Enacts into law major components of legislation which are necessary to implement the budgets for the 2003-2004 state fiscal year; allows the division of correctional industries to purchase inmate made goods, wares, and merchandise from correctional industry programs; authorizes the commissioner of motor vehicles to set the fee for license plates; expands the allowable purposes for which unappropriated state lands may be transferred to municipalities; increases the fee paid by nuclear power generator plant operators in support of state and local radiological emergency preparedness requirements; raises certain fines for vehicle and traffic law violations; relates to fees for sex offender registration and DNA data bank; relates to criminal history surcharges; relates to staffing of correctional facilities; relates to criminal history checks; relates to assigned counsel, aggregate receipts from mandatory surcharges, and attorney registration fees; merges the public employment relations board and the state employment relations board; relates to parking surcharges; repeals provision relating to suspension for failure to answer an appearance ticket; amends chapter 166 of the laws of 1991, in relation to the return of a portion of mandatory surcharges; mandates surcharges under the vehicle and traffic law; relates to the collection of fees by county clerks; increases civil court fees; relates to surcharges for driving while intoxicated and driving while ability impaired; payments to Westchester county for policing special parkways; eliminates powers of the state liquor authority; relates to victim assistance fees and mandatory surcharges; relates to termination of a sentence; relates to the admissibility as evidence before a grand jury of a sworn statement by a police officer; relates to compensation and benefits paid by insolvent self-insured employers; relates to brokered dealer statement fees and real estate syndication offering fees; makes checks or drafts issued by the state of New York subject to the abandoned property law; relates to motor vehicle law enforcement fees; relates to the prevention of automobile theft and insurance fraud; amends chapter 57 of the laws of 2000 effectiveness; extends chapter 411 of the laws of 1999; relates to the registration fees charged to certain lobbyists; relates to transcripts of parole board release interviews and revocation hearings; expands the authority of a political subdivision or district to purchase materials or contract for services; removes requirement that moneys in certain reserve funds be kept in separate accounts; allows acceptance of sealed bids in electronic format; provides for payment of taxes via the internet; allows posting of information and notices upon a website maintained by a county, town or village; relates to assessed value; provides for study and a dissolution report; provides for payment of general purpose local government aid for the fiscal year; authorizes expedited deployment funding for enhanced wireless 911 service; creates the Niagara Falls casino-community accommodation and improvement commission; appropriates monies for transportation projects; authorizes the state's five-year transportation plan; extends the effectiveness of chapter 3 of the laws of 2002; authorizes an increased voluntary contribution by the NY power authority; funds the Cornell University theory center; relates to contracts with neighborhood and rural preservation companies; establishes the NY telecommunications relay service center; increases fees of certain food establishments; relates to the assessment and reimbursement of state expenditures; "I love NY waterways"; authorizes the urban development corporations to issue bonds; amends the effectiveness of chapter 393 of the laws of 1994; provides for utilization of utility assessment funds; relates to mined lands reclamation fees; provides for the transfer of moneys from NY state energy research and development authority; provides utilization and assessment funds; relates to oil, gas and solution mining fees; expenditures from the environmental protection fund; increases certain environmental fees; increases certain motor vehicle transaction fees; enacts the waste tire management and recycling act of 2003; amends chapter 621 of the laws of 1998, effectiveness; relates to pesticide applicator certifications; provides aid for education, for the sale of bonds at public sale, obligations issued by the dormitory authority, grants for schools, Fort Drum schools, bilingual education, pre-kindergarten programs and tuition assistance; provides fee for recording real property; extends chapter 540 of the laws of 1992; establishes NY occupational safety and health hazard abatement board; transfers council to office of children and family services; requires cost sharing by school districts for maintenance costs; increases quality of children and family services programs; establishes child care pilot programs; relates to grants to day care workers; effectiveness of chapter 416 of the laws of 2000; increases standards of monthly need for certain persons; directs the loaning of money, payments, transfers and deposits; provides for housing program bonds and notes; amends chapter 389 of the laws of 1997; amends chapter 81 of the laws of 2002; creates the interest assessment surcharge; contributions to the interest assessment surcharge fund; provides for variable rate bonds, interest rate exchange and limitations on the issuance of state-supported debt; relates to notes and bonds of environmental facilities; amends chapter 170 of the laws of 1994; provides for mental health support services; amends chapter 119 of the laws of 1997; transfers funds to the community projects fund; amends chapter 359 of the laws of 2002, chapter 429 of the laws of 2002, chapter 538 of the laws of 2002, chapter 562 of the laws of 2001, chapter 618 of the laws of 2002; increases fees charged for vital records; provides funds for patient health information; coverage for EPIC; expands Medicaid; amends chapter 1 of 2002, 474 of the laws of 1996, 81 of the laws of 1995, 433 of the laws of 1997, 639 of the laws of 1996, 483 of the laws of 1978, 649 of the laws of 1996, 710 of the laws of 1988, 165 of the laws of 1991, 904 of the laws of 1984, 535 of the laws of 1983, 19 of the laws of 1998, 639 of the laws of 1996, and various other chapters in relation to grants, financing, cost and effectiveness thereof; further implements language qualifying appropriations made by a chapter of the laws of 2003 enacting the public protection and general government budget, the transportation, economic development and environmental conservation budget, the education, labor and family assistance budget, and the health and mental health budget; repeals various provisions of law.
STATE OF NEW YORK
________________________________________________________________________
S. 1406--B A. 2106--B
SENATE - ASSEMBLY
January 29, 2003
___________
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
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
AN ACT to amend the general business law, in relation to allowing the
department of correctional services' division of correctional indus-
tries to purchase inmate made goods, wares and merchandise from the
correctional industry programs of the government of the United States
or any other state of the United States (Part A); to amend the vehicle
and traffic law, in relation to authorizing the commissioner of motor
vehicles to set the fee for license plates (Part B); to amend the
vehicle and traffic law and the environmental conservation law, in
relation to raising the fines associated with violating certain
provisions of law (Part C); to amend chapter 152 of the laws of 2001,
amending the military law relating to military funds of the organized
militia, in relation to the effectiveness thereof (Part D); to amend
the correction law, in relation to merit time allowances, earned
eligibility and presumptive release; to amend the executive law and
the penal law, in relation to presumptive release; and providing for
the repeal of certain provisions upon expiration thereof (Part E); to
amend the penal law, the correction law, the criminal procedure law,
the executive law and the village law, in relation to fees for sex
offender registration and DNA databank (Part F); to amend the execu-
tive law, in relation to criminal history surcharges (Part G); to
amend the correction law, in relation to staffing of correctional
facilities (Part H); to amend the vehicle and traffic law, in relation
to requiring criminal history checks (Part I); to amend the county
law, the judiciary law, the vehicle and traffic law and the state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14434-01-3
S. 1406--B 2 A. 2106--B
finance law, in relation to assigned counsel; to amend the state
finance law, in relation to aggregate receipts from mandatory
surcharges in certain cases; to amend the judiciary law, in relation
to attorney registration fees; to amend the vehicle and traffic law,
in relation to parking surcharges; to repeal subdivision 4-a of
section 510 of the vehicle and traffic law relating to suspension for
failure to answer an appearance ticket; to amend chapter 166 of the
laws of 1991, amending the tax law and other laws relating to taxes,
in relation to the return of a portion of mandatory surcharges; to
amend the vehicle and traffic law, in relation to mandating
surcharges; to amend the judiciary law, the civil practice law and
rules and the real property tax law, in relation to the collection of
fees by county clerks; to amend the surrogate's court procedure act,
the uniform district court act and the New York city civil court act,
in relation to civil court fee increases; to amend the vehicle and
traffic law, in relation to driving while intoxicated and driving
while ability impaired surcharges; and providing for the repeal of
certain provisions upon expiration thereof (Part J); to amend the
executive law, in relation to payments to Westchester county for
policing special parkways (Part K); to amend the alcoholic beverage
control law, in relation to the state liquor authority's powers and
duties (Part L); to amend the penal law and the vehicle and traffic
law, in relation to victim assistance fees and mandatory surcharges
and 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 contained therein (Part M); to amend the execu-
tive law, in relation to the termination of a sentence (Part N); to
amend the general business law, in relation to broker dealer statement
fees and real estate syndication offering fees (Part O); to amend the
abandoned property law, in relation to the treatment of uncashed state
checks as unclaimed property, to claims for abandoned property repres-
enting monies paid into court and to uniform requirements for written
notice by holders to owners of unclaimed property; to amend the state
finance law, in relation to making checks or drafts issued by the
state of New York subject to the abandoned property law and to repeal
certain provisions of the abandoned property law relating thereto
(Part P); to amend the insurance law, and the state finance law, in
relation to motor vehicle law enforcement fees; to amend chapter 55 of
the laws of 1992, amending the tax law generally and enacting the
omnibus revenue act of 1992, in relation to extending the effective-
ness of certain provisions relating thereto; to amend chapter 57 of
the laws of 2000, amending the executive law relating to requiring the
superintendent of state police to report yearly to the governor and
the legislature the auto theft prevention activities of the state
police for the previous year, in relation to the effectiveness of
certain provisions of such chapter and providing for the repeal of
certain provisions upon expiration thereof (Part Q); to amend chapter
411 of the laws of 1999, amending the executive law, relating to
permitting the secretary of state to provide special handling for all
documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to
extending the effectiveness thereof (Part R); to amend the legislative
law, in relation to the registration fees charged to certain lobbyists
(Part S); to amend the executive law, in relation to transcripts of
parole board release interviews and revocation hearings (Part T); to
amend the state finance law, in relation to overpayments of salary
S. 1406--B 3 A. 2106--B
(Part U); to amend chapter 141 of the laws of 1994, amending the
legislative law and the state finance law relating to the operation
and administration of the legislature, in relation to extending its
effectiveness (Part V); in relation to the Holocaust Claims Processing
Office (Part W); to amend the general municipal law and the county
law, in relation to expanding the authority of a political subdivision
or district to purchase materials or contract for services; to amend
the general municipal law, in relation to deleting the requirement
that moneys in certain reserve funds be kept in separate bank
accounts; to amend the general municipal law and the local finance
law, in relation to the acceptance of sealed bids in electronic
format; to amend the general municipal law and the real property tax
law, in relation to the payment of taxes via the internet; to amend
the general municipal law, the town law, the county law and the
village law, in relation to allowing the posting of information and
notices upon a website maintained by a county, town, city or village;
to amend the general municipal law, in relation to assessed value; to
amend the village law, in relation to a study committee and dissol-
ution report; to amend the state finance law, in relation to the
payment of general purpose local government aid during the state
fiscal year commencing April 1, 2003; to amend the state finance law,
in relation to assistance to counties and providing for the repeal of
certain provisions upon expiration thereof (Part X); to amend the
county law and the public authorities law, in relation to authorizing
expedited deployment funding for enhanced wireless 911 service (Part
Y); in relation to the Niagara Falls casino-community accommodation
and improvement commission and providing for the repeal of such
provisions upon expiration thereof (Part Z); to appropriate monies for
transportation projects and costs; to amend chapter 329 of the laws of
1991 amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund; to amend
chapter 61 of the laws of 2000 amending the public authorities law and
chapter 329 of the laws of 1991 amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the authorization of the state's
five-year transportation plan (Part A1); to amend chapter 3 of the
laws of 2002, amending the vehicle and traffic law relating to reduc-
ing the blood alcohol level threshold for determination of intoxica-
tion, in relation to the effective date of such chapter (Part B1); to
amend the public authorities law, in relation to authorization of an
increased voluntary contribution by the New York power authority (Part
C1); (Intentionally omitted) (Part D1); to authorize the dormitory
authority of the state of New York to provide funding for the Cornell
University theory center (Part E1); to amend the private housing
finance law, in relation to contracts with neighborhood and rural
preservation companies (Part F1); (Intentionaly omitted) (Part G1); to
amend the public service law, in relation to establishing the New York
telecommunications relay service center; (Part H1); to amend the agri-
culture and markets law, in relation to establishing and increasing
certain fees and requiring the licensure of certain food establish-
ments (Part I1); to amend the public authorities law, in relation to
the assessment and reimbursement of state expenditures (Part J1); to
amend the state finance law, in relation to the "I love NY waterways"
boating safety fund and to amend the vehicle and traffic law, in
relation to vessel registration fees (Part K1); to authorize the urban
development corporation to issue bonds (Part L1); to amend chapter 393
S. 1406--B 4 A. 2106--B
of the laws of 1994 amending the New York state urban development
corporation act, in relation to the effectiveness thereof and to amend
the New York state urban development corporation act, in relation to
applications for assistance (Part M1); to provide for the utilization
of utility assessment funds (Part N1); to amend the environmental
conservation law, in relation to mined land reclamation fees (Part
O1); to provide for the transfer of moneys from the New York state
energy research and development authority (Part P1); to provide for
the utilization of utility assessment funds (Part Q1); to amend the
environmental conservation law, in relation to oil, gas and solution
mining regulation and reclamation fees (Part R1); to amend the state
finance law, in relation to expenditures from the environmental
protection fund (Part S1); to amend the environmental conservation
law, in relation to increasing certain fees (Part T1); to amend the
vehicle and traffic law, the tax law and the state finance law, in
relation to increasing certain motor vehicle transaction fees, to
repeal section 91 of the state finance law relating to the transporta-
tion safety account and to amend chapter 84 of the laws of 2002 amend-
ing the state finance law relating to costs of the department of motor
vehicles, in relation to the effectiveness thereof; and providing for
the repeal of certain provisions upon the expiration thereof (Part
U1); to amend the environmental conservation law, the state finance
law and the vehicle and traffic law, in relation to enacting the waste
tire management and recycling act of 2003 (Part V1); to amend the
environmental conservation law, the vehicle and traffic law and the
state finance law, in relation to heavy duty vehicle emissions
violations and to amend chapter 621 of the laws of 1998, amending the
environmental conservation law, the public authorities law, the state
finance law, the transportation law and the vehicle and traffic law
relating to heavy duty vehicle emissions reduction, in relation to the
effectiveness thereof (Part W1); and to amend the environmental
conservation law, in relation to pesticide applicator certifications
(Part X1); to amend the education law, in relation to the purchase of
metal detectors and safety devices; to amend the education law and the
public authorities law, in relation to aid for education; to amend the
local finance law, in relation to sale bonds at public sale; to amend
the public authorities law, in relation to obligations issued by the
dormitory authority; to amend chapter 82 of the laws of 1995, amending
the education law and certain other laws relating to state aid to
school districts and the appropriation of funds for the support of
government, in relation to extending certain provisions of such chap-
ter relating to aid payable to the Plattsburgh and Rome city school
districts; to amend chapter 169 of the laws of 1994 relating to
certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service budgets, in relation to
certain expiration and repeal dates contained therein; to amend chap-
ter 756 of the laws of 1992, relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to reimbursement and the effectiveness of
such chapter; in relation to school bus driver training; in relation
to Fort Drum school district grants; in relation to public libraries;
in relation to learning technology grants; in relation to homeless
transportation administration; in relation to pre-school expenses; in
relation to special apportionment for salary expenses; in relation to
bilingual education grants; in relation to grants for teacher support,
teachers of tomorrow, the teacher mentor intern program and the teach-
S. 1406--B 5 A. 2106--B
er resources and computer training centers program; in relation to
expenditures for the education department; in relation to aid payable
to certain school districts; in relation to appropriations for pre-
kindergarten programs; and providing for the repeal of certain
provisions upon expiration thereof (Part A2); to amend the education
law, in relation to semester payments for the tuition assistance
program (Part B2); to amend the real property law and the state
finance law, in relation to the fee for recording real property trans-
fer reporting forms (Part C2); to amend chapter 540 of the laws of
1992, amending the real property tax law relating to oil and gas
charges, in relation to the effectiveness of such chapter (Part D2);
to establish the task force on funding options for the New York state
occupational safety and health hazard abatement board; and to provide
for the repeal of such provisions upon the expiration thereof (Part
E2); to amend the executive law and the social services law, in
relation to the transfer of the state council on children and families
to the office of children and family services, and to repeal article
19-C of the executive law related thereto, and to repeal subdivision 3
of section 409-i of the social services law relating to the review of
programs concerning adolescent pregnancy and teenage motherhood (Part
F2); to amend the social services law and the education law, in
relation to requiring a school district share for the maintenance
costs associated with the committee on special education residential
placements (Part G2); to amend the state finance law, in relation to
activities to increase the availability and/or quality of children and
family services programs (Part H2); to establish the child care pilot
program (Part I2); to amend the social services law, in relation to
grants to day care workers for salary enhancements and professional
advancement; to amend chapter 416 of the laws of 2000, amending the
social services law and the state finance law, relating to the "Quali-
ty Child Care and Protection Act", in relation to extending the effec-
tiveness thereof (Part J2); to amend the social services law, in
relation to increasing the standards of monthly need for aged, blind
and disabled persons and increasing mandatory minimum state supplemen-
tation of federal supplemental security income benefits (Part K2); to
implement language qualifying appropriations made by a chapter of the
laws of 2003 enacting the public protection and general government
budget (Part L2); in relation to implementing certain provisions of
law which impact upon the expenditure of certain appropriations made
by the chapter of the laws of 2003 which enacts the transportation,
economic development and environmental conservation budget (Part M2);
in relation to implementing certain provisions of law which impact
upon the expenditure of certain appropriations made by the chapter of
the laws of 2003 which enacts the education, labor and family assist-
ance budget (Part N2); to implement language qualifying appropriations
made by a chapter of the laws of 2003 enacting the health and mental
hygiene budget (Part O2); authorizing and directing the state comp-
troller to loan money to certain funds and accounts; to amend the
state finance law, in relation to payments, transfers and deposits,
and in relation to maximum amount of certificates of participation; to
amend the private housing finance law, in relation to housing program
bonds and notes; to amend chapter 389 of the laws of 1997 relating to
the financing of the youth facility improvement fund, in relation to
the youth facilities bond program; to amend chapter 81 of the laws of
2002 relating to the financing of certain buildings located in the
city of Albany, in relation to the authorization to issue bonds; to
S. 1406--B 6 A. 2106--B
amend the public authorities law, in relation to state environmental
infrastructure projects, financing of courthouse improvements, and the
financing of certain dormitories at certain educational institutions;
to amend the state finance law, in relation to creating the interest
assessment surcharge fund; to amend the labor law, in relation to
contributions to the interest assessment surcharge fund; to amend the
state finance law, in relation to variable rate bonds, interest rate
exchange, and limitations on the issuance of state-supported debt; to
amend the public authorities law, in relation to notes and bonds of
the environmental facilities corporation; and to repeal subdivision 4
of section 66 of the state finance law relating to issuance of certif-
icates of participation and providing for the repeal of certain
provisions upon expiration thereof (Part P2); to amend chapter 170 of
the laws of 1994 amending the executive law relating to creating a
naturally occurring retirement community supportive services program
and providing for the repeal of such provisions upon expiration there-
of, in relation to extending the effectiveness thereof (Part Q2); to
amend the mental hygiene law, in relation to the community mental
health support and workforce reinvestment program, and the membership
of subcommittees for mental health of community services boards and
the duties of such subcommittees; to amend the state finance law, in
relation to creating the community mental health and workforce rein-
vestment account; and providing for the repeal of such provisions upon
expiration thereof (Part R2); to amend chapter 119 of the laws of 1997
relating to authorizing the department of health to establish certain
payments to general hospitals, in relation to extending the authori-
zation for the department of health to continue those payments to
general hospitals (Part S2); to amend the state finance law, in
relation to community projects funds (Part T2); in relation to the
transfer of funds to the community projects fund (Part U2); to amend
chapter 359 of the laws of 2002 amending the state finance law relat-
ing to appropriation to the Alzheimer's disease assistance fund, in
relation to the effectiveness thereof; to amend chapter 438 of the
laws of 2002 relating to providing for a study by the department of
health of infection control in endoscopy, in relation to the effec-
tiveness thereof; to amend chapter 429 of the laws of 2002 amending
the public health law relating to establishing the reflex sympathetic
dystrophy syndrome and prevention and education program, in relation
to the effectiveness thereof; to amend chapter 538 of the laws of 2002
amending the public health law relating to enacting the obesity
prevention act, in relation to the effectiveness thereof; to amend
chapter 562 of the laws of 2001 amending the public health law relat-
ing to the regulation of body piercing and tattooing, in relation to
the effectiveness thereof; and to amend chapter 618 of the laws of
2002 amending the public health law relating to the regulating home
medical equipment service agencies, in relation to the effectiveness
thereof (Part V2); to amend the public health law, the domestic
relations law and the state finance law, in relation to increasing
fees charged for vital records services; and repealing section 4178 of
the public health law relating thereto (Part W2); to amend the public
health law, in relation to allowing for the use of funds of the office
of professional medical conduct for activities of the patient health
information and quality improvement act of 2000 and providing for the
repeal of such provisions upon expiration thereof (Part X2); to amend
the executive law, in relation to the program for elderly pharmaceu-
tical insurance coverage (Part Y2); to amend the social services law
S. 1406--B 7 A. 2106--B
and the public health law, in relation to expanding Medicaid coverage
and rates of payment for residential health care facilities; to amend
chapter 1 of the laws of 2002, amending the public health law, the
social services law and the tax law relating to the Health Care Reform
Act of 2000, in relation to the effective date thereof; to amend chap-
ter 474 of the laws of 1996, amending the education law and other laws
relating to rates for residential health care facilities, in relation
to extending the effectiveness of such rates; to amend chapter 81 of
the laws of 1995, amending the public health law and other laws relat-
ing to medical reimbursement and welfare reform, in relation to the
effectiveness thereof; to amend chapter 433 of the laws of 1997,
amending the public health law and other laws relating to the rate of
reimbursement paid to hospitals and residential health care facili-
ties, in relation to extending the provisions thereof; to amend chap-
ter 639 of the laws of 1996 amending the public health law and other
laws relating to welfare reform, in relation to trend factor elimi-
nation; to amend chapter 483 of the laws of 1978, amending the public
health law relating to rate of payment for each residential health
care facility to real property costs, in relation to the effectiveness
thereof; to amend chapter 649 of the laws of 1996, amending the public
health law, the mental hygiene law and the social services law, relat-
ing to authorizing the establishment of special needs plans, in
relation to making provisions permanent; to amend the public health
law, in relation to refinancing of mortgages by residential health
care facilities; to amend chapter 710 of the laws of 1988, amending
the social services law and the education law relating to medical
assistance eligibility of certain persons and providing for managed
medical care demonstration programs, in relation to making certain
provisions permanent; to amend chapter 165 of the laws of 1991, amend-
ing the public health law and other laws, relating to establishing
payments for medical assistance, in relation to the effectiveness
thereof; to amend chapter 904 of the laws of 1984, amending the public
health law and the social services law, relating to encouraging
comprehensive health services, in relation to the effectiveness there-
of; to amend chapter 535 of the laws of 1983, amending the social
services law relating to eligibility of certain enrollees for medical
assistance, in relation to making provisions permanent; and to amend
chapter 19 of the laws of 1998, amending the social services law
relating to limiting the method of payment for prescription drugs
under the medical assistance program, in relation to extending the
provisions thereof (Part Z2); to amend chapter 639 of the laws of 1996
relating to the Health Care Reform Act of 1996, and to amend chapter 1
of the laws of 1999 relating to the New York Health Care Reform Act of
2000, in relation to extending certain provisions relating thereto; to
amend the public health law, in relation to hospitals; to amend chap-
ter 433 of the laws of 1997 amending the public health law and other
laws relating to rates of reimbursement paid to hospitals and residen-
tial health care facilities, in relation to allocation for grants; to
amend chapter 2 of the laws of 1998 amending the public health law,
the social services law and the insurance law relating to expanding
the child health insurance plan, in relation to extending the effec-
tiveness thereof; to amend the public health law, in relation to the
definition of covered health care services; to amend chapter 82 of the
laws of 2002 amending chapter 1 of the laws of 2002 amending the
public health law, the social services law, and the tax law relating
to the Health Care Reform Act of 2000 relating to health care reform,
S. 1406--B 8 A. 2106--B
in relation to authorizing the commissioner of health to utilize
existing cash balances in certain pools or transfer money from certain
funds; to amend the public health law, in relation to patient services
payments; to amend the general municipal law, in relation to financial
statements; to amend chapter 731 of the laws of 1993 amending the
public health law and other laws relating to reimbursement, delivery
and capital costs of ambulatory health care services and inpatient
hospital services, in relation to extending certain provisions relat-
ing thereto; to amend the social services law, in relation to extend-
ing certain provisions of the medical assistance information and
payment system; to amend chapter 520 of the laws of 1978 relating to
providing for a comprehensive survey of health care financing, educa-
tion and illness prevention and creating councils for the conduct
thereof, in relation to extending the time period for the inpatient
financing system; to amend chapter 600 of the laws of 1986 amending
the public health law relating to the development of pilot reimburse-
ment program for ambulatory care services, in relation to extending
the effectiveness of such chapter; and to amend chapter 753 of the
laws of 1989 amending the public health law and other laws relating to
general hospital reimbursement for inpatient and ambulatory surgery,
in relation to extending the effectiveness of certain provisions
relating thereto; to amend the public health law, in relation to
patient services payment; to amend chapter 703 of the laws of 1988
relating to enacting the expanded health care coverage act of 1988 and
amending the insurance law and other laws relating to expanded health
care and catastrophic health care coverage, in relation to the effec-
tiveness thereof; and to amend the public health law and the insurance
law, in relation to the distribution of funds (Part A3); to amend the
insurance law and the public health law, in relation to establishing
early intervention program third party insurance standards and insti-
tuting parental cost sharing on a sliding fee scale (Part B3); to
amend chapter 462 of the laws of 1996 relating to establishing a qual-
ity incentive payment program, in relation to submission of an expend-
iture plan (Part C3); to create the tobacco settlement financing
corporation act; to amend the state finance law, in relation to estab-
lishing the tobacco bond proceeds fund and the health care reform act
reserve fund; to amend the public officers law, in relation to indem-
nification of employees of the tobacco settlement financing corpo-
ration; and in relation to providing for health care financing (Part
D3); to amend the tax law, chapter 85 of the laws of 2002 amending the
tax law and other laws and making provisions relating to taxation and
related financial matters, and chapter 383 of the laws of 2001 amend-
ing the tax law and other laws relating to authorizing the division of
the lottery to conduct a pilot program involving the operation of
video lottery terminals at certain racetracks, in relation to the
disbursement of revenue from and the conduct of video lottery gaming,
and in relation to extending the effectiveness of laws thereunto
appertaining; to amend the state finance law, in relation to the
establishment of the problem and compulsive gambling education
prevention fund; and to amend the mental hygiene law, in relation to
permitting moneys from said fund to be used for programs of the office
of mental health for compulsive gambling education and treatment (Part
E3); to amend the racing, pari-mutuel wagering and breeding law, in
relation to the payment of regulatory fees, revising the amounts
retained on wagers, expanding simulcast wagering and phone betting; to
amend the state finance law, in relation to establishing the racing
regulation account; to repeal sections 905-a and 906 of the racing,
pari-mutuel wagering and breeding law, relating to certain on-track
wagers; and to repeal subdivisions 6 and 7 of section 1007 of the
racing, pari-mutuel wagering and breeding law, relating to certain
simulcasts track to track (Part F3); to amend chapter 298 of the laws
of 1985, amending the tax law relating to the franchise tax on banking
corporations imposed by the tax law, authorized to be imposed by any
city having a population of one million or more by chapter 772 of the
laws of 1966 and imposed by the administrative code of the city of New
York and relating to other provisions of the tax law, chapter 883 of
the laws of 1975 and the administrative code of the city of New York
which relates to such franchise tax, to amend chapter 817 of the laws
of 1987, amending the tax law and the environmental conservation law,
constituting the business tax reform and rate reduction act of 1987,
and to amend chapter 525 of the laws of 1988, amending the tax law and
the administrative code of the city of New York relating to the impo-
sition of taxes in the city of New York, in relation to the effective-
ness of certain provisions of such chapters; and to amend the tax law,
in relation to permitting certain banking corporations otherwise
subject to tax under article 32 of the tax law to make an election to
be taxed under article 9-A of such law; and to amend the administra-
tive code of the city of New York, in relation to permitting certain
banking corporations otherwise subject to tax under subchapter 3 of
chapter 6 of title 11 of the administrative code of the city of New
York to be taxed under subchapter 2 of such code (Part G3); to amend
the tax law, in relation to eliminating the tax on certain insurance
corporations based on income, capital or subsidiary capital; to amend
the tax law, in relation to the determination of entire net income of
an attorney-in-fact for certain insurance companies; and to amend the
insurance law, in relation to annuities (Part H3); to amend the tax
law, in relation to exemptions from sales and compensating use taxes
for certain clothing and footwear; and providing for the repeal of
certain provisions upon expiration thereof (Part I3); to amend the tax
law, in relation to certain fees imposed on limited liability compa-
nies and limited liability partnerships and providing for the repeal
of such provisions upon expiration thereof (Part J3); to amend the tax
law, in relation to establishing income modifications for certain
deductions claimed with respect to sport utility vehicles (Part K3);
to amend the tax law, in relation to payments of estimated tax by
partnerships, limited liability companies, and S corporations on
behalf of certain partners, members and shareholders (Part L3); to
amend the tax law and the administrative code of the city of New York,
in relation to the floor on interest rates for underpayments (Part
M3); to amend the abandoned property law, in relation to the treatment
of unclaimed amounts, securities or other distributions related to the
demutualization or other reorganization of an insurance company and
providing for the repeal of certain provisions upon expiration thereof
(Part N3); to amend the tax law, in relation to decoupling from
certain federal depreciation provisions (Part O3); (Intentionally
omitted) (Part P3); to amend the tax law, in relation to taxes on
cigarettes and tobacco products imposed by a city of one million or
more (Part Q3); to direct the commissioner of taxation and finance to
take certain actions to provide for the payment and collection of the
compensating use tax imposed by article 28 of the tax law (Part R3);
to amend the tax law, in relation to enacting the "simplified sales
and use tax administration act" (Part S3); to amend the tax law, in
relation to sales on native American nation or tribe lands (Part T3);
to amend the tax law, in relation to related members expense and
income exclusions and add backs (Part U3); to amend the tax law, in
relation to estimated tax on the sale or transfer of real property by
nonresidents (Part V3); to amend the alcoholic beverage control law,
in relation to sales for off-premises consumption and providing for
the repeal of such provisions upon expiration thereof (Part W3); to
amend the tax law, in relation to increasing the state's sales and
compensating use taxes to four and one-quarter percent; and providing
for the repeal of such provisions upon the expiration thereof (Part
X3); to amend the tax law, in relation to the imposition of tax on
individuals (Part Y3); to amend the tax law, chapter 85 of the laws of
2002 amending the tax law and other laws and making provisions relat-
ing to taxation and related financial matters, and chapter 383 of the
laws of 2001 amending the tax law and other laws relating to authoriz-
ing the division of the lottery to conduct a pilot program involving
the operation of video lottery terminals at certain racetracks, in
relation to the disbursement of revenue from and the conduct of video
lottery gaming, and in relation to extending the effectiveness of laws
thereunto appertaining; to amend the state finance law, in relation to
the establishment of the problem and compulsive gambling education
prevention fund; and to amend the mental hygiene law, in relation to
permitting moneys from said fund to be used for programs of the office
of mental health for compulsive gambling education and treatment (Part
Z3); to amend the public authorities law, in relation to payments made
to the city of New York and providing for the repeal of such
provisions upon expiration thereof (Part A4); and to amend section 1,
the opening paragraph of section 15 of part E, section 2 of part L,
section 8 of part P and section 2 of part C1, sections 58 and 62 of
part M2 of this act relating to the effectiveness of such parts, in
relation to making technical corrections thereto (Part A5)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
S. 1406--B 9 A. 2106--B
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2003-2004
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through Y. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 69 of the general business law, as amended by chap-
14 ter 166 of the laws of 1991, is amended to read as follows:
15 § 69. Sale of inmate made goods. No goods, wares, or merchandise,
16 manufactured, produced or mined wholly or in part by inmates, except
17 inmates or persons on parole, probation, or release, shall be sold in
18 this state to any person, firm, association or corporation except that
19 nothing in this section shall be construed to forbid the sale of such
20 goods produced in the correctional facilities of this state to the
21 state, the government of the United States or to any state of the United
22 States, or any political subdivision thereof, or for any public institu-
23 tion owned or managed and controlled by the state, or any political
24 subdivision thereof, as provided in section one hundred eighty-four of
25 the correction law, or any public corporation or eleemosynary associ-
26 ation or corporation funded in whole or in part by any federal, state or
27 local funds, or to forbid the sale, subject to the rules and regulations
28 of the head of the department or other like governmental authority
29 having jurisdiction, of any product resulting from occupational therapy
30 within any penal or correctional institution, as provided in section one
31 hundred ninety-seven of the correction law.
32 Nothing in this section shall be construed to forbid the sale of parts
33 and components produced by inmate labor in correctional industry
34 programs of the government of the United States or any state of the
35 United States, or any political subdivision thereof, to the department
36 of correctional services' division of correctional industries for use in
37 its manufacturing operations.
38 A violation of the provisions of this section shall constitute a
39 misdemeanor.
40 § 2. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2003.
42 PART B
43 Section 1. Paragraph a of subdivision 3 of section 401 of the vehicle
44 and traffic law, as amended by chapter 166 of the laws of 1991, is
45 amended to read as follows:
46 a. Upon filing of such application and the payment of the fee herein-
47 after provided, the commissioner shall assign to such motor vehicle a
48 distinctive number and, without expense to the applicant, issue and
49 deliver in such manner as the commissioner may select to the owner a
50 certificate of registration, in such form as the commissioner shall
51 prescribe, and two number plates at a place within the state of New York
52 named by the applicant in his application. A number plate, within the
S. 1406--B 10 A. 2106--B
1 meaning of this chapter, may, in the discretion of the commissioner, be
2 a plate of a permanent nature, treated with reflectorized material
3 according to specifications prescribed by the commissioner, and with a
4 date tag attached to such plate or to the vehicle as prescribed by regu-
5 lations of the commissioner indicating the validity of the plate during
6 a certain period and the issuance of such a number plate with such date
7 tag to a person possessing such a number plate shall be deemed the issu-
8 ance of a number plate. An additional fee, not to exceed [one dollar and
9 fifty cents above the actual cost of the plates, rounded to the nearest
10 twenty-five cents,] fifteen dollars, shall be paid to the commissioner
11 whenever a set of reflectorized number plates is issued for any vehicle
12 for which a registration fee is normally charged except that, with
13 respect to any number plate which is specifically requested by the
14 applicant, such fee shall be paid to the commissioner upon approval of
15 such request. In the event of the loss, mutilation or destruction of any
16 certificate of registration, any number plate or set of number plates
17 whether with or without a date tag or tags, or any date tag or set of
18 date tags provided for in this article, the owner of a registered motor
19 vehicle may file such statement and proof of the facts as the commis-
20 sioner shall require, with a fee of three dollars, in the office of the
21 commissioner, or, unless and until the commissioner shall otherwise
22 direct, in the office of the agent who issued the certificate, plate,
23 plates, tag or tags and the commissioner or his agent, as the case may
24 be, shall issue a duplicate or substitute. It shall be the duty of
25 every owner holding a certificate of registration to notify the commis-
26 sioner in writing of any change of residence of such person within ten
27 days after such change occurs, and to inscribe on such certificate, in
28 the place provided by the commissioner, a record of such change of resi-
29 dence.
30 § 2. This act shall take effect immediately.
31 PART C
32 Section 1. Subdivisions (b) and (e) of section 1800 of the vehicle and
33 traffic law, subdivision (b) as amended by chapter 202 of the laws of
34 1995 and subdivision (e) as added by chapter 540 of the laws of 1993,
35 are amended to read as follows:
36 (b) Every person convicted of a traffic infraction for a violation of
37 any of the provisions of this chapter or of any ordinance, order, rule
38 or regulation adopted pursuant to section sixteen hundred thirty or
39 sixteen hundred thirty-one for which another penalty is not provided
40 shall for a first conviction thereof be punished by a fine of not more
41 than one hundred fifty dollars or by imprisonment for not more than
42 fifteen days or by both such fine and imprisonment; for a conviction of
43 a second violation, both of which were committed within a period of
44 eighteen months, such person shall be punished by a fine of not more
45 than [two hundred] three hundred dollars or by imprisonment for not more
46 than forty-five days or by both such fine and imprisonment; upon a
47 conviction of a third or subsequent violation, all of which were commit-
48 ted within a period of eighteen months, such person shall be punished by
49 a fine of not more than [three hundred] four hundred fifty dollars or by
50 imprisonment for not more than ninety days or by both such fine and
51 imprisonment, except that a person convicted of a traffic infraction for
52 a violation of paragraph one of subdivision (d) of section one thousand
53 one hundred eleven of this chapter outside of a city having a population
54 of one million or more shall, for a first conviction thereof, be
S. 1406--B 11 A. 2106--B
1 punished by a fine of not less than [fifty] seventy-five dollars nor
2 more than [one hundred fifty] two hundred twenty-five dollars or by
3 imprisonment for not more than fifteen days or by both such fine and
4 imprisonment; for a conviction of a second violation, both of which were
5 committed within a period of eighteen months, such person shall be
6 punished by a fine of not less than one hundred fifty dollars nor more
7 than [two hundred fifty] three hundred seventy-five dollars or by impri-
8 sonment for not more than forty-five days or by both such fine and
9 imprisonment; upon a conviction of a third or subsequent violation, all
10 of which were committed within a period of eighteen months, such person
11 shall be punished by a fine of not less than [two hundred fifty] three
12 hundred seventy-five dollars nor more than [four hundred fifty] six
13 hundred seventy-five dollars or by imprisonment for not more than ninety
14 days or by both such fine and imprisonment except that a person
15 convicted for a violation of paragraph one of subdivision (d) of section
16 one thousand one hundred eleven of this chapter shall, for a first
17 conviction thereof, be punished by a fine of not less than one hundred
18 fifty dollars nor more than [three hundred] four hundred fifty dollars
19 or by imprisonment for not more than fifteen days or by both such fine
20 and imprisonment; for a conviction of a second violation, both of which
21 were committed within a period of eighteen months, such person shall be
22 punished by a fine of not less than [two hundred] three hundred dollars
23 nor more than [five hundred] seven hundred fifty dollars or by imprison-
24 ment for not more than forty-five days or by both such fine and impri-
25 sonment; upon a conviction of a third or subsequent violation, all of
26 which were committed within a period of eighteen months, such person
27 shall be punished by a fine of not less than [five hundred] seven
28 hundred fifty dollars nor more than one thousand five hundred dollars or
29 by imprisonment for not more than ninety days or by both such fine and
30 imprisonment.
31 (e) Every person convicted of a violation of the provisions of section
32 eleven hundred forty-four of this chapter shall for a first conviction
33 thereof be punished by a fine of not more than [one hundred fifty] two
34 hundred seventy-five dollars or by imprisonment for not more than
35 fifteen days or by both such fine and imprisonment. For a conviction of
36 a second violation, both of which were committed within a period of
37 eighteen months, such person shall be punished by a fine of not more
38 than [three hundred] four hundred fifty dollars or by imprisonment for
39 not more than forty-five days or by both such fine and imprisonment. For
40 a conviction of a third violation and all subsequent violations, all of
41 which were committed within a period of eighteen months, such person
42 shall be punished by a fine of not more than [five hundred] seven
43 hundred fifty dollars or by imprisonment for not more than ninety days
44 or by both such fine and imprisonment.
45 § 2. Subdivisions 1 and 2 of section 1801 of the vehicle and traffic
46 law, subdivision 1 as amended by chapter 61 of the laws of 1989 and
47 subdivision 2 as added by chapter 816 of the laws of 1986, are amended
48 to read as follows:
49 1. Every person convicted of a misdemeanor for a violation of any of
50 the provisions of this chapter for which another penalty is not provided
51 shall for a first conviction thereof be punished by a fine of not more
52 than [two hundred] three hundred dollars or by imprisonment for not more
53 than thirty days or by both such fine and imprisonment; for a conviction
54 [or] of a second violation, both of which were committed within a period
55 of eighteen months, such person shall be punished by a fine of not more
56 than [three hundred fifty] five hundred twenty-five dollars or by impri-
S. 1406--B 12 A. 2106--B
1 sonment for not more than ninety days or by both such fine and imprison-
2 ment; upon a conviction of a third or subsequent violation, all of which
3 were committed within a period of eighteen months, such person shall be
4 punished by a fine of not more than [seven hundred fifty] one thousand
5 one hundred twenty-five dollars or by imprisonment for not more than one
6 hundred eighty days or by both such fine and imprisonment, except that
7 any fine imposed upon conviction of a violation of section twelve
8 hundred twelve of this chapter shall be not less than one hundred
9 dollars.
10 2. Notwithstanding the provisions of subdivision one of this section,
11 every operator or registered owner of a motor vehicle having a regis-
12 tered maximum gross weight of eighteen thousand pounds or more convicted
13 of a misdemeanor for a violation of the provisions of the closing para-
14 graph of subdivision one of section three hundred seventy-five of this
15 chapter with respect to the knowing disconnection of any set of service
16 brakes on such motor vehicle, shall be punished by a fine of not more
17 than [one thousand five hundred] two thousand two hundred fifty dollars.
18 § 3. Subdivisions 11 and 12 of section 509 of the vehicle and traffic
19 law, subdivision 11 as added by chapter 61 of the laws of 1989, and
20 subdivision 12 as amended by chapter 429 of the laws of 1994, are
21 amended to read as follows:
22 11. A violation of any provision of this section shall be punishable
23 by a fine of not less than [fifty] seventy-five nor more than [two]
24 three hundred dollars, or by imprisonment for not more than fifteen
25 days, or by both such fine and imprisonment except, if the violation
26 consists of failure to renew a license which was valid within sixty
27 days, the fine shall be not [less] more than [twenty-five] forty
28 dollars, and except that a violation of subdivision seven or eight of
29 this section shall be punishable by a fine of not more than [fifty]
30 seventy-five dollars.
31 12. A violation of subdivision two of this section involving the oper-
32 ation for hire of any vehicle as a taxicab, livery as defined in section
33 one hundred twenty-one-e of this chapter, coach, limousine, van or
34 wheelchair accessible van or tow truck within the state without the
35 appropriate license therefor, shall be punishable by a fine of not less
36 than [one hundred fifty] two hundred twenty-five dollars nor more than
37 [three hundred] four hundred fifty dollars. A person who operates a
38 vehicle for hire without the appropriate license therefor pursuant to
39 subdivision two of this section after having been convicted of such a
40 violation within the preceding five years shall be punished by a fine of
41 not less than [two hundred fifty] three hundred seventy-five dollars nor
42 more than [five hundred] seven hundred fifty dollars. A person who oper-
43 ates a vehicle for hire without the appropriate license therefor pursu-
44 ant to subdivision two of this section after having been convicted two
45 or more times of such a violation within the preceding ten years shall
46 be punished by a fine of not less than [five hundred] seven hundred
47 fifty dollars nor more than one thousand five hundred dollars.
48 § 4. Paragraph 1 of subdivision (h) of section 1180 of the vehicle and
49 traffic law, as amended by chapter 173 of the laws of 1990, the opening
50 paragraph as amended by chapter 484 of the laws of 1999, is amended to
51 read as follows:
52 1. Every person convicted of a violation of subdivision (b) or para-
53 graph one of subdivision (d) of this section shall be punished as
54 follows:
55 (i) Where the court or tribunal records or enters that the speed upon
56 which the conviction was based exceeded the applicable speed limit by
S. 1406--B 13 A. 2106--B
1 not more than ten miles per hour, by a fine of not less than [thirty]
2 forty-five nor more than one hundred fifty dollars;
3 (ii) Where the court or tribunal records or enters that the speed upon
4 which the conviction was based exceeded the applicable speed limit by
5 more than ten miles per hour but not more than thirty miles per hour, by
6 a fine of not less than [sixty] ninety nor more than [two] three hundred
7 dollars or by imprisonment for not more than fifteen days or by both
8 such fine and imprisonment;
9 (iii) Where the court or tribunal records or enters that the speed
10 upon which the conviction was based exceeded the applicable speed limit
11 by more than thirty miles per hour, by a fine of not less than one
12 hundred [twenty] eighty nor more than [four] six hundred dollars, or by
13 imprisonment for not more than thirty days, or by both such fine and
14 imprisonment.
15 § 5. Paragraph 2 of subdivision (h) of section 1180 of the vehicle and
16 traffic law, as amended by chapter 173 of the laws of 1990, is amended
17 to read as follows:
18 2. Every person convicted of a violation of subdivision (a) or (e) of
19 this section shall be punished by a fine of not less than [thirty]
20 forty-five nor more than one hundred fifty dollars, or by imprisonment
21 for not more than fifteen days, or by both such fine and imprisonment.
22 § 6. Paragraph 3 of subdivision (h) of section 1180 of the vehicle and
23 traffic law, as amended by chapter 173 of the laws of 1990, the opening
24 paragraph as amended by chapter 432 of the laws of 1997, is amended to
25 read as follows:
26 3. Every person convicted of a violation of paragraph two of subdivi-
27 sion (d), subdivision (f) or (g) of this section shall be punished as
28 follows:
29 (i) Where the court or tribunal records or enters that the speed upon
30 which the conviction was based exceeded the applicable speed limit by
31 not more than ten miles per hour, by a fine of not less than [sixty]
32 ninety nor more than one hundred fifty dollars;
33 (ii) Where the court or tribunal records or enters that the speed upon
34 which the conviction was based exceeded the applicable speed limit by
35 more than ten miles per hour, but not more than thirty miles per hour,
36 by a fine of not less than one hundred [twenty] eighty nor more than
37 [two] three hundred dollars or by imprisonment for not more than thirty
38 days, or by both such fine and imprisonment, provided, however, that
39 where the vehicle is either (A) in violation of any rules or regulations
40 involving an out-of-service defect relating to brake systems, steering
41 components and/or coupling devices, or (B) transporting flammable gas,
42 radioactive materials or explosives, the fine shall be [two] three
43 hundred dollars or imprisonment for not more than thirty days, or both
44 such fine and imprisonment;
45 (iii) Where the court or tribunal records or enters that the speed
46 upon which the conviction was based exceeded the applicable speed limit
47 by more than thirty miles per hour, by a fine of not less than [two
48 hundred forty] three hundred sixty nor more than [four] six hundred
49 dollars or by imprisonment for not more than thirty days or by both such
50 fine and imprisonment, provided, however, that where the vehicle is
51 either (A) in violation of any rules or regulations involving an out-of-
52 service defect relating to brake systems, steering components and/or
53 coupling devices, or (B) transporting flammable gas, radioactive materi-
54 als or explosives, the fine shall be [four] six hundred dollars or
55 imprisonment for not more than thirty days, or both such fine and impri-
56 sonment.
S. 1406--B 14 A. 2106--B
1 § 7. Paragraph 4 of subdivision (h) of section 1180 of the vehicle and
2 traffic law, as added by chapter 484 of the laws of 1999, is amended to
3 read as follows:
4 4. Every person convicted of a violation of subdivision (c) of this
5 section when such violation occurs in a school speed zone during a
6 school day between the hours of seven o'clock A.M. and six o'clock P.M.,
7 shall be punished as follows:
8 (i) Where the court or tribunal records or enters that the speed upon
9 which the conviction was based exceeded the applicable speed limit by
10 not more than ten miles per hour, by a fine of not less than [sixty]
11 ninety nor more than [two] three hundred dollars;
12 (ii) Where the court or tribunal records or enters that the speed upon
13 which the conviction was based exceeded the applicable speed limit by
14 more than ten miles per hour but not more than thirty miles per hour, by
15 a fine of not less than one hundred [twenty] eighty nor more than [four]
16 six hundred dollars or by imprisonment for not more than fifteen days or
17 by both such fine and imprisonment;
18 (iii) Where the court or tribunal records or enters that the speed
19 upon which the conviction was based exceeded the applicable speed limit
20 by more than thirty miles per hour, by a fine of not less than [two
21 hundred forty] three hundred sixty nor more than [eight] one thousand
22 two hundred dollars, or by imprisonment for not more than thirty days,
23 or by both such fine and imprisonment.
24 § 8. Paragraph 5 of subdivision (h) of section 1180 of the vehicle and
25 traffic law, as amended by chapter 173 of the laws of 1990 and as renum-
26 bered by chapter 484 of the laws of 1999, is amended to read as follows:
27 5. Notwithstanding the foregoing provisions of this subdivision, the
28 maximum fine provided herein for the violation for which the person is
29 sentenced may be increased by an additional one hundred fifty dollars if
30 the conviction is for a second violation of any subdivision of this
31 section where both violations were committed within an eighteen month
32 period, and the maximum fine provided herein for the violation for which
33 the person is sentenced may be increased by an additional [two hundred
34 fifty] three hundred seventy-five dollars if the conviction is for a
35 third or subsequent violation of any subdivision of this section where
36 all such violations were committed within an eighteen month period.
37 Where an additional fine is provided by this paragraph, a sentence of
38 imprisonment for not more than thirty days may be imposed in place of or
39 in addition to any fine imposed.
40 § 9. Subdivisions 1 and 2 of section 1182 of the vehicle and traffic
41 law, subdivision 1 as amended by chapter 247 of the laws of 1991 and
42 subdivision 2 as amended by chapter 594 of the laws of 1987, are amended
43 to read as follows:
44 1. Except as provided in section eleven hundred eighty-two-a of this
45 article or section sixteen hundred thirty, sixteen hundred forty,
46 sixteen hundred forty-two or sixteen hundred sixty of this chapter, no
47 races, exhibitions or contests of speed shall be held and no person
48 shall engage in or aid or abet in any motor vehicle or other speed
49 contest or exhibition of speed on a highway. Such event, if held, shall
50 be fully and efficiently patrolled for the entire distance over which
51 such race, exhibition or contest for speed is to be held. Participants
52 in a race, exhibition or contest of speed are exempted from compliance
53 with any traffic laws otherwise applicable thereto, but shall exercise
54 reasonable care. A violation of any of the provisions of this section
55 shall constitute a misdemeanor and be punishable by imprisonment of not
56 more than thirty days or a fine of not less than [two] three hundred
S. 1406--B 15 A. 2106--B
1 dollars nor more than [three hundred fifty] five hundred twenty-five
2 dollars, or both such fine and imprisonment.
3 2. A second conviction within twelve months of a violation of this
4 section shall be punishable by imprisonment of not more than six months
5 or a fine of not less than [three hundred fifty] five hundred twenty-
6 five dollars nor more than [five hundred] seven hundred fifty dollars,
7 or both such fine and imprisonment.
8 § 10. Subdivision 18 of section 401 of the vehicle and traffic law, as
9 amended by chapter 61 of the laws of 1989, is amended to read as
10 follows:
11 18. A violation of subdivision one of this section shall be punishable
12 by a fine of not less than [fifty] seventy-five nor more than [two]
13 three hundred dollars, or by imprisonment for not more than fifteen
14 days, or by both such fine and imprisonment except, if the violation
15 consists of failure to renew a registration which was valid within sixty
16 days, the fine shall be not less than [twenty-five] forty dollars. A
17 violation of subdivision seven or eight of this section shall be punish-
18 able by a fine of not less than one hundred fifty nor more than [two
19 hundred fifty] three hundred seventy-five dollars, or by imprisonment
20 for not more than thirty days, or by both such fine and imprisonment,
21 for the first offense, except where the violation was committed with a
22 vehicle having a maximum gross weight of less than eighteen thousand
23 pounds the violation should be punished by a fine of not less than
24 [twenty-five] forty nor more than [two hundred fifty] three hundred
25 seventy-five dollars; by a fine of not less than [two hundred fifty]
26 three hundred seventy-five dollars nor more than [five hundred] seven
27 hundred fifty dollars, or by imprisonment for not more than sixty days,
28 or by both such fine and imprisonment, for the second or subsequent
29 offense; provided that a sentence or execution thereof for any violation
30 under this subdivision may not be suspended. For any violation of said
31 subdivision seven or eight of this section, the registration of the
32 vehicle may be suspended for a period of not less than ten days nor more
33 than six months whether at the time of the violation the vehicle was in
34 charge of the owner or his agent. The provisions of section five hundred
35 ten of this chapter shall apply to such suspension except as otherwise
36 provided herein.
37 § 11. Subdivisions 1 and 5 of section 319 of the vehicle and traffic
38 law, subdivision 1 as amended by chapter 294 of the laws of 1980 and
39 subdivision 5 as amended by chapter 61 of the laws of 1989, are amended
40 to read as follows:
41 1. Any owner of a motor vehicle registered in this state, or an unreg-
42 istered motor vehicle, who shall operate such motor vehicle or permit it
43 to be operated in this state without having in full force and effect the
44 financial security required by the provisions of this chapter and any
45 other person who shall operate in this state any motor vehicle regis-
46 tered in this state, or an unregistered motor vehicle, with the know-
47 ledge that the owner thereof does not have in full force and effect such
48 proof of financial security, except a person who, at the time of opera-
49 tion of such motor vehicle, had in effect an operator's policy of
50 liability insurance, as defined in section three hundred eighteen, with
51 respect to his operation of such vehicle shall be guilty of a traffic
52 infraction and upon conviction may be fined not less than one hundred
53 fifty dollars or more than one thousand five hundred dollars or may be
54 imprisoned for not more than fifteen days or both. In addition to the
55 penalties herein set forth, such person, upon conviction, shall also
S. 1406--B 16 A. 2106--B
1 become liable for payment to the department of the civil penalty
2 provided in subdivision five of this section.
3 5. The civil penalty for a violation of subdivision one of this
4 section shall be [five hundred] seven hundred fifty dollars.
5 § 12. Paragraph d of subdivision 10 of section 375 of the vehicle and
6 traffic law, as added by chapter 827 of the laws of 1990, is amended to
7 read as follows:
8 d. Every new passenger-type motor vehicle, except a motorcycle, manu-
9 factured for sale in New York state on or after January first, in the
10 year next succeeding the effective date of this paragraph shall be manu-
11 factured with an interior rear-view mirror of the selective position
12 prismatic type with a reflectance value in the night driving position of
13 at least four percent; or its functional equivalent. For purposes of
14 this section, "passenger-type motor vehicle" shall mean any motor vehi-
15 cle with a seating capacity of not more than fifteen adults, not includ-
16 ing the driver, that is equipped with one or more rear windows. Any
17 violation of the provisions of this paragraph by any manufacturer shall
18 constitute an offense and shall be punishable by a civil fine of not
19 more than [five hundred] seven hundred fifty dollars for each offense.
20 § 13. Paragraph (f) of subdivision 28-f of section 375 of the vehicle
21 and traffic law, as added by chapter 761 of the laws of 1975, is amended
22 to read as follows:
23 (f) No registered owner shall permit a motor vehicle, required to have
24 an exhaust emission control device in proper working condition pursuant
25 to the provisions of this subdivision, to be operated in the portion of
26 the state to which this subdivision is applicable, unless such vehicle
27 is equipped with an approved exhaust emission control device in proper
28 working condition. Every person convicted of a violation of this para-
29 graph shall for a first violation thereof with respect to a particular
30 motor vehicle be punished by a fine of [five hundred] seven hundred
31 fifty dollars. Such fine may not be waived, suspended or in any other
32 manner not levied, except that [three hundred] four hundred fifty
33 dollars of such fine may be waived upon presentation of acceptable
34 evidence prior to the final determination of the violation that the
35 device required pursuant to paragraph (a) of this subdivision has been
36 installed on the vehicle and is in proper working condition. Every
37 person convicted of a second or subsequent violation with respect to a
38 particular vehicle shall be punished by a fine of [five hundred] seven
39 hundred fifty dollars, which fine may not be waived, suspended or in any
40 other manner not levied.
41 § 14. Subdivision 32 of section 375 of the vehicle and traffic law, as
42 amended by chapter 61 of the laws of 1989, is amended to read as
43 follows:
44 32. The violation of any of the provisions of this section with
45 respect to adequate brakes except those relating to emergency or hand
46 brakes shall constitute a misdemeanor and the violation of any of the
47 other provisions of this section, including those relating to emergency
48 or hand brakes, shall be punishable by a fine not exceeding one hundred
49 fifty dollars or by imprisonment for not exceeding thirty days, or by
50 both such fine and imprisonment, except as herein otherwise provided.
51 § 15. Paragraph (b) of subdivision 47 of section 375 of the vehicle
52 and traffic law, as added by chapter 856 of the laws of 1990, is amended
53 to read as follows:
54 (b) Any person convicted of a violation of this section shall for a
55 first conviction thereof be punished by a fine of up to one hundred
56 fifty dollars; for a conviction of a second violation, both of which
S. 1406--B 17 A. 2106--B
1 were committed within a period of eighteen months, such person shall be
2 guilty of a traffic infraction and shall be punished by a fine of not
3 less than one hundred fifty dollars and not more than [two] three
4 hundred dollars; upon conviction of a third or subsequent violation, all
5 of which were committed within a period of eighteen months, such person
6 shall be guilty of a traffic infraction and shall be punished by a fine
7 of not less than [two hundred fifty] three hundred seventy-five dollars
8 and not more than [five hundred] seven hundred fifty dollars.
9 §§ 16-20. Intentionally omitted.
10 § 21. Subdivision 1 of section 71-2103 of the environmental conserva-
11 tion law, as amended by chapter 608 of the laws of 1993, is amended to
12 read as follows:
13 1. Except as provided in section 71-2113, any person who violates any
14 provision of article nineteen or any code, rule or regulation which was
15 promulgated pursuant thereto; or any order except an order directing
16 such person to pay a penalty by a specified date issued by the commis-
17 sioner pursuant thereto, shall be liable, in the case of a first
18 violation, for a penalty not less than [two hundred fifty] three hundred
19 seventy-five dollars nor more than [ten] fifteen thousand dollars for
20 said violation and an additional penalty of not to exceed [ten] fifteen
21 thousand dollars for each day during which such violation continues. In
22 the case of a second or any further violation, the liability shall be
23 for a penalty not to exceed [fifteen thousand] twenty-two thousand five
24 hundred dollars for said violation and an additional penalty not to
25 exceed [fifteen thousand] twenty-two thousand five hundred dollars for
26 each day during which such violation continues. In addition thereto,
27 such person may be enjoined from continuing such violation as hereinaft-
28 er provided.
29 § 22. Subdivision 1 of section 71-2105 of the environmental conserva-
30 tion law, as amended by chapter 608 of the laws of 1993, is amended to
31 read as follows:
32 1. Except as provided in section 71-2113, any person who shall wilful-
33 ly violate any of the provisions of article 19 or any code, rule or
34 regulation promulgated pursuant thereto or any final determination or
35 order of the commissioner made pursuant to article 19 shall be guilty of
36 a misdemeanor, and, upon conviction thereof, shall be punished by a
37 fine, in the case of a first conviction, of not less than [two hundred
38 fifty] three hundred seventy-five dollars nor more than [ten] fifteen
39 thousand dollars or by imprisonment for a term of not more than one
40 year, or by both such fine and imprisonment, for each separate
41 violation. If the conviction is for an offense committed after the first
42 conviction of such person under this subdivision, such person shall be
43 punished by a fine not to exceed [fifteen thousand] twenty-two thousand
44 five hundred dollars, or by imprisonment, or by both such fine and
45 imprisonment. Each day on which such violation occurs shall constitute a
46 separate violation.
47 § 23. Subdivision 1 of section 71-2113 of the environmental conserva-
48 tion law, as added by chapter 942 of the laws of 1984, is amended to
49 read as follows:
50 1. Civil and administrative sanctions. Any person who violates any of
51 the provisions of, or who fails to perform any duty imposed by section
52 19-0304 of this chapter, or any rule or regulation promulgated pursuant
53 thereto, or any term or condition of any certificate or permit issued
54 pursuant thereto, or any final determination or order of the commission-
55 er made pursuant to article 19 of this chapter concerning a violation of
56 section 19-0304 of this chapter shall be liable in the case of a first
S. 1406--B 18 A. 2106--B
1 violation, for a civil penalty not to exceed [twenty-five thousand]
2 thirty-seven thousand five hundred dollars and an additional penalty of
3 not more than [twenty-five thousand] thirty-seven thousand five hundred
4 dollars for each day during which such violation continues, to be
5 assessed by the commissioner after an opportunity to be heard pursuant
6 to the provisions of section 71-1709 of this [chapter] article, or by
7 the court in any action or proceeding pursuant to section 71-2107 of
8 this [chapter] title, and, in addition thereto, such person may by simi-
9 lar process be enjoined from continuing such violation and any permit or
10 certificate issued to such person may be revoked or suspended or a pend-
11 ing renewal application denied. In the case of a second and any further
12 violation, the liability shall be for a civil penalty not to exceed
13 [fifty] seventy-five thousand dollars for each such violation and an
14 additional penalty not to exceed [fifty] seventy-five thousand dollars
15 for each day during which such violation continues.
16 § 24. Subdivision 2 of section 71-2113 of the environmental conserva-
17 tion law, as added by chapter 942 of the laws of 1984, is amended to
18 read as follows:
19 2. Criminal sanctions. Any person who, having any of the culpable
20 mental states defined in section 15.05 of the penal law, shall violate
21 any of the provisions of or who fails to perform any duty imposed by
22 section 19-0304 of this chapter, or any rules and regulations promulgat-
23 ed pursuant thereto, or any term or condition of any certificate or
24 permit issued pursuant thereto, or any final determination or order of
25 the commissioner made pursuant to article 19 of this chapter concerning
26 a violation of section 19-0304 of this chapter shall be guilty of a
27 misdemeanor and, upon conviction thereof, shall for a first conviction
28 be punished by a fine not to exceed [twenty-five thousand] thirty-seven
29 thousand five hundred dollars per day of violation or by imprisonment
30 for a term of not more than one year, or both such fine and imprison-
31 ment. If the conviction is for an offense committed after a first
32 conviction of such person under this subdivision, punishment shall be by
33 a fine not to exceed [fifty] seventy-five thousand dollars per day of
34 violation, or by imprisonment for not more than two years or by both
35 such fine and imprisonment.
36 § 25. Paragraph a of subdivision 1 of section 71-2703 of the environ-
37 mental conservation law, as amended by chapter 508 of the laws of 1995,
38 is amended to read as follows:
39 a. Any person who violates any of the provisions of, or who fails to
40 perform any duty imposed by title 3 or 7 of article 27 of this chapter
41 or any rule or regulation promulgated pursuant thereto, or any term or
42 condition of any certificate or permit issued pursuant thereto, or any
43 final determination or order of the commissioner made pursuant to this
44 title shall be liable for a civil penalty not to exceed [five thousand]
45 seven thousand five hundred dollars for each such violation and an addi-
46 tional penalty of not more than one thousand five hundred dollars for
47 each day during which such violation continues, to be assessed by the
48 commissioner after an opportunity to be heard pursuant to the provisions
49 of section 71-1709 of this [chapter] article, or by the court in any
50 action or proceeding pursuant to section 71-2727 of this [chapter]
51 title, and, in addition thereto, such person may by similar process be
52 enjoined from continuing such violation and any permit or certificate
53 issued to such person may be revoked or suspended or a pending renewal
54 application denied.
S. 1406--B 19 A. 2106--B
1 § 26. Subparagraphs i and ii of paragraph b of subdivision 1 of
2 section 71-2703 of the environmental conservation law, as added by chap-
3 ter 508 of the laws of 1995, are amended to read as follows:
4 i. Any person who violates any of the provisions of, or who fails to
5 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
6 or any rule or regulation promulgated pursuant thereto, or any term or
7 condition of any certificate or permit issued pursuant thereto and
8 thereby causes the release of solid waste into the environment, shall be
9 liable for a civil penalty not to exceed [seven thousand five hundred]
10 eleven thousand two hundred fifty dollars for each such violation and an
11 additional penalty of not more than [seven thousand five hundred] eleven
12 thousand two hundred fifty dollars for each day during which such
13 violation continues, to be assessed by the commissioner after an oppor-
14 tunity to be heard pursuant to the provisions of section 71-1709 of this
15 [chapter] article, or by the court in any action or proceeding pursuant
16 to section 71-2727 of this [chapter] title, and, in addition thereto,
17 such person may by similar process be enjoined from continuing such
18 violation and any permit or certificate issued to such person may be
19 revoked or suspended or a pending renewal application denied.
20 ii. Any person who violates any of the provisions of, or who fails to
21 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
22 or any rule or regulation promulgated pursuant thereto, or any term or
23 condition of any certificate or permit issued pursuant thereto and
24 thereby causes the release of more than ten cubic yards of solid waste
25 into the environment, shall be liable for a civil penalty not to exceed
26 [fifteen thousand] twenty-two thousand five hundred dollars for each
27 such violation and an additional penalty of not more than [fifteen thou-
28 sand] twenty-two thousand five hundred dollars for each day during which
29 such violation continues, to be assessed by the commissioner after an
30 opportunity to be heard pursuant to the provisions of section 71-1709 of
31 this [chapter] article, or by the court in any action or proceeding
32 pursuant to section 71-2727 of this [chapter] title, and, in addition
33 thereto, such person may by similar process be enjoined from continuing
34 such violation and any permit or certificate issued to such person may
35 be revoked or suspended or a pending renewal application denied.
36 § 27. Paragraph a and subparagraphs i and ii of paragraph b of subdi-
37 vision 2 of section 71-2703 of the environmental conservation law, para-
38 graph a as amended and subparagraphs i and ii of paragraph b as added by
39 chapter 508 of the laws of 1995, are amended to read as follows:
40 a. Any person who, having any of the culpable mental states defined in
41 section 15.05 of the penal law, shall violate any of the provisions of
42 or who fails to perform any duty imposed by title 3 or 7 of article 27
43 of this chapter, or any rules and regulations promulgated pursuant ther-
44 eto, or any final determination or order of the commissioner made pursu-
45 ant to this title shall be guilty of a violation and, upon conviction
46 thereof, shall be punished by a fine of not less than one thousand five
47 hundred dollars nor more than [ten] fifteen thousand dollars per day of
48 violation or by imprisonment for not more than fifteen days or by both
49 such fine and imprisonment.
50 i. Any person who shall violate paragraph a of this subdivision and
51 thereby causes or attempts to cause the release of more than ten cubic
52 yards of solid waste into the environment shall be guilty of a class B
53 misdemeanor and, upon conviction thereof, shall be punished by a fine of
54 not less than [two thousand five hundred] three thousand seven hundred
55 fifty dollars per day nor more than [fifteen thousand] twenty-two thou-
56 sand five hundred dollars per day of violation, or by imprisonment for a
S. 1406--B 20 A. 2106--B
1 term in accordance with the penal law, or by both such fine and impri-
2 sonment.
3 ii. Any person who shall violate paragraph a of this subdivision and
4 thereby causes or attempts to cause the release of more than ten cubic
5 yards of solid waste into the environment, after having been convicted
6 of a violation of this subdivision within the preceding five years,
7 shall be guilty of a class A misdemeanor and, upon conviction thereof,
8 shall be punished by a fine of not less than [two thousand five hundred]
9 three thousand seven hundred fifty dollars per day nor more than [twen-
10 ty-five thousand] thirty-seven thousand five hundred dollars per day of
11 violation, or by imprisonment for a term in accordance with the penal
12 law, or by both such fine and imprisonment.
13 § 28. Subparagraphs i and ii of paragraph c of subdivision 2 of
14 section 71-2703 of the environmental conservation law, as added by chap-
15 ter 508 of the laws of 1995, are amended to read as follows:
16 i. Any person who shall violate paragraph a of this subdivision and
17 thereby causes or attempts to cause the release of more than seventy
18 cubic yards of solid waste into the environment shall be guilty of a
19 class A misdemeanor and, upon conviction thereof, shall be punished by a
20 fine of not less than [two thousand five hundred] three thousand seven
21 hundred fifty dollars per day nor more than [twenty-five thousand] thir-
22 ty-seven thousand five hundred dollars per day of violation, or by
23 imprisonment for a term in accordance with the penal law, or by both
24 such fine and imprisonment.
25 ii. Any person who shall violate paragraph a of this subdivision and
26 thereby causes or attempts to cause the release of more than seventy
27 cubic yards of solid waste into the environment, after having been
28 convicted of a violation of this subdivision within the preceding five
29 years, shall be guilty of a class E felony and, upon conviction thereof,
30 shall be punished by a fine of not less than [five thousand] seven thou-
31 sand five hundred dollars per day nor more than [fifty] seventy-five
32 thousand dollars per day of violation, or by imprisonment for a term in
33 accordance with the penal law, or by both such fine and imprisonment.
34 § 29. Subdivision 3 of section 71-2703 of the environmental conserva-
35 tion law, as amended by chapter 508 of the laws of 1995, is amended to
36 read as follows:
37 3. Additional sanctions. Any person who violates any of the provisions
38 of, or who fails to perform any duty imposed by title 7 of article 27,
39 with regard to the construction and operation of facilities for the
40 disposal of construction and demolition debris or any rule or regulation
41 promulgated pursuant thereto, or any term or condition of any certif-
42 icate or permit issued pursuant thereto or any final determination or
43 order of the commissioner made pursuant to this title shall be liable
44 for a civil penalty not to exceed [ten] fifteen thousand dollars and
45 each day of such deposition shall constitute a separate violation and
46 said civil penalty is in addition to any other fines or penalties which
47 may be applied pursuant to this title.
48 § 30. Subdivision 1 of section 71-2705 of the environmental conserva-
49 tion law, as amended by chapter 493 of the laws of 1985, is amended to
50 read as follows:
51 1. Civil and administrative sanctions. Any person who violates any of
52 the provisions of, or who fails to perform any duty imposed by titles 9,
53 11 and 13 of article 27 or any rule or regulation promulgated pursuant
54 thereto, or any term or condition of any certificate or permit issued
55 pursuant thereto, or any final determination or order of the commission-
56 er made pursuant to this title shall be liable in the case of a first
S. 1406--B 21 A. 2106--B
1 violation, for a civil penalty not to exceed [twenty-five thousand]
2 thirty-seven thousand five hundred dollars and an additional penalty of
3 not more than [twenty-five thousand] thirty-seven thousand five hundred
4 dollars for each day during which such violation continues, to be
5 assessed by the commissioner after an opportunity to be heard pursuant
6 to the provisions of section 71-1709 of this [chapter] article, or by
7 the court in any action or proceeding pursuant to section 71-2727 of
8 this [chapter] title, and, in addition thereto, such person may by simi-
9 lar process be enjoined from continuing such violation and any permit or
10 certificate issued to such person may be revoked or suspended or a pend-
11 ing renewal application denied. In the case of a second and any further
12 violation, the liability shall be for a civil penalty not to exceed
13 [fifty] seventy-five thousand dollars for each such violation and an
14 additional penalty not to exceed [fifty] seventy-five thousand dollars
15 for each day during which such violation continues.
16 § 31. Subdivision 2 of section 71-2705 of the environmental conserva-
17 tion law, as added by chapter 550 of the laws of 1980, is amended to
18 read as follows:
19 2. Criminal sanctions. Any person who, having any of the culpable
20 mental states defined in section 15.05 of the penal law, shall violate
21 any of the provisions of or who fails to perform any duty imposed by
22 titles 9, 11 and 13 of article 27 or any rules and regulations promul-
23 gated pursuant thereto, or any term or condition of any certificate or
24 permit issued pursuant thereto, or any final determination or order of
25 the commissioner made pursuant to this title shall be guilty of a misde-
26 meanor and, upon conviction thereof, shall for a first conviction be
27 punished by a fine not to exceed [twenty-five thousand] thirty-seven
28 thousand five hundred dollars per day of violation or by imprisonment
29 for a term of not more than one year, or both such fine and imprison-
30 ment. If the conviction is for an offense committed after a first
31 conviction of such person under this subdivision, punishment shall be by
32 a fine not to exceed [fifty] seventy-five thousand dollars per day of
33 violation, or by imprisonment for not more than two years or by both
34 such fine and imprisonment.
35 § 32. Subdivision 2 of section 71-2721 of the environmental conserva-
36 tion law, as amended by chapter 671 of the laws of 1986, is amended to
37 read as follows:
38 2. Fines. A sentence to pay a fine shall be a sentence to pay an
39 amount fixed by the court, not exceeding the higher of:
40 (a) [Two] Three hundred thousand dollars for a class C felony;
41 (b) [One hundred fifty thousand] Two hundred twenty-five thousand
42 dollars for a class D felony;
43 (c) One hundred fifty thousand dollars for a class E felony;
44 (d) [Twenty-five thousand] Thirty-seven thousand five hundred dollars
45 for a class A misdemeanor;
46 (e) [Ten] Fifteen thousand dollars for a class B misdemeanor; or
47 (f) Double the amount of the defendant's gain from the commission of
48 the crime.
49 § 33. Subdivision 1 of section 71-2722 of the environmental conserva-
50 tion law, as added by chapter 152 of the laws of 1990, is amended to
51 read as follows:
52 1. Any person who knowingly or intentionally violates any of the
53 provisions or fails to perform any duty imposed by section 27-1701 of
54 this chapter, except the duty to accept a lead-acid battery pursuant to
55 subdivision four of such section, shall be liable for a civil penalty
56 not to exceed [fifty] seventy-five dollars for each violation, provided
S. 1406--B 22 A. 2106--B
1 that such civil penalty shall be in addition to any other penalties
2 authorized under other state or local laws governing the illegal
3 disposal of lead-acid batteries.
4 § 34. Subdivision 2 of section 71-2722 of the environmental conserva-
5 tion law, as added by chapter 152 of the laws of 1990, is amended to
6 read as follows:
7 2. Any retailer or distributor who refuses to accept a lead-acid
8 battery as required pursuant to subdivision four of section 27-1701 of
9 this chapter shall be liable for a civil penalty not to exceed [five
10 hundred] seven hundred fifty dollars.
11 § 35. Subdivision 2 of section 71-1909 of the environmental conserva-
12 tion law, is amended to read as follows:
13 2. Any person violating any provision of section 17-1709 shall be
14 guilty of a misdemeanor, and punishable by a fine of not more than [five
15 hundred] seven hundred fifty dollars or by imprisonment for not more
16 than one year or by both such fine and imprisonment.
17 § 36. Section 71-1911 of the environmental conservation law, is
18 amended to read as follows:
19 § [17-1911] 71-1911. Enforcement of section 17-1711.
20 Any person violating any provision of section 17-1711 shall be guilty
21 of an offense, and punishable by a fine of not more than [fifty] seven-
22 ty-five dollars.
23 § 37. Subdivision 1 of section 71-1929 of the environmental conserva-
24 tion law, as amended by chapter 360 of the laws of 1988, is amended to
25 read as follows:
26 1. A person who violates any of the provisions of, or who fails to
27 perform any duty imposed by titles 1 through 11 inclusive and title 19
28 of article 17, or the rules, regulations, orders or determinations of
29 the commissioner promulgated thereto or the terms of any permit issued
30 thereunder, shall be liable to a penalty of not to exceed [twenty-five
31 thousand] thirty-seven thousand five hundred dollars per day for each
32 violation, and, in addition thereto, such person may be enjoined from
33 continuing such violation as hereinafter provided. Violation of a permit
34 condition shall constitute grounds for revocation of such permit, which
35 revocation may be accomplished either as provided in paragraph f of
36 subdivision 4 of section 17-0303 or by order of judgment of the supreme
37 court as an alternate or additional civil penalty in an action brought
38 pursuant to subdivision 3 of this section.
39 § 38. Subdivision 1 of section 71-1933 of the environmental conserva-
40 tion law, as amended by chapter 360 of the laws of 1988, is amended to
41 read as follows:
42 1. Any person who, having any of the culpable mental states defined in
43 section 15.05 of the penal law, shall violate any of the provisions of
44 titles 1 through 5, 9 through 11 and 19 of article 17 or the rules,
45 regulations, orders or determinations of the commissioner promulgated
46 thereto, or the terms of any permit issued thereunder, shall be guilty
47 of a misdemeanor and, upon conviction thereof, shall be punished by a
48 fine of not less than [two thousand five hundred] three thousand seven
49 hundred fifty dollars nor more than [twenty-five thousand] thirty-seven
50 thousand five hundred dollars per day of violation or by imprisonment
51 for a term of not more than one year, or by both such fine and imprison-
52 ment. If the conviction is for an offense committed after a first
53 conviction of such person under this subdivision, punishment shall be by
54 a fine of not more than [fifty] seventy-five thousand dollars per day of
55 violation, or by imprisonment for not more than two years, or by both.
S. 1406--B 23 A. 2106--B
1 § 39. Subparagraphs i, ii, iii, and iv of paragraph b of subdivision 8
2 of section 71-1933 of the environmental conservation law, as added by
3 chapter 360 of the laws of 1988, is amended to read as follows:
4 i. [$500,000] $750,000 for a class C felony committed by an organiza-
5 tion as defined in section 71-1932 of this title;
6 ii. [$250,000] $375,000 for a class C felony;
7 iii. [$50,000] $75,000 per day of continuing violation for a class E
8 felony defined under subdivision four of this section but in no event
9 less than [$5,000] $7,500; and [$10,000] $15,000 for a class E felony
10 defined under subdivision seven of this section;
11 iv. [$25,000] $37,500 per day of continuing violation for a class A
12 misdemeanor but in no event less than [$2,500] $3,750.
13 § 40. Subdivision 1 of section 71-1941 of the environmental conserva-
14 tion law, as amended by chapter 613 of the laws of 1983, is amended to
15 read as follows:
16 1. Except where the owner of or a person in actual or constructive
17 possession or control of more than one thousand one hundred gallons, in
18 bulk, of any liquid including petroleum which, if released, would or
19 would be likely to pollute the lands or waters of the state including
20 the groundwaters thereof can prove that the entry or presence of any
21 part of such liquid onto such lands or into or in such waters causing or
22 contributing to a condition therein in contravention of the standards
23 adopted or deemed adopted by the water pollution control board or any of
24 its legal successors was caused solely by (A) an act of God, (B) an act
25 of war, (C) negligence on the part of the United States or New York
26 State Government or (D) an act or omission of a third party without
27 regard to whether any such act or omission was or was not negligent, or
28 any combination of the foregoing clauses, such owner or person shall be
29 liable for a penalty of not more than [two thousand five hundred] three
30 thousand seven hundred fifty dollars for an initial incident resulting
31 in or contributing to such a contravention and for an additional penalty
32 not to exceed [five hundred] seven hundred fifty dollars for each day
33 during which such contravention or contribution thereto continues, and
34 in addition shall be liable to the people of the state of New York for
35 the actual costs incurred by or on behalf of the people of the state for
36 the removal or neutralization of such liquid and for any and all reason-
37 able measures taken or attempted to reduce, limit or diminish the extent
38 or effect of such contravention.
39 § 41. Section 71-1943 of the environmental conservation law, as added
40 by chapter 400 of the laws of 1973, is amended to read as follows:
41 § 71-1943. Enforcement of section 17-1743.
42 Any person who fails to so notify the department of such release,
43 discharge or spill into the waters of the state as described in section
44 17-1743 of this chapter shall, upon conviction, be fined not more than
45 [two thousand five hundred] three thousand seven hundred fifty dollars
46 or imprisoned for not more than one year, or both.
47 § 42. This act shall take effect immediately.
48 PART D
49 Section 1. Section 3 of part C of chapter 152 of the laws of 2001,
50 amending the military law relating to military funds of the organized
51 militia, is amended to read as follows:
52 § 3. This act shall take effect on the same date as the reversion of
53 subdivision 5 of section 183 and subdivision 1 of section 221 of the
54 military law as provided by section 76 of chapter 435 of the laws of
S. 1406--B 24 A. 2106--B
1 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
2 standing this act shall be deemed to have been in full force and effect
3 on and after July 29, [2001] 2003 and shall remain in full force and
4 effect until July 31, [2003] 2005 when upon such date this act shall
5 expire.
6 § 2. This act shall take effect April 1, 2003; provided however, if
7 this act shall become a law after such date it shall take effect imme-
8 diately and shall be deemed to have been in full force and effect on and
9 after April 1, 2003.
10 PART E
11 Section 1. Paragraph (d) of subdivision 1 of section 803 of the
12 correction law, as added by chapter 435 of the laws of 1997, is amended
13 to read as follows:
14 (d) Every person under the custody of the department or confined in a
15 facility in the department of mental hygiene serving an indeterminate
16 sentence of imprisonment with a minimum [term] period in excess of one
17 year and no determinate sentence of imprisonment, except a person serv-
18 ing an indeterminate sentence for an A-I felony offense, a violent felo-
19 ny offense as defined in section 70.02 of the penal law, manslaughter in
20 the second degree, vehicular manslaughter in the second degree, vehicu-
21 lar manslaughter in the first degree, criminally negligent homicide, an
22 offense defined in article one hundred thirty of the penal law, incest,
23 or an offense defined in article two hundred sixty-three of the penal
24 law, may receive merit time allowance against the minimum [term or]
25 period of his or her sentence in the amount of one-sixth of the minimum
26 [term or] period imposed by the court. Notwithstanding the foregoing, a
27 person serving an indeterminate sentence for an A-I felony offense
28 defined in article two hundred twenty of the penal law may receive merit
29 time allowance against the minimum period of his or her sentence in the
30 amount of one-third of the minimum period imposed by the court. Such
31 allowance may be granted when an inmate successfully participates in the
32 work and treatment program assigned pursuant to section eight hundred
33 five of this article and when such inmate obtains a general equivalency
34 diploma, an alcohol and substance abuse treatment certificate, a voca-
35 tional trade certificate following at least six months of vocational
36 programming or performs at least four hundred hours of service as part
37 of a community work crew.
38 Such allowance shall be withheld for any serious disciplinary infrac-
39 tion or upon a judicial determination that the person, while an inmate,
40 commenced or continued a civil action, proceeding or claim that was
41 found to be frivolous as defined in subdivision (c) of section eight
42 thousand three hundred three-a of the civil practice law and rules, or
43 an order of a federal court pursuant to rule 11 of the federal rules of
44 civil procedure imposing sanctions in an action commenced by a person,
45 while an inmate, against a state agency, officer or employee.
46 § 2. Subdivision 2-a of section 803 of the correction law, as added by
47 chapter 435 of the laws of 1997, is amended to read as follows:
48 2-a. If a person is serving more than one indeterminate sentence, the
49 authorized merit time allowance granted pursuant to paragraph (d) of
50 subdivision one of this section shall be calculated as follows:
51 (a) A person serving two or more indeterminate sentences with differ-
52 ent minimum [terms] periods which run concurrently shall have the mini-
53 mum [term] period of the indeterminate sentence with the longest unex-
54 pired minimum [term] period to run reduced in the amount of one-sixth of
S. 1406--B 25 A. 2106--B
1 such minimum [term] period; provided, however, that where the minimum
2 [term] period of any other concurrent indeterminate sentence is greater
3 than such reduced minimum [term] period, the minimum [term] period of
4 such other concurrent indeterminate sentence shall also be reduced but
5 only to the extent that the minimum [term] period of such other concur-
6 rent sentence, as so reduced, is equal to the reduced minimum [term]
7 period of such sentence with the longest unexpired minimum [term] period
8 to run.
9 (b) A person serving two or more indeterminate sentences with the same
10 minimum [terms] periods which run concurrently, and no concurrent inde-
11 terminate sentence with any greater minimum [term] period, shall have
12 the minimum [term] period of each such sentence reduced in the amount of
13 one-sixth of such minimum [term] period.
14 (c) A person serving two or more indeterminate sentences that run
15 consecutively shall have the aggregate minimum [term] period of such
16 sentences reduced in the amount of one-sixth of such aggregate minimum
17 [term] period.
18 § 3. Section 803 of the correction law is amended by adding a new
19 subdivision 2-b to read as follows:
20 2-b. Notwithstanding the foregoing, if a person is serving more than
21 one indeterminate sentence, at least one of which is imposed for a class
22 A-I felony offense defined in article two hundred twenty of the penal
23 law, the authorized merit time allowance granted pursuant to paragraph
24 (d) of subdivision one of this section shall be calculated as follows:
25 (a) In the event a person is serving two or more indeterminate
26 sentences with different minimum periods which run concurrently, the
27 merit time allowance shall be based upon the sentence with the longest
28 unexpired minimum period. If the sentence with the longest unexpired
29 minimum period was imposed for a class A-I felony, the merit time credit
30 shall be one-third of such sentence's minimum period; if such sentence
31 was imposed for an offense other than a class A-I felony, such merit
32 time credit shall be one-sixth of such sentence's minimum period.
33 Provided, however, that where the minimum period of any other concurrent
34 indeterminate sentence is greater than such reduced minimum period, the
35 minimum period of such other concurrent indeterminate sentence shall
36 also be reduced but only to the extent that the minimum period of such
37 other concurrent sentence, as so reduced, is equal to the reduced mini-
38 mum period of such sentence with the longest unexpired minimum period to
39 run.
40 (b) A person serving two or more indeterminate sentences with the same
41 minimum periods which run concurrently, and no concurrent indeterminate
42 sentence with any greater minimum period, shall have the minimum period
43 of each such sentence reduced in the amount of one-third of such minimum
44 period if all such sentences were imposed for a class A-I felony.
45 (c) A person serving two or more indeterminate sentences that run
46 consecutively shall have the aggregate minimum period of such sentences
47 reduced in the amount of one-third of such aggregate minimum period of
48 the sentences imposed for a class A-I felony, plus one-sixth of such
49 aggregate minimum period of the sentences imposed for an offense other
50 than a class A-I felony.
51 § 4. Section 805 of the correction law, as amended by chapter 3 of the
52 laws of 1995, is amended to read as follows:
53 § 805. Earned eligibility program. Persons committed to the custody of
54 the department under an indeterminate or determinate sentence of impri-
55 sonment shall be assigned a work and treatment program as soon as prac-
56 ticable. No earlier than two months prior to the inmate's eligibility to
S. 1406--B 26 A. 2106--B
1 be paroled pursuant to subdivision one of section 70.40 of the penal
2 law, the commissioner shall review the inmate's institutional record to
3 determine whether he has complied with the assigned program. If the
4 commissioner determines that the inmate has successfully participated in
5 the program he may issue the inmate a certificate of earned eligibility.
6 Notwithstanding any other provision of law, an inmate who is serving a
7 sentence with a minimum term of not more than [six] eight years and who
8 has been issued a certificate of earned eligibility, shall be granted
9 parole release at the expiration of his minimum term or as authorized by
10 subdivision four of section eight hundred sixty-seven of this chapter
11 unless the board of parole determines that there is a reasonable proba-
12 bility that, if such inmate is released, he will not live and remain at
13 liberty without violating the law and that his release is not compatible
14 with the welfare of society. Any action by the commissioner pursuant to
15 this section shall be deemed a judicial function and shall not be
16 reviewable if done in accordance with law.
17 § 5. The correction law is amended by adding a new section 806 to read
18 as follows:
19 § 806. Presumptive release program for nonviolent inmates. 1.
20 Notwithstanding any other provision of law to the contrary and except as
21 provided in subdivision two of this section, an inmate who has been
22 awarded a certificate of earned eligibility by the commissioner as set
23 forth in section eight hundred five of this article may be entitled to
24 presumptive release at the expiration of the minimum or aggregate mini-
25 mum period of his or her indeterminate term of imprisonment, provided
26 that:
27 (i) the inmate has not been convicted previously of, nor is presently
28 serving a sentence imposed for a class A-I felony, a violent felony
29 offense as defined in section 70.02 of the penal law, manslaughter in
30 the second degree, vehicular manslaughter in the second degree, vehicu-
31 lar manslaughter in the first degree, criminally negligent homicide, an
32 offense defined in article one hundred thirty of the penal law, incest,
33 or an offense defined in article two hundred sixty-three of the penal
34 law,
35 (ii) the inmate has not committed any serious disciplinary infraction,
36 and
37 (iii) there has been no judicial determination that the person while
38 an inmate commenced or continued a civil action, proceeding or claim
39 that was found to be frivolous as defined in subdivision (c) of section
40 eight thousand three hundred three-a of the civil practice law and
41 rules, or an order has not been issued by a federal court pursuant to
42 rule 11 of the federal rules of civil procedure imposing sanctions in an
43 action commenced by the inmate against a state agency, officer or
44 employee.
45 2. In the case of an inmate who meets the criteria set forth in subdi-
46 vision one of this section and who also meets the criteria for merit
47 time as provided for in paragraph (d) of subdivision one of section
48 eight hundred three of this article, such inmate may be entitled to
49 presumptive release, as provided in this section, at the expiration of
50 five-sixths of the minimum or aggregate minimum period of his or her
51 indeterminate term of imprisonment.
52 3. Any inmate eligible for presumptive release pursuant to this
53 section shall be required to apply for such release pursuant to section
54 two hundred fifty-nine-g of the executive law. Upon release from the
55 department of correctional services, such person shall be in the legal
56 custody of the division of parole as provided in subdivisions two,
S. 1406--B 27 A. 2106--B
1 three, four, five, six and seven of section two hundred fifty-nine-i of
2 the executive law.
3 4. The commissioner shall promulgate rules and regulations for the
4 granting, withholding, cancellation and recission of presumptive release
5 authorized by this section in accordance with law.
6 5. No person shall have the right to demand or require presumptive
7 release authorized by this section. The commissioner may revoke at any
8 time an inmate's scheduled presumptive release pursuant to this section
9 for any disciplinary infraction committed by the inmate or for any fail-
10 ure to continue to participate successfully in any assigned work and
11 treatment program after the certificate of earned eligibility has been
12 awarded. The commissioner may deny presumptive release to any inmate
13 whenever the commissioner determines that such release may not be
14 consistent with the safety of the community or the welfare of the
15 inmate. Any action by the commissioner pursuant to this section shall be
16 deemed a judicial function and shall not be reviewable if done in
17 accordance with law.
18 6. Any eligible inmate who is not released pursuant to subdivision one
19 or two of this section shall be considered for discretionary release on
20 parole pursuant to the provisions of section eight hundred five of this
21 article or section two hundred fifty-nine-i of the executive law, which-
22 ever is applicable.
23 7. Any reference to parole and conditional release in this chapter
24 shall also be deemed to include presumptive release.
25 § 6. Subdivisions 2, 4, 5, 6, 8 and paragraph (a) of subdivision 9 of
26 section 259-a of the executive law, as amended by chapter 1 of the laws
27 of 1998, are amended to read as follows:
28 2. The division shall cause complete records to be kept of every
29 person on presumptive release, parole, conditional release or post-re-
30 lease supervision. Such records shall contain the aliases and photograph
31 of each such person, and the other information referred to in subdivi-
32 sion one of this section, as well as all reports of parole officers in
33 relation to such persons. Such records shall be maintained by the divi-
34 sion and may be made available as deemed appropriate by the chairman for
35 use by the department of correctional services, the division, and the
36 board of parole. Such records shall be organized in accordance with
37 methods of filing and indexing designed to insure the immediate avail-
38 ability of complete information about such persons.
39 4. In accordance with the provisions of this chapter, the division
40 shall supervise inmates released on presumptive release, parole or
41 conditional release, or to post-release supervision, except that the
42 division may consent to the supervision of a released inmate by the
43 United States parole commission pursuant to the witness security act of
44 nineteen hundred eighty-four.
45 5. The division shall conduct such investigations as may be necessary
46 in connection with alleged violations of presumptive release, parole,
47 conditional release or post-release supervision.
48 6. The division shall assist inmates eligible for presumptive release,
49 parole or conditional release and inmates who are on presumptive
50 release, parole, conditional release or post-release supervision to
51 secure employment, educational or vocational training.
52 8. The division may establish a parole transition program which is
53 hereby defined as community-based residential facilities designed to aid
54 presumptive release, parole, conditional release or post-release super-
55 vision violators develop an increased capacity for adjustment to commu-
56 nity living. [Parolees,] Presumptive releasees, parolees, conditional
S. 1406--B 28 A. 2106--B
1 releasees and those under post-release supervision who have either (i)
2 been found pursuant to section two hundred fifty-nine-i of this article
3 to have violated one or more conditions of release in an important
4 respect, or (ii) who have allegedly violated one or more of such condi-
5 tions upon a finding of probable cause at a preliminary hearing or upon
6 the waiver thereof may be placed in a parole transition facility. Place-
7 ment in a parole transition facility upon a finding of probable cause or
8 the waiver thereof shall not preclude the conduct of a revocation hear-
9 ing, nor, absent a waiver, operate to deny the releasee's right to such
10 revocation hearing.
11 (a) The division shall collect a fee of thirty dollars per month, from
12 all persons over the age of eighteen who after the effective date of
13 this subdivision are supervised on presumptive release, parole, condi-
14 tional release or post-release supervision by the division. The divi-
15 sion shall waive all or part of such fee where, because of the indigence
16 of the offender, the payment of said fee would work an unreasonable
17 hardship on the person convicted, his or her immediate family, or any
18 other person who is dependent on such person for financial support.
19 § 7. Subdivisions 2, 6 and 15 of section 259-c of the executive law,
20 subdivisions 2 and 6 as amended by chapter 1 of the laws of 1998 and
21 subdivision 15 as added by chapter 62 of the laws of 2001, are amended
22 to read as follows:
23 2. have the power and duty of determining the conditions of release
24 of the person who may be presumptively released, conditionally released
25 or subject to a period of post-release supervision under an indetermi-
26 nate or determinate sentence of imprisonment;
27 6. have the power to revoke the presumptive release, parole, condi-
28 tional release or post-release supervision status of any person and to
29 authorize the issuance of a warrant for the re-taking of such persons;
30 15. have the duty to provide written notice to such inmates prior to
31 release on presumptive release, parole, parole supervision, conditional
32 release or post release supervision or pursuant to subdivision six of
33 section 410.91 of the criminal procedure law of any requirement to
34 report to the crime victims board any funds of a convicted person as
35 defined in section six hundred thirty-two-a of this chapter, the proce-
36 dure for such reporting and any potential penalty for a failure to
37 comply.
38 § 8. Section 259-e of the executive law, as amended by chapter 1 of
39 the laws of 1998, is amended to read as follows:
40 § 259-e. Institutional parole services. The division shall provide
41 institutional parole services. Subject to the authority of the chair-
42 man, these shall include preparation of reports and other data required
43 by the state board of parole in the exercise of its functions with
44 respect to release on presumptive release, parole, conditional release
45 or post-release supervision of inmates. Employees of the division who
46 collect data, interview inmates and prepare reports for the state board
47 of parole in institutions under the jurisdiction of the department of
48 correctional services shall not work under the direct or indirect super-
49 vision of the head of the institution.
50 § 9. Subdivisions 1 and 2 of section 259-f of the executive law,
51 subdivision 1 as amended by chapter 1 of the laws of 1998 and subdivi-
52 sion 2 as added by chapter 904 of the laws of 1977, are amended to read
53 as follows:
54 1. Employees in the division who perform the duties of supervising
55 inmates released on presumptive release, parole, conditional release or
56 post-release supervision, and employees who perform professional duties
S. 1406--B 29 A. 2106--B
1 in institutions and who are assigned to provide institutional parole
2 services pursuant to section two hundred fifty-nine-e of this article,
3 shall be parole officers.
4 2. No person shall be eligible for the position of parole officer who
5 is under twenty-one years of age or who does not possess a baccalaureate
6 degree conferred by a post-secondary institution accredited by an
7 accrediting agency recognized by the United States office of education,
8 or who is not fitted physically, mentally and morally. Parole officers
9 selection shall be based on definite qualifications as to character,
10 ability and training with an emphasis on capacity and ability to provide
11 a balanced approach to influencing human behavior and to use judgment in
12 the enforcement of the rules and regulations of presumptive release,
13 parole and conditional release. Parole officers shall be persons likely
14 to exercise a strong and helpful influence upon persons placed under
15 their supervision while retaining the goal of protecting society.
16 § 10. Section 259-g of the executive law, as added by chapter 904 of
17 the laws of 1977, is amended to read as follows:
18 § 259-g. Applications for presumptive release or conditional release.
19 1. All requests for presumptive release or conditional release shall be
20 made in writing on forms prescribed and furnished by the division of
21 parole. Within one month from the date any such application is received,
22 if it appears that the applicant is eligible for presumptive release or
23 conditional release or will be eligible for [conditional] such release
24 during such month, the conditions of release shall be fixed in accord-
25 ance with rules prescribed by the board. Such conditions shall be
26 substantially the same as conditions imposed upon parolees.
27 2. No person shall be presumptively released or conditionally released
28 unless [he] the applicant has agreed in writing to the conditions of
29 release. The agreement shall state in plain, easily understandable
30 language the consequences of a violation of one or more of the condi-
31 tions of release.
32 § 11. Paragraphs (a) and (b) of subdivision 2, subdivision 3 and
33 paragraph (a) of subdivision 4 of section 259-i of the executive law,
34 paragraph (a) of subdivision 2 as amended by chapter 3 of the laws of
35 1995, paragraph (b) of subdivision 2, the subdivision heading, subpara-
36 graphs (i), (ii) and (iii) of paragraph (a), paragraph (b), subpara-
37 graphs (i), (ii), (iii), (iv) and (vi) of paragraph (c), paragraph (d),
38 subparagraphs (iv), (vi), (ix), (x) and (xi) of paragraph (f), paragraph
39 (g), paragraph (i) of subdivision 3 and paragraph (a) of subdivision 4
40 as amended by chapter 1 of the laws of 1998, subdivision 3 as added by
41 chapter 904 of the laws of 1977 and subparagraph (iv) of paragraph (a)
42 of subdivision 3 as added by chapter 435 of the laws of 1984, are
43 amended to read as follows:
44 (a) [At] (i) Except as provided in subparagraph (ii) of this para-
45 graph, at least one month prior to the date on which an inmate may be
46 paroled pursuant to subdivision one of section 70.40 of the penal law, a
47 member or members as determined by the rules of the board shall
48 personally interview such inmate and determine whether he should be
49 paroled in accordance with the guidelines adopted pursuant to subdivi-
50 sion four of section two hundred fifty-nine-c of this article. If parole
51 is not granted upon such review, the inmate shall be informed in writing
52 within two weeks of such appearance of the factors and reasons for such
53 denial of parole. Such reasons shall be given in detail and not in
54 conclusory terms. The board shall specify a date not more than twenty-
55 four months from such determination for reconsideration, and the proce-
56 dures to be followed upon reconsideration shall be the same. If the
S. 1406--B 30 A. 2106--B
1 inmate is released, he shall be given a copy of the conditions of
2 parole. Such conditions shall where appropriate, include a requirement
3 that the parolee comply with any restitution order and mandatory
4 surcharge previously imposed by a court of competent jurisdiction that
5 applies to the parolee. The board of parole shall indicate which resti-
6 tution collection agency established under subdivision eight of section
7 420.10 of the criminal procedure law, shall be responsible for
8 collection of restitution and mandatory surcharge as provided for in
9 section 60.35 of the penal law and section eighteen hundred nine of the
10 vehicle and traffic law.
11 (ii) Any inmate who is scheduled for presumptive release pursuant to
12 section eight hundred six of the correction law shall not appear before
13 the parole board as provided in subparagraph (i) of this paragraph
14 unless such inmate's scheduled presumptive release is forfeited,
15 canceled, or rescinded subsequently as provided in such law. In such
16 event, the inmate shall appear before the parole board for release
17 consideration as provided in subparagraph (i) of this paragraph as soon
18 thereafter as is practicable.
19 (b) Persons presumptively released, paroled, conditionally released
20 or released to post-release supervision from an institution under the
21 jurisdiction of the department of correctional services or the depart-
22 ment of mental hygiene shall, while on presumptive release, parole,
23 conditional release or post-release supervision, be in the legal custody
24 of the division of parole until expiration of the maximum term or period
25 of sentence, or expiration of the period of supervision, including any
26 period of post-release supervision, or return to the custody of the
27 department of correctional services, as the case may be.
28 3. Revocation of presumptive release, parole, conditional release and
29 post-release supervision. (a) (i) If the parole officer having charge of
30 a presumptively released, paroled or conditionally released person or a
31 person released to post-release supervision or a person received under
32 the uniform act for out-of-state parolee supervision shall have reason-
33 able cause to believe that such person has lapsed into criminal ways or
34 company, or has violated one or more conditions of his presumptive
35 release, parole, conditional release or post-release supervision, such
36 parole officer shall report such fact to a member of the board of
37 parole, or to any officer of the division designated by the board, and
38 thereupon a warrant may be issued for the retaking of such person and
39 for his temporary detention in accordance with the rules of the board.
40 The retaking and detention of any such person may be further regulated
41 by rules and regulations of the division not inconsistent with this
42 article. A warrant issued pursuant to this section shall constitute
43 sufficient authority to the superintendent or other person in charge of
44 any jail, penitentiary, lockup or detention pen to whom it is delivered
45 to hold in temporary detention the person named therein; except that a
46 warrant issued with respect to a person who has been released on medical
47 parole pursuant to section two hundred fifty-nine-r of this article and
48 whose parole is being revoked pursuant to paragraph (h) of subdivision
49 four of such section shall constitute authority for the immediate place-
50 ment of the parolee only into the custody of the department of correc-
51 tional services to hold in temporary detention. A warrant issued pursu-
52 ant to this section shall also constitute sufficient authority to the
53 person in charge of a drug treatment campus, as defined in subdivision
54 twenty of section two of the correction law, to hold the person named
55 therein, in accordance with the procedural requirements of this section,
56 for a period of at least ninety days to complete an intensive drug
S. 1406--B 31 A. 2106--B
1 treatment program mandated by the board of parole as an alternative to
2 presumptive release or parole or conditional release revocation, or the
3 revocation of post-release supervision, and shall also constitute suffi-
4 cient authority for return of the person named therein to local custody
5 to hold in temporary detention for further revocation proceedings in the
6 event said person does not successfully complete the intensive drug
7 treatment program. The board's rules shall provide for cancellation of
8 delinquency and restoration to supervision upon the successful
9 completion of the program.
10 (ii) Whenever a presumptively released, paroled or conditionally
11 released person or a person under post-release supervision or a prisoner
12 received under the uniform act for out-of-state parolee supervision has,
13 pursuant to this paragraph, been placed in any county jail or penitenti-
14 ary, or a city prison operated by a city having a population of one
15 million or more inhabitants, the state shall pay to the city or county
16 operating such facility the actual per day per capita cost as certified
17 to the state commissioner of correctional services by the appropriate
18 local official for the care of such person and as approved by the direc-
19 tor of the budget. The reimbursement rate shall not, however, exceed
20 thirty dollars per day per capita and forty dollars per day per capita
21 on and after the first day of April, nineteen hundred eighty-eight.
22 (iii) A warrant issued for a presumptive release, a parole, a condi-
23 tional release or a post-release supervision violator may be executed by
24 any parole officer or any officer authorized to serve criminal process
25 or any peace officer, who is acting pursuant to his special duties, or
26 police officer. Any such officer to whom such warrant shall be deliv-
27 ered is authorized and required to execute such warrant by taking such
28 person and having him detained as provided in this paragraph.
29 (iv) Where the alleged violator is detained in another state pursuant
30 to such warrant and is not under parole supervision pursuant to the
31 uniform act for out-of-state parolee supervision or where an alleged
32 violator under parole supervision pursuant to the uniform act for out-
33 of-state parolee supervision is detained in a state other than the
34 receiving state, the warrant will not be deemed to be executed until the
35 alleged violator is detained exclusively on the basis of such warrant
36 and the division of parole has received notification that the alleged
37 violator (A) has formally waived extradition to this state or (B) has
38 been ordered extradited to this state pursuant to a judicial determi-
39 nation. The alleged violator will not be considered to be within the
40 convenience and practical control of the division of parole until the
41 warrant is deemed to be executed.
42 (b) A person who shall have been taken into custody pursuant to this
43 subdivision for violation of one or more conditions of presumptive
44 release, parole, conditional release or post-release supervision shall,
45 insofar as practicable, be incarcerated in the county or city in which
46 the arrest occurred.
47 (c) (i) Within fifteen days after the warrant for retaking and tempo-
48 rary detention has been executed, unless the releasee has been convicted
49 of a new crime committed while under presumptive release, parole, condi-
50 tional release or post-release supervision, the board of parole shall
51 afford the alleged presumptive release, parole, conditional release or
52 post-release supervision violator a preliminary revocation hearing
53 before a hearing officer designated by the board of parole. Such hear-
54 ing officer shall not have had any prior supervisory involvement over
55 the alleged violator.
S. 1406--B 32 A. 2106--B
1 (ii) The preliminary presumptive release, parole, conditional release
2 or post-release supervision revocation hearing shall be conducted at an
3 appropriate correctional facility, or such other place reasonably close
4 to the area in which the alleged violation occurred as the board may
5 designate.
6 (iii) The alleged violator shall, within three days of the execution
7 of the warrant, be given written notice of the time, place and purpose
8 of the hearing unless he is detained pursuant to the provisions of
9 subparagraph (iv) of paragraph (a) of this subdivision. In those
10 instances, the alleged violator will be given written notice of the
11 time, place and purpose of the hearing within five days of the execution
12 of the warrant. The notice shall state what conditions of presumptive
13 release, parole, conditional release or post-release supervision are
14 alleged to have been violated, and in what manner; that such person
15 shall have the right to appear and speak in his own behalf; that he
16 shall have the right to introduce letters and documents; that he may
17 present witnesses who can give relevant information to the hearing offi-
18 cer; that he has the right to confront the witnesses against him.
19 Adverse witnesses may be compelled to attend the preliminary hearing
20 unless the prisoner has been convicted of a new crime while on super-
21 vision or unless the hearing officer finds good cause for their non-at-
22 tendance.
23 (iv) The preliminary hearing shall be scheduled to take place no
24 later than fifteen days from the date of execution of the warrant. The
25 standard of proof at the preliminary hearing shall be probable cause to
26 believe that the presumptive releasee, parolee, conditional releasee or
27 person under post-release supervision has violated one or more condi-
28 tions of his presumptive release, parole, conditional release or post-
29 release supervision in an important respect. Proof of conviction of a
30 crime committed while under supervision shall constitute probable cause
31 for the purposes of this section.
32 (v) At the preliminary hearing, the hearing officer shall review the
33 violation charges with the alleged violator, direct the presentation of
34 evidence concerning the alleged violation, receive the statements of
35 witnesses and documentary evidence on behalf of the prisoner, and allow
36 cross examination of those witnesses in attendance.
37 (vi) At the conclusion of the preliminary hearing, the hearing offi-
38 cer shall inform the alleged violator of his decision as to whether
39 there is probable cause to believe that the presumptive releasee, paro-
40 lee, conditional releasee or person on post-release supervision has
41 violated one or more conditions of his release in an important respect.
42 Based solely on the evidence adduced at the hearing, the hearing officer
43 shall determine whether there is probable cause to believe that such
44 person has violated his presumptive release, parole, conditional release
45 or post-release supervision in an important respect. The hearing officer
46 shall in writing state the reasons for his determination and the
47 evidence relied on. A copy of the written findings shall be sent to
48 both the alleged violator and his counsel.
49 (vii) If the hearing officer is satisfied that there is no probable
50 cause to believe that such person has violated one or more conditions of
51 release in an important respect, he shall dismiss the notice of
52 violation and direct such person be restored to supervision.
53 (viii) If the hearing officer is satisfied that there is probable
54 cause to believe that such person has violated one or more conditions of
55 release in an important respect, he shall so find.
S. 1406--B 33 A. 2106--B
1 (d) If a finding of probable cause is made pursuant to this subdivi-
2 sion either by a determination at a preliminary hearing or by the waiver
3 thereof, or if the releasee has been convicted of a new crime while
4 under presumptive release, parole, conditional release or post-release
5 supervision, the board's rules shall provide for (i) declaring such
6 person to be delinquent as soon as practicable and shall require reason-
7 able and appropriate action to make a final determination with respect
8 to the alleged violation or (ii) ordering such person to be restored to
9 presumptive release, parole, conditional release or post-release super-
10 vision under such circumstances as it may deem appropriate or (iii) when
11 a presumptive releasee, parolee, conditional releasee or person on post-
12 release supervision has been convicted of a new felony committed while
13 under such supervision and a new indeterminate or determinate sentence
14 has been imposed, the board's rules shall provide for a final declara-
15 tion of delinquency. The inmate shall then be notified in writing that
16 his release has been revoked on the basis of the new conviction and a
17 copy of the commitment shall accompany said notification. The inmate's
18 next appearance before the board shall be governed by the legal require-
19 ments of said new indeterminate or determinate sentence, or shall occur
20 as soon after a final reversal of the conviction as is practicable.
21 (e) (i) If the alleged violator requests a local revocation hearing,
22 he shall be given a revocation hearing reasonably near the place of the
23 alleged violation or arrest if he has not been convicted of a crime
24 committed while under supervision. However, the board may, on its own
25 motion, designate a case for a local revocation hearing.
26 (ii) If there are two or more alleged violations, the hearing may be
27 conducted near the place of the violation chiefly relied upon as a basis
28 for the issuance of the warrant as determined by the board.
29 (iii) If a local revocation hearing is not ordered pursuant to subpar-
30 agraph one the alleged violator shall be given a revocation hearing upon
31 his return to a state correctional facility.
32 (f) (i) Revocation hearings shall be scheduled to be held within nine-
33 ty days of the probable cause determination. However, if an alleged
34 violator requests and receives any postponement of his revocation hear-
35 ing, or consents to a postponed revocation proceeding initiated by the
36 board, or if an alleged violator, by his actions otherwise precludes the
37 prompt conduct of such proceedings, the time limit may be extended.
38 (ii) The revocation hearing shall be conducted by a presiding officer
39 who may be a member or a hearing officer designated by the board in
40 accordance with rules of the board.
41 (iii) Both the alleged violator and an attorney who has filed a notice
42 of appearance on his behalf in accordance with the rules of the board of
43 parole shall be given written notice of the date, place and time of the
44 hearing as soon as possible but at least fourteen days prior to the
45 scheduled date.
46 (iv) The alleged violator shall be given written notice of the rights
47 enumerated in subparagraph (iii) of paragraph (c) of this subdivision as
48 well as of his right to present mitigating evidence relevant to restora-
49 tion to presumptive release, parole, conditional release or post-release
50 supervision and his right to counsel.
51 (v) The alleged violator shall be permitted representation by counsel
52 at the revocation hearing. In any case where such person is financially
53 unable to retain counsel, the criminal court of the city of New York,
54 the county court or district court in the county where the violation is
55 alleged to have occurred or where the hearing is held, shall assign
56 counsel in accordance with the county or city plan for representation
S. 1406--B 34 A. 2106--B
1 placed in operation pursuant to article eighteen-B of the county law. He
2 shall have the right to confront and cross-examine adverse witnesses,
3 unless there is good cause for their non-attendance as determined by the
4 presiding officer; present witnesses and documentary evidence in defense
5 of the charges; and present witnesses and documentary evidence relevant
6 to the question whether reincarceration of the alleged violator is
7 appropriate.
8 (vi) At the revocation hearing, the charges shall be read and the
9 alleged violator shall be permitted to plead not guilty, guilty, guilty
10 with explanation or to stand mute. As to each charge, evidence shall be
11 introduced through witnesses and documents, if any, in support of that
12 charge. At the conclusion of each witness's direct testimony, he shall
13 be made available for cross-examination. If the alleged violator intends
14 to present a defense to the charges or to present evidence of mitigating
15 circumstances, the alleged violator shall do so after presentation of
16 all the evidence in support of a violation of presumptive release,
17 parole, conditional release or post-release supervision.
18 (vii) All persons giving evidence at the revocation hearing shall be
19 sworn before giving any testimony as provided by law.
20 (viii) At the conclusion of the hearing the presiding officer may
21 sustain any or all of the violation charges or may dismiss any or all
22 violation charges. He may sustain a violation charge only if the charge
23 is supported by a preponderance of the evidence adduced.
24 (ix) If the presiding officer is not satisfied that there is a prepon-
25 derance of evidence in support of the violation, he shall dismiss the
26 violation, cancel the delinquency and restore the person to presumptive
27 release, parole, conditional release or post-release [to] supervision.
28 (x) If the presiding officer is satisfied that there is a preponder-
29 ance of evidence that the alleged violator violated one or more condi-
30 tions of release in an important respect, he or she shall so find. For
31 each violation so found, the presiding officer may (A) direct that the
32 presumptive releasee, parolee, conditional releasee or person serving a
33 period of post-release supervision be restored to supervision; (B) as an
34 alternative to reincarceration, direct the presumptive releasee, paro-
35 lee, conditional releasee or person serving a period of post-release
36 supervision be placed in a parole transition facility for a period not
37 to exceed one hundred eighty days and subsequent restoration to super-
38 vision; (C) in the case of presumptive releasee, parolees or conditional
39 releasees, direct the violator's reincarceration and fix a date for
40 consideration by the board for re-release on presumptive release, or
41 parole or conditional release, as the case may be; or (D) in the case of
42 persons released to a period of post-release supervision, direct the
43 violator's reincarceration for a period of at least six months and up to
44 the balance of the remaining period of post-release supervision, not to
45 exceed five years. Where a date has been fixed for the violator's re-re-
46 lease on presumptive release, parole or conditional release, as the case
47 may be, the board or board member may waive the personal interview
48 between a member or members of the board and the violator to determine
49 the suitability for re-release; provided, however, that the board shall
50 retain the authority to suspend the date fixed for re-release and to
51 require a personal interview based on the violator's institutional
52 record or on such other basis as is authorized by the rules and regu-
53 lations of the board. If an interview is required, the board shall
54 notify the violator of the time of such interview in accordance with the
55 rules and regulations of the board. If the violator is placed in a
56 parole transition facility or restored to supervision, the presiding
S. 1406--B 35 A. 2106--B
1 officer may impose such other conditions of presumptive release, parole,
2 conditional release, or post-release supervision as he may deem appro-
3 priate, as authorized by rules of the board.
4 (xi) If the presiding officer sustains any violations, he must prepare
5 a written statement, to be made available to the alleged violator and
6 his counsel, indicating the evidence relied upon and the reasons for
7 revoking presumptive release, parole, conditional release or post-re-
8 lease supervision, and for the disposition made.
9 (g) Revocation of presumptive release, parole, conditional release or
10 post-release supervision shall not prevent re-parole or re-release
11 provided such re-parole or re-release is not inconsistent with any other
12 provisions of law.
13 (h) If the alleged violation is not sustained and the alleged violator
14 is restored to supervision, the interruptions specified in subdivision
15 three of section 70.40 of the penal law shall not apply, but the time
16 spent in custody in any state or local correctional institution shall be
17 credited against the term of the sentence in accordance with the rules
18 specified in paragraph (c) of [that] such subdivision.
19 (i) Where there is reasonable cause to believe that a presumptive
20 releasee, parolee, conditional releasee or person under post-release
21 supervision has absconded from supervision the board may declare such
22 person to be delinquent. This paragraph shall not be construed to deny
23 such person a preliminary revocation hearing upon his retaking, nor to
24 relieve the division of parole of any obligation it may have to exercise
25 due diligence to retake the alleged absconder, nor to relieve the paro-
26 lee or releasee of any obligation he may have to comply with the condi-
27 tions of his release.
28 (a) Except for determinations made upon preliminary hearings upon
29 allegations of violation of presumptive release, parole, conditional
30 release or post-release supervision, all determinations made pursuant to
31 this section may be appealed in accordance with rules promulgated by the
32 board. Any board member who participated in the decision from which the
33 appeal is taken may not participate in the resolution of that appeal.
34 The rules of the board may specify a time within which any appeal shall
35 be taken and resolved.
36 § 12. The section heading of section 70.40 of the penal law is amended
37 to read as follows:
38 Release on parole; conditional release; presumptive release.
39 § 13. Subdivision 1 of section 70.40 of the penal law is amended by
40 adding a new paragraph (c) to read as follows:
41 (c) A person who is serving one or more than one indeterminate
42 sentence of imprisonment shall, if he or she so requests, be released
43 from the institution in which he or she is confined if granted presump-
44 tive release pursuant to section eight hundred six of the correction
45 law. The conditions of release shall be such as may be imposed by the
46 state board of parole in accordance with the provisions of the executive
47 law. Every person so released shall be under the supervision of the
48 state board of parole for a period equal to the unserved portion of his
49 or her maximum or aggregate maximum term unless discharged in accordance
50 with law.
51 § 14. Paragraph (a) of subdivision 3 of section 70.40 of the penal
52 law, as amended by chapter 1 of the laws of 1998, is amended to read as
53 follows:
54 (a) When a person is alleged to have violated the terms of presumptive
55 release or parole and the state board of parole has declared such person
56 to be delinquent, the declaration of delinquency shall interrupt the
S. 1406--B 36 A. 2106--B
1 person's sentence as of the date of the delinquency and such inter-
2 ruption shall continue until the return of the person to an institution
3 under the jurisdiction of the state department of correctional services.
4 § 15. This act shall take effect April 1, 2003; provided, however,
5 that
6 (a) the amendments to paragraph (d) of subdivision 1 and subdivision
7 2-a of section 803 of the correction law made by sections one and two of
8 this act shall not affect the repeal of such paragraph (d) and such
9 subdivision 2-a and shall be deemed to be repealed therewith;
10 (b) subdivision 2-b of section 803 of the correction law as added by
11 section three of this act shall expire and be deemed repealed on the
12 same date as subdivision 6 of section 76 of chapter 435 of the laws of
13 1997, as amended and shall not affect the expiration and reversion of
14 such section;
15 (c) the amendments to section 805 of the correction law made by
16 section four of this act shall not affect the expiration of such section
17 and shall be deemed to expire therewith;
18 (d) section 806 of the correction law as added by section five of this
19 act shall expire and be deemed repealed on the same date as subdivision
20 6 of section 76 of chapter 435 of the laws of 1997, as amended;
21 (e) the amendments to subdivision 4 and paragraph (a) of subdivision 9
22 of section 259-a of the executive law made by section six of this act
23 shall not affect the repeal or expiration of such subdivisions and shall
24 be deemed to be repealed or to expire therewith;
25 (f) the amendments made to subdivision 2 of section 259-c of the exec-
26 utive law made by section seven of this act shall not affect the expira-
27 tion of such subdivision and shall be deemed to expire therewith;
28 (g) the amendments to paragraph (a) of subdivision 2 and subparagraph
29 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i
30 of the executive law made by section eleven of this act shall not affect
31 the expiration of such paragraph (a) of subdivision 2, such subparagraph
32 (i) of paragraph (a) and such paragraph (d) of subdivision 3 and shall
33 be deemed to expire therewith; and
34 (h) paragraph (c) of subdivision 1 of section 70.40 of the penal law
35 as added by section thirteen of this act shall expire and be deemed
36 repealed on the same date as subdivision 6 of section 76 of chapter 435
37 of the laws of 1997, as amended.
38 PART F
39 Section 1. The section heading and subdivisions 1, 2, 3, 4, 5 and 8 of
40 section 60.35 of the penal law, the section heading and subdivisions 2,
41 3 and 4 as amended by chapter 62 of the laws of 1989, subdivision 1 as
42 amended by section 1 of part L of chapter 57 of the laws of 2000, subdi-
43 vision 5 as amended and subdivision 8 as added by chapter 3 of the laws
44 of 1995 and paragraph (a) of subdivision 5 as amended by chapter 385 of
45 the laws of 1999, are amended to read as follows:
46 Mandatory surcharge, sex offender registration fee, DNA databank fee
47 and crime victim assistance fee required in certain cases.
48 1. Except as provided in section eighteen hundred nine of the vehicle
49 and traffic law and section 27.12 of the parks, recreation and historic
50 preservation law, whenever proceedings in an administrative tribunal or
51 a court of this state result in a conviction for a felony, a misdemea-
52 nor, or a violation, as these terms are defined in section 10.00 of this
53 chapter, there shall be levied at sentencing a mandatory surcharge, sex
54 offender registration fee, DNA databank fee and a crime victim assist-
S. 1406--B 37 A. 2106--B
1 ance fee in addition to any sentence required or permitted by law, in
2 accordance with the following schedule:
3 (a) a person convicted of a felony shall pay a mandatory surcharge of
4 two hundred dollars and a crime victim assistance fee of ten dollars;
5 (b) a person convicted of a misdemeanor shall pay a mandatory
6 surcharge of one hundred ten dollars and a crime victim assistance fee
7 of ten dollars;
8 (c) a person convicted of a violation shall pay a mandatory surcharge
9 of fifty dollars and a crime victim assistance fee of ten dollars;
10 (d) a person convicted of a sex offense as defined by subdivision two
11 of section one hundred sixty-eight-a of the correction law or a sexually
12 violent offense as defined by subdivision three of section one hundred
13 sixty-eight-a of the correction law shall, in addition to a mandatory
14 surcharge and crime victim assistance fee, pay a sex offender registra-
15 tion fee of fifty dollars.
16 (e) a person convicted of a designated offense as defined by subdivi-
17 sion seven of section nine hundred ninety-five of the executive law
18 shall, in addition to a mandatory surcharge and crime victim assistance
19 fee, pay a DNA databank fee of fifty dollars.
20 2. Where a person is convicted of two or more crimes or violations
21 committed through a single act or omission, or through an act or omis-
22 sion which in itself constituted one of the crimes or violations and
23 also was a material element of the other, the court shall impose a
24 mandatory surcharge and a crime victim assistance fee in accordance with
25 the provisions of this section for the crime or violation which carries
26 the highest classification, and no other sentence to pay a mandatory
27 surcharge or a crime victim assistance fee required by this section
28 shall be imposed. Where a person is convicted of two or more sex
29 offenses or sexually violent offenses, as defined by subdivisions two
30 and three of section one hundred sixty-eight-a of the correction law,
31 committed through a single act or omission, or through an act or omis-
32 sion which in itself constituted one of the offenses and also was a
33 material element of the other, the court shall impose only one sex
34 offender registration fee. Where a person is convicted of two or more
35 designated offenses, as defined by subdivision seven of section nine
36 hundred ninety-five of the executive law, committed through a single act
37 or omission, or through an act or omission which in itself constituted
38 one of the offenses and also was a material element of the other, the
39 court shall impose only one DNA databank fee.
40 3. The mandatory surcharge, sex offender registration fee, DNA data-
41 bank fee and crime victim assistance fee provided for in subdivision one
42 of this section shall be paid to the clerk of the court or administra-
43 tive tribunal that rendered the conviction. Within the first ten days of
44 the month following collection of the mandatory surcharge and crime
45 victim assistance fee, the collecting authority shall determine the
46 amount of mandatory surcharge and crime victim assistance fee collected
47 and, if it is an administrative tribunal, or a town or village justice
48 court, it shall then pay such money to the state comptroller who shall
49 deposit such money in the state treasury pursuant to section one hundred
50 twenty-one of the state finance law to the credit of the criminal
51 justice improvement account established by section ninety-seven-bb of
52 the state finance law. Within the first ten days of the month following
53 collection of the sex offender registration fee and DNA databank fee,
54 the collecting authority shall determine the amount of the sex offender
55 registration fee and DNA databank fee collected and, if it is an admin-
56 istrative tribunal, or a town or village justice court, it shall then
S. 1406--B 38 A. 2106--B
1 pay such money to the state comptroller who shall deposit such money in
2 the state treasury pursuant to section one hundred twenty-one of the
3 state finance law to the credit of the general fund. If such collecting
4 authority is any other court of the unified court system, it shall,
5 within such period, pay such money attributable to the mandatory
6 surcharge or crime victim assistance fee to the state commissioner of
7 taxation and finance to the credit of the criminal justice improvement
8 account established by section ninety-seven-bb of the state finance law.
9 If such collecting authority is any other court of the unified court
10 system, it shall, within such period, pay such money attributable to the
11 sex offender registration fee and the DNA databank fee to the state
12 commissioner of taxation and finance to the credit of the general fund.
13 4. Any person who has paid a mandatory surcharge, sex offender regis-
14 tration fee, DNA databank fee or a crime victim assistance fee under the
15 authority of this section based upon a conviction that is subsequently
16 reversed or who paid a mandatory surcharge, sex offender registration
17 fee, DNA databank fee or a crime victim assistance fee under the
18 authority of this section which is ultimately determined not to be
19 required by this section shall be entitled to a refund of such mandatory
20 surcharge, sex offender registration fee, DNA databank fee or crime
21 victim assistance fee upon application to the state comptroller. The
22 state comptroller shall require such proof as is necessary in order to
23 determine whether a refund is required by law.
24 5. (a) When a person who is convicted of a crime or violation and
25 sentenced to a term of imprisonment has failed to pay the mandatory
26 surcharge, sex offender registration fee, DNA databank fee or crime
27 victim assistance fee required by this section, the clerk of the court
28 that rendered the conviction shall notify the superintendent or the
29 municipal official of the facility where the person is confined. The
30 superintendent or the municipal official shall cause any amount owing to
31 be collected from such person during his term of imprisonment from
32 moneys to the credit of an inmates' fund or such moneys as may be earned
33 by a person in a work release program pursuant to section eight hundred
34 sixty of the correction law. Such moneys attributable to the mandatory
35 surcharge or crime victim assistance fee shall be paid over to the state
36 comptroller to the credit of the criminal justice improvement account
37 established by section ninety-seven-bb of the state finance law and such
38 moneys attributable to the sex offender registration fee or DNA databank
39 fee shall be paid over to the state comptroller to the credit of the
40 general fund, except that any such moneys collected which are
41 surcharges, sex offender registration fees, DNA databank fees or crime
42 victim assistance fees levied in relation to convictions obtained in a
43 town or village justice court shall be paid within thirty days after the
44 receipt thereof by the superintendent or municipal official of the
45 facility to the justice of the court in which the conviction was
46 obtained. For the purposes of collecting such mandatory surcharge, sex
47 offender registration fee, DNA databank fee and crime victim assistance
48 fee, the state shall be legally entitled to the money to the credit of
49 an inmates' fund or money which is earned by an inmate in a work release
50 program. For purposes of this subdivision, the term "inmates' fund"
51 shall mean moneys in the possession of an inmate at the time of his
52 admission into such facility, funds earned by him as provided for in
53 section one hundred eighty-seven of the correction law and any other
54 funds received by him or on his behalf and deposited with such super-
55 intendent or municipal official.
S. 1406--B 39 A. 2106--B
1 (b) The incarceration fee provided for in subdivision two of section
2 one hundred eighty-nine of the correction law shall not be assessed or
3 collected if any order of restitution or reparation, fine, mandatory
4 surcharge, sex offender registration fee, DNA databank fee or crime
5 victim assistance fee remains unpaid. In such circumstances, any monies
6 which may lawfully be withheld from the compensation paid to a prisoner
7 for work performed while housed in a general confinement facility in
8 satisfaction of such an obligation shall first be applied toward satis-
9 faction of such obligation.
10 8. Subdivision one of section 130.10 of the criminal procedure law
11 notwithstanding, at the time that the mandatory surcharge, sex offender
12 registration fee or DNA databank fee is imposed a town or village court
13 may, and all other courts shall, issue and cause to be served upon the
14 person required to pay the mandatory surcharge, sex offender registra-
15 tion fee or DNA databank fee, a summons directing that such person
16 appear before the court regarding the payment of the mandatory
17 surcharge, sex offender registration fee or DNA databank fee if after
18 sixty days from the date it was imposed it remains unpaid. The desig-
19 nated date of appearance on the summons shall be set for the first day
20 court is in session falling after the sixtieth day from the imposition
21 of the mandatory surcharge, sex offender registration fee or DNA data-
22 bank fee. The summons shall contain the information required by subdivi-
23 sion two of section 130.10 of the criminal procedure law except that in
24 substitution for the requirement of paragraph (c) of such subdivision
25 the summons shall state that the person served must appear at a date,
26 time and specific location specified in the summons if after sixty days
27 from the date of issuance the mandatory surcharge, sex offender regis-
28 tration fee or DNA databank fee remains unpaid. The court shall not
29 issue a summons under this subdivision to a person who is being
30 sentenced to a term of confinement in excess of sixty days in jail or in
31 the department of correctional services. The mandatory surcharges, sex
32 offender registration fee and DNA databank fees for those persons shall
33 be governed by the provisions of section 60.30 of the penal law.
34 § 2. Subdivision 5 of section 60.35 of the penal law, as amended by
35 chapter 385 of the laws of 1999, is amended to read as follows:
36 5. When a person who is convicted of a crime or violation and
37 sentenced to a term of imprisonment has failed to pay the mandatory
38 surcharge, sex offender registration fee, DNA databank fee or crime
39 victim assistance fee required by this section, the clerk of the court
40 that rendered the conviction shall notify the superintendent or the
41 municipal official of the facility where the person is confined. The
42 superintendent or the municipal official shall cause any amount owing to
43 be collected from such person during his term of imprisonment from
44 moneys to the credit of an inmates' fund or such moneys as may be earned
45 by a person in a work release program pursuant to section eight hundred
46 sixty of the correction law. Such moneys attributable to the mandatory
47 surcharge or crime victim assistance fee shall be paid over to the state
48 comptroller to the credit of the criminal justice improvement account
49 established by section ninety-seven-bb of the state finance law and such
50 moneys attributable to the sex offender registration fee or DNA databank
51 fee shall be paid over to the state comptroller to the credit of the
52 general fund, except that any such moneys collected which are
53 surcharges, sex offender registration fees, DNA databank fees or crime
54 victim assistance fees levied in relation to convictions obtained in a
55 town or village justice court shall be paid within thirty days after the
56 receipt thereof by the superintendent or municipal official of the
S. 1406--B 40 A. 2106--B
1 facility to the justice of the court in which the conviction was
2 obtained. For the purposes of collecting such mandatory surcharge, sex
3 offender registration fee, DNA databank fee and crime victim assistance
4 fee, the state shall be legally entitled to the money to the credit of
5 an inmates' fund or money which is earned by an inmate in a work release
6 program. For purposes of this subdivision, the term "inmates' fund"
7 shall mean moneys in the possession of an inmate at the time of his
8 admission into such facility, funds earned by him as provided for in
9 section one hundred eighty-seven of the correction law and any other
10 funds received by him or on his behalf and deposited with such super-
11 intendent or municipal official.
12 § 3. Subdivision 4 of section 154 of the correction law, as amended by
13 chapter 661 of the laws of 1988, is amended to read as follows:
14 4. Payment of court fines, mandatory surcharge, sex offender registra-
15 tion fee, DNA databank fee, restitution or reparation, or forfeitures.
16 § 4. Section 168-b of the correction law is amended by adding a new
17 subdivision 8 to read as follows:
18 8. The division shall charge a fee of ten dollars each time a sex
19 offender registers any change of address or any change of his or her
20 status of enrollment, attendance, employment or residence at any insti-
21 tution of higher education as required by subdivision four of section
22 one hundred sixty-eight-f of this article. The fee shall be paid to the
23 division by the sex offender. The state comptroller is hereby authorized
24 to deposit such fees into the general fund.
25 § 5. Subdivision 4 of section 168-f of the correction law, as amended
26 by chapter 11 of the laws of 2002, is amended to read as follows:
27 4. Any sex offender shall register with the division no later than ten
28 calendar days after any change of address or any change of his or her
29 status of enrollment, attendance, employment or residence at any insti-
30 tution of higher education. A fee of ten dollars, as authorized by
31 subdivision eight of section one hundred sixty-eight-b of this article,
32 shall be submitted by the sex offender each time such offender registers
33 any change of address or any change of his or her status of enrollment,
34 attendance, employment or residence at any institution of higher educa-
35 tion. Any failure or omission to submit the required fee shall not
36 affect the acceptance by the division of the change of address or change
37 of status.
38 § 6. Subdivision 3 of section 420.30 of the criminal procedure law, as
39 amended by chapter 3 of the laws of 1995, is amended to read as follows:
40 3. Restrictions. In no event shall a mandatory surcharge, sex offen-
41 der registration fee, DNA databank fee or crime victim assistance fee be
42 remitted.
43 § 7. Subdivisions 1, 2 and 3 of section 420.35 of the criminal proce-
44 dure law, as amended by chapter 3 of the laws of 1995, is amended to
45 read as follows:
46 1. The provisions of section 420.10 of this article governing the
47 collection of fines and the provisions of section 420.40 of this article
48 governing deferral of mandatory surcharges, sex offender registration
49 fees, DNA databank fees and financial hardship hearings and the
50 provisions of section 430.20 of this chapter governing the commitment of
51 a defendant for failure to pay a fine shall be applicable to a mandatory
52 surcharge, sex offender registration fee, DNA databank fee and a crime
53 victim assistance fee imposed pursuant to subdivision one of section
54 60.35 of the penal law, subdivision twenty-a of section three hundred
55 eighty-five of the vehicle and traffic law, subdivision nineteen-a of
56 section four hundred one of the vehicle and traffic law, or a mandatory
S. 1406--B 41 A. 2106--B
1 surcharge imposed pursuant to section eighteen hundred nine of the vehi-
2 cle and traffic law or section 27.12 of the parks, recreation and
3 historic preservation law. When the court directs that the defendant be
4 imprisoned until the mandatory surcharge, sex offender registration fee
5 or DNA databank fee is satisfied, it must specify a maximum period of
6 imprisonment not to exceed fifteen days; provided, however, a court may
7 not direct that a defendant be imprisoned until the mandatory surcharge,
8 sex offender registration fee, or DNA databank fee is satisfied or
9 otherwise for failure to pay the mandatory surcharge, sex offender
10 registration fee or DNA databank fee unless the court makes a contempo-
11 raneous finding on the record, after according defendant notice and an
12 opportunity to be heard, that the payment of the mandatory surcharge,
13 sex offender registration fee or DNA databank fee upon defendant will
14 not work an unreasonable hardship upon him or her or his or her immedi-
15 ate family.
16 2. Under no circumstances shall the mandatory surcharge, sex offender
17 registration fee, DNA databank fee or the crime victim assistance fee be
18 waived.
19 3. It shall be the duty of a court of record or administrative tribu-
20 nal to report to the division of criminal justice services on the dispo-
21 sition and collection of mandatory surcharges, sex offender registration
22 fees or DNA databank fees and crime victim assistance fees. Such report
23 shall include, for all cases, whether the surcharge, sex offender regis-
24 tration fee, DNA databank fee or crime victim assistance fee levied
25 pursuant to subdivision one of section 60.35 of the penal law or section
26 eighteen hundred nine of the vehicle and traffic law has been imposed
27 pursuant to law, collected, or is to be collected by probation or
28 corrections or other officials. The form, manner and frequency of such
29 reports shall be determined by the commissioner of the division of crim-
30 inal justice services after consultation with the chief administrator of
31 the courts and the commissioner of the department of motor vehicles.
32 § 8. Subdivisions 1, 2, 3, 4 and 5 of section 420.40 of the criminal
33 procedure law, as added by chapter 3 of the laws of 1995, is amended to
34 read as follows:
35 1. Applicability. The procedure specified in this section governs the
36 deferral of the obligation to pay all or part of a mandatory surcharge,
37 sex offender registration fee or DNA databank fee imposed pursuant to
38 subdivision one of section 60.35 of the penal law and financial hardship
39 hearings relating to mandatory surcharges.
40 2. On an appearance date set forth in a summons issued pursuant to
41 subdivision three of section 60.35 of the penal law, section eighteen
42 hundred nine of the vehicle and traffic law or section 27.12 of the
43 parks, recreation and historic preservation law, a person upon whom a
44 mandatory surcharge, sex offender registration fee or DNA databank fee
45 was levied shall have an opportunity to present on the record credible
46 and verifiable information establishing that the mandatory surcharge,
47 sex offender registration fee or DNA databank fee should be deferred, in
48 whole or in part, because, due to the indigence of such person the
49 payment of said surcharge, sex offender registration fee or DNA databank
50 fee would work an unreasonable hardship on the person or his or her
51 immediate family.
52 3. In assessing such information the superior court shall be mindful
53 of the mandatory nature of the surcharge, sex offender registration fee
54 and DNA databank fee, and the important criminal justice and victim
55 services sustained by such fees.
S. 1406--B 42 A. 2106--B
1 4. Where a court determines that it will defer part or all of a manda-
2 tory surcharge, sex offender registration fee or DNA databank fee
3 imposed pursuant to subdivision one of section 60.35 of the penal law, a
4 statement of such finding and of the facts upon which it is based shall
5 be made part of the record.
6 5. A court which defers a person's obligation to pay a mandatory
7 surcharge, sex offender registration fee or DNA databank fee imposed
8 pursuant to subdivision one of section 60.35 of the penal law shall do
9 so in a written order. Such order shall not excuse the person from the
10 obligation to pay the surcharge, sex offender registration fee or DNA
11 databank fee. Rather, the court's order shall direct the filing of a
12 certified copy of the order with the county clerk of the county in which
13 the court is situate except where the court which issues such order is
14 the supreme court in which case the order itself shall be filed by the
15 clerk of the court acting in his or her capacity as the county clerk of
16 the county in which the court is situate. Such order shall be entered by
17 the county clerk in the same manner as a judgment in a civil action in
18 accordance with subdivision (a) of rule five thousand sixteen of the
19 civil practice law and rules. The order shall direct that any unpaid
20 balance of the mandatory surcharge, sex offender registration fee or DNA
21 databank fee may be collected in the same manner as a civil judgment.
22 The entered order shall be deemed to constitute a judgment-roll as
23 defined in section five thousand seventeen of the civil practice law and
24 rules and immediately after entry of the order, the county clerk shall
25 docket the entered order as a money judgment pursuant to section five
26 thousand eighteen of such law and rules.
27 § 9. Paragraph (a) of subdivision 2 of section 259-i of the executive
28 law, as amended by chapter 3 of the laws of 1995, is amended to read as
29 follows:
30 (a) At least one month prior to the date on which an inmate may be
31 paroled pursuant to subdivision one of section 70.40 of the penal law, a
32 member or members as determined by the rules of the board shall
33 personally interview such inmate and determine whether he should be
34 paroled in accordance with the guidelines adopted pursuant to subdivi-
35 sion four of section two hundred fifty-nine-c. If parole is not granted
36 upon such review, the inmate shall be informed in writing within two
37 weeks of such appearance of the factors and reasons for such denial of
38 parole. Such reasons shall be given in detail and not in conclusory
39 terms. The board shall specify a date not more than twenty-four months
40 from such determination for reconsideration, and the procedures to be
41 followed upon reconsideration shall be the same. If the inmate is
42 released, he shall be given a copy of the conditions of parole. Such
43 conditions shall where appropriate, include a requirement that the paro-
44 lee comply with any restitution order [and], mandatory surcharge, sex
45 offender registration fee and DNA databank fee previously imposed by a
46 court of competent jurisdiction that applies to the parolee. The board
47 of parole shall indicate which restitution collection agency established
48 under subdivision eight of section 420.10 of the criminal procedure law,
49 shall be responsible for collection of restitution [and], mandatory
50 surcharge, sex offender registration fees and DNA databank fees as
51 provided for in section 60.35 of the penal law and section eighteen
52 hundred nine of the vehicle and traffic law.
53 § 10. Section 259-j of the executive law, as amended by chapter 1 of
54 the laws of 1998, is amended to read as follows:
55 § 259-j. Discharge from parole and conditional release. Except where a
56 determinate sentence or a sentence with a maximum term of life imprison-
S. 1406--B 43 A. 2106--B
1 ment was imposed for a felony other than a felony defined in article two
2 hundred twenty of the penal law, if the board of parole is satisfied
3 that an absolute discharge from parole or from conditional release is in
4 the best interests of society, the board may grant such a discharge
5 prior to the expiration of the full maximum term to any person who has
6 been on unrevoked parole or conditional release for at least three
7 consecutive years. A discharge granted under this section shall consti-
8 tute a termination of the sentence with respect to which it was granted.
9 No such discharge shall be granted unless the board of parole is satis-
10 fied that the parolee, otherwise financially able to comply with an
11 order of restitution and the payment of any mandatory surcharge, sex
12 offender registration fee or DNA databank fee previously imposed by a
13 court of competent jurisdiction, has made a good faith effort to comply
14 therewith.
15 § 11. Section 259-j of the executive law, as separately amended by
16 chapter 396 of the laws of 1987 and chapter 1 of the laws of 1998, is
17 amended to read as follows:
18 § 259-j. Discharge from parole and conditional release. Except where a
19 determinate sentence or a sentence with a maximum term of life imprison-
20 ment was imposed for a felony other than a felony defined in article two
21 hundred twenty of the penal law, if the board of parole is satisfied
22 that an absolute discharge from parole or from conditional release is in
23 the best interests of society, the board may grant such a discharge
24 prior to the expiration of the full maximum term to any person who has
25 been on unrevoked parole or conditional release for at least three
26 consecutive years. A discharge granted under this section shall consti-
27 tute a termination of the sentence with respect to which it was granted.
28 No such discharge shall be granted unless the board of parole is satis-
29 fied that the parolee, otherwise financially able to comply with an
30 order of restitution and the payment of any mandatory surcharge, sex
31 offender registration fee or DNA databank fee previously imposed by a
32 court of competent jurisdiction, has made a good faith effort to comply
33 therewith.
34 § 12. Section 4-411 of the village law, as added by chapter 460 of the
35 laws of 1991, is amended to read as follows:
36 § 4-411 Disposition of fines and penalties. Except as otherwise
37 provided by law, all fines and penalties imposed for the violation of a
38 village local law, ordinance or regulation shall be the property of the
39 village, whether or not the village has established the office of
40 village justice. Nothing in this section shall be deemed to affect the
41 disposition of mandatory surcharges, sex offender registration fees, DNA
42 databank fees or crime victim assistance fees as provided by section
43 60.35 of the penal law, or of mandatory surcharges as provided by
44 section eighteen hundred nine of the vehicle and traffic law, or of
45 fines, penalties and forfeitures as provided by section eighteen hundred
46 three of the vehicle and traffic law relating to traffic offenses.
47 § 13. This act shall take effect immediately, provided that the amend-
48 ments to subdivision 5 of section 60.35 of the penal law made by section
49 one of this act shall be subject to the expiration and reversion of such
50 subdivision pursuant to section 74 of chapter 3 of the laws of 1995, as
51 amended, when upon such date the provisions of section two of this act
52 shall take effect; provided further that the amendment to paragraph (a)
53 of subdivision 2 of section 259-i of the executive law made by section
54 nine of this act shall not affect the expiration of such section and
55 shall be deemed to expire therewith; and further provided that the
56 amendments to section 259-j of the executive law made by section ten of
S. 1406--B 44 A. 2106--B
1 this act shall be subject to the expiration and reversion of such
2 section pursuant to section 74 of chapter 3 of the laws of 1995 as
3 amended, when upon such date the provisions of section eleven of this
4 act shall take effect.
5 PART G
6 Section 1. Subdivision 8-a of section 837 of the executive law, as
7 amended by chapter 309 of the laws of 1996, is amended to read as
8 follows:
9 8-a. Charge a fee when, pursuant to statute or the regulations of the
10 division, it conducts a search of its criminal history records and
11 returns a report thereon in connection with an application for employ-
12 ment or for a license or permit. The division shall adopt and may, from
13 time to time, amend a schedule of such fees which shall be in amounts
14 determined by the division to be reasonably related to the cost of
15 conducting such searches and returning reports thereon but, in no event,
16 shall any such fee exceed twenty-five dollars and an additional
17 surcharge of [twenty-five] fifty dollars. [Except as provided in section
18 three hundred fifty-nine-e of the general business law, the fee shall be
19 paid to the division by the applicant and shall accompany the appli-
20 cant's fingerprint card or application form upon which the search
21 request is predicated.] The comptroller is hereby authorized to deposit
22 such fees into the general fund [effective August thirty-first, nineteen
23 hundred ninety-six], provided, however, that the monies received by the
24 division of criminal justice services for payment of the additional
25 surcharge shall be deposited in equal amounts to the general fund and to
26 the fingerprint identification and technology account.
27 § 2. This act shall take effect immediately.
28 PART H
29 Section 1. Section 29 of the correction law is amended by adding a new
30 subdivision 4 to read as follows:
31 4. The commissioner of the department of correctional services shall
32 provide a report to the legislature on the staffing of correction offi-
33 cers and correction sergeants in state correctional facilities. Such
34 report shall include, but not be limited to the following factors: the
35 number of security posts on the current plot plan for each facility that
36 have been closed on a daily basis, by correctional facility security
37 classification (minimum, medium and maximum); the number of security
38 positions eliminated by correctional facility since two thousand
39 compared to the number of inmates incarcerated in each such facility; a
40 breakdown by correctional facility security classification (minimum,
41 medium, and maximum) of the staff hours of overtime worked, by year
42 since two thousand and the annual aggregate costs related to this over-
43 time. In addition, such report shall be delineated by correctional
44 facility security classification, the annual number of security posi-
45 tions eliminated, the number of closed posts and amount of staff hours
46 of overtime accrued as well as the overall overtime expenditures that
47 resulted. Such report shall be provided to the chairs of the senate
48 finance, assembly ways and means, senate crime and corrections and
49 assembly correction committees by December thirty-first, two thousand
50 three.
51 § 2. This act shall take effect immediately.
S. 1406--B 45 A. 2106--B
1 PART I
2 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 2 of
3 section 501 of the vehicle and traffic law, as added by chapter 173 of
4 the laws of 1990, is amended to read as follows:
5 (ii) H endorsement. Shall be required to transport hazardous materials
6 as defined in section one hundred three of the hazardous materials
7 transportation act, public law 93-633, title I, when the vehicle trans-
8 porting such materials is required to be placarded under the hazardous
9 materials regulation, 49 CFR part 172, subpart F. A farm vehicle shall
10 be exempt from the requirement for such endorsement when transporting
11 hazardous materials within one hundred fifty miles of the person's farm.
12 However, a separate non-commercial endorsement shall be required for
13 such exempted transportation. In order to obtain such endorsement, the
14 license holder must submit fingerprints for purposes of a criminal
15 history record check pursuant to subdivision six of this section.
16 § 2. Section 501 of the vehicle and traffic law is amended by adding a
17 new subdivision 6 to read as follows:
18 6. H endorsement criminal history record check. Upon receipt of an
19 application and completion of all other requirements imposed by the
20 commissioner for an H endorsement to permit the operator to transport
21 hazardous materials as defined in section one hundred three of the
22 hazardous materials transportation act, public law 93-633, title I, when
23 the vehicle transporting such materials is required to be placarded
24 under the hazardous materials regulation, 49 CFR part 172, subpart F,
25 the commissioner, subject to the rules and regulations of the division
26 of criminal justice services, shall initiate a criminal history record
27 check of the person making the application. The commissioner shall
28 obtain from each applicant two sets of fingerprints and the division of
29 criminal justice services processing fee imposed pursuant to subdivision
30 eight-a of section eight hundred thirty-seven of the executive law and
31 any fee imposed by the federal bureau of investigation. The commissioner
32 shall promptly transmit such fingerprints and fees to the division of
33 criminal justice services for processing. The federal bureau of investi-
34 gation and the division of criminal justice services shall forward such
35 criminal history record, if any, to the commissioner. All such criminal
36 history records processed and sent pursuant to this section shall be
37 confidential pursuant to the applicable federal and state laws, rules
38 and regulations, and shall not be published or in any way disclosed to
39 persons other than authorized personnel, unless otherwise authorized by
40 law. No cause of action against the commissioner, the department or the
41 division of criminal justice services for damages related to the dissem-
42 ination of criminal history records pursuant to this section shall exist
43 when the commissioner, department or division of criminal justice
44 services has reasonably and in good faith relied upon the accuracy and
45 completeness of criminal history information furnished to it by quali-
46 fied agencies. The provision of such information by the division of
47 criminal justice services shall be subject to the provisions of subdivi-
48 sion sixteen of section two hundred ninety-six of the executive law. The
49 consideration of such criminal history record by the commissioner shall
50 be subject to article twenty-three-A of the correction law. The commis-
51 sioner shall review such criminal history record for a conviction within
52 the previous ten years for: (i) any violent felony offense, as defined
53 in section 70.02 of the penal law; or (ii) any felony defined in article
54 one hundred twenty, one hundred twenty-five, one hundred thirty, one
55 hundred thirty-five, one hundred forty, one hundred forty-five, one
S. 1406--B 46 A. 2106--B
1 hundred fifty, one hundred fifty-five, one hundred sixty, one hundred
2 seventy, one hundred seventy-five, two hundred, two hundred ten, two
3 hundred twenty, two hundred twenty-one, two hundred forty, two hundred
4 sixty-five, four hundred sixty, four hundred seventy, four hundred
5 eighty-five, or four hundred ninety of the penal law or section fifty-
6 three-e of the railroad law; or (iii) any offense in another jurisdic-
7 tion which includes all of the essential elements of such offenses
8 described in paragraphs (i) and (ii) of this subdivision and for which a
9 sentence of imprisonment for more than one year was authorized in the
10 other jurisdiction and is authorized in this state, regardless of wheth-
11 er such sentence was imposed; or any of the following federal offenses:
12 improper transportation of a hazardous material, as defined in 49 U.S.C.
13 46312, conveying false information or threats, as defined in 49 U.S.C.
14 46507, espionage, as defined in 18 U.S.C. 793, 794 or 3077, sedition,
15 as defined in 18 U.S.C. 2384, 2385 or section 4 of the subversive activ-
16 ities control act of 1950, treason, as defined in 18 U.S.C. 2381 or
17 conspiracy or solicitation, as defined in 18 U.S.C. 371 or 373; or (iv)
18 an attempt or conspiracy to commit any of the offenses specified in
19 paragraphs (i), (ii), or (iii) of this subdivision. In calculating such
20 ten year period, any period of time during which the person was incar-
21 cerated for any reason between the time of commission of the previous
22 felony and the time of commission of the present felony shall be
23 excluded and such ten year period shall be extended by a period or peri-
24 ods equal to the time served under such incarceration. After receipt of
25 a criminal history record from the division of criminal justice
26 services, if any, and review of such record, the commissioner shall
27 promptly notify the applicant whether he or she will be granted an H
28 endorsement based upon the applicant's criminal history and promptly
29 notify such applicant of the determination and the procedure for
30 requesting a hearing pursuant to this subdivision. If the commissioner
31 denies an applicant an H endorsement based either in whole or in part on
32 such applicant's criminal record, the commissioner must notify such
33 applicant of the basis for such denial, and afford such applicant notice
34 and an opportunity to be heard and offer proof in opposition to such
35 determination. If the applicant requests a hearing to contest the
36 commissioner's determination, such hearing must be requested no later
37 than thirty days after the applicant's receipt of the determination and
38 must be scheduled by the commissioner within sixty days of such request.
39 Upon request and pursuant to the rules and regulations of the division
40 of criminal justice services, any applicant may obtain, review and seek
41 correction of his or her criminal history record.
42 § 3. This act shall take effect immediately.
43 PART J
44 Section 1. Subdivision 4 of section 722 of the county law, as amended
45 by chapter 682 of the laws of 1977, is amended to read as follows:
46 4. Representation according to a plan containing a combination of any
47 of the foregoing. Any judge, justice or magistrate in assigning counsel
48 pursuant to sections 170.10, 180.10, 210.15 and 720.30 of the criminal
49 procedure law, or in assigning counsel to a defendant when a hearing has
50 been ordered in a proceeding upon a motion, pursuant to article four
51 hundred forty of the criminal procedure law, to vacate a judgment or to
52 set aside a sentence or on a motion for a writ of error coram nobis, or
53 in assigning counsel pursuant to the provisions of section two hundred
54 sixty-two of the family court act or section four hundred seven of the
S. 1406--B 47 A. 2106--B
1 surrogate's court procedure act, shall assign counsel furnished in
2 accordance with a plan conforming to the requirements of this section;
3 provided, however, that when the county or the city in which a county is
4 wholly contained has not placed in operation a plan conforming to that
5 prescribed in this subdivision or subdivision three [or four] of this
6 section and the judge, justice or magistrate is satisfied that a
7 conflict of interest prevents the assignment of counsel pursuant to the
8 plan in operation, or when the county or the city in which a county is
9 wholly contained has not placed in operation any plan conforming to that
10 prescribed in this section, the judge, justice or magistrate may assign
11 any attorney in such county or city and, in such event, such attorney
12 shall receive compensation and reimbursement from such county or city
13 which shall be at the same rate as is prescribed in section seven
14 hundred twenty-two-b of this [chapter] article.
15 § 2. Section 722-b of the county law, as amended by chapter 317 of
16 the laws of 1987 and the opening paragraph as amended by chapter 453 of
17 the laws of 1999, is amended to read as follows:
18 § 722-b. Compensation and reimbursement for representation. 1. All
19 counsel assigned in accordance with a plan of a bar association conform-
20 ing to the requirements of section seven hundred twenty-two of this
21 article whereby the services of private counsel are rotated and coordi-
22 nated by an administrator shall at the conclusion of the representation
23 receive [compensation at a rate not exceeding forty]:
24 (a) for representation of a person entitled to representation by law
25 who is initially charged with a misdemeanor or lesser offense and no
26 felony, compensation for such misdemeanor or lesser offense represen-
27 tation at a rate of sixty dollars per hour for time expended in court or
28 before a magistrate, judge or justice, and sixty dollars per hour for
29 time reasonably expended out of court, and shall receive reimbursement
30 for expenses reasonably incurred; and [twenty-five]
31 (b) for representation of a person in all other cases governed by this
32 article, including all representation in an appellate court, compen-
33 sation at a rate of seventy-five dollars per hour for time expended in
34 court before a magistrate, judge or justice and seventy-five dollars per
35 hour for time reasonably expended out of court, and shall receive
36 reimbursement for expenses reasonably incurred[; except that counsel
37 assigned for representation in an appellate court shall receive compen-
38 sation at a rate not exceeding forty dollars per hour for time reason-
39 ably expended, whether in court or out of court. Where a defendant is
40 charged with a crime which may be punishable by death compensation shall
41 not exceed two thousand four hundred dollars where one counsel has been
42 assigned, and shall not exceed three thousand two hundred dollars where
43 two or more counsel have been assigned. Where a defendant is charged
44 with one or more other felonies, compensation shall not exceed one thou-
45 sand two hundred dollars. Where a defendant is charged with one or more
46 other crimes, compensation shall not exceed eight hundred dollars. For
47 representation pursuant to the provisions of section two hundred sixty-
48 two of the family court act, article six-C of the correction law or
49 section four hundred seven of the surrogate's court procedure act,
50 compensation shall not exceed eight hundred dollars. For representation
51 upon the hearing of a motion for a writ of error coram nobis or a motion
52 to vacate judgment or set aside sentence made pursuant to article four
53 hundred forty of the criminal procedure law, compensation shall not
54 exceed eight hundred dollars. For representation in the court of appeals
55 on an appeal from a judgment of death, compensation shall not exceed two
56 thousand eight hundred dollars where one counsel has been assigned, and
S. 1406--B 48 A. 2106--B
1 shall not exceed three thousand two hundred dollars where two or more
2 counsel have been assigned. For representation in an appellate court on
3 an appeal from a judgment of conviction for one or more other felonies,
4 compensation shall not exceed one thousand two hundred dollars. For
5 representation in an appellate court on an appeal in any other criminal
6 action or proceeding, or on any appeal described in section eleven
7 hundred twenty of the family court act or section four hundred seven of
8 the surrogate's court procedure act, compensation shall not exceed eight
9 hundred dollars].
10 2. Except as provided in this section, compensation for time expended
11 in providing representation:
12 (a) pursuant to paragraph (a) of subdivision one of this section shall
13 not exceed two thousand four hundred dollars; and
14 (b) pursuant to paragraph (b) of subdivision one of this section shall
15 not exceed four thousand four hundred dollars.
16 3. For representation on an appeal, compensation and reimbursement
17 shall be fixed by the appellate court. For all other representation,
18 compensation and reimbursement shall be fixed by the [court where judg-
19 ment of conviction or acquittal or order of dismissal was entered] trial
20 court judge. In extraordinary circumstances a trial or appellate court
21 may provide for compensation in excess of the foregoing limits and for
22 payment of compensation and reimbursement for expenses before the
23 completion of the representation.
24 4. Each claim for compensation and reimbursement shall be supported by
25 a sworn statement specifying the time expended, services rendered,
26 expenses incurred and reimbursement or compensation applied for or
27 received in the same case from any other source. No counsel assigned
28 hereunder shall seek or accept any fee for representing the party for
29 whom he or she is assigned without approval of the court as herein
30 provided.
31 § 3. Section 722-c of the county law, as amended by chapter 682 of the
32 laws of 1977 and the opening paragraph as amended by chapter 453 of the
33 laws of 1999, is amended to read as follows:
34 § 722-c. Services other than counsel. Upon a finding in an ex parte
35 proceeding that investigative, expert or other services are necessary
36 and that the defendant or other person described in section two hundred
37 forty-nine or section two hundred sixty-two of the family court act,
38 article six-C of the correction law or section four hundred seven of the
39 surrogate's court procedure act, is financially unable to obtain them,
40 the court shall authorize counsel, whether or not assigned in accordance
41 with a plan, to obtain the services on behalf of the defendant or such
42 other person. The court upon a finding that timely procurement of neces-
43 sary services could not await prior authorization may authorize the
44 services nunc pro tunc. The court shall determine reasonable compen-
45 sation for the services and direct payment to the person who rendered
46 them or to the person entitled to reimbursement. Only in extraordinary
47 circumstances may the court provide for compensation in excess of [three
48 hundred] one thousand dollars per investigative, expert or other service
49 provider.
50 Each claim for compensation shall be supported by a sworn statement
51 specifying the time expended, services rendered, expenses incurred and
52 reimbursement or compensation applied for or received in the same case
53 from any other source.
54 § 4. The opening paragraph of section 722-f of the county law is
55 designated subdivision 1 and a new subdivision 2 is added to read as
56 follows:
S. 1406--B 49 A. 2106--B
1 2. (a) The county executive or chief executive officer of each county
2 or, in the case of a county wholly contained within a city, such city
3 shall file an annual report which specifies in detail and certifies to
4 the state comptroller the total expenditures of such county or city,
5 identifying "local funds", as defined in subdivision four of section
6 ninety-eight-b of the state finance law, state funds, federal funds and
7 funds received from a "private source" as described in subdivision four
8 of section ninety-eight-b of the state finance law, for providing legal
9 representation to persons who were financially unable to afford counsel,
10 pursuant to this article. Such annual report shall be made on a form
11 developed for such purpose by the state comptroller.
12 (b) Such annual report, detailing expenditures for the period January
13 first through December thirty-first of the previous calendar year, shall
14 be filed on or before the first day of March of each year, provided,
15 however, that the first report required by this subdivision shall
16 contain the required information, separately stated, for the two
17 preceeding calendar years.
18 § 5. Subdivision 3 of section 35 of the judiciary law, as amended by
19 chapter 317 of the laws of 1987, is amended to read as follows:
20 3. No counsel assigned pursuant to this section shall seek or accept
21 any fee for representing the person for whom he or she is assigned with-
22 out approval of the court as herein provided. Whenever it appears that
23 such person is financially able to obtain counsel or make partial
24 payment for the representation, counsel may report this fact to the
25 court and the court may terminate the assignment or authorize payment,
26 as the interests of justice may dictate, to such counsel. Counsel
27 assigned hereunder shall at the conclusion of the representation receive
28 compensation at a rate [not exceeding forty] of seventy-five dollars per
29 hour for time expended in court, and [twenty-five] seventy-five dollars
30 per hour for time reasonably expended out of court, and shall receive
31 reimbursement for expenses reasonably incurred[; except that counsel
32 assigned hereunder for representation in an appellate court shall
33 receive compensation at a rate not exceeding forty dollars per hour for
34 time reasonably expended, whether in court or out of court]. For repre-
35 sentation upon a hearing, compensation and reimbursement shall be fixed
36 by the court wherein the hearing was held and such compensation shall
37 not exceed [eight hundred] four thousand four hundred dollars. For
38 representation in an appellate court, compensation and reimbursement
39 shall be fixed by such court and such compensation shall not exceed
40 [eight hundred] four thousand four hundred dollars[, except that when
41 counsel is assigned pursuant to paragraph (b) of subdivision one of this
42 section for representation on appeal from (i) a judgment of death,
43 compensation shall not exceed two thousand eight hundred dollars where
44 one counsel has been assigned and shall not exceed three thousand two
45 hundred dollars where two or more counsel have been assigned, or (ii) a
46 judgment of conviction for any other felony, compensation shall not
47 exceed one thousand two hundred dollars]. In extraordinary circumstances
48 the court may provide for compensation in excess of the foregoing
49 limits.
50 § 6. Paragraph (a) of subdivision 3 of section 226 of the vehicle and
51 traffic law, as amended by chapter 505 of the laws of 1997, is amended
52 to read as follows:
53 (a) If the person charged with the violation shall fail to answer the
54 summons as provided herein, the commissioner may suspend such person's
55 license or driving privilege or, if the charge involves a violation of
56 section three hundred eighty-five, section four hundred one or section
S. 1406--B 50 A. 2106--B
1 five hundred eleven-a of this chapter by a registrant who was not the
2 operator of the vehicle, the registration of such vehicle or the privi-
3 lege of operation of any motor vehicle owned by such registrant may be
4 suspended, until such person shall answer as provided in subdivision two
5 of this section. If a person shall fail to appear at a hearing, when
6 such is provided for pursuant to this section, such person's license, or
7 registration or privilege of operating or of operation, as appropriate,
8 may be suspended pending appearance at a subsequent hearing, or the
9 disposition of the charges involved. Any suspension permitted by this
10 subdivision, if already in effect, may be terminated or if not yet in
11 effect, may be withdrawn or withheld, prior to the disposition of the
12 charges involved if such person shall appear and post security in the
13 amount of forty dollars to guarantee his or her appearance at any
14 required hearing. The security posted pursuant to this subdivision shall
15 be returned upon appearance at the scheduled hearing or an adjourned
16 hearing which results in a final disposition of the charge, and other-
17 wise shall be forfeited. If a suspension has been imposed pursuant to
18 this subdivision and the case is subsequently transferred pursuant to
19 subdivision two of section two hundred twenty-five of this [chapter]
20 article, such suspension shall remain in effect until the person answers
21 the charges in the court to which the case was transferred. Any suspen-
22 sion issued pursuant to this paragraph shall be subject to the
23 provisions of paragraph (j-1) of subdivision two of section five hundred
24 three of this chapter.
25 § 7. Paragraph a of subdivision 4 of section 227 of the vehicle and
26 traffic law, as amended by chapter 607 of the laws of 1993, is amended
27 to read as follows:
28 a. An order entered upon the failure to answer or appear or after the
29 receipt of an answer admitting the charge or where a determination is
30 made that the charge has been established shall be civil in nature, but
31 shall be treated as a conviction for the purposes of this chapter. The
32 commissioner or his designee may include in such order an imposition of
33 any penalty authorized by any provision of this chapter for a conviction
34 of such violation, except that no penalty therefore shall include impri-
35 sonment, nor, if monetary, exceed the amount of the fine which could
36 have been imposed had the charge been heard by a court. The driver's
37 license or privileges, or, if the charge involves a violation of section
38 three hundred eighty-five or section four hundred one of this chapter by
39 a registrant who was not the operator of the vehicle, the registration
40 of such vehicle or privilege of operation of any motor vehicle owned by
41 such registrant may be suspended pending the payment of any penalty so
42 imposed. Any suspension issued pursuant to this paragraph shall be
43 subject to the provisions of paragraph (j-1) of subdivision two of
44 section five hundred three of this chapter.
45 § 8. Subdivision 2 of section 503 of the vehicle and traffic law is
46 amended by adding a new paragraph (j-1) to read as follows:
47 (j-1) (i) When a license issued pursuant to this article, or a privi-
48 lege of operating a motor vehicle or of obtaining such a license, has
49 been suspended based upon a failure to answer an appearance ticket or a
50 summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
51 ant to subdivision three of section two hundred twenty-six, subdivision
52 four of section two hundred twenty-seven, subdivision four-a of section
53 five hundred ten or subdivision five-a of section eighteen hundred nine
54 of this chapter, such suspension shall remain in effect until a termi-
55 nation of a suspension fee of thirty-five dollars is paid to the court
56 or tribunal that initiated the suspension of such license or privilege.
S. 1406--B 51 A. 2106--B
1 In no event may the aggregate of the fees imposed by an individual court
2 pursuant to this paragraph for the termination of all suspensions that
3 may be terminated as a result of a person's answers, appearances or
4 payments made in such cases pending before such individual court exceed
5 two hundred dollars. For the purposes of this paragraph, the various
6 locations of the administrative tribunal established under article two-A
7 of this chapter shall be considered an individual court.
8 (ii) Any such fee collected by any court, judge, magistrate or other
9 officer specified in subdivision one of section thirty-nine of the judi-
10 ciary law, establishing a unified court budget, shall be paid to the
11 state commissioner of taxation and finance on a monthly basis no later
12 than ten days after the last day of each month. All such monies
13 collected under this subdivision shall be deposited to the indigent
14 legal services fund established by section ninety-eight-b of the state
15 finance law.
16 (iii) Any such fee collected by any other court, judge, magistrate or
17 other officer shall, except as provided in paragraph (k) of this subdi-
18 vision, be paid to the state comptroller within the first ten days of
19 the month following collection. Every such payment to the comptroller
20 shall be accompanied by a statement in such form and detail as the comp-
21 troller shall provide. All such monies collected under this subdivision
22 shall be deposited to the indigent legal services fund established by
23 section ninety-eight-b of the state finance law.
24 § 9. Paragraph (k) of subdivision 2 of section 503 of the vehicle and
25 traffic law, as amended by chapter 309 of the laws of 1996, is amended
26 to read as follows:
27 (k) Fees assessed for reapplication for a driver's license or rein-
28 statement of driving privileges after revocation or required to be paid
29 for termination of suspension as provided in paragraphs (h), (i) and (j)
30 of this subdivision shall be paid to the commissioner for deposit to the
31 general fund. Fees assessed for termination of suspension as provided in
32 paragraph (j-1) of this subdivision and collected by an administrative
33 tribunal established under article two-A of this chapter shall be paid
34 over to the state comptroller to the credit of the indigent legal
35 services fund established by section ninety-eight-b of the state finance
36 law.
37 § 10. Subdivision 4-a of section 510 of the vehicle and traffic law is
38 REPEALED and a new subdivision 4-a is added to read as follows:
39 4-a. Suspension for failure to answer an appearance ticket or to pay a
40 fine. (a) Upon receipt of a court notification of the failure of a
41 person to appear within sixty days of the return date or new subsequent
42 adjourned date, pursuant to an appearance ticket charging said person
43 with a violation of any of the provisions of this chapter (except one
44 for parking, stopping, or standing), of any violation of the tax law or
45 of the transportation law regulating traffic or of any lawful ordinance
46 or regulation made by a local or public authority, relating to traffic
47 (except one for parking, stopping, or standing) or the failure to pay a
48 fine imposed by a court the commissioner or his or her agent may suspend
49 the driver's license or privileges of such person pending receipt of
50 notice from the court that such person has appeared in response to such
51 appearance ticket or has paid such fine. Such suspension shall take
52 effect no less than thirty days from the day upon which notice thereof
53 is sent by the commissioner to the person whose driver's license or
54 privileges are to be suspended. Any suspension issued pursuant to this
55 paragraph shall be subject to the provisions of paragraph (j-l) of
56 subdivision two of section five hundred three of this chapter.
S. 1406--B 52 A. 2106--B
1 (b) The provisions of paragraph (a) of this subdivision shall not
2 apply to a registrant who was not operating a vehicle, but who was
3 issued a summons or an appearance ticket for a violation of section
4 three hundred eighty-five, section four hundred one or section five
5 hundred eleven-a of this chapter. Upon the receipt of a court notifica-
6 tion of the failure of such person to appear within sixty days of the
7 return date or a new subsequent adjourned date, pursuant to an appear-
8 ance ticket charging said person with such violation, or the failure of
9 such person to pay a fine imposed by a court, the commissioner or his or
10 her agent may suspend the registration of the vehicle or vehicles
11 involved in such violation or privilege of operation of any motor vehi-
12 cle owned by the registrant pending receipt of notice from the court
13 that such person has appeared in response to such appearance ticket or
14 has paid such fine. Such suspension shall take effect no less than thir-
15 ty days from the day upon which notice thereof is sent by the commis-
16 sioner to the person whose registration or privilege is to be suspended.
17 Any suspension issued pursuant to this paragraph shall be subject to the
18 provisions of paragraph (j-1) of subdivision two of section five hundred
19 three of this chapter.
20 (c) Upon receipt of notification from a traffic and parking violations
21 agency of the failure of a person to appear within sixty days of the
22 return date or new subsequent adjourned date, pursuant to an appearance
23 ticket charging said person with a violation of:
24 (i) any of the provisions of this chapter except one for parking,
25 stopping or standing and except those violations described in paragraphs
26 (a), (b), (d), (e) and (f) of subdivision two of section three hundred
27 seventy-one of the general municipal law;
28 (ii) section five hundred two or subdivision (a) of section eighteen
29 hundred fifteen of the tax law;
30 (iii) section fourteen-f (except paragraph (b) of subdivision four of
31 section fourteen-f), two hundred eleven or two hundred twelve of the
32 transportation law; or
33 (iv) any lawful ordinance or regulation made by a local or public
34 authority relating to traffic (except one for parking, stopping or
35 standing) or the failure to pay a fine imposed for such a violation by a
36 traffic and parking violations agency, the commissioner or his or her
37 agent may suspend the driver's license or privileges of such person
38 pending receipt of notice from the agency that such person has appeared
39 in response to such appearance ticket or has paid such fine. Such
40 suspension shall take effect no less than thirty days from the day upon
41 which notice thereof is sent by the commissioner to the person whose
42 driver's license or privileges are to be suspended. Any suspension
43 issued pursuant to this paragraph shall be subject to the provisions of
44 paragraph (j-1) of subdivision two of section five hundred three of this
45 chapter.
46 § 11. Subdivision 3 of section 514 of the vehicle and traffic law, as
47 amended by chapter 496 of the laws of 1990, is amended to read as
48 follows:
49 3. (a) Upon the failure of a person to appear or answer, within sixty
50 days of the return date or any subsequent adjourned date, or the failure
51 to pay a fine imposed by a court, pursuant to a summons charging him or
52 her with a violation of any of the provisions of this chapter (except
53 one for parking, stopping or standing), section five hundred two or five
54 hundred twelve of the tax law, section fourteen-f, two hundred eleven or
55 two hundred twelve of the transportation law or of any law, ordinance,
56 rule or regulation made by a local authority, relating to traffic
S. 1406--B 53 A. 2106--B
1 (except for parking, stopping or standing), the trial court or the clerk
2 thereof shall within ten days certify that fact to the commissioner, in
3 the manner and form prescribed by the commissioner, who shall record the
4 same in his or her office. Thereafter and upon the appearance of any
5 such person in response to such summons or the receipt of the fine by
6 the court, the trial court or the clerk thereof shall forthwith certify
7 that fact to the commissioner, in the manner and form prescribed by the
8 commissioner; provided, however, no such certification shall be made
9 unless the court has collected the termination of suspension fee
10 required to be paid pursuant to paragraph (j-1) of subdivision two of
11 section five hundred three of this chapter.
12 (b) Upon the failure of a person to appear or answer, within sixty
13 days of the return date or any subsequent adjourned date, or the failure
14 to pay a fine imposed by a traffic and parking violations agency pursu-
15 ant to a summons charging him or her with a violation of:
16 (1) any of the provisions of this chapter except one for parking,
17 stopping or standing and except those violations described in paragraphs
18 (a), (b), (d), (e) and (f) of subdivision two of section three hundred
19 seventy-one of the general municipal law;
20 (2) section five hundred two or subdivision (a) of section eighteen
21 hundred fifteen of the tax law;
22 (3) section fourteen-f (except paragraph (b) of subdivision four of
23 section fourteen-f), two hundred eleven or two hundred twelve of the
24 transportation law; or
25 (4) any lawful ordinance or regulation made by a local or public
26 authority relating to traffic (except one for parking, stopping or
27 standing);
28 the clerk thereof shall within ten days certify that fact to the commis-
29 sioner, in the manner and form prescribed by the commissioner, who shall
30 record the same in his or her office. Thereafter and upon the appearance
31 of any such person in response to such summons or the receipt of the
32 fine by the agency, the traffic and parking violations agency or the
33 clerk thereof shall forthwith certify that fact to the commissioner, in
34 the manner and form prescribed by the commissioner; provided, however,
35 no such certification shall be made unless the traffic and parking
36 violations agency has collected the termination of suspension fee
37 required to be paid pursuant to paragraph (j-1) of subdivision two of
38 section five hundred three of this chapter.
39 § 12. The state finance law is amended by adding a new section 98-b to
40 read as follows:
41 § 98-b. Indigent legal services fund. 1. There is hereby established
42 in the joint custody of the comptroller and the commissioner of taxation
43 and finance a special fund to be known as the indigent legal services
44 fund.
45 2. Such fund shall consist of all moneys appropriated for the purpose
46 of such fund, all other moneys required to be paid into or credited to
47 such fund, and all moneys received by the fund or donated to it.
48 3. (a) As provided in this subdivision, moneys received by the indi-
49 gent legal services fund each calendar year from January first through
50 December thirty-first shall be made available by the state comptroller
51 in the immediately succeeding state fiscal year to (i) assist counties
52 and, in the case of a county wholly contained within a city, such city,
53 in providing legal representation for persons who are financially unable
54 to afford counsel pursuant to article eighteen-B of the county law; and
55 (ii) assist the state, in funding representation provided by assigned
56 counsel paid in accordance with section thirty-five of the judiciary
S. 1406--B 54 A. 2106--B
1 law. Moneys from the fund shall be distributed at the direction of the
2 state comptroller in accordance with the provisions of this subdivision.
3 (b) Commencing on April first, two thousand five, moneys from such
4 fund shall first be made available, in the fiscal year succeeding the
5 calendar year in which collected, to reimburse the state for payments,
6 made in such previous calendar year, for assigned counsel paid in
7 accordance with section thirty-five of the judiciary law, up to an annu-
8 al sum of twenty-five million dollars.
9 (c) The balance of moneys received by such fund shall be distributed
10 by the state comptroller, in the fiscal year next succeeding the calen-
11 dar year in which collected, to counties and, in the case of a county
12 wholly contained within a city, such city, to assist such counties and
13 such city in providing representation pursuant to article eighteen-B of
14 the county law. The amount to be made available each year to such coun-
15 ties and such city shall be calculated by the state comptroller as
16 follows:
17 (i) The county executive or chief executive officer of each county or,
18 in the case of a county wholly contained within a city, such city shall,
19 in accordance with subdivision two of section seven hundred twenty-two-f
20 of the county law, certify to the state comptroller, by March first of
21 each year, the total expenditure of local funds by each such county or
22 city, during the period January first through December thirty-first of
23 the previous calendar year, for providing legal representation to
24 persons who were financially unable to afford counsel, pursuant to arti-
25 cle eighteen-B of the county law.
26 (ii) The state comptroller shall then total the amount of local funds
27 expended by all such counties and such city to determine the sum of such
28 moneys expended by all such counties and such city for providing such
29 representation in such calendar year.
30 (iii) The state comptroller shall then calculate the percentage share
31 of the statewide sum of such expenditures for each county and such city
32 for such calendar year.
33 (iv) The state comptroller shall then determine:
34 (A) the fund amount available to be distributed pursuant to this para-
35 graph, which shall be the amount received by the indigent legal services
36 fund in the immediately preceding calendar year, minus the amount to be
37 distributed to the state under paragraph (b) of this subdivision
38 provided, however, that with respect to the first payment made to coun-
39 ties and such city on or after April first, two thousand five, such
40 payment shall be made from the amounts received by the indigent legal
41 services fund in the immediately preceding two calendar years, minus the
42 amount to be distributed to the state under paragraph (b) of this subdi-
43 vision; and
44 (B) the annual payment amount to be paid to each county and such city
45 pursuant to this subdivision, which shall be the product of the percent-
46 age share of statewide local funds expended by each such county and
47 city, as determined pursuant to subparagraph (iii) of this paragraph,
48 multiplied by the fund amount available for distribution, as determined
49 pursuant to clause (A) of this subparagraph.
50 (d) All payments from this account shall be made upon vouchers
51 approved and certified and upon audit and warrant of the state comp-
52 troller. The state comptroller shall, as soon as practicable, make such
53 payments to the state and each county and each city in a lump sum
54 payment.
55 4. Maintenance of effort. (a) As used in this section, "local funds"
56 shall mean all funds appropriated or allocated by a county or, in the
S. 1406--B 55 A. 2106--B
1 case of a county wholly contained within a city, such city, for services
2 and expenses in accordance with article eighteen-B of the county law,
3 other than funds received from: (i) the federal government or the state;
4 or (ii) a private source, where such city or county does not have
5 authority or control over the payment of such funds by such private
6 source.
7 (b) State funds received by a county or city pursuant to subdivision
8 three of this section shall be used to supplement and not supplant any
9 local funds which such county or city would otherwise have had to expend
10 for the provision of counsel and expert, investigative and other
11 services pursuant to article eighteen-B of the county law. All such
12 state funds received by a county or city shall be used to improve the
13 quality of services provided pursuant to article eighteen-B of the coun-
14 ty law.
15 (c) Notwithstanding the provisions of any other law, as a precondition
16 for receiving state assistance pursuant to subdivision three of this
17 section, a county or city shall be required pursuant to this paragraph
18 to demonstrate compliance with the maintenance of effort provisions of
19 paragraph (b) of this subdivision. Such compliance shall be shown as a
20 part of the annual report submitted by the county or city in accordance
21 with subdivision two of section seven hundred twenty-two-f of the county
22 law. Such maintenance of effort shall be shown by demonstrating with
23 specificity:
24 (i) that the total amount of local funds expended for services and
25 expenses pursuant to article eighteen-B of the county law during the
26 applicable calendar year reporting period did not decrease from the
27 amount of such local funds expended during the previous calendar year
28 provided, however, that with respect to the report filed in two thousand
29 six regarding calendar year two thousand five, such maintenance of
30 effort shall be shown by demonstrating with specificity that the total
31 amount of local funds expended for services and expenses pursuant to
32 article eighteen-B of the county law during the two thousand five calen-
33 dar year did not decrease from the amount of such local funds expended
34 during calendar year two thousand two; or
35 (ii) where the amount of local funds expended for such services
36 decreased over such period, that all state funds received during the
37 most recent state fiscal year pursuant to subdivision three of this
38 section were used to assure an improvement in the quality of services
39 provided in accordance with article eighteen-B of the county law and
40 have not been used to supplant local funds. For purposes of this subpar-
41 agraph, whether there has been an improvement in the quality of such
42 services shall be determined by considering the expertise, training and
43 resources made available to attorneys, experts and investigators provid-
44 ing such services; the total caseload handled by such attorneys, experts
45 and investigators as such relates to the time expended in each case and
46 the quality of services provided; the system by which attorneys were
47 matched to cases with a degree of complexity suitable to each attorney's
48 training and experience; the provision of timely and confidential access
49 to such attorneys and expert and investigative services; and any other
50 similar factors related to the delivery of quality public defense
51 services.
52 § 13. There is hereby created a task force to review the sufficiency
53 of compensation rates and limits established pursuant to article 18-B of
54 the county law and section 35 of the judiciary law. The task force shall
55 consist of seven members. One member shall be appointed by the governor
56 upon the recommendation of the New York State Bar Association; one
S. 1406--B 56 A. 2106--B
1 member shall be appointed by the governor upon the recommendation of the
2 Association of the Bar of the City of New York; one member shall be
3 appointed by the governor upon the recommendation of the New York County
4 Lawyers Association; one member shall be appointed by the governor who
5 shall be a member at large; one member shall be appointed by the Chief
6 Judge of the Court of Appeals, one member shall be appointed by the
7 temporary president of the Senate and one member shall be appointed by
8 the speaker of the Assembly. A chairperson shall be elected by a majori-
9 ty vote of the task force. Members shall serve for a term of three years
10 and vacancies shall be filled in the same manner as original appoint-
11 ments. Members of the task force shall receive no salary for their work
12 but shall be entitled to reimbursement for their ordinary and necessary
13 expenses.
14 Such task force shall conduct an analysis of the sufficiency of
15 compensation rates and limits established pursuant to article 18-B of
16 the county law and section 35 of the judiciary law and, after conducting
17 at least two public hearings, shall make a written report, including
18 recommendations for any modifications in such compensation rates and
19 limits, to the governor, the chief judge of the Court of Appeals, the
20 temporary president of the senate and the speaker of the assembly. Such
21 report and recommendations shall be filed on or before January 15, 2006.
22 The office of court administration and the state comptroller shall
23 provide such general data, general information and staff assistance as
24 such task force may reasonably require in accordance with law in order
25 to conduct such analyses and make the recommendations provided for in
26 this section.
27 § 14. Notwithstanding the provisions of any other law: (a) the fee
28 collected by the office of court administration for the provision of
29 criminal history searches and other searches for data kept electron-
30 ically by the unified court system shall be fifty-two dollars; (b) twen-
31 ty-seven dollars of each such fee collected shall be deposited in the
32 indigent legal services fund established by section 98-b of the state
33 finance law, as added by section twelve of this act, and (c) nine
34 dollars of each such fee collected shall be deposited in the legal
35 services assistance fund established by section 98-c of the state
36 finance law, as added by section nineteen of this act, and the remainder
37 shall be deposited in the general fund and subject to transfer in
38 accordance with section 94-b of the state finance law as amended by
39 section fifteen of this act.
40 § 15. Subdivision 3 of section 94-b of the state finance law, as added
41 by chapter 55 of the laws of 1992, is amended to read as follows:
42 3. On or before April twentieth in each year commencing with April
43 twentieth, [nineteen hundred ninety-three] two thousand four, the chief
44 administrator shall determine and certify to the comptroller the differ-
45 ence between: (a) the aggregate receipts derived by the state from fees
46 collected by the office of court administration for the provision of
47 criminal history searches and other searches for data kept electron-
48 ically by the unified court system during the fiscal year ending the
49 preceding March thirty-first, less thirty-six dollars for each such fee
50 collected, and (b) the aggregate receipts derived by the state from fees
51 collected by the office of court administration for the provision of
52 criminal history searches during the fiscal year commencing April first,
53 nineteen hundred ninety-one. The amount of such difference shall there-
54 upon be transferred by the comptroller from the general fund to the
55 judiciary data processing offset fund.
S. 1406--B 57 A. 2106--B
1 § 16. Section 121 of the state finance law is amended by adding a new
2 subdivision 3-a to read as follows:
3 3-a. On or before the twentieth day of October in each year commencing
4 with the twentieth of October, two thousand three, the comptroller shall
5 determine the difference between: (a) the aggregate receipts derived by
6 the state from mandatory surcharges collected by an administrative
7 tribunal or a town or village justice court pursuant to section eighteen
8 hundred nine of the vehicle and traffic law during the preceding year
9 ending September thirtieth, and (b) the aggregate receipts derived by
10 the state from such mandatory surcharge collected by an administrative
11 tribunal or a town or a village justice court in accordance with the
12 provisions of section eighteen hundred nine of the vehicle and traffic
13 law in effect immediately prior to April first, two thousand three
14 during the preceding year ending September thirtieth. Such difference
15 shall be thereupon transferred by the comptroller to the credit of the
16 indigent legal services fund established by section ninety-eight-b of
17 this chapter.
18 § 17. Subdivision 4 of section 468-a of the judiciary law, as amended
19 by chapter 190 of the laws of 1990, is amended to read as follows:
20 4. The biennial registration fee shall be three hundred fifty dollars,
21 sixty dollars of which shall be allocated to and be deposited in a fund
22 established pursuant to the provisions of section ninety-seven-t of the
23 state finance law, fifty dollars of which shall be allocated to and
24 shall be deposited in a fund established pursuant to the provisions of
25 section ninety-eight-b of the state finance law and the remainder of
26 which shall be deposited in the attorney licensing fund. Such fee shall
27 be required of every attorney who is admitted and licensed to practice
28 law in this state, whether or not the attorney is engaged in the prac-
29 tice of law in this state or elsewhere, except attorneys who certify to
30 the chief administrator of the courts that they have retired from the
31 practice of law.
32 § 18. Paragraph a of subdivision 2 of section 235 of the vehicle and
33 traffic law, as amended by chapter 526 of the laws of 1991, is amended
34 to read as follows:
35 a. Notice. (1) Whenever a city issues a notice of violation for a
36 parking violation, it shall be served in the manner prescribed by subdi-
37 vision two of section two hundred thirty-eight of this article.
38 (2) Whenever a person has been issued a notice of violation for a
39 parking violation and has not responded in the manner described in the
40 notice, a city shall give the owner a second notice of the violation by
41 regular first class mail: (i) within forty days of issuance of the first
42 notice of violation for a parking violation where the vehicle is a vehi-
43 cle registered in this state; or (ii) within forty days of the receipt
44 by such city of the name and address of the owner of the vehicle where
45 the vehicle is a vehicle registered in any other state. Such second
46 notice shall include, but not be limited to, the following information:
47 (A) that the owner has a period of twenty days from issuance of the
48 second notice in which to respond to the notice of violation for a park-
49 ing violation;
50 (B) that failure to respond to the notice of violation for a parking
51 violation may result in the suspension and non-renewal of the owner's
52 registration;
53 (C) that failure to respond to the notice of violation for a parking
54 violation may subject the owner to additional penalties as provided in
55 paragraph b of this subdivision;
S. 1406--B 58 A. 2106--B
1 (D) that failure to respond to the notice of violation for a parking
2 violation shall subject the owner to a default judgment as provided in
3 paragraph c of this subdivision and the additional penalties imposed
4 upon parking violations pursuant to paragraph b of this subdivision; and
5 (E) that submission of a plea of guilty to the parking violation makes
6 the owner liable for payment of the stated fine and additional penalties
7 imposed pursuant to paragraph b of this subdivision and the mandatory
8 surcharge of [five] fifteen dollars imposed upon parking violations
9 pursuant to section eighteen hundred nine-a of this chapter.
10 (1) Upon written application of the chief executive officer of any
11 such city, the commissioner [of the department of motor vehicles] may
12 authorize for a specified time period the use of a notice mailer form
13 that does not contain all the information set forth in this subdivision
14 but which was used by such city on or before the effective date of this
15 section.
16 (2) In addition, the commissioner may suspend for a period not to
17 exceed one year from the effective date of this section the provisions
18 of this subdivision requiring that a second notice of violation be
19 served within forty days of issuance of the first notice of a parking
20 violation, upon written application of the chief executive officer of
21 any such city demonstrating that immediate imposition of such notice
22 requirement will cause substantial financial hardship to such city, and
23 setting forth the steps to be taken by such city to achieve compliance
24 with the notice requirements of this subdivision at the end of such one
25 hundred eighty day period. Upon granting such application, the commis-
26 sioner shall specify a period, not to exceed seventy-five days, within
27 which such second notice must be served, and shall adjust accordingly
28 the time periods set forth in paragraph b of this subdivision to provide
29 that the additional penalties set forth in such subdivision will not be
30 imposed prior to the stated number of days from the service of such
31 notice.
32 § 19. The state finance law is amended by adding a new section 98-c to
33 read as follows:
34 § 98-c. Legal services assistance fund. 1. There is hereby established
35 in the joint custody of the state comptroller and the commissioner of
36 the department of taxation and finance a special revenue fund to be
37 known as the legal services assistance fund.
38 2. Such fund shall consist of all moneys appropriated for the purpose
39 of such fund, all other moneys required to be paid into or credited to
40 such fund, and all moneys received by such fund or donated to it.
41 3. Moneys of the legal services assistance fund shall be solely avail-
42 able, following appropriation by the legislature and in accordance with
43 law to assist in the provision of and the reimbursement of expenses
44 incurred by local government agencies and not for profit providers or
45 their employees relating to providing criminal or civil legal services.
46 § 20. Section 376 of chapter 166 of the laws of 1991 amending the tax
47 law and other laws relating to taxes, as amended by chapter 170 of the
48 laws of 1994, is amended to read as follows:
49 § 376. The state comptroller shall return [$2.38] $7.50 from each
50 [$5.00] $15.00 mandatory surcharge collected [after March 31, 1994, by
51 the collecting authority] pursuant to the provisions of section 1809-a
52 of the vehicle and traffic law to the municipality from which it origi-
53 nated[, and shall return $2.50 from each $5.00 mandatory surcharge
54 collected after March 31, 1995, by the collecting authority]. Such
55 funds shall be used by the municipality for its local criminal justice
56 programs and purposes.
S. 1406--B 59 A. 2106--B
1 § 21. Subdivisions 1 and 2 of section 1809-a of the vehicle and traf-
2 fic law, subdivision 1 as added by chapter 166 of the laws of 1991 and
3 subdivision 2 as separately amended by chapters 309 and 690 of the laws
4 of 1996, are amended to read as follows:
5 1. The provisions of any other general or special law notwithstanding,
6 whenever, in a city having a population of one hundred thousand or more
7 according to the nineteen hundred eighty United States census,
8 proceedings in an administrative tribunal or a court result in a finding
9 of liability, or conviction for the violation of any statute, local law,
10 ordinance or rule involving the parking, stopping or standing of a motor
11 vehicle, there shall be levied a mandatory surcharge in addition to any
12 other sentence, fine or penalty otherwise permitted or required, in the
13 amount of [five] fifteen dollars. Such surcharge shall not be deemed a
14 monetary penalty for the purposes of section two hundred thirty-seven of
15 this chapter or section 19-203 of the administrative code of the city of
16 New York.
17 2. The mandatory surcharge provided for in subdivision one of this
18 section shall be paid to the clerk of the court or administrative tribu-
19 nal that made the determination of liability. Within the first ten days
20 of the month next succeeding the collection of such surcharge, the
21 collecting authority shall pay [two] seven dollars and fifty cents of
22 each surcharge to the justice court fund held by the state comptroller
23 pursuant to section ninety-nine-a of the state finance law which monies
24 shall then be deposited to the credit of the general fund. Each such
25 payment shall be accompanied by a true and complete report in such form
26 and detail as the comptroller shall prescribe. The remaining amount of
27 the surcharge shall be paid to the chief fiscal officer of the munici-
28 pality and used by the municipality from which it originated for its
29 local criminal justice programs and purposes.
30 § 22. Paragraph (e) of subdivision 2 of section 39 of the judiciary
31 law, as amended by chapter 83 of the laws of 1995, is amended to read as
32 follows:
33 (e) All fees collected pursuant to sections eighteen hundred three,
34 eighteen hundred three-A and nineteen hundred eleven of the New York
35 city civil court act, all fees collected pursuant to state law by the
36 county clerks in the city of New York, except as otherwise provided
37 herein with respect to fees collected pursuant to subdivision (a) of
38 section eight thousand eighteen of the civil practice law and rules and
39 except those fees collected by the clerk of Richmond county which in the
40 other counties of the city of New York are collected by the city regis-
41 ters, all fees collected pursuant to section eight thousand eighteen of
42 the civil practice law and rules except only to the extent of one
43 hundred [sixty] sixty-five dollars of any fee collected pursuant to
44 subdivision (a) of such section and except for those collected pursuant
45 to [the third undesignated] paragraph three of such subdivision (a), all
46 fees collected pursuant to section eight thousand twenty of the civil
47 practice law and rules except for those collected pursuant to subdivi-
48 sions (f), (g) and (h) of said section, all fees collected pursuant to
49 section eight thousand twenty-two of the civil practice law and rules,
50 all fees collected pursuant to section twenty-four hundred two of the
51 surrogate's court procedure act, all fees collected pursuant to section
52 eighteen hundred three, eighteen hundred three-A and subdivision (a) of
53 section nineteen hundred eleven of the uniform district court act, all
54 fees collected pursuant to section eighteen hundred three, eighteen
55 hundred three-A and subdivision (a) of section nineteen hundred eleven
56 of the uniform city court act and all fines, penalties and forfeitures
S. 1406--B 60 A. 2106--B
1 collected pursuant to subdivision eight of section eighteen hundred
2 three of the vehicle and traffic law, except such fines, penalties and
3 forfeitures collected by the Nassau county traffic and parking
4 violations agency, section 71-0211 of the environmental conservation
5 law, section two hundred one of the navigation law and subdivision one
6 of section 27.13 of the parks, recreation and historic preservation law
7 shall be paid to the state commissioner of taxation and finance on a
8 monthly basis no later than ten days after the last day of each month.
9 The additional fee of five dollars collected by county clerks in New
10 York city pursuant to [the third undesignated] paragraph three of subdi-
11 vision (a) of section eight thousand eighteen of the civil practice law
12 and rules shall be distributed monthly by the county clerks as follows:
13 four dollars and seventy-five cents to the commissioner of education for
14 deposit into the local government records management improvement funds;
15 and twenty-five cents to the city of New York.
16 § 23. Paragraph 1 of subdivision (a) of section 8018 of the civil
17 practice law and rules, as amended by section 1 of part B of chapter 83
18 of the laws of 2002, is amended to read as follows:
19 1. A county clerk is entitled, for the assignment of an index number
20 to an action pending in a court of which he or she is clerk, to a fee of
21 one hundred [sixty-five] ninety dollars, payable in advance.
22 § 24. Subdivision (f) of section 8019 of the civil practice law and
23 rules, as added by chapter 192 of the laws of 1988, is amended to read
24 as follows:
25 (f) Copies of records. The following fees, up to a maximum of [thirty]
26 forty dollars per record shall be payable to a county clerk or register
27 for copies of the records of the office except records filed under the
28 uniform commercial code:
29 1. to prepare a copy of any paper or record on file in [his] the
30 office, except as otherwise provided, [fifty] sixty-five cents per page
31 with a minimum fee of one dollar thirty cents;
32 2. to certify a prepared copy of any record or paper on file, [fifty]
33 sixty-five cents per page with a minimum fee of [four] five dollars
34 twenty cents;
35 3. to prepare and certify a copy of any record or paper on file, one
36 dollar twenty-five cents per page with a minimum fee of [four] five
37 dollars; and
38 4. to prepare and certify a copy of a certificate of honorable
39 discharge, except as provided for in the military law, two dollars fifty
40 cents.
41 § 25. Subdivisions (a) and (c) of section 8020 of the civil practice
42 law and rules, subdivision (a) as amended by chapter 309 of the laws of
43 1996 and subdivision (c) as amended by chapter 15 of the laws of 1983,
44 are amended and a new subdivision (d) is added to read as follows:
45 (a) Placing cause on calendar. For placing a cause on a calendar for
46 trial or inquest, one hundred twenty-five dollars in the supreme court
47 and county court; except that where rules of the chief administrator of
48 the courts require that a request for judicial intervention be made in
49 an action pending in supreme court or county court, the county clerk
50 shall be entitled to a fee of [seventy-five] ninety-five dollars, paya-
51 ble before a judge may be assigned pursuant to such request, and there-
52 after, for placing such a cause on a calendar for trial or inquest, the
53 county clerk shall be entitled to an additional fee of [twenty-five]
54 thirty dollars, and no other fee may be charged thereafter pursuant to
55 this subdivision; except that the county clerk shall be entitled to a
56 fee of forty-five dollars upon the filing of each motion or cross motion
S. 1406--B 61 A. 2106--B
1 in such action. However, no fee shall be imposed for a motion which
2 seeks leave to proceed as a poor person pursuant to subdivision (a) of
3 section eleven hundred one of this chapter.
4 (c) Filing demand for jury trial. For filing a demand for a jury trial
5 in the following counties, where the right to a jury trial is duly
6 demanded:
7 1. in the counties within the city of New York, [fifty] sixty-five
8 dollars in the supreme court;
9 2. in all other counties, [fifty] sixty-five dollars in the supreme
10 court and county court.
11 (d) Filing a stipulation of settlement or a voluntary discontinuance.
12 For filing a stipulation of settlement pursuant to rule twenty-one
13 hundred four of this chapter or a notice, stipulation, or certificate
14 pursuant to subdivision (d) of rule thirty-two hundred seventeen of this
15 chapter, the defendant shall file and pay:
16 1. in the counties within the city of New York, thirty-five dollars in
17 the supreme court.
18 2. in all other counties, thirty-five dollars in the supreme court and
19 county court.
20 Provided, however, that only one such fee shall be charged for each
21 notice, stipulation or certificate filed pursuant to this subdivision.
22 § 26. Subdivision 3 of section 730 of the real property tax law, as
23 amended by chapter 357 of the laws of 1983, is amended to read as
24 follows:
25 3. The petition for review pursuant to this title shall be filed with-
26 in thirty days after the completion and filing of the final assessment
27 roll containing such assessment or, in a city with a population of one
28 million or more, before the twenty-fifth day of October following the
29 time when the determination sought to be reviewed was made, in accord-
30 ance with the rules promulgated pursuant to section seven hundred thir-
31 ty-seven of this title. A fee of [twenty-five] thirty dollars shall be
32 paid upon filing of each petition, which shall be the sole fee required
33 for petitions filed pursuant to this title. The county clerk of each
34 county outside the city of New York shall retain five dollars of each
35 filing fee and shall pay the balance of each fee to the state commis-
36 sioner of taxation and finance as provided in paragraph (e) of subdivi-
37 sion two of section thirty-nine of the judiciary law. For the purposes
38 of this section an assessment roll shall not be considered finally
39 completed and filed until the last day provided by law for the filing of
40 such assessment roll or until notice thereof has been given as required
41 by law, whichever is later. Failure to file the petition within such
42 time shall constitute a complete defense to the petition and the peti-
43 tion must be dismissed.
44 § 27. Section 8022 of the civil practice law and rules, as amended by
45 chapter 309 of the laws of 1996, is amended to read as follows:
46 § 8022. Fee on civil appeals proceedings before appellate courts. (a)
47 A county clerk, upon filing a notice of appeal, is entitled to a fee of
48 [fifty] sixty-five dollars, payable in advance.
49 (b) The clerks of the appellate divisions of the supreme court and the
50 clerk of the court of appeals are entitled, upon the filing of a record
51 on a civil appeal or a statement in lieu of record on a civil appeal, as
52 required by rule 5530 of this chapter, to a fee of [two] three hundred
53 [fifty] fifteen dollars, payable in advance. The clerks of the appel-
54 late divisions also shall be entitled to such fee upon the filing of a
55 notice of petition or order to show cause commencing a special proceed-
56 ing in their respective courts. In addition, the clerks of the appel-
S. 1406--B 62 A. 2106--B
1 late divisions of the supreme court and the clerk of the court of
2 appeals are entitled, upon the filing of each motion or cross motion
3 with respect to such appeal or special proceeding, to a fee of forty-
4 five dollars, payable in advance. However, no fee shall be imposed for
5 a motion or cross motion which seeks leave to appeal as a poor person
6 pursuant to subdivision (a) of section eleven hundred one of this chap-
7 ter.
8 § 28. Rule 2104 of the civil practice law and rules is amended to read
9 as follows:
10 Rule 2104. Stipulations. An agreement between parties or their attor-
11 neys relating to any matter in an action, other than one made between
12 counsel in open court, is not binding upon a party unless it is in a
13 writing subscribed by him or his attorney or reduced to the form of an
14 order and entered. With respect to stipulations of settlement and
15 notwithstanding the form of the stipulation of settlement, the terms of
16 such stipulation shall be filed by the defendant with the county clerk.
17 § 29. Rule 3217 of the civil practice law and rules is amended by
18 adding a new subdivision (d) to read as follows:
19 (d) All notices, stipulations, or certificates pursuant to this rule
20 shall be filed with the county clerk by the defendant.
21 § 30. Subdivisions 4, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of section
22 2402 of the surrogate's court procedure act, as amended by chapter 190
23 of the laws of 1990 and as renumbered by section 33 of part A of chapter
24 389 of the laws of 1997, are amended to read as follows:
25 4. Instruments settling accounts. For filing an instrument which
26 releases and discharges a fiduciary but does not contain any statement
27 of account, no fee shall be charged. For recording any such instrument,
28 the fee shall be [five] six dollars per page or part thereof. Upon
29 filing or recording an instrument pursuant to section 2202, the fee
30 shall be as shown by the following schedule based on the gross value of
31 assets accounted for including principal and income, and such fee shall
32 include the filing or recording of such instrument. If separate instru-
33 ments executed by several beneficiaries release and discharge the same
34 fiduciary or fiduciaries and settle in whole or in the part one and the
35 same account, only a single fee shall be charged for the filing or
36 recording of all such instruments.
37 7. The fee schedule for subdivision 1 through 7 inclusive is as
38 follows:
39 Value of Estate or Subject Matter Fee Rate
40 Less than $10,000 $ [35.00] 45.00
41 10,000 but under 20,000 [60.00] 75.00
42 20,000 but under 50,000 [170.00] 215.00
43 50,000 but under 100,000 [225.00] 280.00
44 100,000 but under 250,000 [335.00] 420.00
45 250,000 but under 500,000 [500.00] 625.00
46 500,000 and over [1,000.00] 1,250.00
47 8. (a) For filing a petition to commence the following proceedings,
48 the fee shall be as indicated:
49 SCPA Fee Rate
50 607 To punish respondent for contempt .................. $[25.00] 30.00
51 711 Suspend, modify, revoke letters or
52 remove a fiduciary other than a custodian
53 or guardian ....................................... [60.00] 75.00
S. 1406--B 63 A. 2106--B
1 711 Suspend, modify, revoke letters or
2 remove a custodian or guardian .................... [25.00] 30.00
3 715 Application of fiduciary to resign .................. [25.00] 30.00
4 717 Suspend powers-fiduciary in war ..................... [25.00] 30.00
5 1401 Compel production of will ........................... [15.00] 20.00
6 1420 Construction of will ................................ [60.00] 75.00
7 1421 Determination of right of election .................. [60.00] 75.00
8 1502 Appointment of trustee .............................. [35.00] 45.00
9 1508 Release against state ............................... [40.00] 50.00
10 1703 Appointment of guardian ............................. [15.00] 20.00
11 2003 Open safe deposit box ............................... [15.00] 20.00
12 2102 Proceedings against a fiduciary ..................... [15.00] 20.00
13 2103 Proceedings by fiduciary
14 to discover property .............................. [60.00] 75.00
15 2107 Advice and directions ............................... [60.00] 75.00
16 2108 Continue business ................................... [35.00] 45.00
17 2114 Review corporate trustee compensation ................ [7.00] 10.00
18 2205 Petition to compel fiduciary to account ............. [25.00] 30.00
19 EPTL
20 7-4.6 Appointment of successor custodian ................. [15.00] 20.00
21 (b) For filing a petition to commence a proceeding for the appointment
22 of a trustee of a lifetime trust or for the appointment of a conserva-
23 tor, the fee shall be the same as that which is payable in the supreme
24 court pursuant to section eight thousand eighteen of the civil practice
25 law and rules.
26 9. For filing:
27 Fee Rate
28 (i) a demand for trial by jury in
29 any proceeding, SCPA 502
30 $[120.00] 150.00
31 (ii) objections to the probate of a
32 will SCPA 1410
33 [120.00] 150.00
34 (iii) a note of issue in any proceeding
35 [35.00] 45.00
36 (iv) objection or answer in any
37 action or proceeding other
38 than probate
39 [60.00] 75.00
40 (v) a will for safekeeping pursuant
41 to section 2507 of this act
42 except that the court in any
43 county may reduce or dispense
44 with such fee
45 [35.00] 45.00
46 (vi) a bond, including any additional
47 bond: less than $10,000
48 [15.00] 20.00
49 $10,000 and over...................................... [25.00] 30.00
50 10. For furnishing a transcript of a decree ........... $[15.00] 20.00
51 11. For a certificate of letters evidencing that the appointment of a
52 fiduciary is still in full force and effect ............... $[5.00] 6.00
S. 1406--B 64 A. 2106--B
1 12. (a) For making and certifying or comparing and certifying a copy
2 of a will or any paper on file or recorded in his office:
3 ...................................................... $[5.00] 6.00 pg.
4 (b) Authenticating the same, additional: .............. $[15.00] 20.00
5 13. For searching and certifying to any record for which search is
6 made:
7 $[25.00] 30.00 for under 25 years
8 $[70.00] 90.00 for over 25 years
9 14. (a) For producing papers, documents, books of record on file in
10 his office under a subpoena duces tecum, for use within the county
11 where the office of the court is situated: $[25.00] 30.00
12 (b) For use in any other county, such fee to be paid for each day or
13 part thereof that the messenger is detailed from the office and to be in
14 addition to mileage fee and the necessary expenses of the messenger. The
15 clerk of the court shall not be required to make any collection or
16 return of the money so paid for expenses: $[.25] .30
17 15. For recording:
18 (a) any instrument, decree or other paper which is required by law to
19 be recorded: $[6.00] 8.00 per pg.
20 or part $[12.00] 16.00 minimum
21 (b) for filing an authenticated copy of a foreign will:
22 $[6.00] 8.00 per pg.
23 $[48.00] 64.00 minimum
24 (c) for taxing bill of costs: $[10.00] 15.00
25 § 31. Subdivisions (a) and (c) of section 1803 of the uniform district
26 court act, subdivision (a) as amended by chapter 309 of the laws of 1996
27 and subdivision (c) as added by chapter 90 of the laws of 1996, are
28 amended to read as follows:
29 (a) Small claims shall be commenced upon the payment by the claimant
30 of a filing fee of [ten] fifteen dollars for claims in the amount of one
31 thousand dollars or less and [fifteen] twenty dollars for claims in the
32 amount of more than one thousand dollars, without the service of a
33 summons and, except by special order of the court, without the service
34 of any pleading other than a statement of his cause of action by the
35 claimant or someone in his behalf to the clerk, who shall reduce the
36 same to a concise, written form and record it in a docket kept especial-
37 ly for such purpose. Such procedure shall provide for the sending of
38 notice of such claim by ordinary first class mail and certified mail
39 with return receipt requested to the party complained against at his
40 residence, if he resides within a district of the court in the county,
41 and his residence is known to the claimant, or at his office or place of
42 regular employment within such a district if he does not reside therein
43 or his residence within such a district is not known to the claimant.
44 If, after the expiration of twenty-one days, such ordinary first class
45 mailing has not been returned as undeliverable, the party complained
46 against shall be presumed to have received notice of such claim. Such
47 notice shall include a clear description of the procedure for filing a
48 counterclaim, pursuant to subdivision (c) of this section.
49 Such procedure shall further provide for an early hearing upon and
50 determination of such claim. No filing fee, however, shall be demanded
51 or received on small claims of employees who shall comply with § 1912
52 (a) of this act which is hereby made applicable, except that necessary
53 mailing costs shall be paid.
54 (c) A defendant who wishes to file a counterclaim shall do so by
55 filing with the clerk a statement containing such counterclaim within
S. 1406--B 65 A. 2106--B
1 five days of receiving the notice of claim. At the time of such filing
2 the defendant shall pay to the clerk a filing fee of [three] five
3 dollars plus the cost of mailings which are required pursuant to this
4 subdivision. The clerk shall forthwith send notice of the counterclaim
5 by ordinary first class mail to the claimant. If the defendant fails to
6 file the counterclaim in accordance with the provisions of this subdivi-
7 sion, the defendant retains the right to file the counterclaim, however
8 the claimant may, but shall not be required to, request and obtain
9 adjournment of the hearing to a later date. The claimant may reply to
10 the counterclaim but shall not be required to do so.
11 § 32. Subdivisions (a), (b) and (d) of section 1803-A of the uniform
12 district court act, subdivision (a) as amended and subdivision (d) as
13 added by chapter 90 of the laws of 1996, subdivision (b) as amended by
14 chapter 847 of the laws of 1990, and the third undesignated paragraph of
15 subdivision (b) as amended by chapter 347 of the laws of 1995, are
16 amended to read as follows:
17 (a) Commercial claims other than claims arising out of consumer trans-
18 actions shall be commenced upon the payment by the claimant of a filing
19 fee of [twenty] twenty-five dollars and the cost of mailings as herein
20 provided, without the service of a summons and, except by special order
21 of the court, without the service of any pleading other than a required
22 certification verified as to its truthfulness by the claimant on a form
23 prescribed by the state office of court administration and filed with
24 the clerk, that no more than five such actions or proceedings (including
25 the instant action or proceeding) have been instituted during that
26 calendar month, and a statement of its cause of action by the claimant
27 or someone in its behalf to the clerk, who shall reduce the same to a
28 concise, written form and record it in a filing system maintained espe-
29 cially for such purpose. Such procedure shall provide that the commer-
30 cial claims part of the court shall have no jurisdiction over, and shall
31 dismiss, any case with respect to which the required certification is
32 not made upon the attempted institution of the action or proceeding.
33 Such procedure shall provide for the sending of notice of such claim by
34 ordinary first class mail and certified mail with return receipt
35 requested to the party complained against at his residence, if he
36 resides within the municipality in which the court is located, and his
37 residence is known to the claimant, or at his office or place of regular
38 employment within such municipality if he does not reside within such
39 municipality or his residence within the municipality is not known to
40 the claimant. If, after the expiration of twenty-one days, such ordinary
41 first class mailing has not been returned as undeliverable, the party
42 complained against shall be presumed to have received notice of such
43 claim. Such notice shall include a clear description of the procedure
44 for filing a counterclaim, pursuant to subdivision (d) of this section.
45 Such procedure shall further provide for an early hearing upon and
46 determination of such claim. The hearing shall be scheduled in a manner
47 which, to the extent possible, minimizes the time the party complained
48 against must be absent from employment.
49 Either party may request that the hearing be scheduled during evening
50 hours, provided that the hearing shall not be scheduled during evening
51 hours if it would cause unreasonable hardship to either party. The court
52 shall not unreasonably deny requests for evening hearings if such
53 requests are made by the claimant upon commencement of the action or by
54 the party complained against within fourteen days of receipt of the
55 notice of claim.
S. 1406--B 66 A. 2106--B
1 (b) Commercial claims in actions arising out of consumer transactions
2 shall be commenced upon the payment by the claimant of a filing fee of
3 [twenty] twenty-five dollars and the cost of mailings as herein
4 provided, without the service of a summons and, except by special order
5 of the court, without the service of any pleading other than a required
6 statement of the cause of action by the claimant or someone on its
7 behalf to the clerk, who shall reduce the same to a concise written form
8 including the information required by subdivision (c) of this section,
9 denominate it conspicuously as a consumer transaction, and record it in
10 the docket marked as a consumer transaction, and by filing with the
11 clerk a required certificate verified as to its truthfulness by the
12 claimant on forms prescribed by the state office of court adminis-
13 tration. Such verified certificate shall certify (i) that the claimant
14 has mailed by ordinary first class mail to the party complained against
15 a demand letter, no less than ten days and no more than one hundred
16 eighty days prior to the commencement of the claim, and (ii) that, based
17 upon information and belief, the claimant has not instituted more than
18 five actions or proceedings (including the instant action or proceeding)
19 during the calendar month.
20 A form for the demand letter shall be prescribed and furnished by the
21 state office of court administration and shall require the following
22 information: the date of the consumer transaction; the amount that
23 remains unpaid; a copy of the original debt instrument or other document
24 underlying the debt and an accounting of all payments, and, if the
25 claimant was not a party to the original transaction, the names and
26 addresses of the parties to the original transaction; and a statement
27 that the claimant intends to use this part of the court to obtain a
28 judgment, that further notice of a hearing date will be sent, unless
29 payment is received by a specified date, and that the party complained
30 against will be entitled to appear at said hearing and present any
31 defenses to the claim.
32 In the event that the verified certificate is not properly completed
33 by the claimant, the court shall not allow the action to proceed until
34 the verified certificate is corrected. Notice of such claim shall be
35 sent by the clerk by both ordinary first class mail and certified mail
36 with return receipt requested to the party complained against at his
37 residence, if he resides within the municipality in which the court is
38 located, and his residence is known to the claimant, or at his office or
39 place of regular employment within such municipality if he does not
40 reside therein or his residence is not known to the claimant. If, after
41 the expiration of thirty days, such ordinary first class mailing has not
42 been returned as undeliverable, the party complained against shall be
43 presumed to have received notice of such claim.
44 Such procedure shall further provide for an early hearing upon and
45 determination of such claim. The hearing shall be scheduled in a manner
46 which, to the extent possible, minimizes the time the party complained
47 against must be absent from employment. Either party may request that
48 the hearing be scheduled during evening hours, provided that the hearing
49 shall not be scheduled during evening hours if it would cause unreason-
50 able hardship to either party. The court shall not unreasonably deny
51 requests for evening hearings if such requests are made by the claimant
52 upon commencement of the action or by the party complained against with-
53 in fourteen days of receipt of the notice of claim.
54 (d) A defendant who wishes to file a counterclaim shall do so by
55 filing with the clerk a statement containing such counterclaim within
56 five days of receiving the notice of claim. At the time of such filing
S. 1406--B 67 A. 2106--B
1 the defendant shall pay to the clerk a filing fee of [three] five
2 dollars plus the cost of mailings which are required pursuant to this
3 subdivision. The clerk shall forthwith send notice of the counterclaim
4 by ordinary first class mail to the claimant. If the defendant fails to
5 file the counterclaim in accordance with the provisions of this subdivi-
6 sion, the defendant retains the right to file the counterclaim, however
7 the claimant may, but shall not be required to, request and obtain
8 adjournment of the hearing to a later date. The claimant may reply to
9 the counterclaim but shall not be required to do so.
10 § 33. Subdivision (a) of section 1911 of the uniform district court
11 act, as amended by chapter 190 of the laws of 1990, is amended to read
12 as follows:
13 (a) There shall be paid to the clerk the following sums as court fees
14 in civil matters and there shall be no others:
15 (1) Upon the issuance of a summons, order of arrest or attachment,
16 requisition or warrant of seizure, or a notice of petition or order to
17 show cause in lieu thereof in a summary proceeding to recover real prop-
18 erty, [thirty-five] forty-five dollars.
19 (2) Upon filing the first paper in an action or proceeding, including
20 a special proceeding for the settlement of a claim of an infant or
21 incompetent, [thirty-five] forty-five dollars, unless there has been
22 paid a fee of [thirty-five] forty-five dollars for the issuance of a
23 summons, order of arrest or attachment, requisition or warrant of
24 seizure, or a notice of petition or order to show cause in lieu thereof
25 in a summary proceeding, as provided for by subparagraph (1) hereof.
26 (3) For entry of judgment upon confession, [thirty-five] forty-five
27 dollars, unless there has been paid a fee of [thirty-five] forty-five
28 dollars in accordance with the provisions of subparagraphs (1) and (2)
29 hereof.
30 (4) On filing notice of appeal, [twenty-five] thirty dollars.
31 (5) For issuing a satisfaction of judgment, or a certificate regarding
32 the judgment, [five] six dollars.
33 (6) Upon demand for a trial by jury, [fifty-five] seventy dollars; to
34 be paid by the party demanding the jury, at the time of the demand.
35 (7) For exemplification of a copy of a paper on file in the clerk's
36 office [ten] fifteen dollars.
37 (8) For certifying a copy of a paper on file in the clerk's office,
38 [five] six dollars.
39 (9) For filing a notice of trial, [thirty] forty dollars. All fees
40 shall be prepaid before the service shall be performed.
41 § 34. Subdivisions (a) and (c) of section 1803 of the New York city
42 civil court act, subdivision (a) as amended by chapter 309 of the laws
43 of 1996 and subdivision (c) as added by chapter 90 of the laws of 1996,
44 are amended to read as follows:
45 (a) Small claims shall be commenced upon the payment by the claimant
46 of a filing fee of [ten] fifteen dollars for claims in the amount of one
47 thousand dollars or less and [fifteen] twenty dollars for claims in the
48 amount of more than one thousand dollars, without the service of a
49 summons and, except by special order of the court, without the service
50 of any pleading other than a statement of his cause of action by the
51 claimant or someone in his behalf to the clerk, who shall reduce the
52 same to a concise, written form and record it in a docket kept especial-
53 ly for such purpose. Such procedure shall provide for the sending of
54 notice of such claim by ordinary first class mail and certified mail
55 with return receipt requested to the party complained against at his
56 residence, if he resides within the city of New York, and his residence
S. 1406--B 68 A. 2106--B
1 is known to the claimant, or at his office or place of regular employ-
2 ment within the city of New York if he does not reside therein or his
3 residence within the city of New York is not known to the claimant. If,
4 after the expiration of twenty-one days, such ordinary first class mail-
5 ing has not been returned as undeliverable, the party complained against
6 shall be presumed to have received notice of such claim. Such notice
7 shall include a clear description of the procedure for filing a counter-
8 claim, pursuant to subdivision (c) of this section.
9 Such procedure shall further provide for an early hearing upon and
10 determination of such claim. No filing fee, however, shall be demanded
11 or received on small claims of employees who shall comply with § 1912
12 (a) of this act which is hereby made applicable, except that necessary
13 mailing costs shall be paid.
14 (c) A defendant who wishes to file a counterclaim shall do so by
15 filing with the clerk a statement containing such counterclaim within
16 five days of receiving the notice of claim. At the time of such filing
17 the defendant shall pay to the clerk a filing fee of [three] five
18 dollars plus the cost of mailings which are required pursuant to this
19 subdivision. The clerk shall forthwith send notice of the counterclaim
20 by ordinary first class mail to the claimant. If the defendant fails to
21 file the counterclaim in accordance with the provisions of this subdivi-
22 sion, the defendant retains the right to file the counterclaim, however
23 the claimant may, but shall not be required to, request and obtain
24 adjournment of the hearing to a later date. The claimant may reply to
25 the counterclaim but shall not be required to do so.
26 § 35. Subdivisions (a), (b) and (d) of section 1803-A of the New York
27 city civil court act, subdivision (a) as amended and subdivision (d) as
28 added by chapter 90 of the laws of 1996, subdivision (b) as amended by
29 chapter 847 of the laws of 1990, and the third undesignated paragraph of
30 subdivision (b) as amended by chapter 347 of the laws of 1995, are
31 amended to read as follows:
32 (a) Commercial claims other than claims arising out of consumer trans-
33 actions shall be commenced upon the payment by the claimant of a filing
34 fee of [twenty] twenty-five dollars and the cost of mailings as herein
35 provided, without the service of a summons and, except by special order
36 of the court, without the service of any pleading other than a required
37 certification verified as to its truthfulness by the claimant on a form
38 prescribed by the state office of court administration and filed with
39 the clerk, that no more than five such actions or proceedings (including
40 the instant action or proceeding) have been instituted during that
41 calendar month, and a required statement of its cause of action by the
42 claimant or someone in its behalf to the clerk, who shall reduce the
43 same to a concise, written form and record it in a docket kept especial-
44 ly for such purpose. Such procedure shall provide that the commercial
45 claims part of the court shall have no jurisdiction over, and shall
46 dismiss, any case with respect to which the required certification is
47 not made upon the attempted institution of the action or proceeding.
48 Such procedure shall provide for the sending of notice of such claim by
49 ordinary first class mail and certified mail with return receipt
50 requested to the party complained against at his residence, if he
51 resides within the city of New York, and his residence is known to the
52 claimant, or at his office or place of regular employment within the
53 city of New York if he does not reside therein or his residence within
54 the city of New York is not known to the claimant. If, after the expira-
55 tion of twenty-one days, such ordinary first class mailing has not been
56 returned as undeliverable, the party complained against shall be
S. 1406--B 69 A. 2106--B
1 presumed to have received notice of such claim. Such notice shall
2 include a clear description of the procedure for filing a counterclaim,
3 pursuant to subdivision (d) of this section.
4 Such procedure shall further provide for an early hearing upon and
5 determination of such claim. The hearing shall be scheduled in a manner
6 which, to the extent possible, minimizes the time the party complained
7 against must be absent from employment.
8 Either party may request that the hearing be scheduled during evening
9 hours, provided that the hearing shall not be scheduled during evening
10 hours if it would cause unreasonable hardship to either party. The court
11 shall not unreasonably deny requests for evening hearings if such
12 requests are made by the claimant upon commencement of the action or by
13 the party complained against within fourteen days of receipt of the
14 notice of claim.
15 (b) Commercial claims in actions arising out of consumer transactions
16 shall be commenced upon the payment by the claimant of a filing fee of
17 [twenty] twenty-five dollars and the cost of mailings as herein
18 provided, without the service of a summons and, except by special order
19 of the court, without the service of any pleading other than a required
20 statement of the cause of action by the claimant or someone on its
21 behalf of the clerk, who shall reduce the same to a concise written form
22 including the information required by subdivision (c) of this section,
23 denominate it conspicuously as a consumer transaction, and record it in
24 the docket marked as a consumer transaction, and by filing with the
25 clerk a required certificate verified as to its truthfulness by the
26 claimant on forms prescribed by the state office of court adminis-
27 tration.
28 Such verified certificate shall certify (i) that the claimant has
29 mailed by ordinary first class mail to the party complained against a
30 demand letter, no less than ten days and no more than one hundred eighty
31 days prior to the commencement of the claim, and (ii) that, based upon
32 information and belief, the claimant has not instituted more than five
33 actions or proceedings (including the instant action or proceeding)
34 during the calendar month.
35 A form for the demand letter shall be prescribed and furnished by the
36 state office of court administration and shall require the following
37 information: the date of the consumer transaction; the amount that
38 remains unpaid; a copy of the original debt instrument or other document
39 underlying the debt and an accounting of all payments, and, if the
40 claimant was not a party to the original transaction, the names and
41 addresses of the parties to the original transaction; and a statement
42 that the claimant intends to use this part of the court to obtain a
43 judgment, that further notice of a hearing date will be sent, unless
44 payment is received by a specified date, and that the party complained
45 against will be entitled to appear at said hearing and present any
46 defenses to the claim.
47 In the event that the verified certificate is not properly completed
48 by the claimant, the court shall not allow the action to proceed until
49 the verified certificate is corrected. Notice of such claim shall be
50 sent by the clerk by both ordinary first class mail and certified mail
51 with return receipt requested to the party complained against at his
52 residence, if he resides within the city of New York, and his residence
53 is known to the claimant, or at his office or place of regular employ-
54 ment within the city of New York if he does not reside therein or his
55 residence within the city of New York is not known to the claimant. If,
56 after the expiration of thirty days, such ordinary first class mailing
S. 1406--B 70 A. 2106--B
1 has not been returned as undeliverable, the party complained against
2 shall be presumed to have received notice of such claim.
3 Such procedure shall further provide for an early hearing upon and
4 determination of such claim. The hearing shall be scheduled in a manner
5 which, to the extent possible, minimizes the time the party complained
6 against must be absent from employment. Either party may request that
7 the hearing be scheduled during evening hours, provided that the hearing
8 shall not be scheduled during evening hours if it would cause unreason-
9 able hardship to either party. The court shall not unreasonably deny
10 requests for evening hearings if such requests are made by the claimant
11 upon commencement of the action or by the party complained against with-
12 in fourteen days of receipt of the notice of claim.
13 (d) A defendant who wishes to file a counterclaim shall do so by
14 filing with the clerk a statement containing such counterclaim within
15 five days of receiving the notice of claim. At the time of such filing
16 the defendant shall pay to the clerk a filing fee of [three] five
17 dollars plus the cost of mailings which are required pursuant to this
18 subdivision. The clerk shall forthwith send notice of the counterclaim
19 by ordinary first class mail to the claimant. If the defendant fails to
20 file the counterclaim in accordance with the provisions of this subdivi-
21 sion, the defendant retains the right to file the counterclaim, however
22 the claimant may, but shall not be required to, request and obtain
23 adjournment of the hearing to a later date. The claimant may reply to
24 the counterclaim but shall not be required to do so.
25 § 36. Section 1911 of the New York city civil court act, as amended by
26 chapter 190 of the laws of 1990, is amended to read as follows:
27 § 1911. Fees payable to the clerk. There shall be paid to the clerk
28 the following sums as court fees in an action:
29 (a) Upon issuance of a summons, order of arrest or attachment, or
30 requisition or warrant of seizure by the clerk, together with copies
31 thereof, [thirty-five] forty-five dollars.
32 (b) Upon filing summons with proof of service thereof, or upon filing
33 of the first paper in that county in any action or proceeding, [thirty-
34 five] forty-five dollars, unless there has been paid in that county a
35 fee of [thirty-five] forty-five dollars pursuant to subdivision (a)
36 hereof.
37 (c) Upon filing an infant's compromise, where no summons was filed,
38 [thirty] forty dollars.
39 (d) On filing a notice of trial, [thirty] forty dollars.
40 (e) For entry of judgment upon confession, [thirty-five] forty-five
41 dollars, unless there has been paid a fee pursuant to subdivision (a) or
42 subdivision (b) hereof.
43 (f) On filing notice of appeal, [twenty-five] thirty dollars.
44 (g) For issuing a satisfaction of judgment, or a certificate regarding
45 the judgment, [five] six dollars.
46 (h) Upon demand for a trial by jury, [fifty-five] seventy dollars; to
47 be paid by the party demanding the jury, at the time of demand.
48 (i) For exemplification of any paper filed, [ten] fifteen dollars.
49 (j) For certifying a copy of a paper on file in the clerk's office,
50 [five] six dollars.
51 (k) For issuing a notice of petition, or an order to show cause in
52 lieu thereof, in a summary proceeding to recover possession of real
53 property, [thirty-five] forty-five dollars.
54 (l) For issuing a petition for change of name, [fifty] sixty-five
55 dollars.
S. 1406--B 71 A. 2106--B
1 (m) For any other matter, not provided for above, for which there
2 would be a fee payable in the supreme court of a county within the city
3 of New York, the same fee.
4 All fees shall be prepaid before the service shall be performed.
5 § 37. The vehicle and traffic law is amended by adding a new section
6 1809-c to read as follows:
7 § 1809-c. Additional surcharge required for certain violations relat-
8 ing to driving while intoxicated and driving while impaired. 1.
9 Notwithstanding any other provision of law, whenever proceedings in a
10 court of this state result in a conviction pursuant to section eleven
11 hundred ninety-two of this chapter, there shall be levied, in addition
12 to any sentence or other surcharge required or permitted by law, an
13 additional surcharge of twenty-five dollars.
14 2. The additional surcharge provided for in subdivision one of this
15 section shall be paid to the clerk of the court that rendered the
16 conviction. Within the first ten days of the month following collection
17 of the surcharge the collecting authority shall determine the amount of
18 surcharge collected and it shall pay such money to the state comptroller
19 who shall deposit such money in the state treasury pursuant to section
20 one hundred twenty-one of the state finance law to the credit of the
21 general fund.
22 3. The provisions of subdivision three of section two hundred twenty-
23 seven, subdivision four-a of section five hundred ten, and subdivision
24 three of section five hundred fourteen of this chapter governing actions
25 which may be taken for failure to pay a fine or penalty shall be appli-
26 cable to the additional surcharge imposed pursuant to this section.
27 § 38. This act shall take effect immediately; provided that:
28 (a) sections one, two, three and five of this act shall take effect
29 January 1, 2004 and shall apply to representation provided on or after
30 such date; provided, however, a county or a city in which a county is
31 wholly contained may, by local law, elect to have the provisions of
32 section two, three or five of this act take effect prior to such date;
33 (b) sections six through eleven of this act shall take effect on the
34 one hundred twentieth day after it shall have become a law;
35 (c) section thirteen of this act shall be repealed June 30, 2006;
36 (d) sections fourteen, fifteen, sixteen, seventeen and twenty-two
37 through thirty-six of this act shall take effect on the sixtieth day
38 after it shall have become a law;
39 (e) sections eighteen, twenty, twenty-one and thirty-seven of this act
40 shall take effect on the one hundred eightieth day after it shall have
41 become a law;
42 (f) the amendments to section 235 of the vehicle and traffic law made
43 by section eighteen of this act shall not affect the expiration of such
44 section and shall be deemed to expire therewith;
45 (g) the amendments to section 376 of chapter 166 of the laws of 1991,
46 made by section twenty of this act, shall not affect the repeal of such
47 section and shall be deemed repealed therewith; and
48 (h) the amendments to subdivisions 1 and 2 of section 1809-a of the
49 vehicle and traffic law, made by section twenty-one of this act, shall
50 not affect the repeal of such section and shall be deemed repealed ther-
51 ewith.
52 PART K
53 Section 1. The executive law is amended by adding a new section 837-q
54 to read as follows:
S. 1406--B 72 A. 2106--B
1 § 837-q. Payments to Westchester county for policing special parkways.
2 The commissioner of the division of criminal justice services is hereby
3 authorized and directed, pursuant to annual appropriations, to make
4 payments to Westchester county for costs associated with policing
5 special parkways as defined in subdivision two of section seventy of the
6 transportation law.
7 § 2. This act shall take effect immediately.
8 PART L
9 Section 1. Subdivision 3 of section 17 of the alcoholic beverage
10 control law, as amended by chapter 114 of the laws of 2000, is amended
11 to read as follows:
12 3. To revoke, cancel or suspend for cause any license or permit issued
13 under this chapter and/or to impose a civil penalty for cause against
14 any holder of a license or permit issued pursuant to this chapter. Any
15 civil penalty so imposed shall not exceed the sum of ten thousand
16 dollars as against the holder of any retail permit issued pursuant to
17 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d and
18 paragraph f of subdivision one of section ninety-nine-b of this chapter
19 and as against the holder of any retail license issued pursuant to
20 sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
21 fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
22 sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
23 and the sum of thirty thousand dollars as against the holder of a
24 license issued pursuant to sections fifty-three, seventy-six, seventy-
25 six-a and seventy-eight of this chapter, provided that the civil penalty
26 against the holder of a wholesale license issued pursuant to section
27 fifty-three of this chapter shall not exceed the sum of ten thousand
28 dollars where that licensee violates provisions of this chapter during
29 the course of the sale of beer at retail to a person for consumption at
30 home, and the sum of one hundred thousand dollars as against the holder
31 of any license issued pursuant to sections fifty-one, sixty-one and
32 sixty-two of this chapter. Any civil penalty so imposed shall be in
33 addition to and separate and apart from the terms and provisions of the
34 bond required pursuant to section one hundred twelve of this chapter.
35 Provided that no appeal is pending on the imposition of such civil
36 penalty, in the event such civil penalty imposed by the division remains
37 unpaid, in whole or in part, more than forty-five days after written
38 demand for payment has been sent by first class mail to the address of
39 the licensed premises, a notice of impending default judgment shall be
40 sent by first class mail to the licensed premises and by first class
41 mail to the last known home address of the person who signed the most
42 recent license application. The notice of impending default judgment
43 shall advise the licensee: (a) that a civil penalty was imposed on the
44 licensee; (b) the date the penalty was imposed; (c) the amount of the
45 civil penalty; (d) the amount of the civil penalty that remains unpaid
46 as of the date of the notice; (e) the violations for which the civil
47 penalty was imposed; and (f) that a judgment by default will be entered
48 in the supreme court of the county in which the licensed premises are
49 located, or other court of civil jurisdiction or any other place
50 provided for the entry of civil judgments within the state of New York
51 unless the division receives full payment of all civil penalties due
52 within twenty days of the date of the notice of impending default judg-
53 ment. If full payment shall not have been received by the division with-
54 in thirty days of mailing of the notice of impending default judgment,
S. 1406--B 73 A. 2106--B
1 the division shall proceed to enter with such court a statement of the
2 default judgment containing the amount of the penalty or penalties
3 remaining due and unpaid, along with proof of mailing of the notice of
4 impending default judgment. The filing of such judgment shall have the
5 full force and effect of a default judgment duly docketed with such
6 court pursuant to the civil practice law and rules and shall in all
7 respects be governed by that chapter and may be enforced in the same
8 manner and with the same effect as that provided by law in respect to
9 execution issued against property upon judgments of a court of record.
10 A judgment entered pursuant to this subdivision shall remain in full
11 force and effect for eight years notwithstanding any other provision of
12 law.
13 § 2. This act shall take effect April 1, 2003.
14 PART M
15 Section 1. Subdivision 1 of section 60.35 of the penal law, as amended
16 by section 1 of part L of chapter 57 of the laws of 2000, is amended to
17 read as follows:
18 1. Except as provided in section eighteen hundred nine of the vehicle
19 and traffic law and section 27.12 of the parks, recreation and historic
20 preservation law, whenever proceedings in an administrative tribunal or
21 a court of this state result in a conviction for a felony, a misdemea-
22 nor, or a violation, as these terms are defined in section 10.00 of this
23 chapter, there shall be levied at sentencing a mandatory surcharge and a
24 crime victim assistance fee in addition to any sentence required or
25 permitted by law, in accordance with the following schedule:
26 (a) a person convicted of a felony shall pay a mandatory surcharge of
27 two hundred fifty dollars and a crime victim assistance fee of [ten]
28 twenty dollars;
29 (b) a person convicted of a misdemeanor shall pay a mandatory
30 surcharge of one hundred [ten] forty dollars and a crime victim assist-
31 ance fee of [ten] twenty dollars;
32 (c) a person convicted of a violation shall pay a mandatory surcharge
33 of [fifty] seventy-five dollars and a crime victim assistance fee of
34 [ten] twenty dollars.
35 § 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
36 amended by section 2 of part L of chapter 57 of the laws of 2000, is
37 amended to read as follows:
38 1. Whenever proceedings in an administrative tribunal or a court of
39 this state result in a conviction for an offense under this chapter or a
40 traffic infraction under this chapter, or a local law, ordinance, rule
41 or regulation adopted pursuant to this chapter, other than a traffic
42 infraction involving standing, stopping, or parking or violations by
43 pedestrians or bicyclists, or other than an adjudication of liability of
44 an owner for a violation of subdivision (d) of section eleven hundred
45 eleven of this chapter in accordance with section eleven hundred
46 eleven-a of this chapter, there shall be levied a crime victim assist-
47 ance fee and a mandatory surcharge, in addition to any sentence required
48 or permitted by law, in accordance with the following schedule:
49 (a) Whenever proceedings in an administrative tribunal or a court of
50 this state result in a conviction for a traffic infraction pursuant to
51 article nine of this chapter, there shall be levied a crime victim
52 assistance fee in the amount of five dollars and a mandatory surcharge,
53 in addition to any sentence required or permitted by law, in the amount
54 of [twenty] twenty-five dollars.
S. 1406--B 74 A. 2106--B
1 (b) Whenever proceedings in an administrative tribunal or a court of
2 this state result in a conviction for a misdemeanor or felony pursuant
3 to section eleven hundred ninety-two of this chapter, there shall be
4 levied, in addition to any sentence required or permitted by law, a
5 crime victim assistance fee in the amount of [ten] twenty dollars and a
6 mandatory surcharge in accordance with the following schedule:
7 (i) a person convicted of a felony shall pay a mandatory surcharge of
8 two hundred fifty dollars;
9 (ii) a person convicted of a misdemeanor shall pay a mandatory
10 surcharge of one hundred [ten] forty dollars.
11 (c) Whenever proceedings in an administrative tribunal or a court of
12 this state result in a conviction for an offense under this chapter
13 other than a crime pursuant to section eleven hundred ninety-two of this
14 chapter, or a traffic infraction under this chapter, or a local law,
15 ordinance, rule or regulation adopted pursuant to this chapter, other
16 than a traffic infraction involving standing, stopping, or parking or
17 violations by pedestrians or bicyclists, or other than an adjudication
18 of liability of an owner for a violation of subdivision (d) of section
19 eleven hundred eleven of this chapter in accordance with section eleven
20 hundred eleven-a of this chapter or other than an infraction pursuant to
21 article nine of this chapter or other than an adjudication of liability
22 of an owner for a violation of toll collection regulations pursuant to
23 section two thousand nine hundred eighty-five of the public authorities
24 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
25 hundred seventy-four of the laws of nineteen hundred fifty, there shall
26 be levied a crime victim assistance fee in the amount of five dollars
27 and a mandatory surcharge, in addition to any sentence required or
28 permitted by law, in the amount of [thirty] forty-five dollars.
29 § 3. Subdivision 2 of section 1809 of the vehicle and traffic law, as
30 amended by chapter 55 of the laws of 1992, is amended to read as
31 follows:
32 2. Where a person is convicted of two or more such crimes or traffic
33 infractions committed through a single act or omission, or through an
34 act or omission which in itself constituted one of the crimes or traffic
35 infractions and also was a material element of the other, the court or
36 administrative tribunal shall impose a crime victim assistance fee and a
37 mandatory surcharge mandated by subdivision one of this section for each
38 such conviction; provided however, that in no event shall the total
39 amount of such crime victim assistance fees and mandatory surcharges
40 imposed pursuant to paragraph (a) or (c) of subdivision one of this
41 section exceed [fifty] one hundred dollars.
42 § 4. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law; provided, however, that the amendments made
44 to subdivisions 1 and 2 of section 1809 of the vehicle and traffic law
45 by sections two and three of this act shall not affect the expiration
46 and reversion of such subdivisions and shall be deemed expired there-
47 with.
48 PART N
49 Section 1. Section 259-j of the executive law, as amended by chapter 1
50 of the laws of 1998, is amended to read as follows:
51 § 259-j. [Discharge] Merit termination of sentence and discharge from
52 presumptive release, parole and conditional release. 1. The division of
53 parole may grant to any person a merit termination of sentence from
54 presumptive release, parole or from conditional release prior to the
S. 1406--B 75 A. 2106--B
1 expiration of the full term or maximum term, provided it is determined
2 by the division of parole that such merit termination is in the best
3 interests of society, such person is not required to register as a sex
4 offender pursuant to article six-c of the correction law, and such
5 person is not on presumptive release, parole or conditional release from
6 a term of imprisonment imposed for any of the following offenses, or for
7 an attempt to commit any of the following offenses:
8 (a) a violent felony offense as defined in section 70.02 of the penal
9 law;
10 (b) murder in the first degree or murder in the second degree;
11 (c) an offense defined in article one hundred thirty of the penal law;
12 (d) unlawful imprisonment in the first degree, kidnapping in the first
13 degree, or kidnapping in the second degree, in which the victim is less
14 than seventeen years old and the offender is not the parent of the
15 victim;
16 (e) an offense defined in article two hundred thirty of the penal law
17 involving the prostitution of a person less than nineteen years old;
18 (f) disseminating indecent material to minors in the first degree or
19 disseminating indecent material to minors in the second degree;
20 (g) incest;
21 (h) an offense defined in article two hundred sixty-three of the penal
22 law;
23 (i) a hate crime as defined in section 485.05 of the penal law; or
24 (j) an offense defined in article four hundred ninety of the penal
25 law.
26 2. A merit termination granted by the division of parole under this
27 section shall constitute a termination of the sentence with respect to
28 which it was granted. No such merit termination shall be granted unless
29 the division of parole is satisfied that termination of sentence from
30 presumptive release, parole or from conditional release is in the best
31 interest of society, and that the parolee or releasee, otherwise finan-
32 cially able to comply with an order of restitution and the payment of
33 any mandatory surcharge previously imposed by a court of competent
34 jurisdiction, has made a good faith effort to comply therewith.
35 3. A merit termination of sentence may be granted after two years of
36 presumptive release or parole to a person serving a sentence for a class
37 A felony offense as defined in article two hundred twenty of the penal
38 law. A merit termination of sentence may be granted to all other eligi-
39 ble persons after one year of presumptive release, parole or conditional
40 release.
41 4. Except where a determinate sentence or a sentence with a maximum
42 term of life imprisonment was imposed for a felony other than a felony
43 defined in article two hundred twenty of the penal law, if the board of
44 parole is satisfied that an absolute discharge from presumptive release,
45 parole or [from] conditional release is in the best interests of socie-
46 ty, the board may grant such a discharge prior to the expiration of the
47 full term or maximum term to any person who has been on unrevoked
48 presumptive release, parole or conditional release for at least three
49 consecutive years. A discharge granted under this section shall consti-
50 tute a termination of the sentence with respect to which it was granted.
51 No such discharge shall be granted unless the board of parole is satis-
52 fied that the parolee or releasee, otherwise financially able to comply
53 with an order of restitution and the payment of any mandatory surcharge
54 previously imposed by a court of competent jurisdiction, has made a good
55 faith effort to comply therewith.
S. 1406--B 76 A. 2106--B
1 5. The chairman of the board of parole shall promulgate rules and
2 regulations governing the issuance of merit terminations of sentence and
3 discharges from presumptive release, parole and conditional release to
4 assure that such terminations and discharges are consistent with public
5 safety.
6 § 2. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2003; provided,
8 however, that the amendments to section 259-j of the executive law made
9 by section one of this act shall not affect the expiration of such
10 section 259-j, as provided in subdivision d of section 74 of chapter 3
11 of the laws of 1995.
12 PART O
13 Section 1. Subdivision 5 of section 359-e of the general business law,
14 as amended by chapter 61 of the laws of 1989, is amended to read as
15 follows:
16 5. The department of law shall collect the following fees: (a) [eight]
17 twelve hundred dollars for each broker-dealer's statement; (b) [eight]
18 twelve hundred dollars for each broker-dealer's statement filed by a
19 person, firm, association or corporation selling or offering for sale
20 from or to the public within or from this state securities issued by it
21 for any amount in excess of five hundred thousand dollars; (c) [two]
22 three hundred dollars for each broker-dealer's statement filed by a
23 person, firm, association or corporation selling or offering for sale
24 from or to the public within or from this state securities issued by it
25 for any amount of five hundred thousand dollars or less; (d) [two] three
26 hundred dollars for each broker-dealer's statement filed by a person,
27 firm, association or corporation solely for the purpose of selling or
28 offering for sale from or to the public within or from this state secu-
29 rities consisting of condominiums, shares of cooperative apartment
30 corporations or commercial cooperative corporations, interests in home-
31 owners associations or interests in timeshare projects, plus [ten]
32 fifteen dollars for each partner, officer, director or principal of any
33 such firm, association or corporation; (e) one hundred fifty dollars for
34 each salesman's statement; (f) [twenty] thirty dollars for each supple-
35 mental statement; (g) [two] three hundred dollars for each application
36 granted pursuant to subdivision two of section three hundred
37 fifty-nine-f of this article; and (h) [one] two hundred [fifty] twenty-
38 five dollars for the issuance of a "no filing required letter"; these
39 fees shall obtain for both original statements and their renewals. No
40 fee, however, shall be collected for filing a supplemental statement by
41 a salesman cancelling his prior registration as such salesman.
42 Any partner, officer, director or principal who is named as such in a
43 broker-dealer statement and who shall act as a salesman for such broker
44 or dealer, shall not be required to register as a salesman.
45 § 2. Paragraph (a) of subdivision 7 of section 352-e of the general
46 business law, as amended by chapter 61 of the laws of 1989, is amended
47 to read as follows:
48 (a) The department of law shall collect the following fees for the
49 filing of each offering statement or prospectus as described in subdivi-
50 sion one of this section: [five] seven hundred fifty dollars for every
51 offering not in excess of two hundred fifty thousand dollars; for every
52 offering in excess of two hundred fifty thousand dollars, [two-tenths]
53 four-tenths of one percent of the total amount of the offering but not
54 in excess of twenty thousand dollars of which one-half of said amount
S. 1406--B 77 A. 2106--B
1 shall be a nonrefundable deposit paid at the time of submitting the
2 offering statement to the department of law for review and the balance
3 payable upon the issuance of a letter of acceptance for filing said
4 offering statement. The department of law shall, in addition, collect a
5 fee of [one] two hundred [fifty] twenty-five dollars for each amendment
6 to an offering statement. For each application granted by the depart-
7 ment of law which permits the applicant to solicit public interest or
8 public funds preliminary to the filing of an offering statement or for
9 the issuance of a "no-filing required" letter, the department of law
10 shall collect a fee of [one] two hundred [fifty] twenty-five dollars. In
11 the event the sponsor thereafter files an offering statement, the fee
12 paid for the preliminary application shall be credited against the
13 balance of the fee due and payable on filing. For each application
14 granted pursuant to section three hundred fifty-two-g of this article,
15 the department of law shall collect a fee of two-tenths of one percent
16 of the amount of the offering of securities; however, the minimum fee
17 shall be [five] seven hundred fifty dollars and the maximum fee shall be
18 twenty thousand dollars.
19 § 3. This act shall take effect on the ninetieth day after it shall
20 have become a law.
21 PART P
22 Section 1. Subdivision 6 of section 301 of the abandoned property law
23 is REPEALED.
24 § 2. Subparagraph (iii) of paragraph (h) of subdivision 1 of section
25 300 of the abandoned property law, as added by chapter 166 of the laws
26 of 1991, is amended to read as follows:
27 (iii) The certified letters required to be mailed to apparent owners
28 of securities enrolled in a reinvestment plan pursuant to subdivision
29 two of section five hundred one of this chapter shall be mailed in the
30 same manner and at the same time as specified in [subdivision six of
31 section three hundred one of] this article, except that such certified
32 mail must be made to the apparent owners of such securities regardless
33 of the amount.
34 § 3. Section 1315 of the abandoned property law is amended by adding a
35 new subdivision 4 to read as follows:
36 4. Any amount representing an unpaid check or draft issued by the
37 state of New York which shall have remained unpaid after one year from
38 the date of issuance in accordance with section one hundred two of the
39 state finance law shall be deemed abandoned property and shall be paid
40 to the state comptroller.
41 § 4. Subdivision 7 of section 1317 of the abandoned property law is
42 REPEALED.
43 § 5. Subdivision 2 of section 1406 of the abandoned property law, as
44 amended by chapter 643 of the laws of 1989, is amended to read as
45 follows:
46 2. (a) Claim in the amount or value of [fifteen hundred] five thousand
47 dollars or more for any abandoned property heretofore paid to the state
48 pursuant to section forty-four of chapter fifty-eight of the laws of
49 nineteen hundred nine or as such section was amended by chapter two
50 hundred seventeen of the laws of nineteen hundred thirty-three and chap-
51 ter two hundred thirty-one of the laws of nineteen hundred thirty-eight,
52 or hereafter paid to the state comptroller pursuant to paragraph (a) of
53 subdivision one of section six hundred of this chapter, may be estab-
54 lished only on order of the court which had original jurisdiction of the
S. 1406--B 78 A. 2106--B
1 underlying matter, after service of notice upon the state comptroller
2 and upon due notice to all parties to the action or proceeding which
3 resulted in the monies being paid into court. Any other provision of law
4 to the contrary notwithstanding, if an order directing payment by the
5 state comptroller is made by the court, the claimant or the claimant's
6 attorney shall serve upon the state comptroller a copy thereof, duly
7 certified by the clerk of the court to be a true copy of the original of
8 such order on file in the clerk's office.
9 (b) Where the value or amount of the claim is less than [fifteen
10 hundred] five thousand dollars, payment may be made by the state comp-
11 troller on sworn application[, where the name and last known address of
12 the person or persons entitled to payment and any other identifying
13 information as appearing on the records of the court into which payment
14 was made is included in the report which accompanied the payment of
15 abandoned property pursuant to subdivision one of section six hundred
16 two of this chapter and] of the claimant when the identity of the claim-
17 ant as the person entitled to payment is established to the satisfaction
18 of the state comptroller. When, in the determination of the state comp-
19 troller, [the identifying information included in the report] there is
20 insufficient information to enable the state comptroller to make a
21 determination of entitlement, any claim, including a claim the amount of
22 which is less than [fifteen hundred] five thousand dollars, must be
23 established on order of the court as set forth in paragraph (a) of this
24 subdivision. The decision of the state comptroller that the information
25 is insufficient shall not be deemed a denial of the claim.
26 § 6. The abandoned property law is amended by adding a new section
27 1422 to read as follows:
28 § 1422. Mailing of notice to owners of record. 1. Any holder of
29 unclaimed funds which is not otherwise required to perform owner notifi-
30 cation mailings under the provisions of this chapter shall send, not
31 less than ninety days prior to the applicable reporting date for such
32 unclaimed property, a written notice by first-class mail to each person
33 appearing to be the owner of property listed in a report of abandoned
34 property required to be filed under the provisions of this chapter, at
35 the address of the owner as it appears on the books and records of the
36 holder; provided, however, that the foregoing requirements shall not
37 apply where (a) the holder does not have an address for the owner; or
38 (b) the holder can demonstrate that the only address that the holder has
39 pertaining to the owner is not the current address of the owner.
40 2. Where notice is required by subdivision one of this section, each
41 holder shall, with respect to property listed in such report whose value
42 is in excess of one thousand dollars, send a second written notice to
43 the owner by certified mail, return receipt requested not less than
44 sixty days prior to the applicable reporting date for such unclaimed
45 property, provided that no notice pursuant to this subdivision shall be
46 required where: (a) such holder has received a claim from the owner of
47 the property; or (b) the original mailing was returned as undeliverable.
48 3. The written notice required by this section shall advise the owner
49 that the property to which the owner appears to be entitled will be
50 reported as abandoned property and will be remitted to the state comp-
51 troller unless such property is claimed by an entitled party before the
52 required remittance date.
53 4. The failure of any holder of abandoned property to comply with the
54 requirements of this section shall not in any way affect the reporting
55 of abandoned property pursuant to the provisions of this chapter.
S. 1406--B 79 A. 2106--B
1 5. Costs paid to the postal authorities by holders of unclaimed prop-
2 erty to provide such written notice by certified mail, return receipt
3 requested, may be deducted from the property as a service charge.
4 § 7. Section 102 of the state finance law, as amended by chapter 618
5 of the laws of 1986, is amended to read as follows:
6 § 102. Amounts of unpaid checks to be paid into [general] abandoned
7 property fund. Upon audit and statement of the comptroller, the amounts
8 of all checks or drafts on bank accounts of any funds of the state which
9 checks or drafts have not been paid and which shall have been outstand-
10 ing for more than [three years] one year from the respective dates ther-
11 eof, shall be paid into the [treasury of the state by the proper
12 disbursing officers or agents of such funds, to the credit of the gener-
13 al fund] abandoned property fund pursuant to subdivision four of section
14 one thousand three hundred fifteen of the abandoned property law. [Upon
15 payment into the treasury such] The proper disbursing officers or agents
16 of such funds shall notify the bank or banks on which such checks or
17 drafts were drawn not to pay the same. The comptroller shall keep a
18 record of all such checks or drafts and upon presentation to him by the
19 lawful holder of any such check or draft at any time, the amount of
20 which shall thus have been paid into the state treasury to the credit of
21 the general fund, the comptroller, to the extent appropriations are
22 available, shall issue a new check or draft to the payee upon submission
23 of proof satisfactory to the comptroller as to the legitimacy of the
24 claim and, if insufficient appropriations are available, shall include
25 in his next request for appropriations by the legislature the amount or
26 amounts of any such checks or drafts so presented to him, for the
27 purpose of payment without interest to the lawful holder or holders
28 thereof.
29 § 8. This act shall take effect immediately; provided, however, that
30 sections three and seven of this act shall take effect April 1, 2003.
31 PART Q
32 Section 1. Subsection (b) of section 9110 of the insurance law, as
33 added by section 386 of chapter 55 of the laws of 1992, is amended to
34 read as follows:
35 (b) The annual fee is hereby imposed at the rate of [one dollar] five
36 dollars per insured motor vehicle registered pursuant to the provisions
37 of paragraph (b) of subdivision one of section four hundred one of the
38 vehicle and traffic law. Such fee will be paid monthly by insurance
39 companies to the superintendent on or before the fifteenth of the month
40 next succeeding the month in which such collections are received.
41 § 2. Subsection (e) of section 9110 of the insurance law, as amended
42 by chapter 170 of the laws of 1994, is amended to read as follows:
43 (e) All moneys received by the superintendent which are collected from
44 policyholders of insurance on passenger motor vehicles subject to the
45 provisions of paragraph (a) of subdivision six of section four hundred
46 one of the vehicle and traffic law shall be paid to the state police
47 motor vehicle law enforcement account established pursuant to section
48 ninety-seven-mm of the state finance law by the tenth day of the month
49 following receipt of such collections. By the end of [each] fiscal year
50 2003-2004, any moneys paid to the state police motor vehicle law
51 enforcement account established pursuant to section ninety-seven-mm of
52 the state finance law which exceed [nine million one hundred thousand]
53 fifty-one million eight hundred thousand dollars shall be paid to the
S. 1406--B 80 A. 2106--B
1 motor vehicle theft and insurance fraud prevention fund established
2 pursuant to section eighty-nine-d of the state finance law.
3 § 3. Subdivision 3 of section 97-mm of the state finance law, as added
4 by section 387 of chapter 55 of the laws of 1992, is amended to read as
5 follows:
6 3. [Moneys] Nine million one hundred thousand dollars annually of the
7 state police motor vehicle law enforcement account, following appropri-
8 ation by the legislature and allocation by the director of the budget,
9 shall be made available for the state operation expenses of the division
10 of state police including but not limited to the costs of activities
11 relating to the detection, prosecution or reduction of automobile theft
12 and related purposes. Forty-two million seven hundred thousand dollars
13 of the state police motor vehicle law enforcement account, following
14 appropriation by the legislature and allocation by the director of the
15 budget, shall be made available for the state operation expenses of the
16 division of state police including but not limited to the costs of
17 activities relating to highway safety and public security.
18 § 4. Paragraphs (b) and (d) of subdivision 2 and subdivision 3 of
19 section 846-m of the executive law, as amended by section 6 of part T of
20 chapter 57 of the laws of 2000, are amended to read as follows:
21 (b) Activities eligible for funding include, but are not limited to,
22 the following: prosecution and adjudication services; law enforcement
23 services; neighborhood or community based programs designed to reduce
24 the incidence of motor vehicle theft and motor vehicle insurance fraud;
25 educational programs designed to inform owners of motor vehicles
26 concerning activities designed to prevent the incidence of theft of
27 motor vehicles and fraudulent claims practices; and programs designed to
28 examine, evaluate and make recommendations relating to the efficacy of
29 motor vehicle theft prevention devices or methods including, but not
30 limited to, passive tracking devices designed to identify the location
31 of a motor vehicle at any given point in time and window glass etching
32 with vehicle identification numbers or any other unique identifying
33 symbol including decal programs such as New York city's operation combat
34 auto theft (C.A.T.) funds provided under this program shall be used to
35 augment, and not to supplant, the provider agency's current funding, if
36 any, for motor vehicle theft and insurance fraud detection, prevention,
37 or reduction activities, and shall only be used to fund pilot programs
38 of a specified duration not to extend beyond July first, two thousand
39 [three] six.
40 (d) The state comptroller shall conduct an audit of all moneys
41 received and expended by the fund as well as all other funds expended
42 from any other source for the purposes of this program, and shall submit
43 a written report detailing such audit to the governor and legislature on
44 or before March first, two thousand [three] six.
45 3. This article shall expire on July first, two thousand [three] six.
46 § 5. Subdivision (bbb) of section 427 of chapter 55 of the laws of
47 1992, amending the tax law generally and enacting the omnibus revenue
48 act of 1992, as amended by section 7 of part T of chapter 57 of the laws
49 of 2000, is amended to read as follows:
50 (bbb) the provisions of subdivision (f) of section 9110 of the insur-
51 ance law as added by section three hundred eighty-six of this act and
52 section 89-d of the state finance law as added by section three hundred
53 eighty-eight of this act shall expire on July 1, [2003] 2006.
54 § 6. Section 9 of part T of chapter 57 of the laws of 2000, amending
55 the state finance law relating to a report on automobile theft
S. 1406--B 81 A. 2106--B
1 prevention activities of the state police, is amended to read as
2 follows:
3 § 9. This act shall take effect immediately provided, however, that
4 the amendments to sections 846-j, 846-k, 846-l and 846-m of the execu-
5 tive law made by this act shall not affect the expiration of such
6 sections and shall be deemed to expire therewith; provided, further,
7 however, that the provisions of subdivision 4 of section 97-mm of the
8 state finance law, as added by section eight of this act, shall expire
9 and be deemed repealed on July 1, [2003] 2006.
10 § 7. This act shall take effect immediately, provided that sections
11 one, two and three of this act shall take effect June 1, 2003; and
12 provided further that the amendments made to subsection (b) of section
13 9110 of the insurance law made by section one of this act shall expire
14 and be deemed repealed on July 1, 2005 and the provisions of such
15 subsection shall be read as such provisions existed on the date imme-
16 diately preceding the effective date of this act; and provided further
17 that the amendments made to subsection (e) of section 9110 of the insur-
18 ance law made by section two of this act and the amendments made to
19 subdivision 3 of section 97-mm of the state finance law made by section
20 three of this act shall expire and be deemed repealed on March 31, 2004
21 and the provisions of such subsection and such subdivision shall be read
22 as such provisions existed on the date immediately preceding the effec-
23 tive date of this act.
24 PART R
25 Section 1. Section 2 of chapter 21 of the laws of 2003 amending the
26 executive law, relating to permitting the secretary of state to provide
27 special handling for all documents filed or issued by the division of
28 corporations and to permit additional levels of such expedited service,
29 is amended to read as follows:
30 § 2. This act shall take effect immediately, provided however, that
31 section one of this act shall be deemed to have been in full force and
32 effect on and after April 1, 2003 and shall expire [April 30, 2003]
33 March 31, 2004.
34 § 2. This act shall take effect immediately.
35 PART S
36 Section 1. Section 1-e of the legislative law, as added by chapter 2
37 of the laws of 1999, is amended to read as follows:
38 § 1-e. Statement of registration. (a) (1) Every lobbyist shall annual-
39 ly file with the commission, on forms provided by the commission, a
40 statement of registration for each calendar year; provided, however,
41 that the filing of such statement of registration shall not be required
42 of any lobbyist who (i) in any year does not expend, incur or receive an
43 amount in excess of two thousand dollars of reportable compensation and
44 expenses, as provided in paragraph five of subdivision (b) of section
45 one-h of this article, for the purposes of lobbying or (ii) is an offi-
46 cer, director, trustee or employee of any public corporation, when
47 acting in such official capacity; provided however, that nothing in this
48 section shall be construed to relieve any public corporation of the
49 obligation to file such statements and reports as required by this arti-
50 cle.
51 (2) [Such] (i) Through calendar year two thousand three, such filing
52 shall be completed on or before January first by those persons who have
S. 1406--B 82 A. 2106--B
1 been retained, employed or designated as lobbyist on or before December
2 fifteenth who reasonably anticipate that in the coming year they will
3 expend, incur or receive combined reportable compensation and expenses
4 in an amount in excess of two thousand dollars; for those lobbyists
5 retained, employed or designated after December fifteenth, and for those
6 lobbyists who subsequent to their retainer, employment or designation
7 reasonably anticipate combined reportable compensation and expenses in
8 excess of such amount, such filing must be completed within fifteen days
9 thereafter, but in no event later than ten days after the actual incur-
10 ring or receiving of such reportable compensation and expenses.
11 (ii) For calendar year two thousand four, such filings shall be
12 completed on or before January first by those persons who have been
13 retained, employed or designated as lobbyist on or before December
14 fifteenth, two thousand three who reasonably anticipate that in the
15 coming year they will expend, incur or receive combined reportable
16 compensation and expenses in an amount in excess of two thousand
17 dollars; for those lobbyists retained, employed or designated after
18 December fifteenth, two thousand three, and for those lobbyists who
19 subsequent to their retainer, employment or designation reasonably
20 anticipate combined reportable compensation and expenses in excess of
21 such amount, such filing must be completed within fifteen days thereaft-
22 er, but in no event later than ten days after the actual incurring or
23 receiving of such reportable compensation and expenses.
24 (3) Commencing calendar year two thousand five and thereafter every
25 lobbyist shall biennially file with the commission, on forms provided by
26 the commission, a statement of registration for each biennial period
27 beginning with the first year of the biennial cycle commencing calendar
28 year two thousand five and thereafter; provided, however, that the bien-
29 nial filing of such statement of registration shall not be required of
30 any lobbyist who (i) in any year does not expend, incur or receive an
31 amount in excess of two thousand dollars of reportable compensation and
32 expenses, as provided in paragraph five of subdivision (b) of section
33 one-h of this article, for the purposes of lobbying or (ii) is an offi-
34 cer, director, trustee or employee of any public corporation, when
35 acting in such official capacity; provided however, that nothing in this
36 section shall be construed to relieve any public corporation of the
37 obligation to file such statements and reports as required by this arti-
38 cle.
39 (4) Such biennial filings shall be completed on or before January
40 first of the first year of a biennial cycle commencing in calendar year
41 two thousand five and thereafter, by those persons who have been
42 retained, employed or designated as lobbyist on or before December
43 fifteenth of the previous calendar year and who reasonably anticipate
44 that in the coming year they will expend, incur or receive combined
45 reportable compensation and expenses in an amount in excess of two thou-
46 sand dollars; for those lobbyists retained, employed or designated after
47 the previous December fifteenth, and for those lobbyists who subsequent
48 to their retainer, employment or designation reasonably anticipate
49 combined reportable compensation and expenses in excess of such amount,
50 such filing must be completed within fifteen days thereafter, but in no
51 event later than ten days after the actual incurring or receiving of
52 such reportable compensation and expenses.
53 (b) (i) Such statements of registration shall be kept on file for a
54 period of three years for those filing periods where annual statements
55 are required, and shall be open to public inspection during such peri-
56 od[.]; (ii) Biennial statements of registration shall be kept on file
S. 1406--B 83 A. 2106--B
1 for a period of three biennial filing periods where biennial statements
2 are required, and shall be open to public inspection during such period.
3 (c) Such statement of registration shall contain:
4 (1) the name, address and telephone number of the lobbyist;
5 (2) the name, address and telephone number of the client by whom or on
6 whose behalf the lobbyist is retained, employed or designated;
7 (3) if such lobbyist is retained or employed pursuant to a written
8 agreement of retainer or employment, a copy of such shall also be
9 attached and if such retainer or employment is oral, a statement of the
10 substance thereof;
11 (4) a written authorization from the client by whom the lobbyist is
12 authorized to lobby, unless such lobbyist has filed a written agreement
13 of retainer or employment pursuant to paragraph three of this subdivi-
14 sion;
15 (5) a description of the general subject or subjects, the legislative
16 bill numbers of any bills and the rule, regulation, and ratemaking
17 numbers of any rules, regulations, or rates or proposed rules, regu-
18 lations, or rates on which the lobbyist is lobbying or expects to lobby;
19 (6) the name of the person, organization, or legislative body before
20 which the lobbyist is lobbying or expects to lobby;
21 (7) if the lobbyist is retained, employed or designated by more than
22 one client, a separate statement of registration shall be required for
23 each such client.
24 (d) Any amendment to the information filed by the lobbyist in the
25 original statement of registration shall be submitted to the commission
26 on forms supplied by the commission within ten days after such amend-
27 ment, however, this shall not require the lobbyist to amend the entire
28 registration form.
29 (e) (i) The first statement of registration filed annually by each
30 lobbyist for calendar years through two thousand three shall be accompa-
31 nied by a registration fee of fifty dollars except that no registration
32 fee shall be required of a public corporation. A fee of fifty dollars
33 shall be required for any subsequent statement of registration filed by
34 a lobbyist during the same calendar year; (ii) The first statement of
35 registration filed annually by each lobbyist for calendar year two thou-
36 sand four shall be accompanied by a registration fee of one hundred
37 dollars except that no registration fee shall be required from any
38 lobbyist who in any year does not expend, incur or receive an amount in
39 excess of five thousand dollars of reportable compensation and expenses,
40 as provided in paragraph five of subdivision (b) of section one-h of
41 this article, for the purposes of lobbying or of a public corporation. A
42 fee of one hundred dollars shall be required for any subsequent state-
43 ment of registration filed by a lobbyist during the same calendar year;
44 (iii) The first statement of registration filed biennially by each
45 lobbyist for the first biennial registration requirements for calendar
46 years two thousand five and two thousand six and thereafter, shall be
47 accompanied by a registration fee of two hundred dollars except that no
48 registration fee shall be required from any lobbyist who in any year
49 does not expend, incur or receive an amount in excess of five thousand
50 dollars of reportable compensation and expenses, as provided in para-
51 graph five of subdivision (b) of section one-h of this article, for the
52 purposes of lobbying or of a public corporation. A fee of two hundred
53 dollars shall be required for any subsequent statement of registration
54 filed by a lobbyist during the same biennial period; (iv) The statement
55 of registration filed after the due date of a biennial registration
56 shall be accompanied by a registration fee that is prorated to one
S. 1406--B 84 A. 2106--B
1 hundred dollars for any registration filed after January first of the
2 second calendar year covered by the biennial reporting requirement. In
3 addition to the fees authorized by this section, the commission may
4 impose a fee for late filing of a registration statement required by
5 this section not to exceed twenty-five dollars for each day that the
6 statement required to be filed is late, except that if the lobbyist
7 making a late filing has not previously been required by statute to file
8 such a statement, the fee for late filing shall not exceed ten dollars
9 for each day that the statement required to be filed is late.
10 § 2. This act shall take effect immediately and shall be deemed in
11 full force and effect on and after April 1, 2003, provided, however,
12 that the amendments made to section 1-e of the legislative law by
13 section one of this act shall not affect the expiration and repeal of
14 such section as provided by chapter 2 of the laws of 1999, as amended.
15 PART T
16 Section 1. Subdivision 6 of section 259-i of the executive law, as
17 added by chapter 904 of the laws of 1977, is amended to read as follows:
18 6. Record of proceedings. (a) The board shall provide for the making
19 of a verbatim record of each [interview,] parole release [hearing,]
20 interview, except where a decision is made to release the inmate to
21 parole supervision, and each preliminary [hearing,] and final revocation
22 hearing [and appeal], except when the decision of the presiding officer
23 after such hearings result in a dismissal of all charged violations of
24 parole, conditional release or post release supervision.
25 (b) The chairman of the board of parole shall maintain records of all
26 parole interviews and hearings for a period of twenty-five years from
27 the date of the parole release interview or until expiration of the
28 maximum term of sentence.
29 § 2. This act shall take effect immediately and shall be deemed to
30 have been in full force and effect on and after April 1, 2003.
31 PART U
32 Section 1. Subdivision 3 of section 200 of the state finance law, as
33 added by chapter 302 of the laws of 1985, is amended to read as follows:
34 3. (a) In any case where a state employee has, as a result of an
35 administrative error by the state, received salary or other compensation
36 payments in excess of that to which he or she was entitled, the state
37 will not attempt to recover such overpayment, except in those cases
38 described in paragraph (b) of this subdivision. Notwithstanding the
39 foregoing, the state will, where such overpayment is still continuing,
40 immediately reduce such [empolyee's] employee's current salary so that
41 the salary paid to such employee prospectively is the salary which the
42 employee is entitled to receive.
43 (b) Nothing contained in paragraph (a) of this subdivision shall
44 prevent the state from recovering, by offset or otherwise, any overpay-
45 ment made (i) [for shift differential, geographic differential, incon-
46 venience pay, pre-shift briefing pay or location pay; (ii)] for a period
47 when the employee was neither performing services for the state nor on
48 approved leave or [(iii)] (ii) under circumstances where the comptroller
49 reasonably determines that the employee knew, or that a reasonable
50 employee should have known, that the salary paid to him or her was in
51 excess of that which he or she was entitled to receive.
52 § 2. This act shall take effect immediately.
S. 1406--B 85 A. 2106--B
1 PART V
2 Section 1. Section 13 of chapter 141 of the laws of 1994, amending
3 the legislative law and the state finance law relating to the operation
4 and administration of the legislature, as amended by section 2 of part E
5 of chapter 84 of the laws of 2002, is amended to read as follows:
6 § 13. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect as of April 1, 1994, provided that,
8 the provisions of section 5-a of the legislative law as amended by
9 sections two and two-a of this act shall take effect on January 1, 1995,
10 and provided further that, the provisions of article 5-A of the legisla-
11 tive law as added by section eight of this act shall expire June 30,
12 [2003] 2004 when upon such date the provisions of such article shall be
13 deemed repealed; and provided further that section twelve of this act
14 shall be deemed to have been in full force and effect on and after April
15 10, 1994.
16 § 2. This act shall take effect immediately.
17 PART W
18 Section 1. The superintendent of banks shall report to the governor
19 and legislature on the fifteenth of January, 2004 a statement of condi-
20 tion with respect to the purpose, policies and activities of the Holo-
21 caust Claims Processing Office. Such report shall include the following
22 information:
23 (a) their operations and accomplishments;
24 (b) a schedule of expenses including but not limited to personal
25 service costs, nonpersonal service costs and expenses related to the
26 recovery of properties belonging to Holocaust victim survivors.
27 In addition, the superintendent of banks shall report to the governor
28 and legislature on the fifteenth of January, 2004 a statement of condi-
29 tion with respect to the purpose, policies and activities of the over-
30 seas offices that the banking department operates in Tokyo and London.
31 Such report shall include the following information regarding both the
32 Tokyo and London offices:
33 (a) operations, objectives and accomplishments;
34 (b) the relationships and impacts those offices have had with, but not
35 limited to, state-chartered banks, foreign investors, stockholders, and
36 customers during the previous year; and
37 (c) a schedule of expenses including but not limited to personal
38 service costs, cost of living differentials, housing costs, education
39 tuition costs, rent and other nonpersonal service costs.
40 § 2. This act shall take effect immediately.
41 PART X
42 Section 1. Subdivision 3 of section 103 of the general municipal law,
43 as amended by chapter 620 of the laws of 1996, is amended to read as
44 follows:
45 3. Notwithstanding the provisions of subdivision one of this section,
46 any officer, board or agency of a political subdivision or of any
47 district therein, located in whole or in part in a county, authorized to
48 make purchases of materials, equipment or supplies, or to contract for
49 services, may make such purchases, or may contract for services, other
50 than services subject to article eight or nine of the labor law, when
51 available, through the county in which the political subdivision or
S. 1406--B 86 A. 2106--B
1 district is located or through any county [adjoining such county] within
2 the state subject to the rules established pursuant to subdivision two
3 of section four hundred eight-a of the county law; provided that the
4 political subdivision or district for which such officer, board or agen-
5 cy acts shall accept sole responsibility for any payment due the vendor
6 or contractor. All purchases and all contracts for such services shall
7 be subject to audit and inspection by the political subdivision or
8 district for which made. Prior to making such purchases or contracts the
9 officer, board or agency shall consider whether such contracts will
10 result in cost savings after all factors, including charges for service,
11 material, and delivery, have been considered. No officer, board or agen-
12 cy of a political subdivision or of any district therein shall make any
13 purchase or contract for any such services through the county [or
14 adjoining county] in which the political subdivision or district is
15 located or through any county within the state when bids have been
16 received for such purchase or such services by such officer, board or
17 agency, unless such purchase may be made or the contract for such
18 services may be entered into upon the same terms, conditions and spec-
19 ifications at a lower price through the county.
20 § 2. Subdivision 2 of section 408-a of the county law, as amended by
21 chapter 469 of the laws of 1998, is amended to read as follows:
22 2. The board of supervisors may, in the case of any purchase contract
23 or any contract for services, other than services subject to article
24 eight or nine of the labor law, of the county to be awarded to the
25 lowest responsible bidder after advertisement for bids, authorize the
26 inclusion of a provision whereby purchases may be made or such services
27 may be obtained under such contract by any political subdivision or fire
28 company (as both are defined in section one hundred of the general
29 municipal law) or district [in such political subdivision, located in
30 whole or in part in the county or in an adjoining county]. In such
31 event, the board shall adopt rules prescribing the conditions under
32 which, and the manner in which, purchases may be made or services may be
33 obtained by such political subdivision, fire company or district.
34 § 3. Subdivision 4 of section 6-f of the general municipal law, as
35 added by chapter 548 of the laws of 1997, is amended to read as follows:
36 4. The moneys in such fund shall be deposited and secured in the
37 manner provided by section ten of this article. The moneys in such fund
38 so deposited shall be [kept in a separate bank account] accounted for
39 separate and apart from all other funds of the municipal corporation, in
40 the same manner as provided in subdivision ten of section six-c of this
41 article. The governing board or the chief fiscal officer of such munici-
42 pal corporation, if the governing board shall delegate such duty to him,
43 may invest the moneys in such fund in the manner provided in section
44 eleven of this article. Any interest earned or capital gains realized on
45 the moneys so deposited or invested shall accrue to and become part of
46 such fund.
47 § 4. Subdivision 1 of section 103 of the general municipal law, as
48 amended by chapter 413 of the laws of 1991, is amended to read as
49 follows:
50 1. Except as otherwise expressly provided by an act of the legislature
51 or by a local law adopted prior to September first, nineteen hundred
52 fifty-three, all contracts for public work involving an expenditure of
53 more than twenty thousand dollars and all purchase contracts involving
54 an expenditure of more than ten thousand dollars, shall be awarded by
55 the appropriate officer, board or agency of a political subdivision or
56 of any district therein including but not limited to a soil conservation
S. 1406--B 87 A. 2106--B
1 district, to the lowest responsible bidder furnishing the required secu-
2 rity after advertisement for sealed bids in the manner provided by this
3 section. In any case where a responsible bidder's gross price is reduci-
4 ble by an allowance for the value of used machinery, equipment, appara-
5 tus or tools to be traded in by a political subdivision, the gross price
6 shall be reduced by the amount of such allowance, for the purpose of
7 determining the low bid. In cases where two or more responsible bidders
8 furnishing the required security submit identical bids as to price, such
9 officer, board or agency may award the contract to any of such bidders.
10 Such officer, board or agency may, in his or its discretion, reject all
11 bids and readvertise for new bids in the manner provided by this
12 section. For purposes of this section, "sealed bids", as that term
13 applies to purchase contracts, shall include bids submitted in an elec-
14 tronic format, provided that the governing board of the political subdi-
15 vision or district, by resolution, has authorized the receipt of bids in
16 such format. Submission in electronic format may not, however, be
17 required as the sole method for the submission of bids. Bids submitted
18 in an electronic format shall be transmitted by bidders to the receiving
19 device designated by the political subdivision or district. Any method
20 used to receive electronic bids shall comply with article one of the
21 state technology law, and any rules and regulations promulgated and
22 guidelines developed thereunder and, at a minimum, must (a) document the
23 time and date of receipt of each bid received electronically; (b)
24 authenticate the identity of the sender; (c) ensure the security of the
25 information transmitted; and (d) ensure the confidentiality of the bid
26 until the time and date established for the opening of bids. The timely
27 submission of an electronic bid in compliance with instructions provided
28 for such submission in the advertisement for bids and/or the specifica-
29 tions shall be the responsibility solely of each bidder or prospective
30 bidder. No political subdivision or district therein shall incur any
31 liability from delays of or interruptions in the receiving device desig-
32 nated for the submission and receipt of electronic bids.
33 § 5. Subdivision 2 of section 103 of the general municipal law, as
34 amended by chapter 296 of the laws of 1958, is amended to read as
35 follows:
36 2. Advertisement for bids shall be published in the official newspa-
37 per or newspapers, if any, or otherwise in a newspaper or newspapers
38 designated for such purpose. Such advertisement shall contain a state-
39 ment of the time when and place where all bids received pursuant to such
40 notice will be publicly opened and read, and the designation of the
41 receiving device if the political subdivision or district has authorized
42 the receipt of bids in an electronic format. Such board or agency may
43 by resolution designate any officer or employee to open the bids at the
44 time and place specified in the notice. Such designee shall make a
45 record of such bids in such form and detail as the board or agency shall
46 prescribe and present the same at the next regular or special meeting of
47 such board or agency. All bids received shall be publicly opened and
48 read at the time and place so specified. At least five days shall
49 elapse between the first publication of such advertisement and the date
50 so specified for the opening and reading of bids.
51 § 6. Paragraph a of section 58.00 of the local finance law, as amended
52 by chapter 346 of the laws of 1996, is amended to read as follows:
53 a. There shall be published, at least once, not less than five nor
54 more than thirty days before the date fixed for the public sale of
55 bonds, a notice of such public sale or a summary thereof in accordance
56 with one of the following methods: (1) the notice of sale shall be
S. 1406--B 88 A. 2106--B
1 published in any financial newspaper published and circulated in the
2 city of New York which the state comptroller, in the rule or order
3 referred to in paragraph d of section 57.00 of this chapter, shall
4 designate for such publication; (2) the notice of sale shall be circu-
5 larized in such manner as the state comptroller shall prescribe in such
6 rule or order and shall be published in any newspaper or newspapers
7 which the finance board of the municipality, school district or district
8 corporation may designate for such purpose; or (3) (i) a summary of the
9 notice of sale shall be published in both the financial newspaper
10 published and circulated in the city of New York which the state comp-
11 troller has designated in the rule or order referred to in paragraph d
12 of section 57.00 of this chapter, and (ii) any newspaper or newspapers
13 which the finance board of the municipality, school district or district
14 [or district] corporation may designate for such purpose. A summary of
15 the notice of sale shall at a minimum contain the name of the issuer,
16 the amount, date, and maturities of the bonds, the frequency of interest
17 payments, the place where bids will be received, the designation of the
18 receiving device if the finance board of the issuing municipality,
19 school district or district corporation has authorized the receipt of
20 bids in an electronic format, the time and date for the opening of the
21 bids, including circumstances under which such time and date may be
22 changed in accordance with law, the method of award and a procedure for
23 promptly obtaining the complete notice of sale and any preliminary offi-
24 cial statement prepared in connection with the sale, and such other
25 information as the state comptroller may prescribe by rule or order.
26 § 7. Subdivision 1 of paragraph b of section 58.00 of the local
27 finance law, as amended by chapter 239 of the laws of 1971, is amended
28 to read as follows:
29 1. The place where bids will be received and considered, and the
30 designation of the receiving device if the finance board of the issuing
31 municipality, school district or district corporation has authorized the
32 receipt of bids in an electronic format.
33 § 8. Section 58.00 of the local finance law is amended by adding a new
34 paragraph f to read as follows:
35 f. For purposes of this section and section 59.00 of this chapter,
36 "sealed bids" shall include bids submitted in an electronic format,
37 provided that the finance board of the issuing municipality, school
38 district or district corporation, by resolution, has authorized the
39 receipt of bids in such format. Submission in electronic format may not,
40 however, be required as the sole method for the submission of bids.
41 Bids submitted in an electronic format shall be transmitted by bidders
42 to the receiving device designated by the issuing municipality, school
43 district or district corporation. Any method used to receive electronic
44 bids shall comply with article one of the state technology law and any
45 rules and regulations promulgated and guidelines developed thereunder
46 and, at a minimum, must: (a) document the time and date of receipt of
47 each bid received electronically; (b) authenticate the identity of the
48 sender; (c) ensure the security of the information transmitted; and (d)
49 ensure the confidentiality of the bid until the time and date estab-
50 lished for the opening of bids. The timely submission of an electronic
51 bid in compliance with instructions provided for such submission in the
52 notice of sale and any supplemental notice of sale shall be the respon-
53 sibility solely of each bidder or prospective bidder. No issuing muni-
54 cipality, school district or district corporation shall incur any
55 liability from delays of or interruptions in the receiving device desig-
56 nated for the submission and receipt of electronic bids.
S. 1406--B 89 A. 2106--B
1 § 9. Paragraph a of section 59.00 of the local finance law, as amended
2 by chapter 179 of the laws of 1996, is amended to read as follows:
3 a. All bids shall be opened publicly at the time and place stated in
4 the notice of sale, and not before, and shall be publicly announced.
5 Prior to the time fixed for such public opening of bids, a sealed bid
6 may be amended by a bidder by delivery to the official to whom the
7 sealed bid was delivered of a sealed amendment to such bid. No bid shall
8 be amended by a telegraphic or telephonic communication, except that an
9 electronic bid may be amended in the same manner in which it was
10 originally submitted. The bonds shall be awarded to the bidder offering
11 the lowest interest cost to the municipality, school district or
12 district corporation, without taking into consideration any adjustment
13 to be made in accordance with subdivision two of paragraph c of section
14 58.00 of this article, as computed in accordance with the net interest
15 cost method or the actuarial or true interest cost method.
16 § 10. The general municipal law is amended by adding a new section 5-b
17 to read as follows:
18 § 5-b. Collection of fines, civil penalties, rent, rates, taxes, fees,
19 charges and other amounts via the internet. 1. The governing board of
20 any local government, as that term is defined in section ten of this
21 article, may, by local law, ordinance or resolution, determine that it
22 is in the public interest and authorize such local government to provide
23 for the acceptance of penalties, rents, rates, taxes, fees, charges,
24 revenue, financial obligations or other amounts, including penalties,
25 special assessments or interest via a municipal internet website.
26 Submission via the internet may not, however, be required as the sole
27 method for the collection of fines, civil penalties, rent, rates, taxes,
28 fees, charges and other amounts. Such payments shall be accepted via the
29 internet in a manner and condition defined by such local government. Any
30 method used to receive internet payments shall comply with article one
31 of the state technology law and any rules and regulations promulgated
32 and guidelines developed thereunder and, at a minimum must (a) authenti-
33 cate the identity of the sender; and (b) ensure the security of the
34 information transmitted.
35 2. Any local government authorizing the payment of taxes via the
36 internet shall provide a confirmation page to the taxpayer following the
37 completion of the internet transaction. Such confirmation page shall
38 include, at least, the following:
39 (a) the date the internet transaction was completed and sent by the
40 taxpayer; and
41 (b) a notice to the taxpayer to print out and retain the confirmation
42 page as his or her receipt.
43 3. Payments received via the internet shall be considered received by
44 the appropriate officer and paid by the taxpayer at the time the inter-
45 net transaction is completed and sent by the taxpayer.
46 4. The underlying debt, lien, obligation, bill, account or other
47 amount owed to the local government for which payment by internet is
48 accepted by the local government shall not be expunged, cancelled,
49 released, discharged or satisfied, and any receipt or other evidence of
50 payment shall be deemed conditional, until the local government has
51 received final and unconditional payment of the full amount due.
52 5. The governing board, in enacting a local law, ordinance or resol-
53 ution pursuant to this section, shall designate which of its officers,
54 charged with the duty of collecting or receiving moneys on behalf of the
55 local government, shall be authorized to accept such payments via the
56 internet.
S. 1406--B 90 A. 2106--B
1 § 11. The real property tax law is amended by adding a new section
2 925-c to read as follows:
3 § 925-c. Payment of real property taxes via the internet. 1. Notwith-
4 standing any contrary provision of this chapter, or of any general,
5 special or local law, code or charter, if payment for the amount of any
6 taxes on real property, accompanied by sufficient language to identify
7 the property and tax levy, is received via the internet, such payment is
8 considered received by the appropriate officer and paid by the taxpayer
9 at the time the internet transaction is completed and sent by the
10 taxpayer.
11 2. Any local government authorizing the payment of taxes via the
12 internet pursuant to section five-b of the general municipal law shall
13 provide a confirmation page to the taxpayer following the completion of
14 the internet transaction. Such confirmation page shall include, at
15 least, the following:
16 (a) the date the transaction was completed and sent by the taxpayer;
17 and
18 (b) a notice to the taxpayer to print out and retain the confirmation
19 page as his or her receipt.
20 § 12. Section 120-p of the general municipal law, as amended by chap-
21 ter 140 of the laws of 1979, is amended to read as follows:
22 § 120-p. Referendum in cities and villages. In any such city or
23 village, whether acting severally or jointly, a copy of such contract,
24 for construction mentioned in section one hundred twenty-c, with a copy
25 of the determination required in section one hundred twenty-g, if the
26 expenditures of such city or village to carry out such contracts are to
27 be paid by taxes levied for the fiscal year in which such expenditures
28 are to be made shall be published at least twice in one or more newspa-
29 pers published therein, including the official newspaper or newspapers,
30 if any, of such city or village, or posted in not less than five public
31 places, and published at least twice in a newspaper circulating in such
32 municipality if no newspaper is published therein. In the event that
33 the municipality maintains a website, one of the posting requirements
34 may be fulfilled by posting such information on the website. If, within
35 fifteen days after the publication or posting of such contract and
36 determination, a protest or protests against such contract shall be
37 filed in the office of the clerk of such city or village signed either
38 by not less than one-third of the governing body adopting such resol-
39 ution or by a three per centum in number of the taxpayers thereof whose
40 names appear on the last preceding assessment roll of real property,
41 excluding special franchises, then such contract shall not become effec-
42 tive unless the governing body shall by a further resolution provide for
43 the submission to the voters of a proposition to ratify such contract,
44 nor unless, within sixty days after such publication or posting such
45 proposition shall be adopted at a general election or at a special
46 election to be called and held for that purpose, by a majority of the
47 voters voting on such proposition. At any such election any person
48 qualified to vote under the election law in general elections, who is a
49 resident of the city or village, may vote. At least ten days' notice of
50 any election under this section shall be given by the clerk of the city
51 or village by publication at least twice in one or more newspapers,
52 including the official newspaper or newspapers, if any, of such city or
53 village, or by posting in at least five public places, if no newspaper
54 is published therein. Such election may be held and the result canvassed
55 and certified as may be required by any general or special law applica-
56 ble to an election upon a proposition in any such city or village, or in
S. 1406--B 91 A. 2106--B
1 the absence of any such law as may be prescribed by any general ordi-
2 nance. The voting shall be by ballot, prepared in the form prescribed by
3 the election law. The facts as to the filing and sufficiency of any
4 protests under this section, and as to the calling, holding or result of
5 any election which may be required or held under this section or under
6 any other statute with respect to the authorization of any such improve-
7 ment or the ratification of any ordinance authorizing the same, and all
8 facts affecting the validity of any contract mentioned in section one
9 hundred twenty-c, including the organizations or acts of any town or
10 sewer district shall, for the purpose of this section, be conclusively
11 determined by a resolution of the governing body of any such city, town
12 or village. A copy of such resolution shall be published twice in one or
13 more newspapers, including the official newspaper or newspapers, if any,
14 of such city, town or village, or posted in not less than five public
15 places if no newspaper is published therein, and the facts therein stat-
16 ed shall not be disputed in any action commenced after the expiration of
17 ten days after such publication or posting involving the validity of
18 such contract, or of any tax, assessment or other charge to meet any
19 payment thereunder, and such contract shall be conclusively deemed to be
20 valid unless entered into in violation of this section, section one
21 hundred twenty, or section one hundred twenty-c of this chapter.
22 § 13. Subdivision 2 of section 281 of the general municipal law, as
23 added by chapter 778 of the laws of 1964, is amended to read as follows:
24 2. Notice of hearing on petition. Whenever a petition shall be
25 presented to the village board or to the town board pursuant to this
26 article for the establishment or extension of a residential or residen-
27 tial and recreational area, the board shall adopt a resolution and enter
28 the same in the minutes of its proceedings, reciting in general terms
29 the filing of such petition, the boundaries of the proposed area or
30 proposed extension, a statement of the uses of real property for indus-
31 trial and commercial purposes which are proposed to be prohibited,
32 restricted, regulated and controlled, or, a statement that it is
33 proposed to limit the use of all real property to use for one or two
34 family residential purposes, or to use for one or two family residential
35 and non-profit recreational purposes, within said proposed area or
36 proposed extension and specifying the time when and place where said
37 board will meet to consider the petition and to hear all persons inter-
38 ested in the subject thereof. The board shall cause a copy of such
39 resolution, certified by the clerk, to be published at least once in the
40 official newspaper of the village or town, as the case may be, the first
41 publication thereof to be not less than ten nor more than twenty days
42 before the date set therein for the hearing as aforesaid, and shall also
43 cause a copy thereof to be posted conspicuously in the office of the
44 village clerk or on the signboard maintained by the town clerk pursuant
45 to subdivision six of section thirty of the town law, as the case may
46 be, not less than ten nor more than twenty days before the day desig-
47 nated for the hearing as aforesaid. In the event that the village or
48 the town maintains a website, such information may also be provided on
49 the website. The board also shall cause a copy of such resolution to be
50 mailed by registered mail, return receipt requested, to each resident
51 owner of real property within the proposed area or extension who or
52 which has not signed the petition and to each non-resident owner of real
53 property therein who or which has not signed the petition and who or
54 which in the case of a town has filed with the town clerk a written
55 demand pursuant to section five hundred eight of the real property tax
56 law or a notice pursuant to section nine hundred eighty-two of the real
S. 1406--B 92 A. 2106--B
1 property tax law, or who or which in the case of a village has filed
2 with the village clerk a written demand pursuant to section fourteen
3 hundred four of the real property tax law. The copy of such resolution
4 shall be so mailed not less than ten nor more than twenty days before
5 the day designated for the hearing as aforesaid, to such resident and
6 non-resident owner at the address designated in such written demand or
7 in such notice.
8 § 14. Subdivision 2 of section 73 of the town law, as amended by chap-
9 ter 420 of the laws of 1963, is amended to read as follows:
10 2. The petition shall be filed with the clerk of the board of supervi-
11 sors of the county not less than one hundred twenty days preceding a
12 biennial town election. The board of supervisors shall fix a date for a
13 public hearing thereon and the clerk of said board of supervisors shall
14 prepare a notice of such hearing which shall recite the filing of the
15 petition and the description of the proposed alteration. The notice
16 shall be delivered to the town clerk of each town affected thereby, who
17 shall cause the same to be published in a newspaper published in the
18 town, or if none, in a newspaper having circulation in such town, once a
19 week for four successive weeks next preceding the hearing and who shall
20 also cause a copy of the notice to be posted on the sign-board of the
21 town maintained pursuant to subdivision six of section thirty of this
22 chapter at least four weeks next preceding the hearing. In the event
23 that the town maintains a website, such information may also be provided
24 on the website. The cost of publication and posting shall be a town
25 charge and due proof thereof shall be filed with the clerk of the board
26 of supervisors at or before the hearing.
27 § 15. Paragraph a of subdivision 2 of section 171 of the town law, as
28 amended by chapter 397 of the laws of 1995, is amended to read as
29 follows:
30 a. The town board or town boards shall hold a public hearing upon such
31 petition and shall cause a notice thereof to be published at least once
32 in a newspaper having general circulation in the territory affected, the
33 first publication thereof to be not less than ten days nor more than
34 twenty days before the day designated therein for the hearing, and the
35 town clerk or town clerks shall cause copies of such notice to be posted
36 on the sign-board of the town maintained pursuant to subdivision six of
37 section thirty of this chapter, and conspicuously in such other places
38 within or without the territory affected as the town board or town
39 boards may direct, not less than ten nor more than twenty days before
40 the day designated for the hearing as aforesaid. In the event that the
41 town maintains a website, such information may also be provided on the
42 website. Such notice shall contain a description of the proposed
43 district or extension, state the estimated rate per thousand dollars of
44 assessed valuation, based on the aggregate assessed valuation of taxable
45 real property of the proposed district or extension district shown in
46 the latest completed final assessment roll, projected to be assessed,
47 levied and collected for purposes of the proposed district or extended
48 district for the fiscal year of its operation and specify the time when
49 and the place where the town board or boards will meet to consider such
50 petition and to hear all persons interested in the subject concerning
51 the same. If the petition shall provide for the dissolution of an exist-
52 ing water supply district upon the establishment of the fire district,
53 the notice of hearing shall so specify. Prior to the publication of the
54 notice, the board or boards shall cause to be prepared, and file for
55 public inspection with the town clerk, a detailed explanation of how the
S. 1406--B 93 A. 2106--B
1 estimated rate of assessment for the proposed district or extended
2 district was computed.
3 § 16. Subdivision 2 of section 172-a of the town law, as added by
4 chapter 134 of the laws of 1980, is amended to read as follows:
5 2. Such memorandum of proposed change shall be signed by a majority of
6 the members of the board of fire commissioners of each fire district and
7 shall be acknowledged or proved in the same manner as a deed to be
8 recorded. The members of the board of fire commissioners of each
9 district affected shall jointly hold a public hearing upon such memoran-
10 dum of proposed change and shall cause a notice thereof to be published
11 at least once in a newspaper having general circulation in the territory
12 affected, the first publication thereof to be not less than ten days nor
13 more than twenty days before the day designated therein for the hearing,
14 and the secretary of the fire districts shall cause copies of such
15 notice to be posted conspicuously in five public places in the district
16 at least ten days prior to the date of such public hearing. In the
17 event that the district maintains a website, one of the posting require-
18 ments may be fulfilled by posting such information on the website. Such
19 notice shall specify the time when and the place where the boards of
20 fire commissioners of the districts affected will meet to hear all
21 persons interested in the subject concerning the same and shall specify
22 each district affected and shall state in general terms the manner in
23 which it is proposed to alter the boundaries thereof. Costs of publica-
24 tion shall be borne equally by each fire district affected.
25 § 17. Paragraph (b) of subdivision 2 of section 189-a of the town law,
26 as added by chapter 241 of the laws of 1988, is amended to read as
27 follows:
28 (b) If at such joint meeting it is determined by a majority vote of
29 each board to make such proposal, each such board shall, within thirty
30 days thereafter, hold a joint public hearing at one location within the
31 proposed joint district upon such proposal and shall cause notice of
32 such public hearing to be published in a newspaper having general circu-
33 lation in such town and village, at least once, and posted in five
34 public conspicuous places in the town outside such village and in five
35 public conspicuous places in the village, not less than ten days before
36 the date of the hearing. In the event that the district maintains a
37 website, one of the posting requirements may be fulfilled by posting
38 such information on the website. Notice of such hearing also shall be
39 served by such clerk upon the members of the town board and the members
40 of the board of trustees of the village, by mail addressed to such
41 members at their last known post office addresses, at least ten days
42 before the date of the hearing. Such notice shall contain a brief
43 description of the boundaries of the proposed joint fire district and of
44 the objects and purposes for which it is proposed that a new district be
45 created, and shall specify the single time when and place where such
46 town and village boards will jointly meet to consider the proposal and
47 to hear all persons interested in the establishment of the district.
48 § 18. Paragraph a of subdivision 1 of section 193 of the town law, as
49 amended by chapter 397 of the laws of 1995, is amended to read as
50 follows:
51 a. Whenever a petition shall be presented to the town board pursuant
52 to this article, for the establishment or extension of a sewer, wastewa-
53 ter disposal, drainage, water, water quality treatment, park, public
54 parking, lighting, snow removal, water supply, sidewalk, refuse and
55 garbage, aquatic plant growth control district, ambulance district,
56 harbor improvement district, public dock district, beach erosion control
S. 1406--B 94 A. 2106--B
1 district, or a fallout shelter district, the board shall adopt an order
2 and enter the same in the minutes of its proceedings, reciting in gener-
3 al terms the filing of such petition, the boundaries of the proposed
4 district, the improvements proposed, the maximum amount proposed to be
5 expended for the improvement as stated in the petition or the maximum
6 amount to be expended for the performance or supplying of services if a
7 maximum amount is stated in the petition, the estimated cost of hook-up
8 fees, if any, to, and the cost of the district or extension to, the
9 typical property and, if different, the typical one or two family home,
10 and specifying the time when and place where said board will meet to
11 consider the petition and to hear all persons interested in the subject
12 thereof, concerning the same. The board shall cause a copy of such
13 order, certified by the town clerk, to be published at least once in the
14 official paper, the first publication thereof to be not less than ten
15 nor more than twenty days before the day set therein for the hearing as
16 aforesaid, and shall also cause a copy thereof to be posted on the sign-
17 board of the town maintained pursuant to subdivision six of section
18 thirty of this chapter, not less than ten nor more than twenty days
19 before the day designated for the hearing as aforesaid. In the event
20 that the town maintains a website, such information may also be provided
21 on the website. Prior to the publication of a copy of the order, the
22 board shall cause to be prepared, and file for public inspection with
23 the town clerk, a detailed explanation of how the estimated cost of
24 hook-up fees, if any, to, and the cost of the district or extension to,
25 the typical property and, if different, the typical one or two family
26 home was computed.
27 § 19. Subdivision 1 of section 202-f of the town law, as amended by
28 chapter 420 of the laws of 1963, is amended to read as follows:
29 1. In the event of the construction, reconstruction or relocation of a
30 state highway or county road in any town outside of an existing water,
31 water storage and distribution, sewer, sewage disposal or drainage
32 district, the town board of such town, after a public hearing as herein-
33 after provided, may, at the time of such construction, reconstruction or
34 relocation, install or construct such improvements in the right-of-way
35 in such state highway or county road as it may determine to be in the
36 public interest for future use by any such district or extension thereof
37 in such town. The town board shall cause a plan of the proposed improve-
38 ment and an estimate of the cost thereof to be prepared by the town
39 engineer or, if there be no town engineer, an engineer duly licensed by
40 the state of New York. When the plan and estimate of the cost have been
41 completed, the town board shall call a public hearing thereon and cause
42 a notice thereof to be published in the official newspaper of said town,
43 if any, or if none, in any newspaper which could be designated as the
44 official newspaper of the town, the first publication thereof to be not
45 less than ten nor more than twenty days before the day set therein for
46 said public hearing, and shall also cause a copy of such notice to be
47 posted on the sign-board of the town maintained pursuant to subdivision
48 six of section thirty of this chapter not less than ten nor more than
49 twenty days before the date designated for such public hearing as afore-
50 said. In the event that the town maintains a website, such information
51 may also be provided on the website. Such notice shall describe in
52 general terms the proposed improvement, shall specify the estimated cost
53 thereof and state the time when and the place where such town board will
54 meet to hear all persons interested in the subject matter thereof. If
55 the town board shall decide after such public hearing and upon the
56 evidence given thereat that it is in the public interest to install or
S. 1406--B 95 A. 2106--B
1 construct the proposed improvement, such town board shall direct the
2 engineer to prepare definite plans and specifications and make a careful
3 estimate of the expense, and, with the assistance of the town attorney
4 or an attorney employed for that purpose, to prepare a proposed contract
5 for the execution of the work. Thereupon, such town board shall examine
6 such definite plans, specifications, estimate and the proposed contract,
7 and may reject the same or make such modifications or changes therein as
8 shall seem necessary and desirable, and adopt the same and cause the
9 improvement to be installed or constructed in accordance therewith.
10 § 20. Subdivision 4 of section 206 of the town law, as amended by
11 chapter 1009 of the laws of 1962, is amended to read as follows:
12 4. Notice of adoption of resolution. Within ten days after the
13 adoption by the town board of a resolution consolidating improvement
14 districts, or abolishing the offices of commissioners in any district,
15 the town clerk shall give notice thereof at the expense of the town, by
16 the publication of a notice in at least one but not more than two news-
17 papers designated pursuant to subdivision eleven of section sixty-four
18 of this chapter. In addition, the town clerk shall post or cause to be
19 posted on the bulletin board in his office a copy of such notice. In the
20 event that the town maintains a website, such information may also be
21 provided on the website. Such notice shall set forth the date of
22 adoption of the resolution and contain an abstract of such resolution,
23 describing in general terms, the districts so consolidated, if such be
24 the case, and shall specify that the offices of commissioners, if any,
25 shall be abolished, the basis for the future assessment of all costs of
26 operation, maintenance and improvements where applicable, and that such
27 resolution was adopted subject to a permissive referendum.
28 § 21. Subdivision 6 of section 208-b of the town law, as added by
29 chapter 347 of the laws of 1998, is amended to read as follows:
30 6. The town board shall conduct a public hearing on the proposed
31 dissolution of a district or districts pursuant to this section, on
32 notice published at least ten but not more than twenty days before such
33 hearing in a newspaper or newspapers designated pursuant to subdivision
34 eleven of section sixty-four of this chapter and shall also cause a copy
35 thereof to be posted upon the bulletin board in the office of the town
36 clerk. In the event that the town maintains a website, such information
37 may also be provided on the website. Such notice shall specify the time
38 when and the place where such hearing will be held and in general terms,
39 describe the proposed dissolution, and where appropriate, the proposed
40 basis of apportioning, levying and assessing all improvement costs and
41 shall specifically state that the cost of the management, maintenance,
42 operation and repair of such improvement or service provided or author-
43 ized to be provided by the district or districts proposed to be
44 dissolved shall thereafter be a charge upon the area of the town outside
45 of any villages and shall be levied and collected in the same manner and
46 at the same time as other town charges.
47 § 22. Subdivision 6 of section 209-r of the town law, as amended by
48 chapter 568 of the laws of 1969, is amended to read as follows:
49 6. The town board shall conduct a public hearing on the proposed
50 dissolution of a district or districts pursuant to this section, on
51 notice published at least ten but not more than twenty days before such
52 hearing in a newspaper or newspapers designated pursuant to subdivision
53 eleven of section sixty-four of this chapter and shall also cause a copy
54 thereof to be posted upon the bulletin board in the office of the town
55 clerk. In the event that the town maintains a website, such information
56 may also be provided on the website. Such notice shall specify the time
S. 1406--B 96 A. 2106--B
1 when and the place where such hearing will be held and in general terms,
2 describe the proposed dissolution, and where appropriate, the proposed
3 basis of apportioning, levying and assessing all improvement costs and
4 shall specifically state that the cost of the management, maintenance,
5 operation and repair of such improvement or service provided or author-
6 ized to be provided by the district or districts proposed to be
7 dissolved shall thereafter be a charge upon the area of the town outside
8 of any villages and shall be levied and collected in the same manner and
9 at the same time as other town charges.
10 § 23. Section 317 of the town law is amended to read as follows:
11 § 317. Notice of sale of strays by fence viewers. After such one
12 month, a fence viewer of the town, on application of the person deliver-
13 ing the notice, shall give at least ten days' previous notice of the
14 time and place of the sale of such beasts, by advertisement posted in at
15 least five public places in the town where such beasts may have been
16 kept, one of which shall be at or near the outside door of the town
17 clerk's office. In the event that the town maintains a website, such
18 information may also be provided on the website. At the time and place
19 mentioned, such fence viewers shall sell such beasts to the highest
20 bidder, unless redeemed by the owner.
21 § 24. The opening paragraph of section 828 of the county law, as
22 amended by chapter 840 of the laws of 1977, is amended to read as
23 follows:
24 The governing body of any county containing a population of less than
25 two hundred thousand and adjoining a city of the first class may author-
26 ize the establishment of a plan for the grades of streets, avenues and
27 boulevards; the alteration of such plan of grades, or any plan thereof,
28 which shall have been established by law; the laying out, opening, grad-
29 ing, construction, closing and change of line, or of the width of any
30 one or more of such streets, avenues and boulevards or any other
31 streets, avenues and boulevards, within said county, or any part or
32 parts thereof, and of the courtyards, sidewalks and roadways; to provide
33 for the estimation and award of the damages to be sustained, and for the
34 assessment on property intended to be benefited thereby, and fixing
35 assessment districts therefor, the levying, collection and payment of
36 such damages, and of all other charges and expenses to be incurred, or
37 which may be necessary in carrying out the provisions of this section;
38 the laying out of new or additional streets, avenues or boulevards
39 according to a general scheme or plan for the improvement of highways in
40 said town, the acceptance by town officers of conveyances of land for
41 public highways, naming and changing of names of streets and avenues
42 within the said county, the opening, laying out, grading, construction,
43 closing and change of line of any street, avenue or boulevard within the
44 county, provided, however, that nothing shall be done hereunder in
45 respect to or concerning any street, avenue or boulevard situated within
46 an incorporated village, without the consent of the board of trustees of
47 such incorporated village. The provisions, however, for the defraying of
48 expenses thereof by assessment as herein provided, shall only be exer-
49 cised on the petition of the property owners who own more than one-half
50 of the frontage on any such street, avenue or boulevard, or on the
51 certificate of the supervisor, justices of the peace, and town clerk of
52 the town in which said street, avenue or boulevard is located, or two-
53 thirds of such officers, that the same is in their judgment proper and
54 necessary for the public interest; or in case the said street, avenue,
55 or boulevard, in respect to which such action is proposed to be taken,
56 shall lie in two or more towns, on a like certificate of such town offi-
S. 1406--B 97 A. 2106--B
1 cers of each of said towns, or two-thirds of all of them; provided,
2 however, that before proceeding to make any such certificate, the said
3 officers, or such number of them as aforesaid, shall give ten days'
4 notice by publication in one of the weekly papers of said county and by
5 posting in six public places in said town, or in each of said towns, of
6 the time and place at which they will meet for the purpose of consider-
7 ing the same, at which meeting the public and all persons interested may
8 appear and be heard in relation thereto; and provided that no such
9 street or avenue shall be laid out, opened or constructed upon or across
10 any lands heretofore acquired by the right of eminent domain, and be
11 held in fee for depot purposes by any railroad. In the event that the
12 town maintains a website, one of the posting requirements may be
13 fulfilled by posting such information on the website.
14 § 25. Section 2-204 of the village law is amended to read as follows:
15 § 2-204 Notice of hearing. Within twenty days after the filing of such
16 petition or copies thereof, each supervisor with whom same were filed
17 shall cause to be posted in five public places in that part of such
18 territory located in his town and also to be published at least twice in
19 the newspaper or newspapers designated pursuant to subdivision eleven of
20 section sixty-four of the town law, a joint notice of all such supervi-
21 sors: that a petition for the incorporation of the village of (naming
22 it) has been received; that at a place in such territory and on a day,
23 not less than twenty nor more than thirty days after the date of the
24 posting and first publication of such notice, which date and place shall
25 be specified therein, a hearing will be had upon such petition; that
26 such petition will be available for public inspection in the office of
27 each town clerk until the date of such hearing; that the purpose of the
28 hearing is to consider the legal sufficiency of the petition; that
29 objections to the legal sufficiency of the petition must be in writing
30 and signed by one or more of the residents of such town; and that any
31 group of persons having one or more objections in common may make desig-
32 nation in writing and signed by them of at least one but no more than
33 three persons giving the full names and addresses on whom and at which
34 addresses all papers required to be served in connection with the
35 proceeding for incorporation shall be served. A majority of such desig-
36 nees must reside in such town or towns. In the absence of any other
37 suitable place, such hearing shall be held in a school building, if any,
38 located in such territory. If such territory is located in more than one
39 town the hearing shall be noticed and publicized as a joint hearing of
40 all such towns. For the purposes of this section, in the event that the
41 town maintains a website, one of the posting requirements required by
42 this section may be fulfilled by posting such information on the town's
43 website.
44 § 26. Section 2-214 of the village law is amended to read as follows:
45 § 2-214 Notice of election. Within ten days after the right to an
46 election is complete the town clerk of each town in which any portion of
47 such territory is located shall cause to be posted in five public places
48 in that part of such territory located in such town and also to be
49 published at least twice in the newspaper or newspapers designated
50 pursuant to subdivision eleven of section sixty-four of the town law, a
51 joint notice by the clerks of all such towns that at a convenient place
52 in such territory, between the hours of twelve o'clock noon and nine
53 o'clock in the evening and on a day not less than twenty nor more than
54 thirty days after the date of the posting and first publication, which
55 date and place shall be specified therein, an election will be held to
56 determine whether the proposed village of (naming it) shall be incorpo-
S. 1406--B 98 A. 2106--B
1 rated. Such election shall not be held on a day of a town election or of
2 a general election in a town in which any part of such territory is
3 located. For the purposes of this section, in the event that the town
4 maintains a website, one of the posting requirements required by this
5 section may be fulfilled by posting such information on the town's
6 website.
7 § 27. Subdivision 3 of section 2-218 of the village law is amended to
8 read as follows:
9 3. Notice of availability of list for inspection and additions. With-
10 in ten days after the right to an election is complete the town clerk of
11 each town in which any portion of such territory is located shall cause
12 to be posted in five public places in that part of such territory
13 located in such town and also to be published at least twice in the
14 newspaper or newspapers designated pursuant to subdivision eleven of
15 section sixty-four of the town law, a notice: that a registration list
16 of voters qualified to vote at such election will be available for
17 inspection in his office between the hours of twelve o'clock noon and
18 nine o'clock in the evening on a day specified therein which day shall
19 not be on a Sunday and shall be at least three days prior to such
20 election; that at said time and place said list will be available for
21 inspection by the public; and also that at said time and place persons
22 claiming to be qualified to vote at such election whose names are not on
23 such list may, upon presentation of proper proofs, have their names
24 added thereto. For the purposes of this section, in the event that the
25 town maintains a website, one of the posting requirements required by
26 this subdivision may be fulfilled by posting such information on the
27 town's website.
28 § 28. Subdivision 1 of section 2-244 of the village law is amended to
29 read as follows:
30 1. Within ten days after his appointment, the village clerk shall
31 cause to be conspicuously posted, in at least six public places in the
32 village, and also to be published at least once in a newspaper of gener-
33 al circulation therein, a notice of such election specifying the time
34 and place of holding the election, the hours of opening and closing the
35 polls which shall be from twelve o'clock noon to nine o'clock in the
36 evening, and the offices and the terms thereof to be filled. For the
37 purposes of this section, in the event that the village maintains a
38 website, one of the posting requirements required by this subdivision
39 may be fulfilled by posting such information on the website.
40 § 29. Subdivision 3 of section 15-1506 of the village law is amended
41 to read as follows:
42 3. If at the expiration of ten years from the date of the first
43 assessment, any such assessment or interest thereon shall remain unpaid,
44 the commission may sell the unused portion of such lot at public
45 auction, on the cemetery grounds, providing a written notice stating the
46 amount of such unpaid assessment and that such unused portion of such
47 lot will be sold at a time therein to be specified, not less than thirty
48 days from the date of the service of such notice, shall be personally
49 served upon the owner of record or his successor in interest, or if
50 personal service on such person cannot with due diligence be made, then
51 such notice of sale shall be forwarded by registered mail securely
52 wrapped and addressed to the last owner of record and also by posting
53 such notice of sale in three conspicuous places located within the
54 village where the cemetery is located. In the event that the village
55 maintains a website, one of the posting requirements may be fulfilled by
56 posting such information on the website. Said sale shall not be held
S. 1406--B 99 A. 2106--B
1 within thirty days of the date of personal service or of mailing regis-
2 tered notice as the case may be. The surplus proceeds of sale remaining
3 after paying all assessments, interest, costs and charges shall be set
4 aside by the commissioners as a fund for the care and improvement of the
5 portion of such lot that has been used for burial purposes.
6 § 30. Section 16-1602 of the village law is amended to read as
7 follows:
8 § 16-1602 Notice and conduct of election. If the proposition is to be
9 submitted at an annual election, notice thereof shall be given by the
10 board of trustees by posting notices in five public places in the
11 village, and publishing the same in the official newspaper at least
12 twenty days before such annual election. In the event that the village
13 maintains a website, one of the posting requirements may be fulfilled by
14 posting such information on the website. If it is to be submitted at a
15 special election, notice of such election and of the submission of such
16 proposition thereat, shall be given in the same manner and for the same
17 time as for the submission of such a proposition at an annual election.
18 Such a special election shall be held by the same officers and conducted
19 and the result canvassed in the same manner as provided by law for an
20 annual election in such village.
21 § 31. Subdivisions 2 and 11 and paragraph (a) of subdivision 14 of
22 section 17-1718 of the village law are amended to read as follows:
23 2. In case a system of sewers to serve the said district shall have
24 been authorized as provided in the town law and maps and plans therefor
25 shall have been approved by the state department of health the board of
26 trustees may construct and complete the sewers so authorized and may
27 make extensions thereof and may modify and change the plans thereof, by
28 resolution at any regular or at any special meeting called for the
29 purpose; provided notice that the board of trustees will act upon the
30 question of authorizing the construction of specified portions of such
31 sewer system, or specified extensions thereof, or upon specified modifi-
32 cations thereof, at a time and place to be stated therein, shall have
33 been posted in at least four public places in the said sewer district
34 and shall have been published in the official paper, or if there be no
35 official paper, in such newspaper published in the county as the board
36 of trustees may select, at least twenty-one days before such meeting.
37 In the event that the village maintains a website, one of the posting
38 requirements may be fulfilled by posting such information on the
39 website.
40 11. The board of trustees may cause a notice to be published in the
41 official paper and posted in at least ten conspicuous public places in
42 the district, requiring the owners or occupants of all property fronting
43 or abutting on any street or portion thereof in the town in which any
44 public sewer is about to be laid or is being laid or has been laid to
45 make and lay connection pipes to and from the sewer mains in such street
46 or any portion thereof in front of each separate piece of property,
47 within such times and in such manner and under such inspection as such
48 board shall prescribe; and whenever any such owner or occupant shall
49 have made default in making such connection as directed in and required
50 by such printed notice therefor, in the manner and within the time spec-
51 ified, such board shall have power and authority to make, extend and
52 complete the same to the property line of the lands and premises so
53 owned or occupied opposite thereto and in front thereof, and to connect
54 the same with any existing pipe in front thereof, and the actual expense
55 thereof, including all labor done and materials used in doing and
56 completing the same, shall be assessed by the board upon each separate
S. 1406--B 100 A. 2106--B
1 piece of property opposite which the same shall be done and completed.
2 For the purposes of this section, in the event that the village main-
3 tains a website, one of the posting requirements required by this subdi-
4 vision may be fulfilled by posting such notice on the website.
5 (a) In every such village the board of trustees on a petition signed
6 and acknowledged by the owners of more than fifty per centum in value of
7 the taxable real property in any proposed sewer district, as shown by
8 the last completed village assessment roll, and after a public hearing
9 thereon, may, by resolution, establish one or more sewer districts in
10 such village. Such petition shall describe the boundaries of the
11 proposed sewer district and each subscriber thereto shall set opposite
12 his name the assessed value of the real property owned by him therein,
13 as shown on the said last completed assessment roll, and such petition
14 shall contain a statement of the maximum amount proposed to be expended
15 in the construction of such sewerage system and shall also have a state-
16 ment conspicuously printed thereon as follows: "The cost of construction
17 and maintenance of such sewer system shall be assessed, from year to
18 year, by the board of trustees, upon the land within the sewer district
19 in proportion as nearly as may be to the benefit which each lot or
20 parcel will derive therefrom"; and such petition shall have annexed
21 thereto a map of such proposed sewer district and a plan for a compre-
22 hensive system of sanitary sewers designed, when completed, to serve the
23 entire district together with plans and specifications for sewage treat-
24 ment or disposal works. The signature of a property owner shall be
25 acknowledged by him or it may be proved by the oath of a witness who
26 shall swear that he knows the property owners and that the petition was
27 signed by the property owners in the presence of the witness. The peti-
28 tion may be in the form of separate sheets, each sheet containing at the
29 top thereof, the complete wording of the petition, and when bound
30 together and offered for filing, these shall be deemed to constitute one
31 petition. On receipt of such petition the board of trustees shall grant
32 a public hearing before taking any action on the petition at which time
33 full opportunity to be heard shall be granted to all officials, resi-
34 dents, voters, taxpayers, property owners or other persons or corpo-
35 rations in any way affected by the granting, modification or denial of
36 the petition. Notice of the time, place and purpose of such hearing,
37 containing a description of the extent of the proposed sewer system,
38 shall be given by such board by posting such notice in four of the most
39 public places within the village at least twenty-one days prior thereto
40 and by publishing a notice in the official newspaper once in each of the
41 three weeks immediately preceding the week in which the hearing is to be
42 held. In the event that the village maintains a website, one of the
43 posting requirements may be fulfilled by posting such information on the
44 website. After a hearing held in accordance with this notice and upon
45 the evidence given thereat the board of trustees shall determine whether
46 it is in the public interest to grant the petition, modify it or deny
47 the relief sought. A signed or certified copy of the determination of
48 the board of trustees shall be duly recorded in the office of the county
49 clerk of the county in which such village is located and when so
50 recorded shall be presumptive evidence of the regularity of the creation
51 of the sewerage system by said board. Said action shall be subject to
52 review by certiorari upon application made within thirty days following
53 date of filing with the county clerk which application shall be accompa-
54 nied by an undertaking approved by the supreme court or a justice there-
55 of, providing for reimbursing the expenses of the board of trustees in
56 the event their determination is not modified. At the expiration of the
S. 1406--B 101 A. 2106--B
1 period allowed for certiorari proceedings and subject to the reviewing
2 court's order, if any, the board of trustees shall proceed to construct
3 such sewerage system but before any part of the sewerage system is
4 constructed in any such sewer district the maps and plans therefor shall
5 be approved by the state department of health. In passing upon said
6 plans due consideration shall be given to the adaptability of the
7 proposed sewerage system for the district to possible future enlarge-
8 ments and to inclusion in a general sewerage system to care for the
9 village as a whole or parts of the village forming natural drainage
10 areas. The cost of preparing such maps and plans in the first instance
11 shall be borne by the petitioners, but the reasonable amount thereof as
12 audited and allowed by the board of trustees, shall be a charge against
13 the said sewer district, if the same is established.
14 § 32. Subdivisions 1 and 3 of section 17-1722 of the village law,
15 subdivision 3 as amended by chapter 773 of the laws of 1981, are amended
16 to read as follows:
17 1. The board of trustees of any village which embraces the entire
18 territory of any town in a county in which the town assessor or asses-
19 sors are required to complete the assessment-roll of such town on or
20 before the first day of June in each year may determine, by resolution,
21 that such board of trustees shall act as the board of assessors of such
22 village, and may adopt the assessment-roll of the said town so to be
23 completed on or before the first day of June in each year as the basis
24 of the village assessment-roll for the said year, and shall prepare the
25 village assessment-roll in the form and manner required by law and
26 deposit a copy thereof in the office of the village clerk on or before
27 the said first day of June in each year for public inspection, and at
28 the same time shall cause a notice to be published in each newspaper
29 published in the village, and to be posted conspicuously in at least
30 five public places in the village, at least ten days before the date
31 fixed for the hearing, that the assessment-roll has been so filed and
32 the board of trustees will meet at a place specified therein on a named
33 date, which shall be not later than the twelfth day of June, and during
34 not less than four consecutive hours to be named, for the purpose of
35 completing the said assessment-roll and of hearing and determining
36 complaints in relation thereto and they may adjourn such meeting from
37 day to day without further notice, and with respect thereto the board of
38 trustees in any such village shall have all the powers of town asses-
39 sors. In the event that the village maintains a website, one of the
40 posting requirements may be fulfilled by posting such information on the
41 website.
42 3. After completing and filing the annual assessment-roll, the board
43 of trustees shall cause notice thereof to be published at least once in
44 the official paper and copies of such notice to be posted in not less
45 than five public places in the village specifying the date of filing and
46 that the same will remain on file with the village clerk subject to
47 public inspection for ten days after the date of such notice. In the
48 event that the village maintains a website, one of the posting require-
49 ments may be fulfilled by posting such information on the website. A
50 proceeding to review an assessment appearing on such assessment-roll
51 shall be commenced within such ten days in the manner provided by the
52 real property tax law.
53 § 33. Paragraph a of subdivision 2 of section 119-o of the general
54 municipal law, as amended by chapter 681 of the laws of 1961, is amended
55 to read as follows:
S. 1406--B 102 A. 2106--B
1 a. A method or formula for equitably providing for and allocating
2 revenues and for equitably allocating and financing the capital and
3 operating costs, including payments to reserve funds authorized by law
4 and payments of principal and interest on obligations. Such method or
5 formula shall be established by the participating corporations or
6 districts on a ratio of full valuations of real property, or on the
7 basis of the amount of services rendered or to be rendered, or benefits
8 received or conferred or to be received or conferred, or on the increase
9 in taxable assessed value attributable to the function, facility,
10 service, activity or project which is the subject of an agreement, or on
11 any other equitable basis, including the levying of taxes or assessments
12 to pay such costs on the entire area of the corporation or district, or
13 on a part thereof, which is benefited or which receives the service.
14 § 34. Subdivision 1 of section 19-1900 of the village law, as amended
15 by chapter 101 of the laws of 1997, is amended to read as follows:
16 1. The board of trustees of any village may, and upon a petition of
17 the electors of the village shall, adopt a plan for dissolution and a
18 resolution submitting a proposition for the dissolution of the village
19 in accordance with the permissive referendum article, except that in
20 determining the date for submission of the proposition pursuant to
21 section 9-912 of this chapter, the date of the public hearing under this
22 article shall be used and not the date that the question is presented. A
23 petition to dissolve a village shall be sufficient if signed and
24 acknowledged or proved by qualified electors of such village, in number
25 equal to at least one-third of the total number of resident electors
26 residing in the village, qualified to vote at the last general village
27 or special village election immediately preceding the submission of the
28 proposition in question, and who signed the petition not earlier than
29 one hundred twenty days prior to filing thereof.
30 § 35. The village law is amended by adding a new section 19-1901 to
31 read as follows:
32 § 19-1901 Study committee and dissolution report. Prior to the
33 approval of a proposition for dissolution, the village board of trustees
34 shall appoint a study committee on the dissolution of the village. The
35 study committee shall include at least two representatives of each town
36 or towns in which the village is situated and such representatives shall
37 reside in the portion of such town or towns outside such village. Such
38 committee shall organize and form such subcommittees as it deems neces-
39 sary or desirable to undertake its report. It shall make a report to the
40 village board of trustees within the time period set by such board. A
41 copy of such report shall also be sent to the supervisor of the town or
42 towns in which the village is situated. The report shall address all
43 topics included in a plan for dissolution, alternatives to dissolution
44 and may propose a plan for dissolution for consideration by the village
45 board of trustees. Prior to submission of the report to the village
46 board of trustees, the study committee shall hold at least one public
47 hearing upon at least twenty days' notice to be published in official
48 newspapers of the village and town or towns.
49 § 36. Section 19-1902 of the village law is amended to read as
50 follows:
51 § 19-1902 Public hearing. Prior to the submission of the proposition
52 pursuant to subdivision one of section 19-1900, the board of trustees
53 shall conduct a public hearing on the proposed dissolution of the
54 village [on notice]. Notice of the public hearing shall be mailed by
55 certified or registered mail to the supervisor of the town or towns in
56 which the village is situated and notice shall be published at least ten
S. 1406--B 103 A. 2106--B
1 but not more than twenty days before such hearing in the official [news-
2 paper] newspapers of the village and the town or towns.
3 § 37. The village law is amended by adding a new section 19-1903 to
4 read as follows:
5 § 19-1903 Plan for dissolution. The plan for dissolution shall address
6 the following:
7 1. The disposition of property of the village.
8 2. The payment of outstanding obligations and the levy and collection
9 of the necessary taxes and assessments therefor.
10 3. The transfer or elimination of public employees.
11 4. Any agreements entered into with the town or towns in which the
12 village is situated in order to carry out the plan for dissolution.
13 5. Whether any local laws, ordinances, rules or regulations of the
14 village in effect on the date of the dissolution of the village shall
15 remain in effect for a period of time other than as provided by section
16 19-1910 of this article.
17 6. The continuation of village functions or services by the town.
18 7. A fiscal analysis of the effect of dissolution on the village and
19 the area of the town or towns outside of the village.
20 8. Any other matters desirable or necessary to carry out the dissol-
21 ution.
22 § 38. Subdivision 2 of section 19-1904 of the village law is amended
23 to read as follows:
24 2. Upon adoption by the board of trustees of such resolution, the
25 proposition and plan shall be mailed by certified or registered mail to
26 the supervisor of the town or towns in which the village is situated and
27 published in full in the official newspaper of the village.
28 § 39. Section 54 of the state finance law is amended by adding a new
29 subdivision 9 to read as follows:
30 9. a. Notwithstanding any inconsistent provision of this section or of
31 any other provision of law to the contrary, the payment of general
32 purpose local government aid for the support of local government for the
33 state fiscal year commencing April first, two thousand three, shall be
34 paid from an appropriation made for such purposes pursuant to the public
35 protection and general government budget for such state fiscal year in a
36 manner consistent with this subdivision. Subdivisions one through eight
37 of this section shall not be applicable to the payment of per capita
38 state aid for the support of local government.
39 b. Notwithstanding any inconsistent provision of article five of the
40 general construction law, in the fiscal year of the state commencing
41 April first, two thousand three, any city having a population of one
42 million or more shall be entitled to receive the same amount of general
43 purpose, local government aid that it received for such purpose pursuant
44 to chapter fifty of the laws of two thousand two, constituting the
45 public protection and general government budget, and section fifty-four
46 of the state finance law, as added by section twelve of chapter four
47 hundred thirty of the laws of nineteen hundred ninety-seven, as if the
48 provisions of such section fifty-four were in full force and effect for
49 the entire state fiscal year commencing April first, two thousand three.
50 Except as provided in paragraph c of this subdivision, each city, other
51 than any city having a population of one million or more, town and
52 village that was appropriated general purpose local government aid
53 pursuant to chapter fifty of the laws of two thousand two shall be enti-
54 tled to receive a total of one hundred five percent of the amount of aid
55 that it would be entitled to receive under section fifty-four of the
56 state finance law, as added by section twelve of chapter four hundred
S. 1406--B 104 A. 2106--B
1 thirty of the laws of nineteen hundred ninety-seven, as if the
2 provisions of such section fifty-four were in full force and effect for
3 the entire state fiscal year commencing April first, two thousand three.
4 Notwithstanding the provisions of this subdivision in the state fiscal
5 year commencing April first, two thousand three the village of East
6 Nassau, Rensselaer county, newly incorporated on January fourteenth,
7 nineteen hundred ninety-eight, shall be entitled to receive the same
8 amount of general purpose local government aid that it received for such
9 purpose pursuant to chapter fifty of the laws of two thousand two. All
10 aid pursuant to this section shall be paid in the same "on or before
11 month and day" manner as specified in chapter fifty of the laws of nine-
12 teen hundred ninety-six, constituting the general government budget.
13 c. Consolidations, mergers, or dissolutions-entitlement to general
14 purpose local government aid. In the case where any city, town, or
15 village consolidates, merges or dissolves, and the resulting successor
16 government has filed with the office of the state comptroller a certif-
17 icate of any such consolidation, merger, or dissolution, such successor
18 government shall be entitled to receive any payments of general purpose
19 local government aid which, pursuant to paragraph b of this subdivision,
20 would have been otherwise payable to the individual cities, towns, or
21 villages who were party to such consolidation, merger, or dissolution in
22 addition to the general purpose local government aid such successor
23 government is entitled to receive had no such consolidation, merger, or
24 dissolution occurred. The annual amount of general purpose local govern-
25 ment aid that any city, town, or village in which a municipality has
26 consolidated, merged, or dissolved shall be eligible to receive on the
27 date such city, town, or village is consolidated, merged, or dissolved
28 shall continue to be paid pursuant to paragraph b of this subdivision
29 for every state fiscal year following the date of such consolidation,
30 merger, or dissolution. In instances where only a portion of a city,
31 town, or village is party to a consolidation, merger, or dissolution,
32 general purpose local government aid payable to the resulting successor
33 government shall include only a pro rata share of the aid otherwise due
34 and payable to such city, town, or village. Such pro rata share shall be
35 based on a ratio of the two thousand federal decennial census population
36 of the portion consolidated, merged, or dissolved as compared to the
37 total two thousand federal decennial census population of the city,
38 town, or village party to such consolidation, merger, or dissolution.
39 § 40. Section 54-k of the state finance law is REPEALED and a new
40 section 54-k is added to read as follows:
41 § 54-k. Assistance to counties. There shall be apportioned and paid
42 to the several counties outside the city of New York, from moneys appro-
43 priated, the amount of seventeen million dollars ($17,000,000) on or
44 before July thirty-first, two thousand three. Each county outside the
45 city of New York shall receive an amount that is in direct proportion to
46 each county's percentage of the population, as determined by the two
47 thousand decennial federal census, as such county bears to the total
48 population of all counties outside the city of New York.
49 § 41. This act shall take effect immediately; provided, however,
50 (a) that sections four, five, six, seven, eight and nine of this act
51 shall expire June 1, 2008 when upon such date the provisions of such
52 sections shall be deemed repealed;
53 (b) section thirty-seven of this act shall be deemed to have been in
54 full force and effect on and after April 1, 2003; provided that the
55 provisions of subdivision 9 of section 54 of the state finance law, as
56 added by section thirty-nine of this act, shall expire and be deemed
S. 1406--B 105 A. 2106--B
1 repealed at the close of the state fiscal year ending on March 31, 2004;
2 and
3 (c) section forty of this act shall be deemed to have been in full
4 force and effect on and after April 1, 2003.
5 PART Y
6 Section 1. Section 325 of the county law is amended by adding a new
7 subdivision 17 to read as follows:
8 17. "Expedited deployment funding" means eligible wireless 911 costs
9 estimated to be incurred by local public safety answering points for
10 enhanced wireless 911 service.
11 § 2. Subdivision 5 of section 327 of the county law, as added by
12 section 1 of part G of chapter 81 of the laws of 2002, is amended to
13 read as follows:
14 5. Article two of the state administrative procedure act shall not
15 apply, provided, however, that the board shall publicly post the stand-
16 ards proposed pursuant to [subdivision four of] section three hundred
17 twenty-eight of this article no later than forty-five days prior to
18 their adoption. Such standards shall be posted in appropriate publica-
19 tions, the state register and on the department of state's website.
20 During such forty-five day period, the board shall receive and consider
21 public comment on the proposed standards before adopting final stand-
22 ards. Upon final adoption, those standards adopted pursuant to [subdivi-
23 sion four of] section three hundred twenty-eight of this article shall
24 be posted in appropriate publications, the state register and on the
25 department of state's website.
26 § 3. Subdivisions 5, 6 and 7 of section 328 of the county law are
27 renumbered subdivisions 6, 7 and 8 and a new subdivision 5 is added to
28 read as follows:
29 5. The board shall adopt standards governing reasonable eligible wire-
30 less 911 service costs for expedited deployment funding of enhanced
31 wireless 911 service, repayment provisions, and the criteria for
32 approval of priority enhanced wireless 911 plans for expedited deploy-
33 ment funding. Standards for expedited deployment funding shall consider
34 whether the projected costs are reasonably necessary for the provision
35 of enhanced wireless 911 service and whether the priority enhanced wire-
36 less plan conforms to the FCC order.
37 § 4. The county law is amended by adding a new section 333 to read as
38 follows:
39 § 333. Expedited deployment funding of local public safety answering
40 points. 1. Only local public safety answering points designated and
41 operated by a governmental entity, other than the state police, shall be
42 eligible for expedited deployment funding.
43 2. To apply for expedited deployment funding, such local public safety
44 answering points shall submit a written enhanced wireless 911 plan. An
45 enhanced wireless 911 plan shall include the following information and
46 such other information as may be required pursuant to standards adopted
47 by the board:
48 (a) a timeframe for planned enhanced wireless 911 implementation;
49 (b) a list of all wireless service suppliers licensed to provide
50 service in the county;
51 (c) a financial plan, including a summary of projected costs related
52 to equipment purchase, installation and approved maintenance necessary
53 to provide enhanced wireless 911 service;
S. 1406--B 106 A. 2106--B
1 (d) a list of specific projects eligible for expedited deployment
2 funding contained in the financial plan;
3 (e) a description of technologies to be used to provide enhanced wire-
4 less 911 service;
5 (f) documentation supporting the local public safety answering point's
6 ability to receive and utilize enhanced wireless 911 information within
7 one hundred eighty days of the submission of the plan; and
8 (g) a resolution from the governmental entity supporting the local
9 public safety answering point's request for expedited deployment fund-
10 ing.
11 3. The board shall have ninety days to review and approve such local
12 public safety answering point's enhanced wireless 911 plan. The plan
13 shall be determined by the board to be complete or incomplete within
14 ninety days of receipt of the plan. If the board does not issue a
15 determination of completeness or incompleteness within ninety days of
16 receipt of the plan, the plan shall be deemed approved. Upon approval of
17 the local public safety answering point's plan, the board shall submit
18 recommendations for expedited deployment funding contained in an
19 approved enhanced wireless 911 plan to the New York state dormitory
20 authority on a monthly basis pursuant to the provisions of section
21 sixteen hundred eighty-nine-h of the public authorities law.
22 4. (a) The dormitory authority shall make final determinations with
23 respect to such recommendations not later than the end of the following
24 month.
25 (b) The dormitory authority shall distribute monies from the fund to
26 the local public safety answering point for the payment of eligible
27 wireless 911 service costs pursuant to this section and in accordance
28 with the provisions of section sixteen hundred eighty-nine-h of the
29 public authorities law.
30 (c) A local public safety answering point whose plan has been denied
31 or who has been denied funding by the dormitory authority may appeal
32 such denial to the board.
33 5. Following distribution of expedited deployment funds, the local
34 public safety answering points shall submit receipts to accompany the
35 approved vouchers demonstrating that such expenditures have been
36 incurred. Any local public safety answering point which utilizes expe-
37 dited deployment funding for purposes other than those authorized by the
38 board shall be provided with written notice by the board of such unau-
39 thorized expenditures. Upon receipt of the notice, the local public
40 safety answering point shall cease making any expenditure involving
41 expedited deployment funding. The local public safety answering point
42 may petition and shall receive a hearing before the board within a
43 reasonable time. At the board's discretion, the local public safety
44 answering point shall be required to refund within thirty days any expe-
45 dited deployment funding spent on unauthorized expenditures. Local
46 public safety answering points which fail to cease making unauthorized
47 expenditures or fail to comply with a request to refund expedited
48 deployment funding shall be subject to a suspension of future funding by
49 the board.
50 6. Money shall not be allocated for any item other than eligible wire-
51 less 911 service costs as defined in subdivision sixteen of section
52 three hundred twenty-five of this article.
53 § 5. The public authorities law is amended by adding a new section
54 1689-h to read as follows:
55 § 1689-h. Expedited deployment funding. The authority is hereby
56 authorized to finance eligible costs associated with expedited deploy-
S. 1406--B 107 A. 2106--B
1 ment funding in accordance with the provisions of section three hundred
2 thirty-three of the county law.
3 1. (a) Notwithstanding the provisions of any general or special law to
4 the contrary, and subject to appropriations by the legislature, in order
5 to assist the authority in the financing and refinancing of such eligi-
6 ble costs, the director of the budget is authorized to enter into one or
7 more service contracts, none of which shall exceed thirty years in dura-
8 tion, with the authority, upon such terms as the director of the budget
9 and the authority agree;
10 (b) Any service contract entered into pursuant to paragraph (a) of
11 this subdivision or any payments made or to be made thereunder may be
12 assigned and pledged by the authority as security for its bonds, notes,
13 or other obligations;
14 (c) Any such service contract shall provide that the obligation of the
15 director of the budget or of the state to fund or to pay the amounts
16 therein provided for shall not constitute a debt of the state within the
17 meaning of any constitutional or statutory provision in the event the
18 authority assigns or pledges the service contract payments as security
19 for its bonds, notes, or other obligations and shall be deemed executory
20 only to the extent moneys are available and that no liability shall be
21 incurred by the state beyond the moneys available for the purpose, and
22 that such obligation is subject to annual appropriation by the legisla-
23 ture;
24 (d) Any service contract or contracts entered into pursuant to this
25 subdivision shall provide for state commitments to provide annually to
26 the authority a sum or sums, upon such terms and conditions as shall be
27 deemed appropriate by the director of the budget, to fund the principal,
28 interest, or other related expenses required for any such bonds, notes,
29 or other obligations.
30 2. The authority shall, from any appropriations made available for
31 this purpose, offer expedited deployment funding grants pursuant to
32 section three hundred thirty-three of the county law. Financing for such
33 grants authorized pursuant to this section shall only be made upon the
34 determination by the authority, in consultation with and upon recommen-
35 dation of the 911 board, that such grants will result in the expedited
36 deployment of enhanced wireless 911 service.
37 3. To obtain funds for the purposes of this subdivision, the authority
38 is hereby authorized to issue bonds or notes in an amount not to exceed
39 one hundred million dollars excluding bonds issued to fund one or more
40 debt service reserve funds, to pay costs of issuance of such bonds, and
41 bonds or notes issued to refund or otherwise repay such bonds or notes
42 previously issued, for payment of the costs of expedited deployment
43 funding in accordance with the provisions of section three hundred thir-
44 ty-three of the county law.
45 4. In computing, for the purposes of this subdivision, the aggregate
46 amount of indebtedness evidenced by bonds and notes of the authority
47 issued pursuant to this subdivision, there shall be excluded the amount
48 of such indebtedness represented by such bonds or notes issued to refund
49 or otherwise repay bonds or notes, provided that the amount so excluded
50 under this subdivision may exceed the principal amount of such bonds or
51 notes that were issued to refund or otherwise repay only if the present
52 value of the aggregate debt service on the refunding or repayment bonds
53 or notes shall not have at the time of their issuance exceeded the pres-
54 ent value of the aggregate debt service of the bonds or notes they were
55 issued to refund or repay, such present value in each case being calcu-
56 lated by using the effective interest rate of the refunding or repayment
S. 1406--B 108 A. 2106--B
1 bonds or notes, which shall be that rate arrived at by doubling the
2 semi-annual interest rate (compounded semi-annually) necessary to
3 discount the debt service payments on the refunding or repayment bonds
4 or notes from the payment date thereof to the date of issue of the
5 refunding or repayment bonds or notes and to the price bid therefor, or
6 to the proceeds received by the authority from the sale thereof, in each
7 case including estimated accrued interest.
8 § 6. Subdivision 5 of section 309 of the county law is amended by
9 adding a new paragraph (g) to read as follows:
10 (g) To provide the costs of debt service for bonds and notes issued to
11 finance expedited deployment funding pursuant to the provisions of
12 section three hundred thirty-three of this chapter and section sixteen
13 hundred eighty-nine-h of the public authorities law.
14 § 7. This act shall take effect immediately.
15 PART Z
16 Section 1. Legislative findings. It is hereby found, determined and
17 declared that the construction and operation of a casino in the city of
18 Niagara Falls can result in both economic benefits and additional munic-
19 ipal expenses for the host municipality as well as the need for other
20 public accommodations or improvements. Need for increased public
21 protection has risen with an increasing influx of tourists. Transporta-
22 tion, parking and other municipal infrastructures are effected by
23 increasing utilization and demands.
24 The legislature further finds that the need to coordinate the utiliza-
25 tion of tribal state casino compact revenues with existing state and
26 municipal programs and funding sources requires that a broad cross-sec-
27 tion of state and local officials participate in the planning process to
28 effectively accommodate the myriad governmental functions impacted by
29 the ongoing operation of a casino in a municipality.
30 Therefore, it is the intent of the legislature to establish a commis-
31 sion for planning and implementation of an accommodation and improvement
32 program to maximize the economically productive, socially positive and
33 tourist accommodating integration of the casino into its host munici-
34 pality of Niagara Falls.
35 § 2. 1. The Niagara Falls casino-community accommodation and improve-
36 ment commission is hereby created as a public corporation to develop,
37 plan and oversee the utilization of governmental resources made avail-
38 able via appropriation from the tribal-state compact revenue account
39 pursuant to section 99-h of the state finance law for the operation of a
40 casino gaming facility in Niagara Falls. Such commission shall have the
41 following powers and duties:
42 (a) assess the impacts of the operation of the casino gaming facility
43 on public protection, infrastructure, transportation, economic develop-
44 ment, health, environment and other such areas of public concern,
45 (b) coordinate the utilization of state and local revenue and govern-
46 mental programs in support of casino accommodation and related municipal
47 improvement efforts,
48 (c) develop a plan for the expenditure of monies appropriated from the
49 tribal-state compact revenue account, and
50 (d) annually submit such expenditure/reimbursement plan to the direc-
51 tor of the budget for implementation with copies to the chairman of the
52 senate finance committee and the assembly ways and means committee.
53 2. Such commission shall consist of five members including the mayor
54 of the city of Niagara Falls, the chairperson of the city council, one
S. 1406--B 109 A. 2106--B
1 member appointed by the governor who shall serve as chairperson, one
2 member appointed by the temporary president of the senate and one member
3 appointed by the speaker of the assembly. The commission may, by major-
4 ity vote appoint up to two additional non-voting members. Appointed
5 members shall serve for a term of four years. Vacancies in the member-
6 ship of such commission shall be filled in the same manner provided for
7 original appointments.
8 3. Such members of such commission shall receive no compensation for
9 their services.
10 4. Such commission shall be authorized to request resources, data,
11 support, and assistance from any department, division, board, bureau,
12 commission or agency of the state or any political subdivision thereof
13 as it may reasonably require to carry out properly its powers and duties
14 pursuant to this section.
15 5. Such commission shall submit its first annual
16 expenditure/reimbursement plan to the director of the budget, chairman
17 of the senate finance committee, and chairman of the assembly ways and
18 means committee not later than February 15, 2004 and thereafter such
19 annual plan shall be submitted not later than February 15 in each
20 succeeding year.
21 § 3. This act shall take effect on the same date and in the same
22 manner as a chapter of the laws of 2003, entitled "AN ACT in relation to
23 monies appropriated to the tribal state compact revenue account and
24 providing for the repeal of such provisions upon expiration thereof",
25 takes effect and shall remain in full force and effect until March 31,
26 2004 when upon such date the provisions of this act shall expire and be
27 deemed repealed.
28 PART A1
29 Section 1. The sum of three hundred sixteen million three hundred
30 ninety-seven thousand dollars ($316,397,000), or so much thereof as
31 shall be necessary, and in addition to amounts previously appropriated
32 by law, is hereby made available, in accordance with subdivision 1 of
33 section 380 of the public authorities law as amended, according to the
34 following schedule. Payments pursuant to subdivision (a) of this
35 section shall be made available as moneys become available for such
36 payments. Payments pursuant to subdivisions (b) and (c) of this section
37 shall be made available on the fifteenth day of June, September, Decem-
38 ber and March or as soon thereafter as moneys become available for such
39 payments. No moneys of the state in the state treasury or any of its
40 funds shall be available for payments pursuant to this section:
41 SCHEDULE
42 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
43 to municipalities for repayment of eligible costs of federal aid munici-
44 pal street and highway projects pursuant to section 15 of chapter 329 of
45 the laws of 1991, as added by section 9 of chapter 330 of the laws of
46 1991, as amended. The department of transportation shall provide such
47 information to the municipalities as may be necessary to maintain the
48 federal tax exempt status of any bonds, notes, or other obligations
49 issued by such municipalities to provide for the non-federal share of
50 the cost of projects pursuant to chapter 330 of the laws of 1991 or
51 section 80-b of the highway law.
52 (b) Two hundred seventeen million nine hundred thousand dollars
53 ($217,900,000) to counties, cities, towns and villages for reimbursement
S. 1406--B 110 A. 2106--B
1 of eligible costs of local highway and bridge projects pursuant to
2 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
3 section 9 of chapter 330 of the laws of 1991, as amended. For the
4 purposes of computing allocations to municipalities, the amount distrib-
5 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
6 deemed to be $114,188,000. The amount distributed pursuant to section
7 16-a of chapter 329 of the laws of 1991 shall be deemed to be
8 $103,712,000. Notwithstanding the provisions of any general or special
9 law, the amounts deemed distributed in accordance with section 16 of
10 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
11 will not be less than 78.750 percent of the "funding level" as defined
12 in subdivision 5 of section 10-c of the highway law for each such muni-
13 cipality. In order to achieve the objectives of section 16 of chapter
14 329 of the laws of 1991, to the extent necessary, the amounts in excess
15 of 78.750 percent of the funding level to be deemed distributed to each
16 municipality under this subdivision shall be reduced in equal propor-
17 tion.
18 (c) Fifty-eight million seven hundred ninety-seven thousand dollars
19 ($58,797,000) to municipalities for reimbursement of eligible costs of
20 local highway and bridge projects pursuant to sections 16 and 16-a of
21 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
22 the laws of 1991, as amended. For the purposes of computing allocations
23 to municipalities, the amount distributed pursuant to section 16 of
24 chapter 329 of the laws of 1991 shall be deemed to be $30,812,000. The
25 amount distributed pursuant to section 16-a of chapter 329 of the laws
26 of 1991 shall be deemed to be $27,985,000. Notwithstanding the
27 provisions of any general or special law, the amounts deemed distributed
28 in accordance with section 16 of chapter 329 of the laws of 1991 shall
29 be adjusted so that such amounts will not be less than 21.250 percent of
30 the "funding level" as defined in subdivision 5 of section 10-c of the
31 highway law for each such municipality. In order to achieve the objec-
32 tives of section 16 of chapter 329 of the laws of 1991, to the extent
33 necessary, the amounts in excess of 21.250 percent of the funding level
34 to be deemed distributed to each municipality under this paragraph shall
35 be reduced in equal proportion. To the extent that the total of remain-
36 ing payment allocations calculated herein varies from $58,797,000, the
37 payment amounts to each locality shall be adjusted by a uniform percent-
38 age so that the total payments equal $58,797,000.
39 § 2. Subdivision (b) of section 11 of chapter 329 of the laws of 1991,
40 amending the state finance law and other laws relating to the establish-
41 ment of the dedicated highway and bridge trust fund, as amended by
42 section 2 of part C of chapter 84 of the laws of 2002, is amended to
43 read as follows:
44 (b) Any service contract or contracts for projects authorized pursuant
45 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
46 14-k of the transportation law, and entered into pursuant to subdivision
47 (a) of this section, shall provide for state commitments to provide
48 annually to the thruway authority a sum or sums, upon such terms and
49 conditions as shall be deemed appropriate by the director of the budget,
50 to fund, or fund the debt service requirements of any bonds or any obli-
51 gations of the thruway authority issued to fund such projects having a
52 cost not in excess of [$3,811.44] $3,870.24 million cumulatively by the
53 end of fiscal year 2004-05.
54 § 3. Section 3 of part K of chapter 61 of the laws of 2000, amending
55 the public authorities law and chapter 329 of the laws of 1991 amending
56 the state finance law and other laws relating to the establishment of
S. 1406--B 111 A. 2106--B
1 the dedicated highway and bridge trust fund, as amended by section 3 of
2 part C of chapter 84 of the laws of 2002, is amended to read as follows:
3 § 3. The sum of two hundred fifty-seven million six hundred thousand
4 dollars ($257,600,000), or so much thereof as shall be necessary, and in
5 addition to amounts previously appropriated by law, is hereby made
6 available, in accordance with subdivision 1 of section 380 of the public
7 authorities law as amended, according to the following schedule.
8 Payments pursuant to subdivision (a) of this section shall be made
9 available as moneys become available for such payments. Payments pursu-
10 ant to subdivision (b) of this section shall be made on the fifteenth
11 day of June, September, December and March or as soon thereafter as
12 moneys become available for such payments. No moneys of the state in the
13 state treasury or any of its funds shall be available for payments
14 pursuant to this section:
15 SCHEDULE
16 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
17 to municipalities for repayment of eligible costs of federal aid munici-
18 pal street and highway projects pursuant to section 15 of chapter 329 of
19 the laws of 1991, as added by section 9 of chapter 330 of the laws of
20 1991, as amended. The department of transportation shall provide such
21 information to the municipalities as may be necessary to maintain the
22 federal tax exempt status of any bonds, notes, or other obligations
23 issued by such municipalities to provide for the non-federal share of
24 the cost of projects pursuant to chapter 330 of the laws of 1991 or
25 section 80-b of the highway law.
26 The program authorized pursuant to section 15 of chapter 329 of the
27 laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
28 as amended, shall additionally make payments for reimbursement according
29 to the following schedule:
30 State Fiscal Year Amount
31 2001-02 $39,700,000
32 2002-03 $39,700,000
33 2003-04 $39,700,000
34 2004-05 $39,700,000
35 (b) Two hundred seventeen million nine hundred thousand dollars
36 ($217,900,000) to counties, cities, towns and villages for reimbursement
37 of eligible costs of local highway and bridge projects pursuant to
38 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
39 section 9 of chapter 330 of the laws of 1991, as amended. For the
40 purposes of computing allocations to municipalities, the amount distrib-
41 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
42 deemed to be $114,188,000. The amount distributed pursuant to section
43 16-a of chapter 329 of the laws of 1991 shall be deemed to be
44 $103,712,000. Notwithstanding the provisions of any general or special
45 law, the amounts deemed distributed in accordance with section 16 of
46 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
47 will not be less than 78.750 percent of the "funding level" as defined
48 in subdivision 5 of section 10-c of the highway law for each such muni-
49 cipality. In order to achieve the objectives of section 16 of chapter
50 329 of the laws of 1991, to the extent necessary, the amounts in excess
51 of 78.750 percent of the funding level to be deemed distributed to each
52 municipality under this paragraph shall be reduced in equal proportion.
53 The program authorized pursuant to sections 16 and 16-a of chapter 329
54 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
55 1991, as amended, shall additionally make payments for reimbursement
56 according to the following schedule:
S. 1406--B 112 A. 2106--B
1 State Fiscal Year Amount
2 2001-02 $217,900,000
3 2002-03 $241,788,000
4 2003-04 [$217,900,000] $276,697,000
5 2004-05 $217,900,000
6 § 4. This act shall take effect April 1, 2003; provided, however, if
7 this act shall become a law after such date it shall take effect imme-
8 diately and shall be deemed to have been in full force and effect on and
9 after April 1, 2003.
10 PART B1
11 Section 1. Section 5 of chapter 3 of the laws of 2002 amending the
12 vehicle and traffic law relating to reducing the blood alcohol level
13 threshold for determination of intoxication is amended to read as
14 follows:
15 § 5. This act shall take effect [on the first day of November next
16 succeeding the date on which it shall have become a law] July 1, 2003,
17 provided, however, that the amendments to clauses a and b of subpara-
18 graph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle
19 and traffic law made by section three of this act shall not affect the
20 repeal of such subparagraph and shall be deemed repealed therewith.
21 § 2. This act shall take effect immediately.
22 PART C1
23 Section 1. Subparagraph 2 of paragraph g of the ninth undesignated
24 paragraph of section 1005 of the public authorities law, as amended by
25 chapter 226 of the laws of 2002, is amended to read as follows:
26 2. The authority, as deemed feasible and advisable by the trustees, is
27 authorized to make an additional annual voluntary contribution into the
28 state treasury to the credit of the general fund. The authority shall
29 make such contribution no later than ninety days after the end of the
30 calendar year in which a credit under subdivision nine of section one
31 hundred eighty-six-a of the tax law is available for the additional
32 three hundred megawatts of power under the fourth phase of the program
33 provided under chapter sixty-three of the laws of two thousand and under
34 the fifth phase for the additional one hundred eighty-three megawatts
35 provided under [a] chapter two hundred twenty-six of the laws of two
36 thousand two. Such annual contribution shall be equal to fifty percent
37 of the total amount of such credits available each year to all local
38 distributors of electricity. In addition, such authorization for
39 contribution in state fiscal year two thousand two--two thousand three
40 shall be equal to the total amount of credit available in two thousand
41 one and two thousand two; and such authorization for contribution in
42 state fiscal year two thousand three--two thousand four shall be equal
43 to the total amount of credit available in two thousand three; under
44 subdivision nine of section one hundred eighty-six-a of the tax law
45 under the fourth phase of the program for the additional three hundred
46 megawatts provided under chapter sixty-three of the laws of two thousand
47 and under the fifth phase for the additional one hundred eighty-three
48 megawatts provided under [a] chapter two hundred twenty-six of the laws
49 of two thousand two. The department of public service shall estimate
50 the payment due by the end of the calendar year in which the credit is
51 available. In no case shall the amount of the total annual contributions
52 for the years during which delivery and sale of phase four and phase
S. 1406--B 113 A. 2106--B
1 five power takes place exceed the aggregate total of one hundred twen-
2 ty-five million dollars. Such aggregate total shall be in addition to
3 any contribution made pursuant to subparagraph one of this paragraph.
4 § 2. This act shall take effect April 1, 2003; provided, however, that
5 the amendments to the ninth undesignated paragraph of section 1005 of
6 the public authorities law made by section one of this act shall not
7 affect the expiration of such paragraph and shall be deemed to expire
8 therewith.
9 PART D1
10 (Intentionally Omitted)
11 PART E1
12 Section 1. The dormitory authority of the state of New York is author-
13 ized to enter into an agreement with Cornell University for the support
14 of operation of the parallel computing supercomputers at the theory
15 center for supercomputers in connection with the business of the dormi-
16 tory authority in an amount not to exceed $1,200,000 over amounts previ-
17 ously authorized.
18 § 2. This act shall take effect April 1, 2003; provided, however, if
19 this act shall become a law after such date it shall take effect imme-
20 diately and shall be deemed to have been in full force and effect on and
21 after April 1, 2003.
22 PART F1
23 Section 1. Subdivision 4 of section 903 of the private housing finance
24 law, as amended by section 1 of part D of chapter 84 of the laws of
25 2002, is amended to read as follows:
26 4. Contracts entered into hereunder with neighborhood preservation
27 companies shall be limited in duration to periods of one year, but may
28 thereafter be renewed, extended or succeeded by new contracts from year
29 to year in the discretion of the commissioner; they shall be limited in
30 amount to the sum of one hundred thousand dollars in a single year and
31 to the aggregate sum of one million [six hundred eighty] seven hundred
32 sixty thousand dollars for a single neighborhood preservation company,
33 provided that in any year in which the aggregate sum of three hundred
34 thousand dollars shall have been reached and all succeeding years, the
35 annual contract amount shall be subject to a limit of eighty thousand
36 dollars per year; they shall define with particularity the neighborhood
37 or portion thereof within which the neighborhood preservation activities
38 shall be performed; they shall specify the nature of the neighborhood
39 preservation activities which shall be performed including the approxi-
40 mate number of buildings, residential dwelling units and local retail
41 and service establishments which shall be affected; they shall locate
42 and describe, with as much particularity as is reasonably possible, the
43 buildings with respect to which such activities shall be performed
44 during the contract term; and they shall specify the number of persons,
45 salaries or rates of compensation and a description of duties of those
46 who shall be engaged by the neighborhood preservation company to perform
47 the activities embraced by the contract together with a schedule of
48 other anticipated expenses.
S. 1406--B 114 A. 2106--B
1 § 2. Subdivision 4 of section 1003 of the private housing finance law,
2 as amended by section 2 of part D of chapter 84 of the laws of 2002, is
3 amended to read as follows:
4 4. Contracts pursuant to this section shall be for a period of no more
5 than one year, but may be renewed or extended from year to year, and
6 shall provide for payment by the division of no more than one hundred
7 thousand dollars per year and shall be limited to the aggregate sum of
8 one million [six hundred eighty] seven hundred sixty thousand dollars
9 for a single corporation, provided that in any year in which the aggre-
10 gate sum of three hundred thousand dollars shall have been reached and
11 all succeeding years, the annual contract amount shall be subject to a
12 limit of eighty thousand dollars per year; they shall define with parti-
13 cularity the region or portion thereof within which the housing preser-
14 vation and community renewal activities shall be performed; they shall
15 specify the nature of the housing preservation and community renewal
16 activities which shall be performed including the approximate number of
17 buildings, residential dwelling units and local retail and service
18 establishments which shall be affected; they shall locate and describe,
19 with as much particularity as is reasonably possible, the buildings with
20 respect to which such activities shall be performed during the contract
21 term; and they shall specify the number of persons, salaries or rates of
22 compensation and a description of duties of those who shall be engaged
23 by the corporation to perform the activities embraced by the contract
24 together with a schedule of other anticipated expenses.
25 § 3. This act shall take effect immediately and shall be deemed to be
26 in full force and effect on and after April 1, 2003.
27 PART G1
28 (Intentionally Omitted)
29 PART H1
30 Section 1. Paragraph (d) of subdivision 2 of section 18-a of the
31 public service law, as amended by chapter 15 of the laws of 1983, is
32 amended to read as follows:
33 (d) The amount of such bill for fiscal years beginning on or after
34 April first, nineteen hundred eighty-three so rendered shall be paid by
35 such public utility company to the department on or before April first;
36 provided, however, that a utility company may elect to make partial
37 payments for such costs and expenses on March tenth of the preceding
38 fiscal year and on [June tenth,] September tenth[, and December tenth]
39 of such fiscal year. Provided further, however, that [the] for the
40 fiscal year beginning April two thousand three payment will be due March
41 tenth, [nineteen hundred eighty-three for the fiscal year beginning
42 April first, nineteen hundred eighty-three shall not be required to be
43 paid until] two thousand three at twenty-five percentum; June tenth,
44 [nineteen hundred eighty-three. Each] two thousand three at twenty-five
45 percentum; and September tenth, two thousand three at fifty percentum.
46 Thereafter, each such partial payment shall be a sum equal to [twenty-
47 five] fifty percentum of the estimate of costs and expenses to be
48 assessed against such utility company under the provisions of this
49 subdivision and shall not be less than ten dollars.
50 § 2. Subdivision 11 of section 92-c of the public service law, as
51 amended by chapter 730 of the laws of 1994, is amended to read as
52 follows:
S. 1406--B 115 A. 2106--B
1 11. [A] Until March thirty-first, two thousand six, a fee of twenty-
2 five cents per month per access line assigned to a COCOT is hereby
3 imposed upon each and every COCOT. The local exchange company shall, act
4 as a collection agent for such fees, and remit the funds collected to
5 the department no later than the fifteenth of each and every month. The
6 department shall deposit the funds as soon as received in the COCOT
7 enforcement fund established pursuant to section ninety-two-w of the
8 state finance law.
9 § 3. Section 92-a of the public service law, as added by chapter 487
10 of the laws of 1987, is amended to read as follows:
11 § 92-a. Special telephone equipment for hearing impaired persons. 1.
12 The commission shall require any regulated landline telephone corpo-
13 ration providing local exchange service to sell or lease special tele-
14 communication equipment to a person certified as hearing impaired where
15 the addition of such equipment is necessary to enable such person to
16 access and utilize the local exchange network. The sale of such equip-
17 ment shall be at an amount not to exceed the actual purchase price by
18 the corporation and the lease of such equipment shall be at a rate to be
19 determined by the commission. Any person who leases such equipment shall
20 be permitted to apply the lease payments toward the equipment's
21 purchase.
22 2. The commission shall authorize the establishment of the New York
23 telecommunications relay service center. In developing a request for
24 proposals to provide telecommunications relay service the commission
25 shall include the following minimum provisions:
26 (a) The New York telecommunications relay service center shall be
27 located within the municipality of Syracuse, New York;
28 (b) A minimum of eighty percent of all calls utilizing telecommuni-
29 cations relay service must be routed to and through the New York tele-
30 communications relay service center; and
31 (c) A contract to provide telecommunications relay service shall be
32 renewable for up to five years, and the commission shall be empowered to
33 promulgate and adopt all regulations required to implement the terms of
34 this subdivision.
35 § 4. This act shall take effect on April 1, 2003, provided, however,
36 if this act shall become a law after such date it shall take effect
37 immediately and shall be deemed to have been in full force and effect on
38 and after April 1, 2003, provided, further, that section three of this
39 act shall expire on June 1, 2008.
40 PART I1
41 Section 1. Section 16 of the agriculture and markets law is amended by
42 adding a new subdivision 25-b to read as follows:
43 25-b. Require and receive the payment of a fee of fifty dollars for
44 the issuance of certificates of compliance with the food related
45 provisions of this chapter and the regulations promulgated pursuant
46 thereto. Notwithstanding any other provision of law to the contrary, the
47 commissioner is hereby authorized and directed to deposit all money
48 received pursuant to this subdivision in an account within the miscella-
49 neous special revenue fund.
50 § 2. Section 96-b of the agriculture and markets law, as amended by
51 chapter 573 of the laws of 2002, is amended to read as follows:
52 § 96-b. License required. No person, firm, partnership or corporation
53 not granted inspection pursuant to the federal meat inspection act, the
54 federal poultry products inspection act, article five-B or article
S. 1406--B 116 A. 2106--B
1 five-D of this chapter shall operate any place or establishment where
2 animals or fowls are slaughtered or butchered for food unless such
3 person, firm, partnership or corporation be licensed by the commission-
4 er. In addition to any other requirements established by the commission-
5 er, such license shall prohibit the slaughter or butchering by slaught-
6 erhouses of domesticated dog and domesticated cat to create food, meat,
7 meat by-products or meat food products for human or animal consumption.
8 An application for license shall be made upon a form prescribed by the
9 commissioner on or before the first day of May in every other year, for
10 a two year license period commencing upon the following first day of
11 June. With the application there shall be paid a license fee of [twenty]
12 two hundred dollars.
13 § 3. Subdivision 1 of section 129 of the agriculture and markets law,
14 as added by chapter 816 of the laws of 1974, is amended to read as
15 follows:
16 1. No person shall manufacture or hold in any facility within this
17 state any commercial feed [in this state] for sale or distribution
18 unless [the facility where such feed is manufactured has been] he or she
19 is registered pursuant to the provisions of this section. [Such regis-
20 tration once approved shall be permanent unless revoked pursuant to the
21 provisions of this section.] The biennial registration fee shall be one
22 hundred dollars. Application, upon a form prescribed by the commission-
23 er, shall be made on or before June first of every other year for the
24 registration period beginning July first following.
25 § 4. Section 135 of the agriculture and markets law, as added by chap-
26 ter 816 of the laws of 1974, is amended to read as follows:
27 § 135. Rules and regulations. The commissioner is hereby authorized,
28 after public hearing, to adopt and promulgate such rules and regulations
29 to supplement and give full effect to the provisions of this article as
30 he may deem necessary, provided, that the commissioner may adopt and
31 promulgate, insofar as appropriate, without public hearing, any rules
32 and regulations promulgated under any federal act or acts or change or
33 amend the regulations promulgated hereunder so as to conform, insofar as
34 appropriate, to those promulgated under such federal act or acts. The
35 commissioner may, if he or she determines that the protection of the
36 consumers of the state is not impaired by such action, provide by regu-
37 lation for exemption from registration of small feed distributors when
38 he or she finds that such an exemption would avoid unnecessary regu-
39 lation and assist in the administration of the article without impairing
40 such article's purpose.
41 § 5. Section 163-a of the agriculture and markets law, as amended by
42 chapter 233 of the laws of 1995, is amended to read as follows:
43 § 163-a. Application. Any nursery grower or nursery dealer, except
44 those nursery dealers selling, transporting, or handling for sale or
45 otherwise disposing of nursery stock, exclusively consisting of indoor
46 plants, at a retail level, desiring to sell, or selling, or handling for
47 sale, or otherwise disposing of nursery stock in this state shall make
48 application in writing to the commissioner upon a form prescribed by the
49 commissioner. The application shall be made on or before the first day
50 of November[, nineteen hundred ninety-six for nursery growers and the
51 first day of November, nineteen hundred ninety-five for nursery deal-
52 ers,] and every other year thereafter for the [license] registration
53 period beginning in December and shall be accompanied by a fee of
54 [forty] one hundred dollars [for a registration fee as a nursery grower
55 or twenty dollars for a registration fee as a nursery dealer]. The
56 commissioner may exempt from the payment of such fees agencies or
S. 1406--B 117 A. 2106--B
1 authorities of the state; county, city, town, or village governments; or
2 other entities providing benefit to the general public, including but
3 not limited to, botanical gardens.
4 § 6. Subdivision 1 of section 163-b of the agriculture and markets
5 law, as amended by chapter 55 of the laws of 1992, is amended to read as
6 follows:
7 1. The commissioner after a nursery has been found to be apparently
8 free from injurious insects and plant diseases shall register each nurs-
9 ery grower desiring to sell, or selling, or handling for sale, or other-
10 wise disposing of nursery stock in this state in accordance with the
11 intent disclosed in the application and shall issue a certificate, upon
12 a form to be prescribed by the commissioner, declaring that such nursery
13 grower is duly registered and authorized to do business in this state.
14 If such nursery grower is maintaining or operating premises in
15 connection with his or her business in more than one place within the
16 state then he or she shall obtain an additional registration for each
17 place of business [at an additional fee of ten dollars each], provided
18 there shall be no additional fee for such additional registrations.
19 § 7. Section 231 of the agriculture and markets law, as amended by
20 chapter 122 of the laws of 1988, is amended to read as follows:
21 § 231. Licenses, issuance of. No person or corporation shall maintain
22 or operate any refrigerated warehouse and/or locker plant unless
23 licensed by the commissioner. Application, upon a form prescribed by
24 the commissioner, shall be made on or before September first of every
25 other year for the license period beginning October first following. The
26 applicant shall satisfy the commissioner of his or its character, finan-
27 cial responsibility, and competency to operate a refrigerated warehouse
28 or locker plant. The commissioner, if so satisfied, shall, upon receipt
29 of the license fee or fees, issue to the applicant a license or licenses
30 to operate the refrigerated warehouse or warehouses or locker plant or
31 locker plants described in the application until the first day of Octo-
32 ber of the year following the year in which such license was issued. The
33 biennial license fee shall be [fifty] two hundred dollars for each
34 refrigerated warehouse[, except that the biennial license fee for a
35 refrigerated warehouse storing fresh fruit and vegetables, or either of
36 them, and no other articles of food, shall be ten dollars]. If a locker
37 plant is operated as part of a refrigerated warehouse and upon the same
38 premises, no additional license fee shall be required.
39 § 8. Article 28 of the agriculture and markets law, as added by chap-
40 ter 278 of the laws of 2000, is amended to read as follows:
41 ARTICLE 28
42 SPECIAL POWERS AND DUTIES OF THE DEPARTMENT WITH RESPECT TO
43 RETAIL FOOD STORES, FOOD SERVICE ESTABLISHMENTS AND FOOD
44 WAREHOUSES
45 Section 500. Special powers and duties of the department with respect to
46 retail food stores, food service establishments and food
47 warehouses.
48 § 500. Special powers and duties of the department with respect to
49 retail food stores, food service establishments and food warehouses. 1.
50 Definitions. For the purposes of this section, the following terms shall
51 have the following meanings:
52 (a) "Food service establishment" means any place where food is
53 prepared and intended for individual portion service, and includes the
54 site at which individual portions are provided, whether consumption
55 occurs on or off the premises, or whether or not there is a charge for
56 the food.
S. 1406--B 118 A. 2106--B
1 (b) "Retail food store" means any establishment or section of an
2 establishment where food and food products are offered to the consumer
3 and intended for off-premises consumption. The term does not include
4 establishments which handle only pre-packaged, non-potentially hazardous
5 foods, roadside markets that offer only fresh fruits and fresh vegeta-
6 bles for sale, food service establishments, or food and beverage vending
7 machines.
8 (c) "Zone" means an administratively determined geographic portion of
9 the state to which inspectors are assigned by the department.
10 (d) "Food warehouse" shall mean any food establishment in which food
11 is held for commercial distribution.
12 2. Each retail food store shall post a copy of the date and results of
13 its most recent sanitary inspection by the department in a conspicuous
14 location near each public entrance, as prescribed by the commissioner.
15 Such copies shall also be made available to the public upon request.
16 3. (a) The department shall assign at least one retail food specialist
17 to each inspection zone. Such specialists shall assist retail food
18 stores in remedying chronic deficiencies and shall ensure that effective
19 pest control and other sanitary measures are properly implemented.
20 (b) Such specialists shall be given additional training to that
21 normally provided to sanitary inspectors to qualify them for their
22 duties under this section, with particular emphasis on the problems
23 unique to retail food stores and pest control measures.
24 4. The department shall inspect each retail food store at least once
25 in every twelve month period. Any store that fails two consecutive
26 inspections shall be inspected at least once in every six month period
27 until it has passed two consecutive inspections. In the event that a
28 retail food store fails three consecutive inspections, the department
29 may, in its discretion, order such establishment to cease all retail
30 operation until it passes inspection or suspend or revoke any license
31 issued to such establishment pursuant to article twenty-C of this chap-
32 ter.
33 5. Licensure. No person shall maintain or operate a retail food store,
34 food service establishment or food warehouse unless such establishment
35 is licensed pursuant to the provisions of this article, provided, howev-
36 er, that establishments registered, permitted or licensed by the depart-
37 ment pursuant to other provisions of this chapter, under permit and
38 inspection by the state department of health or by a local health agency
39 which maintains a program certified and approved by the state commis-
40 sioner of health, or subject to inspection by the United States depart-
41 ment of agriculture pursuant to the federal meat, poultry or egg
42 inspection programs, shall be exempt from licensure under this article.
43 Application for licensure of a retail food store, food service estab-
44 lishment or food warehouse shall be made, upon a form prescribed by the
45 commissioner, on or before December first of every other year for the
46 registration period beginning January first following. Upon submission
47 of a completed application, together with the applicable licensing fee,
48 the commissioner shall license the retail food store, food service
49 establishment or food warehouse described in the application for two
50 years from the applicable registration commencement period set forth in
51 this section. The licensing fee shall be one hundred dollars provided,
52 however, that food warehouses shall pay a licensing fee of two hundred
53 dollars. The commissioner shall prorate the licensing fee for any person
54 licensed after the commencement of the licensing period.
55 § 9. This act shall take effect immediately, except that section nine
56 of this act shall take effect on the one hundred eightieth day after it
S. 1406--B 119 A. 2106--B
1 shall have become a law; provided, however, that effective immediately,
2 the addition, amendment and/or repeal of any rule or regulation neces-
3 sary for the implementation of this act on its effective date is author-
4 ized and directed to be made and completed on or before such effective
5 date.
6 PART J1
7 Section 1. Paragraph (b) of subdivision 2 of section 2975 of the
8 public authorities law, as amended by chapter 55 of the laws of 1992, is
9 amended to read as follows:
10 (b) On or before [August] November first, [nineteen hundred eighty-
11 nine and on or before August first each year thereafter] two thousand
12 three and on or before November first of each year thereafter, the
13 director of the budget shall [prorate the lesser of: (i) the total
14 amount of the annual expenses determined pursuant to paragraph (a) of
15 this subdivision; or (ii) twenty million dollars annually. Public bene-
16 fit corporations shall be assessed such prorated amounts based upon the
17 proportion of the outstanding debt, consisting of bonds, notes and other
18 obligations of each public benefit corporation, to the total of such
19 debt for such public benefit corporations, as determined by the director
20 of the budget] determine the amount owed under this section by each
21 public benefit corporation. The director of the budget may reduce, in
22 whole or part, the amount of such assessment if the payment thereof
23 would necessitate a state appropriation for the purpose, or would other-
24 wise impose an extraordinary hardship upon the affected public benefit
25 corporation. The aggregate amount assessed under this section in any
26 given state fiscal year may not exceed forty million dollars.
27 § 2. Subdivision 3 of section 2975 of the public authorities law, as
28 added by chapter 62 of the laws of 1989, is amended to read as follows:
29 3. The state treasurer shall impose and collect such assessments,
30 which shall be paid no later than [December] March thirty-first follow-
31 ing the imposition of the assessments, and pay the same into the state
32 treasury to the credit of the general fund.
33 § 3. This act shall take effect April 1, 2003, provided, however, if
34 this act shall become a law after such date it shall take effect imme-
35 diately and shall be deemed to have been in full force and effect on and
36 after April 1, 2003.
37 PART K1
38 Section 1. Subdivisions 1 and 2 of section 97-nn of the state finance
39 law, as amended by chapter 138 of the laws of 1998, are amended to read
40 as follows:
41 1. There is hereby established in the joint custody of the commission-
42 er of parks, recreation and historic preservation and the state comp-
43 troller a special fund to be known as the "I love NY waterways" boating
44 safety fund. The moneys in such fund shall be available upon appropri-
45 ation to the office of parks, recreation and historic preservation for:
46 (a) the administration and enforcement of the boating safety program
47 including payments to counties for expenditures incurred in connection
48 with such county's waterway boating safety program pursuant to section
49 seventy-nine-b of the navigation law, including costs and expenses inci-
50 dental and appurtenant thereto; and
51 (b) the creation, enhancement or maintenance of state or municipal
52 facilities or services to provide boating access to the waters of the
S. 1406--B 120 A. 2106--B
1 state, provided that the state share of the cost of any project for the
2 creation, enhancement or maintenance of municipal facilities or services
3 shall not exceed fifty percent of such cost.
4 2. The "I love NY waterways" boating safety fund shall consist of:
5 (a) the revenues required to be deposited therein pursuant to the
6 provisions of sections seventy-eight and two hundred one of the naviga-
7 tion law, and all other moneys credited or transferred thereto from any
8 other fund or source pursuant to law; and
9 (b) the vessel access subaccount consisting of the revenues derived
10 from the vessel access surcharge collected upon the registration of
11 vessels pursuant to section twenty-two hundred fifty-one of the vehicle
12 and traffic law.
13 § 2. Subdivision 3 of section 2251 of the vehicle and traffic law, as
14 added by chapter 484 of the laws of 1985, is amended to read as follows:
15 3. Fees. The triennial fee for registration of a vessel shall be:
16 [nine] eighteen dollars and a vessel surcharge of three dollars, if less
17 than sixteen feet in length; [eighteen] thirty-six dollars and a vessel
18 surcharge of ten dollars, if sixteen feet or over but less than twenty-
19 six feet in length; [thirty] sixty dollars and a vessel surcharge of
20 fifteen dollars, if twenty-six feet or over. All funds derived from the
21 collection of the vessel access surcharge pursuant to this subdivision
22 are to be deposited in a subaccount of the "I love NY waterways" boating
23 safety fund established pursuant to section ninety-seven-nn of the state
24 finance law. The vessel access surcharge shall not be considered a
25 registration fee for purposes of section seventy-nine-b of the naviga-
26 tion law.
27 § 3. This act shall take effect on the ninetieth day after it shall
28 have become a law.
29 PART L1
30 Section 1. (a) Subject to the provisions of chapter 59 of the laws of
31 2000, but notwithstanding the provisions of section 18 of the New York
32 state urban development corporation act, the urban development corpo-
33 ration is hereby authorized to issue bonds or notes in one or more
34 series in an aggregate principal amount not to exceed $50,000,000,
35 excluding bonds issued to fund one or more debt service reserve funds,
36 to pay costs of issuance of such bonds, and bonds or notes issued to
37 refund or otherwise repay such bonds or notes previously issued, for the
38 purpose of making grants, loans or combinations thereof for economic
39 development projects which will facilitate the creation or retention of
40 jobs or increase business activity within downtown Buffalo, the Buffalo
41 inner harbor area or surrounding environs; and to reimburse the state
42 capital projects fund for disbursements made therefor. Notwithstanding
43 any other provision of law to the contrary, such project shall be deter-
44 mined pursuant to a memorandum of understanding to be executed by the
45 governor, the temporary president of the senate and the speaker of the
46 assembly. Eligible project(s) shall include, but not be limited to
47 Hauptman-Woodward Medical Research Institute; Buffalo Medical Campus;
48 University of Buffalo - Center of Excellence in Bioinformatics; Roswell
49 Park Cancer Institute Corporation; and other projects relating to
50 historic preservation, Cultural facilities; and transportation projects.
51 Eligible project costs may include, but not be limited to the costs of
52 design, financing, site acquisition and preparation, working capital,
53 demolition, construction, rehabilitation, acquisition of machinery and
54 equipment, parking facilities, and infrastructure. Such bonds and notes
S. 1406--B 121 A. 2106--B
1 of the corporation shall not be a debt of the state and the state shall
2 not be liable thereon, nor shall they be payable out of any funds other
3 than those appropriated by the state to the corporation for debt service
4 and related expenses pursuant to any service contract executed pursuant
5 to subdivision (b) of this section, and such bonds and notes shall
6 contain on the face thereof a statement to such effect. Except for
7 purposes of complying with the internal revenue code, any interest
8 income earned on bond proceeds shall only be used to pay debt service on
9 such bonds.
10 (b) Notwithstanding any other law, rule or regulation to the contrary,
11 in order to assist the corporation in undertaking the administration and
12 financing of projects authorized pursuant to subdivision (a) of this
13 section, the director of the budget is hereby authorized to enter into
14 one or more service contracts with the corporation, none of which shall
15 exceed more than 15 years in duration, upon such terms and conditions as
16 the director of the budget and the corporation agree, so as to annually
17 provide to the corporation, in the aggregate, a sum not to exceed the
18 annual debt service payments and related expenses required for the bonds
19 and notes issued pursuant to this section. Any service contract entered
20 into pursuant to this subdivision shall provide that the obligation of
21 the state to pay the amount therein provided shall not constitute a debt
22 of the state within the meaning of any constitutional or statutory
23 provision and shall be deemed executory only to the extent of monies
24 available and that no liability shall be incurred by the state beyond
25 the monies available for such purposes, subject to annual appropriation
26 by the legislature. Any such contract or any payments made or to be made
27 thereunder may be assigned or pledged by the corporation as security for
28 its bonds and notes, as authorized by this section.
29 § 2. This act shall take effect April 1, 2003; provided, however, that
30 if this act shall become a law after such date it shall take effect
31 immediately and shall be deemed to have been in full force and effect on
32 and after April 1, 2003.
33 PART M1
34 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
35 New York state urban development corporation act, as amended by section
36 1 of part K of chapter 84 of the laws of 2002, is amended to read as
37 follows:
38 § 2. This act shall take effect immediately provided, however, that
39 section one of this act shall expire on July 1, [2003] 2004, at which
40 time the provisions of subdivision 26 of section 5 of the New York state
41 urban development corporation act shall be deemed repealed; provided,
42 however, that neither the expiration nor the repeal of such subdivision
43 as provided for herein shall be deemed to affect or impair in any manner
44 any loan made pursuant to the authority of such subdivision prior to
45 such expiration and repeal.
46 § 2. Section 1 of chapter 174 of the laws of 1968 constituting the New
47 York state urban development corporation act, is amended by adding a new
48 section 30-a to read as follows:
49 § 30-a. With respect to applications for assistance submitted pursuant
50 to this act:
51 (a) The corporation shall, upon receipt of an application or other
52 formal request for funding for any project, provide notice of such
53 application or request within ten days of such receipt to the senator
S. 1406--B 122 A. 2106--B
1 and member of assembly representing the district in which such project
2 is to be located;
3 (b) The corporation shall provide copies of all correspondence relat-
4 ing to each such application to such senator or member of assembly on a
5 timely basis; provided, however, that proprietary information may be
6 withheld from such correspondence if such senator and member of assembly
7 is given notice that such information has been withheld;
8 (c) Such senators and members of assembly shall be provided notice of
9 all proceedings relating to such application and shall be invited to
10 participate in such proceedings. A copy of such notice shall also be
11 provided to the designees of the temporary president of the senate and
12 the speaker of assembly;
13 (d) Such senators and members of assembly shall be provided with
14 notice of the final disposition of the application by the corporation
15 and the reasons for such disposition;
16 (e) In order to ensure that the funds appropriated for existing statu-
17 tory programs are approved in a equitable, ratable and timely manner,
18 the corporation shall:
19 (1) require all projects, including those in an amount of fifty thou-
20 sand dollars or less, be approved by the governing board of the corpo-
21 ration and included in the agenda and the minutes of the meetings of the
22 board, accompanied by a summary of the proposed project and the source
23 of funds used to finance the project; and
24 (2) require projects to be financed out of the empire state economic
25 development fund be approved generally in amounts which are proportional
26 to amounts appropriated for the urban and community development program,
27 and the minority and women-owned business development and lending
28 program;
29 (f) The corporation shall accept no funds through transfer from the
30 department of economic development for personal or nonpersonal service
31 expenses, except for economic development program funds where such
32 transfer will facilitate the prompt and effective distribution of
33 program funds to projects, provided that those funds are used for the
34 statutory purposes for which they were appropriated to the department of
35 economic development;
36 (g) No later than twenty days after the end of each fiscal year quar-
37 ter, the chairman of the urban development corporation shall:
38 (1) report to the senate majority leader and the speaker of the assem-
39 bly on the status of all economic development programs administered
40 during the current fiscal year. Such report shall include but not be
41 limited to:
42 (A) a cumulative summary of commitments and disbursements by year of
43 original appropriation;
44 (B) the geographic distribution of approved projects;
45 (C) the extent to which approved projects are expected to create or
46 retain jobs in New York state; and
47 (D) the impact of approved projects, where quantified and available,
48 on distressed urban and rural communities, small- and medium-sized busi-
49 nesses, and strategic industries.
50 (2) Copies of such report shall also be provided to the designees of
51 the temporary president of the senate and the speaker of the assembly in
52 both paper and electronic format;
53 (h) If: (1) such report is not submitted on or before the acquired
54 date, or (ii) the corporation has failed to undertake a good faith
55 effort to comply with this act, upon a written determination of non-com-
56 pliance issued, not more than quarterly, by either the temporary presi-
S. 1406--B 123 A. 2106--B
1 dent of the senate or speaker of the assembly, the corporation agrees
2 that it shall approve no further project commitments from the empire
3 state economic development fund and no state funds appropriated from the
4 local assistance account shall be allocated to the corporation for such
5 commitments until such report is submitted or the corporation provides
6 evidence of good faith effort to be in compliance with provisions here-
7 of; and
8 (i) Upon the issuance of such a determination of non-compliance, the
9 corporation shall undertake the necessary acts to comply with this
10 agreement and shall provide evidence of such compliance within ten days
11 of receipt of such determination.
12 § 3. The urban development corporation shall submit for approval to
13 the director of the budget a comprehensive financial plan for the corpo-
14 ration and its subsidiaries for expenditures, regardless of source,
15 including but not limited to those from the debt service account, the
16 excess debt service account, the housing repair and modernization fund
17 account, the interest income account, and the economic development
18 income account, in such detail as the director of the budget may
19 require. The director of the budget shall file copies of such financial
20 plan with the senate finance committee, the assembly ways and means
21 committee and the department of audit and control in both paper and
22 electronic format.
23 § 4. 1. Notwithstanding any provision of law to the contrary, the
24 urban development corporation shall establish accounts and subaccounts
25 within the treasury of such corporation which shall reflect and consist
26 of all funds made available to such corporation, at any time, from any
27 sources for its corporate purposes. Such account shall consist of, but
28 not be limited to, the following:
29 (i) general and administrative accounts, which shall consist of all
30 funds made available for the operational expenses of such corporation;
31 (ii) general and administrative accounts of certain subsidiary corpo-
32 rations, which shall consist of all funds made available for the opera-
33 tional expenses of the mortgage loan enforcement and administration
34 corporation and the 42nd street development project, incorporated,
35 provided, however, that such subsidiary shall be established as a sepa-
36 rate account;
37 (iii) debt service account, which shall consist of all funds made
38 available for debt service payments on the outstanding general obli-
39 gations of the corporation where the original issue of such bonds or
40 notes was prior to April 1, 1976, and including any refinancing or
41 renewal of such bonds and notes, provided such account shall not, in any
42 manner, reduce any debt service reserve fund below a level agreed to
43 pursuant to a statute, covenant or other contract between the corpo-
44 ration and such bondholders or noteholders;
45 (iv) excess debt service account, which shall consist of all funds
46 made available from the net savings achieved as a result of the refund-
47 ing of the corporation's general purpose bonds authorized pursuant to
48 resolution number 96-ud-526 of the public authorities control board.
49 Net savings shall be determined by the difference between annual debt
50 service payments which would have been required pursuant to the refunded
51 bonds and the annual debt service payments for the corporation's corpo-
52 rate purpose bonds issued to accomplish such refunding;
53 (v) housing repair and modernization fund account, which shall consist
54 of funds made available from the excess debt service account to assist
55 in maintaining the residential and commercial portfolios of the corpo-
56 ration as determined by the chairman of the corporation or his designee;
S. 1406--B 124 A. 2106--B
1 (vi) buildout account, which shall consist of all funds made available
2 for the payment of expenses associated with final settlements on remain-
3 ing issues of construction costs and mortgage amounts on residential and
4 nonresidential projects financed by the corporation;
5 (vii) project repair account, which shall consist of all funds made
6 available for the maintenance, servicing or repairing of real property
7 in the residential, industrial and commercial portfolios of such corpo-
8 rations;
9 (viii) economic development income account, which shall consist of all
10 payments, including payments to compensate for any funds, time or other
11 costs provided by the corporation in relation to nonresidential projects
12 and all other reimbursable corporate service income from economic devel-
13 opment projects and payments which are provided to such corporation for
14 purposes of repayment of funds in respect to any contract or other
15 agreements entered into by the corporation which are attributable to any
16 economic development project of the corporation, provided, however, that
17 such account shall not include funds representing repayments which are
18 to be returned to the development of such project pursuant to any
19 contract or other agreement entered into by the corporation;
20 (ix) economic development program and project accounts, which shall
21 consist of all funds made available for specific economic development
22 programs and projects excluding and program or project authorized by a
23 resolution or other action of the corporation prior to April 1, 1976,
24 and excluding any residential project, provided, however, that each
25 specified program and project shall be established as a separate account
26 unless otherwise authorized pursuant to an appropriation;
27 (x) new communities and community support account, which shall consist
28 of all funds made available for, and all income received from the Audu-
29 bon and Radisson communities;
30 (xi) Roosevelt Island operating corporation account, which shall
31 consist of all funds made available for, and all income received from
32 the Roosevelt Island community;
33 (xii) interest income account, which shall consist of all moneys
34 earned by the corporation from investment of any funds available in the
35 accounts and subaccounts within the treasury of the corporation;
36 (xiii) mortgage servicing fee account, which shall consist of all
37 funds made available to the mortgage loan enforcement and administration
38 corporation for the payment of fees to the housing special revenue
39 account of the miscellaneous special revenue fund associated with the
40 provision of mortgage servicing activities by the division of housing
41 and community renewal.
42 2. The amounts deposited in any such account may be interchanged with
43 any other account for purposes of investment and may be commingled,
44 provided, however, that such interchange may not increase or decrease
45 any account, other than debt service account, and the interest income
46 account, by more than 5 percent in the aggregate in the entire period of
47 any fiscal year of the corporation. Provided further, that in addition
48 to any other specific exception provided for in this section, the
49 following exemptions to the above interchange provision shall apply for
50 the purposes of the debt service account, the interest income account,
51 the project repair account, the mortgage servicing fee account, the
52 general and administrative account of the mortgage loan enforcement and
53 administration corporation, excess debt service account, housing repair
54 and modernization fund account, Roosevelt Island operating corporation
55 account and the economic development income account:
S. 1406--B 125 A. 2106--B
1 (i) Interchange from the debt service account to any other account
2 shall be unlimited, but all such transfers from the debt service account
3 shall be repaid quarterly to such account on or before June 30, 2003,
4 September 30, 2003, December 31, 2003 and March 31, 2004, except for:
5 (A) $20,136,000 which shall be transferred to the general and adminis-
6 trative account from the debt service account during the state fiscal
7 year commencing April 1, 2003, and such amount of $20,136,000 shall not
8 be repaid to the debt service account; (B) $4,423,000 which shall be
9 transferred to the general and administrative account of the 42nd street
10 development project, incorporated and which shall be repaid pursuant to
11 a repayment agreements as set out in paragraph (vi) of this subdivision.
12 (ii) Interchange from the excess debt service account shall be unlim-
13 ited, but all such transfers from the excess debt service account shall
14 be repaid quarterly to such account on or before June 30, 2003, Septem-
15 ber 30, 2003, December 31, 2003, and March 31, 2004, except for: (A) an
16 amount sufficient to fund the housing repair and modernization fund
17 account to assist in maintaining the residential and commercial portfo-
18 lios of the corporation as determined by the chairman of the corporation
19 or his designee; (B) an amount necessary to invest in the job develop-
20 ment authority, as certified by the chairman of the authority or his
21 designee, to provide funds in order to pay lawful debts of the authority
22 provided that the corporation shall not make any payment or investment
23 for the benefit of the authority unless and until it has independently
24 verified that the authority does not have sufficient funds available to
25 pay its lawfully incurred debts and obligations, and with any net
26 savings which remain and are available; (C) all remaining balances of
27 funds contained in the excess debt service account shall be remitted to
28 the credit of the state of New York general fund not later March 31,
29 2004.
30 (iii) Interchange from the interest income account, other than to the
31 general and administrative account of the mortgage loan enforcement and
32 administration corporation, may be unlimited.
33 (iv) Interchange to the project repair account from any account may be
34 unlimited, and the corporation shall transfer up to $10,000,000 to such
35 account from any account during the fiscal year commencing April 1,
36 2003, and such amount up to $10,000,000 shall not be repaid.
37 (v) Interchange between the general and administrative account of the
38 mortgage loan enforcement and administration corporation and any other
39 account shall comply with the provisions specified herein, except that
40 up to $1,973,000 shall be transferred to such subsidiary corporation
41 during the fiscal year commencing April 1, 2003 and any such amount
42 shall not be repaid.
43 (vi) An advance up to $4,423,000 may be made from the debt service
44 account to the general and administrative account of the 42nd street
45 development project, incorporated, provided, however, that before such
46 advance is made the urban development corporation shall enter into an
47 agreement with the director of the budget providing for repayment of
48 such advance. Subject to the approval of the director of the budget, and
49 notification of the chairs of the assembly ways and means and the senate
50 finance committees in both paper and electronic format, the corporation
51 is hereby authorized to expend revenues of the project for services and
52 expenses of the corporation. The total amount expended by the 42nd
53 street development project, incorporated shall not exceed $4,423,000 and
54 any unexpended project revenues shall be used to reduce the total
55 advance provided to the project from the debt service account.
S. 1406--B 126 A. 2106--B
1 (vii) Interchange from the debt service account to the mortgage
2 servicing fee account of the mortgage loan enforcement and adminis-
3 tration corporation shall comply with the provisions specified herein,
4 except that up to $2,838,000 shall be transferred to such mortgage
5 servicing fee account during the fiscal year commencing April 1, 2003
6 and such amount shall not be repaid.
7 Prior to the allocation of any moneys from the debt service account to
8 the 42nd street development project, incorporated, and the mortgage loan
9 enforcement and administration corporation for the fiscal year commenc-
10 ing April 1, 2003, each corporation shall submit for approval to the
11 budget director, a comprehensive financial plan for each corporation for
12 such fiscal year, in such detail as the budget director shall require in
13 both paper and electronic format.
14 The financial plan shall be submitted to the budget director on or
15 before May 15, 2003. A report for each plan and any plan update, if
16 necessary, shall be submitted to the budget director on or before August
17 15, 2003, November 15, 2003 and February 15, 2004. Each such report
18 shall provide the actual revenue and expenditures for the preceding
19 quarters ending June 30, 2003, September 30, 2003 and December 31, 2003,
20 in such detail as the budget director shall require. Further any plan
21 update shall revise, where necessary, the revenue and expenditure plan
22 for each corporation for the remainder of the fiscal year beginning
23 April 1, 2003. No transfer to the general administrative account of the
24 corporation shall occur prior to the approval of the financial plan and
25 unless in compliance with the approved financial plan.
26 The budget director shall file copies of such financial plans, quar-
27 terly reports and any plan updates with the department of audit and
28 control and the senate finance committee and the assembly ways and means
29 committee in both paper and electronic format. Interchange made to the
30 debt service account shall not be repaid if such payment would reduce
31 any debt service or debt service reserve requirements below any amount
32 required pursuant to a covenant, contract or other agreements with the
33 bondholders and noteholders. No payments or deposits shall be made from
34 any debt service reserve fund established pursuant to the provisions of
35 section 20 of the New York state urban development corporation act to
36 any account of the corporation other than the debt service account; and
37 such payment or deposit shall only occur if deemed necessary to meet the
38 payments specified in the debt service account described herein.
39 Provided further, (i) that such investment shall be made pursuant to
40 the provisions of subdivision 22 of section 5 of the New York state
41 urban development corporation act; (ii) that such investment shall be
42 made in a fashion which shall enable the corporation to timely meet its
43 obligations; (iii) that such investment shall be specified in each
44 account in respect to the amount contributed, and that upon termination
45 of such investment each account shall be reimbursed.
46 Such account and subaccount shall be included in detailed quarterly
47 reports of the corporation commencing with the quarterly report for the
48 period immediately preceding April 1, 2003 which set forth the status of
49 all such accounts, including for each account and subaccount the amount
50 in such accounts at the beginning of such quarter (from and including
51 the entire period of the first day of the operative calendar year), the
52 payments of such accounts, the payments from such accounts and the
53 amount in such accounts at the close of such quarter (to and including
54 the entire period of the last day of the operative calendar year). Such
55 detailed quarterly report shall be prepared and submitted within 30 days
56 of the close of each fiscal quarter of the corporation to the director
S. 1406--B 127 A. 2106--B
1 of the budget, and the chair of the senate finance committee and the
2 chair of the assembly ways and means committee in both paper and elec-
3 tronic format. Such accounts and subaccounts shall be detailed in the
4 annual report of the corporation.
5 No disbursements or payments shall be made from the economic develop-
6 ment income account or the interest income account except upon a request
7 for the transfer of such funds to the director of the budget who shall
8 file such request and approval thereof with the department of audit and
9 control and copies thereof with the senate finance committee and the
10 assembly ways and means committee in both paper and electronic format,
11 except that such prior approval shall not be required in respect to
12 repayments to the state. Any amounts in any debt service reserve funds,
13 any inconsistent provisions of law notwithstanding, established by the
14 corporation pursuant to the provisions of section 20 of the New York
15 state urban development corporation act, which would not reduce the
16 amount of such fund or funds to less than (i) the maximum amount of
17 principal and interest maturing and becoming due in 2003 or (ii) any
18 amount required pursuant to a covenant, contract or other agreement with
19 bondholders and noteholders shall be paid by the corporation to the
20 state comptroller for deposit to the credit of the general fund of the
21 state on or before March 1, 2003. In the event that the corporation
22 shall fail to make such payment, the comptroller shall withhold from any
23 appropriations otherwise available to the corporation, the amount suffi-
24 cient to pay to the general fund the amounts required to be paid by the
25 corporation pursuant to the foregoing provisions. The state comptroller
26 shall create accounts for each item of appropriation.
27 § 5. Subdivision 3 of section 16-m of section 1 of chapter 174 of the
28 laws of 1968, constituting the New York state urban development corpo-
29 ration act, as added by section 1 of part N of chapter 84 of the laws of
30 2002, is amended to read as follows:
31 3. The provisions of this section shall expire, notwithstanding any
32 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
33 the laws of 1996 or of any other law, upon the effective date of a chap-
34 ter of the laws of [2003] 2004 which appropriates funds for the princi-
35 pal support of the urban development corporation for the [2003-04]
36 2004-05 state fiscal year.
37 § 6. This act shall take effect April 1, 2003; provided, however, if
38 this act shall become a law after such date it shall take effect imme-
39 diately and shall be deemed to have been in full force and effect on and
40 after April 1, 2003 and sections 3 and 4 of this act shall expire and be
41 deemed repealed March 31, 2004.
42 PART N1
43 Section 1. Notwithstanding any other law, rule or regulation to the
44 contrary, expenses of the department of health public service education
45 program incurred pursuant to appropriations from the cable television
46 account of the state miscellaneous special revenue funds shall be deemed
47 expenses of the department of public service.
48 § 2. Expenditures of moneys appropriated in a chapter of the laws of
49 2003 to the department of agriculture and markets from the special
50 revenue funds-other/state operations, miscellaneous special revenue
51 fund-339, public service account for the agricultural business services
52 program shall be subject to the provisions of this section. Notwith-
53 standing any law to the contrary, expenditures from the miscellaneous
54 special revenue fund appropriation, and indirect costs under the comp-
S. 1406--B 128 A. 2106--B
1 troller's statewide cost allocation plan, shall be deemed expenses of
2 the department of public service within the meaning of section 18-a of
3 the public service law and assessed accordingly. Expenditures subject
4 to assessment shall include those for direct and indirect participation
5 in certification proceedings pursuant to article 7 of the public service
6 law.
7 § 3. Expenditures of moneys appropriated in a chapter of the laws of
8 2003 to the department of economic development from the special revenue
9 funds-other/state operations, miscellaneous special revenue fund-339,
10 public service account for the administration program shall be subject
11 to the provisions of this section. Notwithstanding any law to the
12 contrary, expenditures from the miscellaneous special revenue fund
13 appropriations and indirect costs under the comptroller's statewide cost
14 allocation plan, shall be deemed expenses of the department of public
15 service within the meaning of section 18-a of the public service law and
16 assessed accordingly. Expenditures subject to assessment shall include
17 those for direct and indirect participation in certification proceedings
18 pursuant to article 7 of the public service law.
19 § 4. Expenditures of moneys appropriated in a chapter of the laws of
20 2003 to the office of parks, recreation and historic preservation from
21 the special revenue funds - other/state operations, miscellaneous
22 special revenue fund - 339, public service account under the historic
23 preservation program shall be subject to the provisions of this section.
24 Notwithstanding any law to the contrary, expenditures from the miscella-
25 neous special revenue fund appropriations, and indirect costs under the
26 comptroller's statewide cost allocation plan, shall be deemed expenses
27 of the department of public service within the meaning of section 18-a
28 of the public service law and assessed accordingly. Expenditures
29 subject to assessment shall include those for direct and indirect
30 participation in certification proceedings pursuant to article 7 of the
31 public service law.
32 § 5. Expenditures of moneys appropriated in a chapter of the laws of
33 2003 to the consumer protection board from the special revenue funds -
34 other/state operations, miscellaneous special revenue fund - 339, public
35 service account for the consumer protection program for services and
36 expenses related to consumer protection activities, including travel
37 outside the state, shall be subject to the provisions of this section.
38 Notwithstanding any provision of law to the contrary, such expenditures
39 shall be deemed an expense of the department of public service within
40 the meaning of section 18-a of the public service law.
41 § 6. Expenditures of moneys appropriated in a chapter of the laws of
42 2003 to the department of environmental conservation from the special
43 revenue funds - other/state operations, environmental conservation
44 special revenue fund - 301, utility environmental regulation account
45 shall be subject to the provisions of this section. Notwithstanding any
46 law to the contrary, expenditures from the miscellaneous special revenue
47 fund and indirect costs under the comptroller's statewide cost allo-
48 cation plan, shall be deemed expenses of the department of public
49 service within the meaning of section 18-a of the public service law and
50 assessed accordingly. Expenditures subject to assessment shall include
51 those for direct and indirect participation in certification proceedings
52 pursuant to article 7 of the public service law; oil and gas, coal and
53 nuclear regulatory and planning activities; and small hydropower, cogen-
54 eration, alternate energy and electric generation facility sitings.
55 § 7. Expenditure of moneys appropriated in a chapter of the laws of
56 2003 to the office of public security from the special revenue funds-
S. 1406--B 129 A. 2106--B
1 other/state operations, miscellaneous special revenue fund-339, public
2 service account for the cyber security and critical infrastructure coor-
3 dination office shall be subject to the provisions of this section.
4 Notwithstanding any law to the contrary, expenditures from the miscella-
5 neous special revenue fund appropriation, and indirect costs under the
6 comptroller's statewide cost allocation plan, shall be deemed expenses
7 of the department of public service within the meaning of section 18-a
8 of the public service law and assessed accordingly.
9 § 8. This act shall take effect April 1, 2003; provided, however, that
10 if this act shall become a law after such date, it shall take effect
11 immediately and shall be deemed to have been in full force and effect on
12 and after April 1, 2003.
13 PART O1
14 Section 1. Section 72-1003 of the environmental conservation law, as
15 added by chapter 166 of the laws of 1991, is amended to read as follows:
16 § 72-1003. Fees.
17 All persons required to obtain a permit or approval or subject to
18 regulation under this title shall submit annually to the department a
19 fee in the amount to be determined for affected land as follows:
20 1. four hundred dollars for minor projects; or
21 2. seven hundred dollars for affected land of an acreage equal to or
22 less than five acres; or
23 3. nine hundred dollars for affected land of an acreage greater than
24 five acres and equal to or less than ten acres; or
25 4. [twelve] fifteen hundred dollars for affected land of an acreage
26 greater than ten acres and equal to or less than twenty acres; or
27 5. [one thousand five hundred] two thousand dollars for affected land
28 of an acreage greater than twenty acres and equal to or less than thirty
29 acres; or
30 6. [two] four thousand dollars for affected land of an acreage greater
31 than thirty acres.
32 § 2. This act shall take effect immediately and shall be deemed to
33 have been in full force and effect on and after April 1, 2003.
34 PART P1
35 Section 1. Notwithstanding any provision of section 1854-d of the
36 public authorities law, the New York state energy research and develop-
37 ment authority is hereby authorized and directed, upon the request of
38 the director of the division of the budget, to transfer to the state
39 comptroller for deposit in the state general fund the amount of
40 $1,800,000 from the interest earnings on assessments paid to the author-
41 ity pursuant to paragraph c of subdivision 2 of such section.
42 § 2. Notwithstanding any law to the contrary, the comptroller is here-
43 by authorized and directed to receive for deposit to the credit of the
44 environmental conservation special revenue fund-301 low level radioac-
45 tive waste account from the New York state energy research and develop-
46 ment authority $330,000 received pursuant to subparagraph (ii) of para-
47 graph a of subdivision 2 of section 1854-d of the public authorities law
48 for the purposes specified in a chapter of the laws of 2003.
49 § 3. Notwithstanding any law to the contrary, the comptroller is here-
50 by authorized and directed to receive for deposit to the credit of the
51 general fund the amount of $913,000 from the New York state energy
52 research and development authority.
S. 1406--B 130 A. 2106--B
1 § 4. Notwithstanding any law to the contrary, the comptroller is here-
2 by authorized and directed to receive for deposit to the credit of the
3 general fund from the New York state energy research and development
4 authority $1,376,000 from accumulated interest earnings on surcharges
5 collected and deposited in escrow pursuant to paragraph a of subdivision
6 2 of section 1854-d of the public authorities law.
7 § 5. This act shall take effect April 1, 2003; provided however, if
8 this act shall become a law after such date it shall take effect imme-
9 diately and shall be deemed to have been in full force and effect on and
10 after April 1, 2003.
11 PART Q1
12 Section 1. Expenditures of moneys appropriated in a chapter of the
13 laws of 2003 to the energy research and development authority from the
14 special revenue funds - other/state operations, miscellaneous special
15 revenue fund-339, energy research and planning account under the
16 research, development and demonstration and policy and planning programs
17 for services and expenses for the research, development and demon-
18 stration and policy and planning programs shall be subject to the
19 provisions of this section. Notwithstanding the provisions of subdivi-
20 sion 4-a of section 18-a of the public service law all moneys committed
21 or expended shall be reimbursed by assessment against gas corporations
22 and electric corporations as defined in section 2 of the public service
23 law, and the total amount which may be charged to any gas corporation
24 and any electric corporation shall not exceed one cent per one thousand
25 cubic feet of gas sold and .010 cent per kilowatt-hour of electricity
26 sold by such corporations in their intrastate utility operations in
27 calendar year 2001. Such amounts shall be excluded from the general
28 assessment provisions of subdivision 2 of section 18-a of the public
29 service law, but shall be billed and paid in the manner set forth in
30 such subdivision and upon receipt shall be paid to the state comptroller
31 for deposit in the state treasury for credit to the miscellaneous
32 special revenue fund. The director of the budget shall not issue a
33 certificate of approval with respect to the commitment and expenditure
34 of moneys hereby appropriated until the chair of the authority shall
35 have submitted, and the director of the budget shall have approved, a
36 comprehensive financial plan encompassing all moneys available to and
37 all anticipated commitments and expenditures by the authority from any
38 source for the operations of the authority. Copies of the approved
39 comprehensive financial plan shall be immediately submitted by the
40 director of the budget to the chairs and secretaries of the legislative
41 fiscal committees.
42 § 2. This act shall take effect April 1, 2003; provided, however, if
43 this act shall become a law after such date it shall take effect imme-
44 diately and shall be deemed to have been in full force and effect on and
45 after April 1, 2003.
46 PART R1
47 Section 1. Section 23-1903 of the environmental conservation law, as
48 amended by chapter 891 of the laws of 1984, subdivision 1 as amended by
49 chapter 410 of the laws of 1987, is amended to read as follows:
50 § 23-1903. Imposition of oil, gas and solution mining regulation and
51 reclamation fees.
S. 1406--B 131 A. 2106--B
1 1. When a permit is granted to a person by the department pursuant to
2 section 23-0305 of this article to drill a well or when a person
3 converts a well to one subject to the oil, gas and solution mining law,
4 such person shall pay to the department:
5 a. A one hundred dollar fee to be credited to the oil and gas account
6 established under chapter fifty-eight of the laws of nineteen hundred
7 eighty-two; and
8 b. A fee in accordance with the depth drilled or expected to be
9 drilled as set forth below:
10 0- 500ft. - [$ 125] $ 190
11 501- 1000ft. - [$ 250] $ 380
12 1001- 1500ft. - [$ 375] $ 570
13 1501- 2000ft. - [$ 500] $ 760
14 2001- 2500ft. - [$ 625] $ 950
15 2501- 3000ft. - [$ 750] $1,140
16 3001- 3500ft. - [$ 875] $1,330
17 3501- 4000ft. - [$1000] $1,520
18 4001- 4500ft. - [$1125] $1,710
19 4501- 5000ft. - [$1250] $1,900
20 5001- 5500ft. - [$1375] $2,090
21 5501- 6000ft. - [$1500] $2,280
22 6001- 6500ft. - [$1625] $2,470
23 6501- 7000ft. - [$1750] $2,660
24 7001- 7500ft. - [$1875] $2,850
25 7501- 8000ft. - [$2000] $3,040
26 8001- 8500ft. - [$2125] $3,230
27 8501- 9000ft. - [$2250] $3,420
28 9001- 9500ft. - [$2375] $3,610
29 9501-10,000ft.- [$2500] $3,800
30 over 10,000ft.- [$2625] $3,800 plus $190 for each incremental 500 feet
31 of depth over 10,000 feet.
32 A person who has paid the fees described shall not be required to pay
33 any additional fee for a well conversion. The fee for well deepening
34 permits pertaining to wells for which a well drilling permit was issued
35 after August twenty-fifth, nineteen hundred eighty-one, shall be calcu-
36 lated on the basis of the additional depth drilled.
37 In the event the actual depth drilled exceeds the depth expected to be
38 drilled, an additional amount shall be paid such that the total fee paid
39 shall be in accordance with the schedule set forth in this paragraph.
40 2. Upon requesting from the department any determination under the
41 Natural Gas Policy Act, such person shall pay a fifty dollar fee per
42 well for each such determination.
43 § 2. This act shall take effect on the ninetieth day after it shall
44 have become a law.
45 PART S1
46 § 1. Notwithstanding any other law to the contrary, an appropriation
47 or subsequent reappropriation thereof made pursuant to a chapter of the
48 laws of 2003 from the environmental protection fund, solid waste
49 account, under the environment and recreation purpose shall make avail-
50 able one million three hundred thousand dollars for services and
51 expenses of the assessment and recovery of any natural resource damages
52 to the Hudson River.
S. 1406--B 132 A. 2106--B
1 § 2. Notwithstanding any other law to the contrary, an appropriation
2 or subsequent reappropriation thereof made pursuant to a chapter of the
3 laws of 2003 from the environmental protection fund, solid waste
4 account, under the environment and recreation purpose for the pesticides
5 program shall make available three hundred fifty thousand dollars for
6 services and expenses of a Cornell University program to assess breast
7 cancer and environmental risk factors in New York state.
8 § 3. Notwithstanding any other provision of law to the contrary, an
9 appropriation or subsequent reappropriation thereof made pursuant to a
10 chapter of the laws of 2003 from the environmental protection fund,
11 parks, recreation and historic preservation account, under the environ-
12 ment and recreation purpose shall make available not less than three
13 million forty-one thousand dollars for municipal park projects which are
14 in or primarily serve areas where demographic and other relevant data
15 for such areas demonstrate that the areas are densely populated and have
16 sustained physical deterioration, decay, neglect or disinvestment, or
17 where a substantial proportion of the residential population is of low
18 income or is otherwise disadvantaged and is underserved with respect to
19 the existing recreational opportunities in the area; and provided
20 further this section shall not be construed to restrict the use of any
21 additional monies for such projects.
22 § 4. Notwithstanding any other provision of law to the contrary, an
23 appropriation or subsequent reappropriation thereof made pursuant to a
24 chapter of the laws of 2003 from the environmental protection fund,
25 parks, recreation and historic preservation account, under the environ-
26 ment and recreation purpose shall make available not less than three
27 million dollars for waterfront revitalization projects which are in or
28 primarily serve areas where demographic and other relevant data for such
29 areas demonstrate that the areas are densely populated and have
30 sustained physical deterioration, decay, neglect or disinvestment, or
31 where a substantial proportion of the residential population is of low
32 income or is otherwise disadvantaged and is underserved with respect to
33 the existing recreational opportunities in the area; and provided
34 further this section shall not be construed to restrict the use of any
35 additional monies for such projects.
36 § 5. Notwithstanding any other provision of law to the contrary, an
37 appropriation or subsequent reappropriation thereof made pursuant to a
38 chapter of the laws of 2003 from the environmental protection fund,
39 parks, recreation and historic preservation account, under the environ-
40 ment and recreation purpose for local waterfront revitalization programs
41 shall make available one million dollars for waterfront revitalization
42 and riverfront development projects within the county of Rensselaer;
43 provided that such state assistance payment shall not be construed to
44 restrict the use of any additional monies for such project or be consid-
45 ered a state assistance payment or other assistance for the purposes of
46 titles 9 and 11 of article 54 and title 3 of article 56 of the environ-
47 mental conservation law; and provided further, however, that such state
48 assistance payment shall reduce the total cost of such project for
49 purposes of calculating eligibility for further state assistance
50 payments.
51 § 6. Notwithstanding any other provision of law to the contrary, an
52 appropriation or subsequent reappropriation thereof made pursuant to a
53 chapter of the laws of 2003 from the environmental protection fund,
54 parks, recreation and historic preservation account, under the environ-
55 ment and recreation purpose for local waterfront revitalization programs
56 shall make available one million dollars for Oyster Bay waterfront
S. 1406--B 133 A. 2106--B
1 projects; provided that such funding shall not be construed to restrict
2 the use of any monies for such project or be considered a state assist-
3 ance payment for the purposes of titles 9 and 11 of article 54 and title
4 3 of article 56 of the environmental conservation law; and provided
5 further, however, that such funding shall reduce the total cost of such
6 project for purposes of calculating eligibility for further state
7 assistance payments.
8 § 7. Notwithstanding subdivision 7 of section 92-s of the state
9 finance law or any other law to the contrary, an appropriation or subse-
10 quent reappropriation thereof made pursuant to a chapter of the laws of
11 2003 from the environmental protection fund, parks, recreation and
12 historic preservation account, under the environment and recreation
13 purpose shall make available fifteen million dollars for services and
14 expenses of the Hudson River Park Trust for projects related to the
15 development of the Hudson River Park consistent with provisions of chap-
16 ter 592 of the laws of 1998; provided, however, such funds shall not be
17 available for suballocation to any public benefit corporation or public
18 authority with the exception of the Hudson River Park Trust and shall be
19 available solely for the liabilities incurred by the Hudson River Park
20 Trust or by other state departments or agencies on behalf of the Hudson
21 River Park Trust and shall be available solely for the liabilities
22 incurred by the Hudson River Park Trust or by other state departments or
23 agencies on behalf of the Hudson River Park Trust on or after April 1,
24 1999. Notwithstanding any other law to the contrary, the comptroller is
25 hereby authorized and directed to release monies to the Hudson River
26 Park Trust in amounts set forth in a schedule approved by the director
27 of the budget.
28 § 8. Notwithstanding any other law to the contrary, an appropriation
29 or subsequent reappropriation made pursuant to a chapter of the laws of
30 2003 from the parks, recreation and historic preservation account, under
31 the environment and recreation purpose shall make available five million
32 seven hundred fifty thousand dollars for capital projects: (a) on state
33 parks and state owned lands acquired pursuant to sections 54-0303 and
34 56-0307 of the environmental conservation law or (b) on state parks or
35 state owned lands under the jurisdiction of the department of environ-
36 mental conservation or the office of parks, recreation and historic
37 preservation for access opportunities for people with disabilities;
38 access to the State Forest Preserve; recreational trail construction and
39 maintenance; Catskill and Adirondack campground improvements to public
40 access and sanitation facilities; conservation education facility
41 improvements; archeological, historic, cultural and natural resource
42 surveys, interpretation, and inventories; Forest Preserve unit manage-
43 ment planning; habitat restoration and enhancement; water access facili-
44 ties; public beach facility development and improvement; public access
45 improvements at day use areas; State historic site exterior restoration;
46 and cabin area and camping facility development, restoration and recon-
47 struction; and shall make available seven hundred fifty thousand dollars
48 from such amount for Belleayre Mountain ski center projects.
49 § 9. Notwithstanding any other law to the contrary, an appropriation
50 or subsequent reappropriation made pursuant to a chapter of the laws of
51 2003 from the parks, recreation and historic preservation account, under
52 the environment and recreation purpose shall make available seven
53 hundred fifty thousand dollars for improvement, protection, preserva-
54 tion, rehabilitation and restoration of historic barns.
55 § 10. Notwithstanding any other law to the contrary, an appropriation
56 or subsequent reappropriation thereof made pursuant to a chapter of the
S. 1406--B 134 A. 2106--B
1 laws of 2003 from the environmental protection fund, open space account,
2 under the environment and recreation purpose shall make available two
3 hundred fifty thousand dollars to the land trust alliance for the
4 purpose of awarding grants on a competitive basis to local land trusts,
5 provided that up to ten percent of such amount shall be available for
6 administrative costs.
7 § 11. Notwithstanding any other law to the contrary, an appropriation
8 or subsequent reappropriation thereof made pursuant to a chapter of the
9 laws of 2003 from the environmental protection fund, open space account,
10 under the environment and recreation purpose shall make available five
11 million dollars for projects identified in the Hudson River estuary
12 management program prepared pursuant to section 11-0306 of the environ-
13 mental conservation law.
14 § 12. Notwithstanding any other law to the contrary, an appropriation
15 or subsequent reappropriation thereof made pursuant to a chapter of the
16 laws of 2003 from the environmental protection fund, open space account,
17 under the environment and recreation purpose shall make available one
18 million eight hundred sixty thousand dollars for costs incurred by soil
19 and water conservation districts as authorized for reimbursement in
20 section 11-a of the soil and water conservation districts law.
21 § 13. Notwithstanding any other law to the contrary, an appropriation
22 or subsequent reappropriation thereof made pursuant to a chapter of the
23 laws of 2003 from the environmental protection fund, open space account,
24 under the environment and recreation purpose shall make available one
25 million three hundred thousand dollars for the Finger Lakes-Lake Ontario
26 watershed protection alliance for activities related to non-point source
27 water pollution control.
28 § 14. Subdivision 9 of section 92-s of the state finance law, as added
29 by section 3 of part H of chapter 82 of the laws of 2002, is amended to
30 read as follows:
31 9. Notwithstanding any other law to the contrary and in accordance
32 with section four of this chapter, the comptroller is hereby authorized
33 at the direction of the director of the division of the budget to trans-
34 fer moneys from the general fund to the environmental protection fund
35 for the purpose of maintaining the solvency of the environmental
36 protection fund. If, in any fiscal year, moneys in the environmental
37 protection fund are deemed insufficient by the director of the division
38 of the budget to meet actual and anticipated disbursements from enacted
39 appropriations or reappropriations made pursuant to this section, the
40 comptroller shall at the direction of the director of the division of
41 the budget, transfer from the general fund to the environmental
42 protection fund moneys sufficient to meet such disbursements. Such
43 transfers shall be made only upon certification of need by the director
44 of the division of the budget, with copies of such certification filed
45 with the [chairmen] chairperson of the senate finance committee, the
46 chairperson of the assembly ways and means committee and the state comp-
47 troller. The aggregate amount of all transfers shall not exceed two
48 hundred [thirty-five] seventy-seven million nine hundred sixty thousand
49 dollars.
50 § 15. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2003.
52 PART T1
S. 1406--B 135 A. 2106--B
1 Section 1. Subdivisions c, d, e, f, g, h and i of section 72-0602 of
2 the environmental conservation law, as amended by chapter 62 of the laws
3 of 1989, is amended to read as follows:
4 c. [$375.00] $475.00 for industrial facilities having a permit to
5 discharge or discharging at an average daily rate of less than 10,000
6 gallons;
7 d. [$1,250.00] $1,575.00 for industrial facilities having a permit to
8 discharge or discharging at an average daily rate of between 10,000
9 gallons and 99,999 gallons;
10 e. [$3,750.00] $4,750.00 for industrial facilities having a permit to
11 discharge or discharging at an average daily rate of between 100,000
12 gallons and 499,999 gallons;
13 f. [$12,500.00] $15,750.00 for industrial facilities having a permit
14 to discharge or discharging at an average daily rate of between 500,000
15 and 999,999 gallons;
16 g. [$18,750.00] $23,500.00 for industrial facilities having a permit
17 to discharge or discharging at an average daily rate of between
18 1,000,000 and 9,999,999 gallons;
19 h. [$37,500.00] $47,000.00 for industrial facilities having a permit
20 to discharge or discharging at an average daily rate of 10,000,000
21 gallons or more;
22 i. [$40,000.00] $50,000.00 for any power plant;
23 § 2. This act shall take effect immediately, and shall be deemed to
24 have been in full force and effect on and after April 1, 2003.
25 PART U1
26 Section 1. Paragraphs (a), (b) and (c) of subdivision 2 of section 202
27 of the vehicle and traffic law, paragraph (a) as amended by chapter 61
28 of the laws of 1989 and paragraphs (b) and (c) as amended by chapter 166
29 of the laws of 1991, are amended to read as follows:
30 (a) The fee for a search which is made manually by the department
31 shall be [five] six dollars.
32 (b) The fee for a search which is made by direct entry by a requester
33 who has been approved for such entry by the commissioner shall be [four]
34 five dollars.
35 (c) The fee for a search which is made by means of an electronic medi-
36 um which has been prepared by a requester who has been approved for such
37 service by the commissioner and which is processed by the department
38 shall be [four] five dollars.
39 § 2. Notwithstanding any other law, rule or regulation to the contra-
40 ry, all receipts collected by the commissioner of motor vehicles after
41 March 31, 2003 pursuant to section 202 of the vehicle and traffic law
42 are to be deposited to the credit of the dedicated highway and bridge
43 trust fund, with the exception of the one dollar per search increase
44 collected pursuant to section one of this act, which are to be deposited
45 to the credit of the general fund from April 1, 2003 to March 31, 2004
46 and to the credit of the dedicated highway and bridge trust fund from
47 April 1, 2004 and thereafter.
48 § 3. Subdivision (d) of section 304-a of the vehicle and traffic law,
49 as added by chapter 309 of the laws of 1996, is amended to read as
50 follows:
51 (d) Fees, deposited. Fees assessed under this section shall be paid to
52 the commissioner for deposit to the transportation safety account estab-
53 lished pursuant to section ninety-one of the state finance law through
54 March thirty-first, two thousand four and from April first, two thousand
S. 1406--B 136 A. 2106--B
1 four and thereafter shall be deposited to the dedicated highway and
2 bridge trust fund.
3 § 4. Paragraphs 1 and 2 of subdivision (a) and subdivision (d) of
4 section 305 of the vehicle and traffic law, as amended by chapter 608 of
5 the laws of 1993, are amended to read as follows:
6 (1) The fee for a certificate representing that a safety inspection
7 has been performed shall be two dollars, which shall be deposited into
8 the transportation safety account established pursuant to section nine-
9 ty-one of the state finance law through March thirty-first, two thousand
10 four and to the dedicated highway and bridge trust fund from April
11 first, two thousand four and thereafter, and
12 (2) The fee for a certificate representing that an emissions
13 inspection has been successfully completed shall be set by the commis-
14 sioner through regulation, at an amount not to exceed [two] four dollars
15 or [four] eight dollars if performed on a biennial basis. Such fees
16 shall be deposited into the mobile source account of the clean air fund
17 established by section ninety-seven-oo of the state finance law.
18 (d) Fees assessed under this article shall be paid to the commissioner
19 for deposit to the transportation safety account established pursuant to
20 section ninety-one of the state finance law through March thirty-first,
21 two thousand four and from April first, two thousand four and thereafter
22 shall be deposited into the dedicated highway and bridge trust fund,
23 except that fees that are authorized to be collected for each certif-
24 icate of emissions inspection issued by the commissioner, collected
25 pursuant to paragraph two of subdivision (a) of this section, shall be
26 deposited into the mobile source account of the clean air fund, as
27 established by section ninety-seven-oo of the state finance law.
28 § 5. Subdivisions 6 and 6-a of section 415 of the vehicle and traffic
29 law, as amended by chapter 7 of the laws of 2000, are amended to read as
30 follows:
31 6. Fees. Every original application for registration as a dealer or
32 transporter shall be accompanied by an application fee of twenty-five
33 dollars, which shall in no event be refunded. The annual fee for regis-
34 tration as a dealer or transporter or for renewal thereof shall be one
35 hundred fifty dollars. The annual fee for any other registration under
36 this section shall be fifty dollars. However, the commissioner may, in
37 his discretion, issue a renewal of either registration for a period of
38 two years. The fee for a two-year renewal shall be twice the annual fee.
39 The annual fee for dealer or transporter number plates shall be twenty
40 dollars for each set. If the commissioner issues to dealers a document
41 which is required to be used by a dealer to sell or transfer a vehicle,
42 the fee for the issuance of each such document shall be [one dollar]
43 five dollars. There shall be no refund of registration fee or fees for
44 number plates in the event of suspension, revocation or voluntary
45 cancellation of registration. The fee for any such transfer document
46 issued by the commissioner shall be refunded only upon the surrender of
47 such document upon voluntary cancellation of registration.
48 6-a. Fees; deposited. Fees assessed under this section shall be paid
49 to the commissioner for deposit to the general fund, with the exception
50 of the four dollar increase in the fee for issuance of a document to be
51 used by a dealer to sell or transfer a vehicle collected pursuant to
52 subdivision six of this section, which shall be deposited to the general
53 fund through March thirty-first, two thousand four and from April first,
54 two thousand four and thereafter to the dedicated highway and bridge
55 trust fund.
S. 1406--B 137 A. 2106--B
1 § 6. Paragraph 1 of subdivision (a) of section 2125 of the vehicle and
2 traffic law, as amended by chapter 322 of the laws of 1993, is amended
3 and a new subdivision (g) is added to read as follows:
4 (1) for filing an application for a certificate of title, [five] ten
5 dollars except where the application relates to a mobile home or a manu-
6 factured home as defined in section one hundred twenty-two-c of this
7 chapter, in which case the fee shall be twenty-five dollars;
8 (g) Fees assessed for filing an application for a certificate of title
9 shall be deposited to the credit of the general fund, with the exception
10 of the five dollar per application increase collected pursuant to para-
11 graph one of subdivision (a) of this section, which shall be deposited
12 in the general fund through March thirty-first, two thousand four and
13 from April first, two thousand four and thereafter shall be deposited to
14 the credit of the dedicated highway and bridge trust fund.
15 § 7. Notwithstanding any other law, rule or regulation to the contra-
16 ry, the comptroller is hereby authorized and directed to deposit to the
17 credit of the dedicated highway and bridge trust fund from taxes now
18 deposited in the general fund pursuant to the provisions of the vehicle
19 and traffic law the amount of fifty-nine million nine hundred thousand
20 dollars in twelve equal monthly installments from April 1, 2004 to March
21 31, 2005.
22 § 8. Subdivision 2 of section 205 of the tax law, as amended by
23 section 125 of part A of chapter 389 of the laws of 1997, is amended and
24 a new subdivision 3 is added to read as follows:
25 2. Of moneys collected from taxes imposed by sections one hundred
26 eighty-three and one hundred eighty-four of this [chapter] article
27 subsequent to June thirtieth, nineteen hundred eighty-two, sixty percent
28 shall be deposited pursuant to the provisions of section one hundred
29 seventy-one-a of this chapter, provided that after April first, nineteen
30 hundred ninety-six, fifty-two percent of such moneys collected on or
31 after such date shall be so deposited; provided, further, that after
32 January first, nineteen hundred ninety-seven, fifty and one-half percent
33 of such moneys collected on or after such date shall be so deposited;
34 provided, further, that after January first, nineteen hundred ninety-
35 eight, forty-six percent of such moneys collected on or after such date
36 shall be so deposited; provided, further, that after January first, two
37 thousand, thirty-six percent of such moneys collected on or after such
38 date shall be so deposited; provided, further, that after January first,
39 two thousand one but before April first, two thousand four, twenty
40 percent of such moneys collected on or after such date shall be so
41 deposited; and the balance of such collections shall be deposited in the
42 mass transportation operating assistance fund to the credit of the
43 metropolitan mass transportation operating assistance account; provided,
44 however, for taxable years commencing on or after January first, nine-
45 teen hundred eighty-five and ending on or before December thirty-first,
46 nineteen hundred eighty-nine, all of the moneys collected from the tax
47 imposed by section one hundred eighty-four of this chapter on corpo-
48 rations, joint-stock companies or associations formed for or principally
49 engaged in the conduct of telephone or telegraph business shall be
50 deposited in the mass transportation operating assistance fund to the
51 credit of the metropolitan mass transportation operating assistance
52 account; and provided, further, that the actual amount of moneys from
53 the taxes imposed by sections one hundred eighty-three and one hundred
54 eighty-four of this [chapter] article which shall be deposited in such
55 mass transportation operating assistance fund to the credit of the
56 metropolitan mass transportation operating assistance account, pursuant
S. 1406--B 138 A. 2106--B
1 to this subdivision, during the twelve month period from April first,
2 nineteen hundred eighty-five, to and including March thirty-first, nine-
3 teen hundred eighty-six, shall not be less than sixty million dollars;
4 provided, further, that for the twenty-four month period from April
5 first, nineteen hundred ninety-four, to and including March thirty-
6 first, nineteen hundred ninety-six, of the moneys so collected, sixty
7 percent shall be deposited in the general fund pursuant to the
8 provisions of section one hundred seventy-one-a of this chapter, thir-
9 ty-four and four-tenths percent shall be deposited in the revenue accu-
10 mulation fund and five and six-tenths percent shall be deposited in such
11 mass transportation operating assistance fund to the credit of such
12 metropolitan mass transportation operating assistance account.
13 3. From the moneys collected from the taxes imposed by sections one
14 hundred eighty-three and one hundred eighty-four of this article on and
15 after April first, two thousand four, after reserving amounts for
16 refunds or reimbursements, twenty percent of such moneys shall be depos-
17 ited to the credit of the dedicated highway and bridge trust fund estab-
18 lished by section eighty-nine-b of the state finance law. The remainder
19 shall be deposited in the mass transportation operating assistance fund
20 to the credit of the metropolitan mass transportation operating assist-
21 ance account created pursuant to section eighty-eight-a of the state
22 finance law.
23 § 9. Paragraph (a) of subdivision 3 of section 89-b of the state
24 finance law, as amended by section 1 of part D of chapter 85 of the laws
25 of 2002, is amended to read as follows:
26 (a) The special obligation reserve and payment account shall consist
27 (i) of all moneys required to be deposited in the dedicated highway and
28 bridge trust fund pursuant to the provisions of sections two hundred
29 five, two hundred eighty-nine-e, three hundred one-j, five hundred
30 fifteen and eleven hundred sixty-seven of the tax law, section four
31 hundred one of the vehicle and traffic law, and section thirty-one of
32 chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
33 fees, fines or penalties collected by the commissioner of transportation
34 pursuant to section fifty-two and subdivisions five, eight and twelve of
35 section eighty-eight of the highway law, subdivision fifteen of section
36 three hundred eighty-five of the vehicle and traffic law, section two of
37 the chapter of the laws of two thousand three that amended this para-
38 graph, subdivision (d) of section three hundred four-a, paragraph one of
39 subdivision (a) and subdivision (d) of section three hundred five,
40 subdivision six-a of section four hundred fifteen and subdivision (g) of
41 section twenty-one hundred twenty-five of the vehicle and traffic law,
42 section fifteen of this chapter, excepting moneys deposited with the
43 state on account of betterments performed pursuant to subdivision twen-
44 ty-seven or subdivision thirty-five of section ten of the highway law,
45 and (iii) any other moneys collected therefor or credited or transferred
46 thereto from any other fund, account or source.
47 § 10. Section 89-b of the state finance law is amended by adding a new
48 subdivision 7 to read as follows:
49 7. The comptroller may submit a written report on the dedicated high-
50 way and bridge trust fund established pursuant to this section. Such
51 report should include, based on an analysis of the fund during the
52 preceding five fiscal years beginning April first, two thousand and
53 ending March thirty-first, two thousand five, a statement of all
54 balances of moneys, receipts and disbursements, the average daily
55 invested balance and related yields, a statement of each of the sources
56 of revenues deposited into the fund, a statement of each general object
S. 1406--B 139 A. 2106--B
1 of disbursement, and the monthly ratio of revenues deposited into the
2 fund to the disbursements paid from the fund; analysis of the ability of
3 the revenues required to be paid into the fund to meet current and
4 future bond coverage ratio requirements; suggestions for the improvement
5 and management of the fund and containing such other information and
6 recommendations relating to the financial integrity of the fund; and any
7 recommendations relating to such fund and such other information he or
8 she deems necessary. Such report should be submitted to the governor,
9 the temporary president of the senate, the speaker of the assembly, the
10 director of the budget, the chair of the senate finance committee and
11 the chair of the assembly ways and means committee on or before October
12 first, two thousand five.
13 § 11. Section 91 of the state finance law is REPEALED.
14 § 12. Section 2 of part B of chapter 84 of the laws of 2002, amending
15 the state finance law relating to cost of the deployment of motor vehi-
16 cles, is amended to read as follows:
17 § 2. This act shall take effect April 1, 2002; provided, however, if
18 this act shall become a law after such date it shall take effect imme-
19 diately and shall be deemed to have been in full force and effect on and
20 after April 1, 2002; provided further, however, that this act shall
21 expire and be deemed repealed on March 31, 2006.
22 § 13. This act shall take effect immediately; provided however that
23 sections one through nine of this act shall expire and be deemed
24 repealed on March 31, 2006; provided further, however, that the
25 provisions of section eleven of this act shall take effect April 1, 2004
26 and shall expire and be deemed repealed on March 31, 2006.
27 PART V1
28 Section 1. Short title. This act shall be known and may be cited as
29 the "Waste Tire Management and Recycling Act of 2003".
30 § 2. Subdivision 6 of section 27-0703 of the environmental conserva-
31 tion law, as added by chapter 88 of the laws of 1989, is amended to read
32 as follows:
33 6. Notwithstanding any other provision of law or rule or regulation to
34 the contrary, the owner or operator of a solid waste management facility
35 engaged in the storage of one thousand or more waste tires in existence
36 on or after the effective date of this subdivision shall submit to the
37 department a completed application for a permit to continue to operate
38 such facility, or cease operations and begin removal of the waste tires
39 from the facility and dispose of or treat them in a lawful manner pursu-
40 ant to a removal plan approved by the department. The owner or operator
41 must provide financial assurance to cover the cost of closure of the
42 facility at its maximum capacity, in a form and amount acceptable to the
43 department, before a permit will be issued. Any owner or operator who
44 obtained a permit pursuant to this subdivision before the effective date
45 of the waste tire management and recycling act of 2003 shall provide
46 such financial assurance within one hundred eighty days of the effective
47 date of such act. Failure to provide or maintain financial assurance
48 shall be grounds for the denial or revocation of a permit.
49 § 3. Article 27 of the environmental conservation law is amended by
50 adding a new title 19 to read as follows:
51 TITLE 19
52 WASTE TIRE MANAGEMENT AND RECYCLING
S. 1406--B 140 A. 2106--B
1 Section 27-1901. Definitions.
2 27-1903. Waste tire management priorities.
3 27-1905. Mandatory tire acceptance.
4 27-1907. Abatement of noncompliant waste tire stockpiles.
5 27-1909. Market development.
6 27-1911. Prohibition on land burial.
7 27-1913. Waste tire management and recycling fee.
8 27-1915. Use of waste tire management and recycling fee funds.
9 § 27-1901. Definitions.
10 When used in this title:
11 1. "Abatement" means the removal of a sufficient number of waste tires
12 from a noncompliant waste tire stockpile and restoration of the site to
13 a condition that is in substantial compliance with the rules and regu-
14 lations administered by the department for waste tire storage facili-
15 ties.
16 2. "Beneficial use" means the use of solid waste material, which would
17 otherwise need to be placed in a landfill or disposed of through alter-
18 native means, in such a manner that the nature of the use of the materi-
19 al constitutes a reuse rather than disposal. Beneficial uses include
20 incorporation of a solid waste material, which is a legitimate substi-
21 tute for a raw material, into a product marketable to an end user.
22 Waste tires which are burned as a fuel for the purposes of recovering
23 useable energy are considered to be beneficially used only at the point
24 at which they are burned.
25 3. "End use" means that a product requires no further processing or
26 manufacturing and is used by a consumer for the product's intended
27 application.
28 4. "End user" means the ultimate customer of a finished product.
29 5. "New tires" means tires that have never been placed on a motor
30 vehicle wheel rim or tires placed on a motor vehicle prior to its
31 original retail sale. It does not include recapped or resold tires.
32 6. "Noncompliant waste tire stockpile" means a facility, including a
33 waste tire storage facility, parcel of property, or site so designated
34 by the department in accordance with this title, where one thousand or
35 more waste tires or mechanically processed waste tires have been accumu-
36 lated, stored or buried in a manner that the department or a court of
37 competent jurisdiction has determined violates any judicial administra-
38 tive order, decree, law, regulation, or permit or stipulation relating
39 to waste tires, waste tire storage facilities or solid waste.
40 7. "Recycle" means to use recyclables in manufacturing a product for
41 an end use other than burning for recovery of useable energy.
42 8. "Recyclables" means solid waste materials that exhibit the poten-
43 tial to be used to make marketable products for end users.
44 9. "Removed from service" means removed within New York state from the
45 service for which the tires were intended to be used when the tires and
46 tire casings were separated for retreading.
47 10. "Retail sale" means the sale to any person in the state for any
48 purpose other than resale.
49 11. "Tire service" means any person or business in New York state who
50 sells or installs new tires for use on any vehicle and any person or
51 business who engages in the retail sale of new motor vehicles. A person
52 who is not the end point of sale and any governmental agency or poli-
53 tical subdivision are excluded from this term.
54 12. "Vehicle" or "Motor Vehicle" means any device which by virtue of
55 its design could qualify for registration pursuant to section four
56 hundred one of the vehicle and traffic law.
S. 1406--B 141 A. 2106--B
1 13. "Waste tire" means any solid waste which consists of whole tires
2 or portions of tires. Tire casings separated for retreading and tires
3 with sufficient tread for resale shall be included under this term,
4 however, crumb rubber shall not be considered a solid waste.
5 14. "Waste tire storage facility" means a facility at which waste
6 tires are stored and for which a permit or registration has been issued,
7 pursuant to department regulations.
8 § 27-1903. Waste tire management priorities.
9 In the interest of public health, safety and welfare and in order to
10 conserve natural resources and to promote recycling and market develop-
11 ment for waste tires, the state of New York establishes a policy on the
12 management of waste tires that states:
13 1. The waste tire management priorities in this state are:
14 (a) first, to reduce the number of waste tires generated;
15 (b) second, to remediate waste tire stockpiles in noncompliance;
16 (c) third, to recycle waste tires into value-added products;
17 (d) fourth, to beneficially use waste tires in an environmentally
18 acceptable manner, including the beneficial use in civil engineering
19 applications; and
20 (e) fifth, to recover, in an environmentally acceptable manner
21 consistent with the purpose of this chapter, energy from waste tires
22 that cannot be economically recycled or otherwise beneficially used.
23 2. State government must make an essential contribution to the devel-
24 opment and implementation of environmentally, economically and techni-
25 cally viable waste tire management programs. The department shall coop-
26 erate with other state agencies, including the department of economic
27 development, New York state energy research and development authority,
28 the department of transportation, the New York state thruway authority
29 and the department of health, to ensure that waste tires are effectively
30 managed and used in environmentally acceptable ways consistent with the
31 purposes of this chapter.
32 § 27-1905. Mandatory tire acceptance.
33 Any tire service shall:
34 1. Accept from a customer, waste tires of approximately the same size
35 and in a quantity equal to the number of new tires purchased or
36 installed by the customer; and
37 2. Post written notice in a prominent location, which must be at least
38 eight and one-half inches by fourteen inches in size and contain the
39 following language:
40 "New York State law requires us to accept and manage waste tires from
41 vehicles in exchange for an equal number of new tires that we sell or
42 install. We are required to charge a separate and distinct waste tire
43 management and recycling fee of $2.50 for each new tire we sell. Any
44 additional tire management and recycling costs are included in the
45 advertised price of the new tire."
46 § 27-1907. Abatement of noncompliant waste tire stockpiles.
47 1. No later than one year from the effective date of this title, the
48 department shall prepare and submit to the governor and the legislature
49 a comprehensive plan designed to abate all noncompliant waste tire
50 stockpiles by December thirty-first, two thousand ten. This plan shall
51 establish a noncompliant waste tire stockpile abatement priority list
52 and schedule for abatement of each noncompliant waste tire stockpile
53 based on potential adverse impacts upon public health, safety or
54 welfare, the environment, or natural resources. The plan shall also
55 include a census of compliant and non-compliant waste tire stockpiles in
S. 1406--B 142 A. 2106--B
1 the state and the number of waste tires believed to be stored at each
2 site.
3 2. The owner or operator of a noncompliant waste tire stockpile shall,
4 at the department's request, submit to and/or cooperate with any and all
5 remedial measures necessary for the abatement of noncompliant waste tire
6 stockpiles with funds from the waste tire management and recycling fund
7 pursuant to section ninety-two-bb of the state finance law.
8 3. No later than two years from the effective date of this title, the
9 department shall publish requests for proposals to seek contractors to
10 prepare whole and mechanically processed waste tires situated at noncom-
11 pliant waste tire stockpiles for arrangement in accordance with fire
12 safety requirements and for removal for appropriate processing, recycl-
13 ing or beneficial use. Disposal will be considered only as a last
14 option. The expenses of remedial and fire safety activities at a noncom-
15 pliant waste tire stockpile shall be paid by the person or persons who
16 owned, operated or maintained the noncompliant waste tire stockpile, or
17 from the waste tire management and recycling fund and shall be a debt
18 recoverable by the state from all persons who owned, operated or main-
19 tained the noncompliant waste tire stockpile, and a lien and charge may
20 be placed on the premises upon which the noncompliant waste tire stock-
21 pile is maintained and upon any real or personal property, equipment,
22 vehicles, and inventory controlled by such person or persons. Moneys
23 recovered shall be paid to the waste tire management and recycling fund
24 established pursuant to section ninety-two-bb of the state finance law.
25 4. If execution upon a judgment for the recovery of the expenses of
26 any such remedial and fire safety activities at a noncompliant waste
27 tire stockpile is returned wholly or partially unsatisfied, such judg-
28 ment, if docketed in the place and manner required by law to make a
29 judgment of a court of record a lien upon real property, shall be a
30 first lien upon such premises, having preference over all other liens
31 and encumbrances whatever. Notwithstanding the foregoing, such lien
32 shall not have preference over any mortgage or other encumbrance for the
33 benefit of the state of New York or a public benefit corporation there-
34 of.
35 5. The department shall make all reasonable efforts to recover the
36 full amount of any funds expended from the waste tire management and
37 recycling fund for abatement or remediation through litigation or coop-
38 erative agreements. Any and all moneys recovered, repaid or reimbursed
39 pursuant to this section shall be deposited with the comptroller and
40 credited to such fund.
41 6. The department shall have authority to enter all noncompliant waste
42 tire stockpiles for the purpose of investigation and abatement.
43 § 27-1909. Market development.
44 No later than one year after the effective date of this title and
45 continuing annually thereafter, the department of economic development
46 shall:
47 1. assist private market development with new technologies for waste
48 tire reuse and recycling with an emphasis on higher-value end uses in
49 order to further create and enhance sustainable markets;
50 2. provide industrial and consumer education on other benefits of
51 recycled waste tire product through the preparation of fact sheets and
52 public workshops; and
53 3. prepare an annual summary report and analysis of markets and dispo-
54 sition of both New York state stockpiled tires and New York state annu-
55 ally generated waste tires. This report shall be submitted to the
56 department and legislature by the last day of March of each year.
S. 1406--B 143 A. 2106--B
1 § 27-1911. Prohibition on land burial.
2 1. No person shall knowingly dispose of waste tires in a landfill
3 except as provided in subdivision two of this section.
4 2. No moneys from the waste tire management and recycling fund shall
5 be used to dispose of waste tires in a landfill unless the department
6 has determined that it is not feasible to convert the waste tires to a
7 beneficial use. Department-approved beneficial uses of scrap-tire-der-
8 ived material for leachate collection systems, or gas collection systems
9 in the construction or operation of a landfill are not considered
10 disposal.
11 § 27-1913. Waste tire management and recycling fee.
12 1. Until December thirty-first, two thousand ten, a waste tire manage-
13 ment and recycling fee of two dollars and fifty cents shall be charged
14 on each new tire sold. The fee shall be paid by the purchaser to the
15 tire service at the time the new tire or new motor vehicle is purchased.
16 The waste tire management and recycling fee does not apply to:
17 (a) recapped or resold tires;
18 (b) mail-order sales; or
19 (c) the sale of new motor vehicle tires to a person solely for the
20 purpose of resale provided the subsequent retail sale in this state is
21 subject to such fee.
22 2. The tire service shall collect the waste tire management and recy-
23 cling fee from the purchaser at the time of the sale and shall remit
24 such fee to the department of taxation and finance with the quarterly
25 report filed pursuant to subdivision three of this section.
26 (a) The fee imposed shall be stated as an invoice item separate and
27 distinct from the selling price of the tire.
28 (b) The tire service shall be entitled to retain an allowance of twen-
29 ty-five cents per tire from fees collected.
30 (c) Any additional management and recycling costs of the retailer
31 shall be included in the published selling price of the new tire.
32 3. Each tire service maintaining a place of business in this state
33 shall make a return to the department of taxation and finance on a quar-
34 terly basis, with the return for January, February, and March of a given
35 year being due by April thirtieth of that year; the return for April,
36 May, and June of a given year being due by July thirty-first of that
37 year; the return for July, August, and September of a given year being
38 due by October thirty-first of that year; and the return for October,
39 November, and December of a given year being due by January thirty-first
40 of the following year.
41 (a) Each return shall include:
42 (i) the name of the tire service;
43 (ii) the address of the tire service's principal place of business and
44 the address of the principal place of business (if that is a different
45 address) from which the tire service engages in the business of making
46 retail sales of tires;
47 (iii) the name and signature of the person preparing the return;
48 (iv) the total number of new tires sold at retail for the preceding
49 quarter and the total number of new tires placed on motor vehicles prior
50 to original retail sale;
51 (v) the amount of waste tire management and recycling fees due; and
52 (vi) such other reasonable information as the department of taxation
53 and finance may require.
54 (b) Copies of each report shall be retained by the tire service for
55 three years.
S. 1406--B 144 A. 2106--B
1 If a tire service ceases business, it shall file a final return and
2 remit all fees due under this title with the department of taxation and
3 finance not more than one month after discontinuing that business.
4 4. All waste tire management and recycling fees collected by the
5 department of taxation and finance shall be transferred to the waste
6 tire management and recycling fund pursuant to section ninety-two-bb of
7 the state finance law.
8 § 27-1915. Use of waste tire management and recycling fee funds.
9 Funds from the waste tire management and recycling fund established in
10 section ninety-two-bb of the state finance law, shall be made for the
11 following purposes:
12 1. costs of the department for the following:
13 (a) first-year costs:
14 (i) enumeration and assessment of noncompliant waste tire stockpiles;
15 and
16 (ii) aerial reconnaissance to locate, survey and characterize sites
17 environmentally, for remote sensing, special analysis and scanning;
18 (b) abatement of noncompliant waste tire stockpiles; and
19 (c) administration of requirements of this section.
20 2. costs of the department of economic development for the following:
21 (a) conducting an updated market analysis of outlets for waste tire
22 utilization including recycling and energy recovery opportunities;
23 (b) establishment of a program to provide funds to businesses to
24 develop technology that leads to increased markets for waste tires;
25 (c) funding of demonstration projects; and
26 (d) administration of requirements of this section.
27 3. costs of the department of transportation for the following:
28 (a) funding of demonstration and other projects for road base, paving
29 and other civil engineering uses; and
30 (b) administration of requirements of this section.
31 4. costs of the New York state thruway authority for the following:
32 (a) funding of demonstration and other projects for road base, paving
33 and other civil engineering uses; and
34 (b) administration of requirements of this section.
35 5. costs of the New York state energy research and development author-
36 ity for the following:
37 (a) funding research projects which will enhance sustainable waste
38 tire recycling activities; and
39 (b) administration of requirements of this section.
40 6. costs of the department of health for the following:
41 (a) recommendations to protect public health; and
42 (b) administration of requirements of this section.
43 Any funds not used for a given year shall be returned to the fund and
44 be added to the total funds available for disbursement in the succeeding
45 year.
46 § 4. The state finance law is amended by adding a new section 92-bb to
47 read as follows:
48 § 92-bb. Waste tire management and recycling fund. 1. There is hereby
49 established in the joint custody of the state comptroller and the
50 commissioner of the department of taxation and finance a special fund to
51 be known as the "waste tire management and recycling fund".
52 2. The waste tire management and recycling fund shall consist of all
53 revenue collected from waste tire management and recycling fees pursuant
54 to section 27-1913 of the environmental conservation law and any cost
55 recoveries or other revenues collected pursuant to title nineteen of
56 article twenty-seven of the environmental conservation law.
S. 1406--B 145 A. 2106--B
1 3. Moneys of the fund, following appropriation by the legislature,
2 shall be used for execution of waste tire management and recycling
3 pursuant to title nineteen of article twenty-seven of the environmental
4 conservation law, and expended for the purposes as set forth in section
5 27-1915 of the environmental conservation law.
6 § 5. Subparagraph (a) of paragraph 1 of subdivision (c) of section 301
7 of the vehicle and traffic law, as amended by chapter 161 of the laws of
8 1996, is amended and a new paragraph 3 is added to read as follows:
9 (a) A safety inspection shall be made with respect to the brakes[,];
10 steering mechanism[,]; wheel alignment[,]; lights, including but not
11 limited to the lights which are designed and placed on a vehicle for the
12 purpose of illuminating the vehicle's license plates[,]; odometer[,];
13 tire pressure; seat safety belts[,]; shoulder harness safety belts and
14 such other mechanisms and equipment as shall be determined by the
15 commissioner to be necessary for proper and safe operations. Such
16 inspection shall also be made with respect to vehicle identification
17 number. Upon inspection, the mileage appearing on the odometer shall be
18 recorded upon the inspection sticker.
19 (3) Improper tire pressure shall not be reason for failure of the
20 inspection.
21 § 6. Subdivision (b) of section 304 of the vehicle and traffic law, as
22 amended by chapter 608 of the laws of 1993, is amended to read as
23 follows:
24 (b) If such inspection discloses the necessity for adjustments,
25 corrections or repairs the owner shall be so notified and shall have
26 such adjustments, corrections or repairs made within a period of thirty
27 days. If such inspection discloses improper tire pressure, the owner
28 shall be so notified and may have such adjustments, corrections or
29 repairs made as authorized by this subdivision. The commissioner shall
30 establish procedures for reporting the results of such inspections and
31 for notifying the owners. The owner may have such adjustments,
32 corrections and repairs made in any way and by any person provided that
33 such repairs are made in a manner consistent with federal law and regu-
34 lations.
35 § 7. This act shall take effect on the one hundred twentieth day after
36 it shall have become a law and shall apply to taxable years beginning on
37 or after January 1, 2003.
38 PART W1
39 Section 1. The opening paragraph and the opening paragraph of the
40 second unlettered paragraph of subdivision 4 of section 19-0320 of the
41 environmental conservation law, as added by chapter 621 of the laws of
42 1998, are amended to read as follows:
43 [It shall be a violation of this section to operate] Notwithstanding
44 the provisions of title twenty-one of article seventy-one of this chap-
45 ter, operation of a heavy duty vehicle which, when tested, exceeds emis-
46 sion levels set forth in regulations promulgated pursuant to this
47 section[.
48 Notwithstanding the provisions of title twenty-one of article seven-
49 ty-one of this chapter, the] shall be a violation, and the following
50 penalties shall apply to any violation found as a result of roadside
51 emissions inspections:
52 § 2. The opening paragraph of subdivision 5 of section 19-0320 of the
53 environmental conservation law, as added by chapter 621 of the laws of
54 1998, is amended to read as follows:
S. 1406--B 146 A. 2106--B
1 [It shall be a violation of this section to operate] Notwithstanding
2 the provisions of title twenty-one of article seventy-one of this chap-
3 ter, operation of any heavy duty vehicle registered or required to be
4 registered in this state without a certificate of inspection resulting
5 from an annual inspection as required by regulations adopted pursuant to
6 this section[. Notwithstanding the provisions of title twenty-one of
7 article seventy-one of this chapter, the] shall be a violation, and the
8 following violation structure shall apply to such violations:
9 § 3. Section 19-0320 of the environmental conservation law is amended
10 by adding a new subdivision 6-a to read as follows:
11 6-a. Notwithstanding the provisions of this section, no penalty shall
12 be imposed pursuant to this section where the operator of such vehicle
13 has been convicted of the same violation arising from the same incident
14 pursuant to section three hundred one-b of the vehicle and traffic law.
15 § 4. The vehicle and traffic law is amended by adding a new section
16 301-b to read as follows:
17 § 301-b. Heavy duty vehicle emissions. 1. It shall be a violation to
18 operate a heavy duty vehicle which, when tested, exceeds emissions
19 levels set forth in section 19-0320 of the environmental conservation
20 law or regulations adopted thereunder. The following penalties shall
21 apply to any violation found as a result of roadside emissions
22 inspections:
23 a. First violation:$700.00
24 Second and subsequent violations:$1300.00.
25 b. The penalties set forth in paragraph a of this subdivision shall be
26 reduced to one hundred fifty dollars for the first violation and five
27 hundred dollars for the second and subsequent violations by the court or
28 administrative tribunal before which the summons or appearance ticket is
29 returnable if the violation set forth in the summons or appearance tick-
30 et is corrected not later than thirty days after the issuance of the
31 summons or appearance ticket and proof of such correction, as defined in
32 paragraph c of this subdivision, is submitted to the court or adminis-
33 trative tribunal. The penalties described in this section shall not
34 apply to vehicles defined by section one hundred forty-two of this chap-
35 ter or owned by a county, town, city, or village for a first violation
36 provided the vehicle is repaired within thirty days of ticket issuance.
37 c. Acceptable proof of repair or adjustment shall be submitted to the
38 court or administrative tribunal on or before the return date of the
39 summons or appearance ticket in a form and manner prescribed by regu-
40 lations adopted pursuant to this section.
41 2. It shall be a violation to operate any heavy duty vehicle regis-
42 tered or required to be registered in this state without a certificate
43 of inspection resulting from an annual inspection as required by section
44 19-0320 of the environmental conservation law or regulations adopted
45 thereunder. The following violation structure shall apply to such
46 violations:
47 a.First violation:$ 700.00
48 Second and subsequent violations:$1300.00.
49 b. The penalties defined in paragraph a of this subdivision shall be
50 reduced to three hundred fifty dollars for the first violation and seven
51 hundred fifty dollars for second and subsequent violations, provided
52 that the vehicle in question bears a certificate which was valid within
53 the last thirty days. The penalties described in this section shall not
54 apply to vehicles defined by section one hundred forty-two of this chap-
55 ter or owned by a county, town, city, or village for a first violation
56 provided the vehicle is inspected within thirty days of ticket issuance.
S. 1406--B 147 A. 2106--B
1 3. Any fines collected for violations of this section shall be depos-
2 ited in the clean air fund, to the credit of the mobile source account
3 in accordance with the provisions of section ninety-seven-oo of the
4 state finance law.
5 4. Notwithstanding the provisions of this section, no penalty shall be
6 imposed pursuant to this section where the operator of such vehicle has
7 been convicted of the same violation arising from the same incident
8 pursuant to section 19-0320 of the environmental conservation law.
9 § 5. Subdivision 4 of section 97-oo of the state finance law, as
10 amended by chapter 621 of the laws of 1998, is amended to read as
11 follows:
12 4. The mobile source account shall consist of monies collected pursu-
13 ant to section three hundred one-b of the vehicle and traffic law, para-
14 graph two of subdivision (a) of section three hundred five of the vehi-
15 cle and traffic law, any monies collected pursuant to paragraph K of
16 subdivision seven of section four hundred one of the vehicle and traffic
17 law and subdivision four of section 71-2103 of the environmental conser-
18 vation law, and all interest accrued on any such monies deposited into
19 the account.
20 § 6. Section 10 of chapter 621 of the laws of 1998, amending the envi-
21 ronmental conservation law, the public authorities law, the state
22 finance law, the transportation law and the vehicle and traffic law
23 relating to heavy duty vehicle emissions reduction, is amended to read
24 as follows:
25 § 10. This act shall take effect immediately provided that it shall
26 not apply to vehicles defined by section one hundred forty-two of the
27 vehicle and traffic law or vehicles owned by counties, towns, cities, or
28 villages, and vehicles defined by section one hundred four of the vehi-
29 cle and traffic law until June 1, 2000[, and provided further that this
30 act shall expire five years after such effective date].
31 § 7. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2003.
33 PART X1
34 Section 1. Paragraph d of subdivision 3 of section 33-0905 of the
35 environmental conservation law, as amended by section 5 of part B of
36 chapter 82 of the laws of 2002, is amended to read as follows:
37 d. Pesticide applicator certifications shall be valid for [five years]
38 one year after which every applicator shall recertify according to the
39 requirements then in effect. Certification identification cards shall be
40 valid for [five years] one year.
41 § 2. Subdivision 2 of section 33-0911 of the environmental conserva-
42 tion law, as amended by section 6 of part B of chapter 82 of the laws of
43 2002, is amended to read as follows:
44 2. Fees for pesticide applicator certification shall be [three
45 hundred] seventy-five dollars for commercial pesticide applicator
46 certification in one individual category, [one hundred] twenty-five
47 dollars for each additional category and [one hundred] twenty-five
48 dollars for each additional sub-category chosen. For private applicators
49 a fee of twenty-five dollars for the initial certified private applica-
50 tor and five dollars for subsequent applicators on the same farm or
51 business shall be charged at the time of initial certification, renewal
52 of certification or recertification.
53 § 3. This act shall take effect immediately.
S. 1406--B 148 A. 2106--B
1 PART A2
2 Section 1. Subdivision 6-c of section 3602 of the education law, as
3 amended by chapter 217 of the laws of 2001, is amended to read as
4 follows:
5 6-c. Building aid for metal detectors, and safety devices for elec-
6 trically operated partitions, room dividers and doors. In addition to
7 the apportionments payable to a school district pursuant to subdivision
8 six of this section, the commissioner is hereby authorized to apportion
9 to any school district additional building aid pursuant to this subdivi-
10 sion for its approved expenditures in the base year for the purchase of
11 stationary metal detectors, security cameras, safety devices for elec-
12 trically operated partitions and room dividers required pursuant to
13 section four hundred nine-f of this chapter, or other security devices
14 approved by the commissioner that increase the safety of students and
15 school personnel, provided, however, that funds apportioned to school
16 districts pursuant to this section shall not supplant funds for existing
17 district expenditures or for existing contractual obligations of the
18 district for stationary metal detectors, security cameras, partition and
19 room divider safety devices, or security devices. Portable or hand held
20 metal detectors shall not be eligible for aid pursuant to this subdivi-
21 sion. Such additional aid shall [be computed in the manner prescribed in
22 subdivision six of this section using the district's current year build-
23 ing aid ratio] equal the product of the building aid ratio computed for
24 use in the current year pursuant to paragraph c of subdivision six of
25 this section and the actual approved expenditures incurred in the base
26 year pursuant to this subdivision, provided that the limitations on cost
27 allowances prescribed by paragraph a of subdivision six of this section
28 shall not apply. The commissioner shall annually prescribe a special
29 cost allowance for metal detectors, and security cameras, and the
30 approved expenditures shall not exceed such cost allowance. The commis-
31 sioner shall annually prescribe a special cost allowance for partition
32 and room divider safety devices, and the approved expenditures shall not
33 exceed such cost allowance.
34 § 2. Subdivision 11 of section 1950 of the education law, as added by
35 chapter 218 of the laws of 1972, is amended to read as follows:
36 11. With the approval of the commissioner, one or more boards of coop-
37 erative educational services and one or more school districts may enter
38 into an agreement or agreements to provide for sharing costs of
39 construction of or leases for facilities acquired for the purpose of
40 housing services to be provided by a board or boards of cooperative
41 educational services for provision of which services such facilities are
42 constructed or leased, provided, however that no new agreements for the
43 sharing of costs of construction or leases of facilities may be entered
44 into pursuant to this subdivision on or after July first, two thousand
45 three. No such agreement may be for a longer term than is required to
46 retire any obligations issued by one or more of the parties to such
47 agreement for the purpose of acquiring such facilities, or to pay the
48 dormitory authority in full for the acquisition of such facilities.
49 § 3. Paragraph c of subdivision 13 of section 1950 of the education
50 law, as added by chapter 33 of the laws of 1976, is amended to read as
51 follows:
52 c. Nothing herein contained shall be construed to permit any school
53 district in a city (as defined in [subdivision] paragraph two-b of
54 section 2.00 of the local finance law) to contract indebtedness for such
55 object or purpose in excess of the limitation prescribed by [subdivi-
S. 1406--B 149 A. 2106--B
1 sion] paragraph b of section 104.00 of such law, without a compliance
2 with the provisions of [subdivision] paragraph c thereof. A school
3 district, other than a school district in a city, may issue bonds or
4 bond anticipation notes for such object or purpose in excess of the
5 limitation prescribed by [subdivision] paragraph d of such section
6 104.00, without complying with the requirements of [paragraphs] subpara-
7 graphs one through three of such [subdivision] paragraph. Notwithstand-
8 ing any other provision of law to the contrary, a special act school
9 district, as defined in subdivision eight of section four thousand one
10 of this chapter, shall not be deemed a component school district of the
11 board of cooperative educational services for purposes of this subdivi-
12 sion.
13 § 4. Paragraph e of subdivision 14 of section 1950 of the education
14 law, as added by chapter 728 of the laws of 1976, is amended to read as
15 follows:
16 e. Nothing herein contained shall be construed to permit any school
17 district in a city (as defined in [subdivision] paragraph two-b of
18 section 2.00 of the local finance law) to contract indebtedness for such
19 specific object or purpose in excess of the limitation prescribed by
20 [subdivision] paragraph b of section 104.00 of such law, without comply-
21 ing with the provisions of [subdivision] paragraph c thereof. A school
22 district, other than a school district in a city, may not issue bonds or
23 bond anticipation notes for such specific object or purpose in excess of
24 the limitation prescribed by [subdivision] paragraph d of such section
25 104.00, without complying with the requirements of [paragraphs] subpara-
26 graphs one through three of such [subdivision] paragraph. Notwithstand-
27 ing any other provision of law to the contrary, a special act school
28 district, as defined in subdivision eight of section four thousand one
29 of this chapter, shall not be deemed a component school district of the
30 board of cooperative educational services for purposes of this subdivi-
31 sion.
32 § 5. Paragraph v of subdivision 1 of section 3602 of the education
33 law, as amended by section 11-a of part C of chapter 58 of the laws of
34 1998, is amended to read as follows:
35 v. "Concentration factor" shall be computed by adding to one the
36 quotient of (i) the positive remainder resulting when seven hundred
37 forty-five thousandths is subtracted from the quotient of the extraor-
38 dinary needs count divided by the district's base year public school
39 enrollment divided by (ii) three hundred [eighty-seven] twenty thou-
40 sandths; provided, however, that such factor shall not be less than one.
41 § 6. Clause (c) of subparagraph (i) of paragraph y of subdivision 1 of
42 section 3602 of the education law, as amended by section 8 of part H of
43 chapter 83 of the laws of 2002, is amended and a new clause (d) is added
44 to read as follows:
45 (c) for aid payable in the two thousand two--two thousand three school
46 year, the product of the amount set forth for each school district as
47 "Excess Cost - Public" under the heading "2000-01 Base Year Aids" in the
48 school aid computer listing produced by the commissioner in support of
49 the executive budget request for the two thousand one--two thousand two
50 school year and entitled "BT032-1", and ninety-five hundredths;
51 (d) for aid payable in the two thousand three--two thousand four
52 school year, the product of the aid selected pursuant to clause one of
53 subparagraph b of paragraph six of subdivision nineteen of this section
54 in the base year and ninety-five hundredths.
S. 1406--B 150 A. 2106--B
1 § 7. The opening paragraph of subdivision 6 of section 3602 of the
2 education law, as amended by section 10 of part H of chapter 83 of the
3 laws of 2002, is amended to read as follows:
4 Any apportionment to a school district pursuant to this subdivision
5 shall be based upon base year approved expenditures for capital outlays
6 incurred prior to July first, two thousand one from its general fund,
7 capital fund or reserved funds and current year approved expenditures
8 for debt service, including debt service for refunding bond issues
9 eligible for an apportionment pursuant to paragraph g of this subdivi-
10 sion and lease or other annual payments to the New York city educational
11 construction fund created by article ten of this chapter or the city of
12 Yonkers educational construction fund created by article ten-B of this
13 chapter which have been pledged to secure the payment of bonds, notes or
14 other obligations issued by the fund to finance the construction, acqui-
15 sition, reconstruction, rehabilitation or improvement of the school
16 portion of combined occupancy structures, or for lease or other annual
17 payments to the New York state urban development corporation created by
18 chapter one hundred seventy-four of the laws of nineteen hundred sixty-
19 eight, pursuant to agreement between such school district and such
20 corporation relating to the construction, acquisition, reconstruction,
21 rehabilitation or improvement of any school building, or for annual
22 payments to the dormitory authority pursuant to any lease, sublease or
23 other agreement relating to the financing, refinancing, acquisition,
24 design, construction, reconstruction, rehabilitation, improvement,
25 furnishing and equipping of, or otherwise provide for school district
26 capital facilities or school district capital equipment made under the
27 provisions of section sixteen hundred eighty of the public authorities
28 law, or for lease, lease-purchase or other annual payments to another
29 school district or person, partnership or corporation pursuant to an
30 agreement made under the provisions of section four hundred three-b,
31 subdivision eight of section twenty-five hundred three, or subdivision
32 six of section twenty-five hundred fifty-four of this chapter, provided
33 that the apportionment for such lease or other annual payments under the
34 provisions of section four hundred three-b, subdivision eight of section
35 twenty-five hundred three, or subdivision six of section twenty-five
36 hundred fifty-four of this chapter, other than payments under a lease-
37 purchase agreement or an equivalent agreement, shall be based upon
38 approved expenditures in the [base] current year. Approved expenditures
39 for capital outlays from a school district's general fund, capital fund
40 or reserved funds that are incurred on or after July first, two thousand
41 two, and are not aidable pursuant to subdivision six-f of this section,
42 shall be aidable as debt service under an assumed amortization estab-
43 lished pursuant to paragraphs e and j of this subdivision. In any such
44 case approved expenditures shall be only for new construction, recon-
45 struction, purchase of existing structures, for site purchase and
46 improvement, for new garages, for original equipment, furnishings,
47 machinery, or apparatus, and for professional fees and other costs inci-
48 dental to such construction or reconstruction, or purchase of existing
49 structures. In the case of a lease or lease-purchase agreement entered
50 pursuant to section four hundred three-b, subdivision eight of section
51 twenty-five hundred three or subdivision six of section twenty-five
52 hundred fifty-four of this chapter, approved expenditures for the lease
53 or other annual payments shall not include the costs of heat, electric-
54 ity, water or other utilities or the costs of operation or maintenance
55 of the leased facility. An apportionment shall be available pursuant to
56 this subdivision for construction, reconstruction, rehabilitation or
S. 1406--B 151 A. 2106--B
1 improvement in a building, or portion thereof, being leased by a school
2 district only if the lease is for a term of at least ten years subse-
3 quent to the date of the general construction contract for such
4 construction, reconstruction, rehabilitation or improvement. Each school
5 district shall prepare a five year capital facilities plan, pursuant to
6 regulations developed by the commissioner for such purpose, provided
7 that in the case of a city school district in a city having a population
8 of one million inhabitants or more, such facilities plan shall comply
9 with the provisions of section twenty-five hundred ninety-p of this
10 chapter and this subdivision. Such plan shall include, but not be limit-
11 ed to, a building inventory, and estimated expense of facility needs,
12 for new construction, additions, alterations, reconstruction, major
13 repairs, energy consumption and maintenance by school building, as
14 appropriate. Such five year plan shall include a priority ranking of
15 projects and shall be amended if necessary to reflect subsequent on-site
16 evaluations of facilities conducted by state supported contractors.
17 § 8. Clause (a) of subparagraph 4 of paragraph e of subdivision 6 of
18 section 3602 of the education law, as amended by section 13 of part H of
19 chapter 83 of the laws of 2002, is amended and a new clause (d) is added
20 to read as follows:
21 (a) For the purposes of calculating the apportionments payable to a
22 school district other than the city school district of the city of New
23 York pursuant to this subdivision for the two thousand two--two thousand
24 three school year and thereafter for any debt service still outstanding
25 as of the first day of July, two thousand two that has not been subject
26 to an assumed amortization pursuant to subparagraph three of this para-
27 graph or for lease-purchase or other annual payments under a lease-pur-
28 chase agreement or an equivalent agreement having an unexpired term on
29 such date, current year approved expenditures for debt service shall
30 mean debt service or lease-purchase or other annual payments under a
31 lease-purchase agreement or an equivalent agreement that would be
32 incurred during the current year based on an assumed amortization to be
33 established by the commissioner pursuant to this subparagraph of the sum
34 of
35 (i) any assumed or actual unpaid principal, or the equivalent amount
36 in the case of a lease-purchase agreement or its equivalent, remaining
37 as of the first day of July, two thousand two pursuant to an existing
38 amortization or any unpaid principal of a bond anticipation note as of
39 the first day of July, two thousand two, plus
40 (ii) [any remaining approved project costs that are to be funded
41 through the issuance of obligations that is not subject to an assumed
42 amortization pursuant to subparagraph three of this paragraph, plus
43 (iii)] the approved expenditures for the refunding of bonds that are
44 otherwise eligible for an apportionment pursuant to this subdivision, as
45 such expenditures are defined in subparagraph two of paragraph g of this
46 subdivision, provided that such refunding bonds are issued on or before
47 July first, two thousand five, less the sum of the refinancing costs
48 attributable to refinancing the state share of a school construction
49 project for purposes of retroactive amortization plus the additional
50 principal attributable to the refunding of bonds, as such terms are
51 defined in subclauses (iii) and (iv) of clause (c) of subparagraph three
52 of this paragraph, for a period equal to the greater of:
53 (i) the remaining maximum useful life of the project, or projects
54 associated with such obligation, as determined by the commissioner based
55 on data submitted by the school district, or
S. 1406--B 152 A. 2106--B
1 (ii) the remaining term of the bond, bond anticipation note, or lease-
2 purchase agreement.
3 (d) Any school district that issues debt after July first, two thou-
4 sand two for the funding of the approved costs of projects eligible for
5 an apportionment pursuant to this subparagraph shall be eligible for an
6 additional apportionment calculated pursuant to the provisions of this
7 subdivision, where the assumed amortization shall be based upon such
8 approved costs and the remaining useful life shall be the remaining
9 period over which the apportionments calculated pursuant to clause (a)
10 of this subparagraph are to be paid.
11 § 9. Clause (a) of subparagraph 5 of paragraph e of subdivision 6 of
12 section 3602 of the education law, as amended by section 1 of part F of
13 chapter 383 of the laws of 2001, is amended to read as follows:
14 (a) Calculation of interest rates for the city school districts of the
15 cities of Buffalo, Rochester, Syracuse and Yonkers. By the first day of
16 September of the current year, or by the date prescribed by the commis-
17 sioner for the two thousand one--two thousand two school year, the chief
18 fiscal officer of each of the cities of Buffalo, Rochester, Syracuse and
19 Yonkers shall provide to the commissioner an analysis, as prescribed by
20 the commissioner, of the actual average interest rate applied to all
21 capital debt incurred by such city related to school construction
22 purposes during the base year not including debt issued by the dormitory
23 authority for the benefit of any school district and of the estimated
24 average interest rate applied to all capital debt to be incurred by such
25 city related to school construction purposes during the current year not
26 including debt issued by the dormitory authority for the benefit of any
27 school district. Such interest rates shall be expressed as a decimal to
28 five places rounded to the nearest eighth of one-one hundredth. The
29 interest rate of such city applicable to the base year for the purposes
30 of this subparagraph shall be the actual average interest rate of such
31 city in the base year, and the estimated average interest rate shall be
32 tentatively established as the interest rate of such city applicable to
33 the current year, except that all apportionments of aid payable during
34 the current year based on such estimated average interest rate shall be
35 recalculated in the following year and adjusted as appropriate based on
36 the appropriate actual average interest rate then established pursuant
37 to this clause provided, however, that in any year in which such city
38 has not incurred debt related to school construction purposes, the
39 interest rate applicable to the debt issued to fund projects approved by
40 the commissioner in such year shall be tentatively established as the
41 interest rate of such city applicable to the current year, except that
42 all apportionments of aid payable during the current year based on such
43 interest rate applicable to the debt issued to fund such projects shall
44 be recalculated in the following year and adjusted as appropriate based
45 on the appropriate actual average interest rate then established pursu-
46 ant to this clause, and provided further that where such city has
47 entered into an agreement with the dormitory authority of the state of
48 New York to finance debt related to school construction that is subject
49 to subparagraph four of this paragraph or has entered into an agreement
50 with the dormitory authority of the state of New York for the purpose of
51 financing a school construction project that is subject to subparagraph
52 three of this paragraph, the interest rate applicable to the obligations
53 issued by the dormitory authority of the state of New York for such
54 purpose shall be the interest rate established for such city applicable
55 to such debt.
S. 1406--B 153 A. 2106--B
1 § 9-a. Clause (a) of subparagraph 3 of paragraph e of subdivision 6 of
2 section 3602 of the education law, as amended by section 1 of part F of
3 chapter 383 of the laws of 2001, is amended to read as follows:
4 (a) For the purposes of calculating the apportionments payable to a
5 school district other than the city school district of the city of New
6 York pursuant to this subdivision for any debt service related to
7 projects approved by the commissioner on or after the later of the first
8 day of December, two thousand one or thirty days after the date upon
9 which this subparagraph shall have become a law, or for any debt service
10 related to projects approved by the commissioner prior to such date
11 where a bond, capital note or bond anticipation note is first issued on
12 or after such date to fund such project or for lease-purchase or other
13 annual payments under a lease-purchase agreement or an equivalent agree-
14 ment entered into on or after the later of the first day of December,
15 two thousand one or thirty days after the date upon which this subpara-
16 graph shall have become a law that are eligible for aid under the open-
17 ing paragraph of this subdivision, current year approved expenditures
18 for debt service shall mean debt service or lease-purchase or other
19 annual payments under a lease-purchase agreement or an equivalent agree-
20 ment that would be incurred during the current year based on an assumed
21 amortization to be established by the commissioner pursuant to this
22 subparagraph of the approved project costs to be financed related to any
23 such approved project, for a period of:
24 (i) thirty years if the project is for the construction or acquisition
25 of a new school building,
26 (ii) twenty years if the project is for the construction of an addi-
27 tion to a school building or for the reconstruction, rehabilitation or
28 improvement of a school building for which a period of probable useful-
29 ness of twenty or more years is assigned pursuant to the local finance
30 law, and
31 (iii) fifteen years if the project is for the reconstruction, rehabil-
32 itation or improvement of a school building for which a period of proba-
33 ble usefulness of less than twenty years is assigned pursuant to the
34 local finance law.
35 Provided, however, that, notwithstanding any provision of law to the
36 contrary, for aid payable in the two thousand three---two thousand four
37 school year, for any project which is eligible for an apportionment
38 pursuant to this subparagraph, but which did not yet have a certif-
39 ication that a general construction contract had been awarded for such
40 project by the district on file with the commissioner as of February
41 fifteenth, two thousand three, such debt service or lease-purchase or
42 other annual payments under a lease-purchase agreement or an equivalent
43 agreement that would be incurred during the current year based on an
44 assumed amortization to be established by the commissioner pursuant to
45 this subparagraph of the approved project costs to be financed shall not
46 be current year approved expenditures for debt service, but shall be
47 deemed to be debt service on new bonds and capital notes aidable in July
48 following the current year pursuant to clause (b) of subparagraph one of
49 paragraph f of this subdivision.
50 § 10. Paragraph c of subdivision 6-d of section 3602 of the education
51 law, as amended by section 18 of part H of chapter 83 of the laws of
52 2002, is amended to read as follows:
53 c. In the event the appropriation for purposes of this subdivision in
54 any year is insufficient to pay all claims received pursuant to this
55 subdivision, the commissioner shall pay such claims on a prorated basis
56 among all districts filing such claims until the appropriation is
S. 1406--B 154 A. 2106--B
1 exhausted. For aid payable in the nineteen hundred ninety-eight--nine-
2 ty-nine through the [two thousand two--two thousand three] two thousand
3 three--two thousand four school years, the aid payable pursuant to this
4 subdivision shall not exceed fifty million dollars ($50,000,000), and
5 for the [two thousand three--two thousand four] two thousand four--two
6 thousand five school year and thereafter the aid payable pursuant to
7 this subdivision shall not exceed eighty million dollars ($80,000,000).
8 § 11. Subdivision 11 of section 3602 of the education law, as amended
9 by section 23 of part H of chapter 83 of the laws of 2002, is amended to
10 read as follows:
11 11. Approved operating expense. The approved operating expense for
12 apportionments to any school district hereunder shall be computed as
13 follows: The apportionment to any school district for operating expense
14 shall be based upon the total expenditures from its general fund and
15 from its capital fund and from its risk retention fund for purposes of
16 employee benefit claims related to salaries paid from the general fund,
17 and for any city school districts with a population of more than one
18 hundred twenty-five thousand inhabitants its expenditures from the
19 special aid fund of grant moneys for improving pupil performance and
20 categorical aid for special reading programs as provided in the aid to
21 localities budget during the applicable year as approved by the commis-
22 sioner, and in accordance with the classification of expenditures in use
23 by the commissioner for the reporting by school districts of receipts,
24 expenditures and other financial data. For the purpose of this subdivi-
25 sion operating expense shall be defined as total cash expenditures
26 during the applicable year, but shall exclude: (1) any balances and
27 transfers; (2) any payments for transportation of pupils to and from
28 school during the regular school year inclusive of capital outlays and
29 debt service therefor; (2-a) a portion of any payments for transporta-
30 tion of pupils to and from district operated summer school programs
31 pursuant to subdivision six of section thirty-six hundred twenty-two-a
32 of this article, inclusive of capital outlays and debt service therefor,
33 equal to the product of such expenditures multiplied by the quotient of
34 the total apportionment after the proration, if any, required by such
35 subdivision six of such section divided by the total apportionment prior
36 to such proration; (3) any payments for capital outlay and debt service
37 for school building purposes, provided, however, that in the case of a
38 school district which has entered into a contract with state university
39 pursuant to paragraph o of subdivision two of section three hundred
40 fifty-five of this chapter, under which the school district makes
41 payments to state university on account of capital outlay relating to
42 certain children residing in such school district, such payments shall
43 not be so excluded; (4) any payments for cafeteria or school lunch
44 programs; (5) any proceeds of short term borrowings in the general fund
45 and any payments from the proceeds of the sale of obligations in the
46 capital fund; (6) any cash receipts which reduce the cost of an item
47 when applied against the expenditure therefor, except gifts, donations
48 and earned interest and any refunds made; (7) any payments made to
49 boards of cooperative educational services and to county vocational
50 education and extension boards for purposes or programs for which an
51 apportionment is paid pursuant to other sections of this chapter, except
52 that payments attributable to eligible pupils with disabilities and
53 ineligible pupils residing in noncomponent districts shall be included
54 in operating expense; (8) any tuition payments made to other school
55 districts inclusive of payments made to a central high school district
56 by one of its component school districts; (9) any apportionment or
S. 1406--B 155 A. 2106--B
1 payment received from the state for experimental or special programs
2 paid under provisions other than those found in this section and other
3 than any apportionments or payments received from the state by the city
4 school district of the city of Yonkers for the purpose of funding an
5 educational improvement program pursuant to a court order and other than
6 any other state grants in aid identified by the commissioner for general
7 use as specified by the board of education pursuant to subdivision two
8 of section seventeen hundred eighteen of this chapter; (10) any funds
9 received from the federal government except the federal share of medi-
10 caid subject to the provisions of section [thirty-six hundred nine or]
11 thirty-six hundred nine-a[, as the case may be,] of this [chapter] part
12 and except Impact Aid funds received pursuant to sections two and six of
13 Public Law eighty-one-eight hundred seventy-four (PL 81-874) or any law
14 superseding such law in any such district which received aid pursuant to
15 both such sections; provided further, however, that there shall be
16 excluded from such federal funds or other apportionments any payments
17 from such funds already deducted pursuant to this paragraph; (11) any
18 payments made for which an apportionment is disallowed pursuant to regu-
19 lations of the commissioner; (12) any expenditures made for accounting,
20 tabulation, or computer equipment, in excess of ten thousand dollars
21 unless such expenditures shall have been specifically approved by the
22 commissioner; (13) any rentals received pursuant to the provisions of
23 section four hundred three-a of this chapter; (14) any rentals or other
24 annual payments received pursuant to the provisions of section four
25 hundred three-b of this chapter; (15) any expenditures made for persons
26 twenty-one years of age or over attending employment preparation educa-
27 tion programs pursuant to subdivision twenty-four of this section; and
28 (16) [and] any tuition payments made pursuant to a contract under the
29 provisions of paragraphs e, f, g, h, i and l of subdivision two of
30 section forty-four hundred one of this chapter or any tuition payments
31 on behalf of pupils attending a state school under paragraph d of such
32 subdivision.
33 § 12. Paragraph e of subdivision 12 of section 3602 of the education
34 law, as amended by section 24 of part H of chapter 83 of the laws of
35 2002, is amended to read as follows:
36 e. Extraordinary needs aid. In addition to any other apportionment
37 pursuant to this chapter, a school district shall be eligible for an
38 apportionment for extraordinary needs equal to the product of the formu-
39 la operating aid ceiling defined in this subdivision, the extraordinary
40 needs aid ratio defined in subdivision three of this section, the
41 extraordinary needs count, the concentration factor and the extraor-
42 dinary needs factor all as defined in subdivision one of this section.
43 For aid payable in the school year [two thousand two--two thousand
44 three] two thousand three--two thousand four, any school district may
45 receive the aid computed under this paragraph in the current year or the
46 extraordinary needs aid base. Notwithstanding any other provision of
47 law to the contrary, for aid payable in the school year [two thousand
48 two--two thousand three] two thousand three--two thousand four, any
49 district receiving aid pursuant to this paragraph in excess of the
50 extraordinary needs aid base may set aside and use such excess for the
51 purpose of assisting students in achieving the new high learning stand-
52 ards and assessments in accordance with subdivision thirty-eight of this
53 section.
54 § 13. Subparagraph 1 of paragraph f of subdivision 12 of section 3602
55 of the education law, as amended by section 25 of part H of chapter 83
56 of the laws of 2002, is amended to read as follows:
S. 1406--B 156 A. 2106--B
1 (1) Calculation of set aside for attendance improvement and dropout
2 prevention. The set aside for attendance improvement and dropout
3 prevention shall be calculated based on data on file with the commis-
4 sioner as of the first day of July of the current year and shall equal
5 the product of (i) three hundred twenty-five dollars, (ii) the
6 district's base year enrollment and (iii) the remainder resulting when
7 such attendance ratio is subtracted from one; after taking into account
8 the provisions of paragraph c of subdivision eighteen of this section;
9 provided, however, that for a city school district in a city with a
10 population in excess of one million inhabitants, three hundred thirty-
11 five dollars shall be substituted for three hundred twenty-five dollars
12 and provided further that notwithstanding the amount of set aside so
13 calculated, for aid payable in the nineteen hundred ninety-six--ninety-
14 seven school year through the two thousand--two thousand one school year
15 and for the two thousand three--two thousand four school year, such set
16 aside shall equal the amount set aside in the base year and for aid
17 payable in the two thousand two--two thousand three school year, such
18 set aside shall equal the amount set aside pursuant to this paragraph in
19 the year prior to the base year; provided further that the provisions of
20 this paragraph shall apply only if the product of clauses (ii) and (iii)
21 of this subparagraph exceed four hundred sixty-one.
22 § 14. Subparagraph 6 of paragraph f of subdivision 12 of section 3602
23 of the education law, as amended by section 26 of part H of chapter 83
24 of the laws of 2002, is amended to read as follows:
25 (6) A school district which spends less in local funds during the
26 current year than in the base year for the purposes of conducting
27 programs to improve student attendance and student retention, as defined
28 by regulation of the commissioner, shall have its apportionment under
29 this section reduced in an amount equal to such deficiency in the
30 current year or the succeeding school year. In addition, a district
31 which spends any part of its total annual set aside attributable to such
32 purposes in an unauthorized manner in the base year shall have its
33 current year apportionment under this section reduced in an amount equal
34 to the amount of such unauthorized expenditures. In no event shall the
35 reductions assessed pursuant to this clause on the current year appor-
36 tionment under this section, be deducted from the set asides required
37 pursuant to this subdivision. For the [two thousand two--two thousand
38 three] two thousand three--two thousand four school year, it is further
39 provided that any city school district in a city having a population of
40 more than one million shall allocate at least one-third of any increase
41 from base year levels in funds set aside pursuant to the requirements of
42 this paragraph to community-based organizations. Any increase required
43 pursuant to this subparagraph to community-based organizations must be
44 in addition to allocations provided to community-based organizations in
45 the base year.
46 § 15. Subdivision 12-b of section 3602 of the education law, as added
47 by section 28 of part H of chapter 83 of the laws of 2002, is amended to
48 read as follows:
49 12-b. a. Notwithstanding any other section of law to the contrary, in
50 lieu of aids payable pursuant to paragraph a of subdivision twelve and
51 subdivision sixteen of this section, in the two thousand two--two thou-
52 sand three school year, each school district shall be entitled to
53 receive comprehensive operating aid equal to the sum of the amounts set
54 forth for such school district for the two thousand one--two thousand
55 two school year on the computer listing produced by the commissioner in
56 support of the executive budget request for such year and entitled
S. 1406--B 157 A. 2106--B
1 "BT032-1" under the heading "FLEX AID" less the amounts set forth for
2 such school district as "Excess Cost - Public" and "Excess Cost -
3 Private" under the heading "2000-01 Base Year Aids" in the school aid
4 computer listing produced by the commissioner of education in support of
5 the executive budget request for the two thousand one--two thousand two
6 school year and entitled "BT032-1" and the amounts payable in the two
7 thousand--two thousand one school year pursuant to paragraph e of subdi-
8 vision twelve, subdivisions six-d, [nineteen,] twenty-two, twenty-three,
9 thirty-two and thirty-eight of this section, [and section forty-four
10 hundred five of this article,] provided that for districts for which the
11 combined wealth ratio as calculated pursuant to paragraph 1 of subdivi-
12 sion one of this section is less than one, may receive the amount calcu-
13 lated herein multiplied by one hundred and one percent. Nothing in this
14 section would preclude a district from receiving extraordinary needs aid
15 calculated pursuant to paragraph e of subdivision twelve of this section
16 in the two thousand two--two thousand three school year.
17 b. Notwithstanding any other section of law to the contrary, in lieu
18 of aids payable pursuant to paragraph a of subdivision twelve and subdi-
19 visions sixteen, twenty, twenty-three, twenty-six-a and thirty-eight of
20 this section, in the two thousand three--two thousand four school year,
21 each school district shall be entitled to receive an amount equal to the
22 sum of aids paid pursuant to this subdivision, subdivisions twenty-three
23 and thirty-eight of this section and section one hundred seven of part H
24 of chapter eighty-three of the laws of two thousand two in the base year
25 less the product of such sum and the reduction factor. The reduction
26 factor shall be the sum of one hundred seventy-five ten thousandths
27 (0.0175) and the product of (1) the district's combined wealth ratio,
28 (2) eight hundred ten ten thousandths (0.0810) and (3) the positive
29 remainder when the district's percent of eligible applicants for the
30 free and reduced price lunch program is subtracted from ninety-five
31 hundredths (0.95), the reduction factor shall not be less than two
32 hundred twenty-five ten thousandths (0.0225) and not more than six
33 hundred thirty ten thousandths (0.0630). Nothing in this section would
34 preclude a district from receiving extraordinary needs aid calculated
35 pursuant to paragraph e of subdivision twelve of this section in the two
36 thousand three--two thousand four school year.
37 § 16. Paragraph d of subdivision 15 of section 3602 of the education
38 law, as amended by section 31 of part H of chapter 83 of the laws of
39 2002, is amended to read as follows:
40 d. Notwithstanding any inconsistent provisions of this article, if
41 such city school district elected to receive operating aid payable in
42 the two thousand--two thousand one school year under the provisions of
43 this subdivision, approved transportation expense for public service
44 transportation for transportation aid payable in the [two thousand two-
45 -two thousand three] two thousand three--two thousand four school year
46 shall not include any expenditures to the New York City Metropolitan
47 Transportation Authority for public service transportation during the
48 [two thousand one--two thousand two] two thousand two--two thousand
49 three school year nor shall such expense be included in approved operat-
50 ing expense.
51 § 17. Subdivision 21 of section 3602 of the education law, as added by
52 section 28 of part L of chapter 405 of the laws of 1999, subparagraph 4
53 of paragraph a as amended by section 20 of part A and paragraph c as
54 amended by section 21 of part A of chapter 60 of the laws of 2000,
55 subparagraph (iv) of paragraph c as added by section 34 of part H of
56 chapter 83 of the laws of 2002, is amended to read as follows:
S. 1406--B 158 A. 2106--B
1 21. Tax limitation aid. a. Definitions. (1) "Residential real property
2 tax levy per pupil" shall mean the quotient of the district's residen-
3 tial real property tax levy divided by the district's total aidable
4 pupil units for tax aid, as both terms are defined in subdivision
5 sixteen of this section.
6 (2) "Tax limitation aid ratio" shall mean the difference of one minus
7 the product, carried to three decimal places without rounding, obtained
8 by multiplying fifty per centum by the combined wealth ratio, but not
9 less than zero.
10 (3) "Total aidable pupil units for tax aid" for the purposes of this
11 subdivision shall be equal to total aidable pupil units for tax aid as
12 defined in subdivision sixteen of this section.
13 (4) "Tax limitation aid per pupil" shall mean the product of (i) the
14 tax limitation aid ratio and (ii) the product of [forty-one] four
15 hundred seventy-four ten thousandths and the residential real property
16 tax levy per pupil.
17 b. Tax limitation aid. For aid payable in the nineteen hundred nine-
18 ty-nine--two thousand school year and thereafter, in addition to any
19 other apportionment pursuant to this chapter, a school district with (i)
20 a pupil wealth ratio, as defined in subdivision one of this section,
21 below [two] one and one-half and (ii) a tax effort ratio, as defined in
22 subdivision sixteen of this section, greater than thirty-nine thou-
23 sandths shall be eligible for an apportionment under the provisions of
24 this subdivision. Such apportionment shall equal the product of the
25 total aidable pupil units for tax aid, as defined in subdivision sixteen
26 of this section, and the tax limitation aid per pupil.
27 c. (i) Based on data on file with the commissioner on January
28 fifteenth of the nineteen hundred ninety-nine--two thousand school year,
29 tax limitation aid shall be adjusted so that each eligible district will
30 receive the same percent of the lesser of the statewide calculated total
31 allocation or $25,000,000, as its tax limitation aid calculated pursuant
32 to paragraph b of this subdivision bears to the statewide calculated
33 total. Such prorated amounts shall be deemed final and seventy percent
34 of such prorated amount shall be payable on or before March fifteenth of
35 such school year and the remaining balance payable after April first of
36 such school year.
37 (ii) Based on data on file with the commissioner on January fifteenth
38 of the two thousand--two thousand one school year, tax limitation aid
39 shall be adjusted so that each eligible district will receive the same
40 percent of the lesser of the statewide calculated total allocation or
41 $30,200,000, as its tax limitation aid calculated pursuant to paragraph
42 b of this subdivision bears to the statewide calculated total. Such
43 prorated amounts shall be deemed final and seventy percent of such
44 prorated amount shall be payable on or before March fifteenth of such
45 school year and the remaining balance payable after April first of such
46 school year.
47 (iii) Based on data on file with the commissioner on January fifteenth
48 of the two thousand one--two thousand two school year [and thereafter],
49 tax limitation aid shall be adjusted so that each eligible district will
50 receive the same percent of the lesser of the statewide calculated total
51 allocation or $25,000,000, as its tax limitation aid calculated pursuant
52 to paragraph b of this subdivision bears to the statewide calculated
53 total. Such prorated amounts shall be deemed final and seventy percent
54 of such prorated amount shall be payable on or before March fifteenth of
55 such school year and the remaining balance payable after April first of
56 such school year.
S. 1406--B 159 A. 2106--B
1 (iv) Based on data on file with the commissioner on January fifteenth
2 of the two thousand two--two thousand three school year and the two
3 thousand four--two thousand five school year and thereafter, tax limita-
4 tion aid shall be adjusted so that each eligible district will receive
5 the same percent of the lesser of the statewide calculated total allo-
6 cation or twenty-five million dollars, as its tax limitation aid calcu-
7 lated pursuant to paragraph b of this subdivision bears to the statewide
8 calculated total. Such prorated amounts shall be deemed final and seven-
9 ty percent of such prorated amount shall be payable on or before March
10 fifteenth of such school year and the remaining balance payable after
11 April first of such school year.
12 (v) Based on data on file with the commissioner on January fifteenth
13 of the two thousand three--two thousand four school year, tax limitation
14 aid amounts shall be deemed final and seventy percent of such amount
15 shall be payable on or before March fifteenth of such school year and
16 the remaining balance payable after April first of such school year.
17 d. The commissioner is hereby authorized to promulgate regulations to
18 effectuate the purposes of this subdivision.
19 § 18. Paragraph a of subdivision 22 of section 3602 of the education
20 law, as amended by section 35 of part H of chapter 83 of the laws of
21 2002, is amended to read as follows:
22 a. In addition to any other aid payable under the provisions of this
23 section a school district shall be eligible to receive aid for conduct-
24 ing programs for pupils with limited English proficiency approved by the
25 commissioner pursuant to the provisions of this chapter and in accord-
26 ance with regulations adopted for such purpose. Such aid per pupil shall
27 be computed by multiplying [one hundred ninety-nine] two hundred thirty
28 thousandths by the result obtained when operating aid payable in the
29 current year pursuant to paragraph b or c of subdivision twelve of this
30 section is divided by the total aidable pupil units used to compute such
31 aid, provided that for aid payable in the [two thousand two--two thou-
32 sand three] two thousand three--two thousand four school year, such aid
33 per pupil shall be computed by multiplying [one hundred ninety-nine] two
34 hundred thirty thousandths by the result obtained when operating aid
35 which would have been payable in the current year pursuant to paragraph
36 b or c of subdivision twelve of this section if aid were payable pursu-
37 ant to such paragraphs in the current year is divided by the total aida-
38 ble pupil units which would have been used to compute such aid. Such aid
39 per pupil will be multiplied by the number of pupils participating in
40 such program in the base year provided by the district either directly
41 or by contract pursuant to section nineteen hundred fifty of this chap-
42 ter, computed in accordance with such regulations.
43 § 19. Paragraph e of subdivision 24 of section 3602 of the education
44 law, as added by section 24 of part A of chapter 60 of the laws of 2000,
45 is amended to read as follows:
46 e. Employment preparation education apportionment. In addition to any
47 other aid payable under this section, the apportionment pursuant to this
48 subdivision shall be the product obtained when the employment prepara-
49 tion education hours are multiplied by the aid per contact hour which
50 shall equal the product of the employment preparation program aid ceil-
51 ing and the employment preparation education aid ratio computed to two
52 decimals, rounded, as calculated based on data on file with the commis-
53 sioner on May fifteenth of the base year. Notwithstanding the provisions
54 of section thirty-six hundred nine-a of this article, the payment of
55 such apportionment shall be based upon reports required by the commis-
56 sioner for the periods ending December thirty-first, and June thirtieth
S. 1406--B 160 A. 2106--B
1 of each school year; payments for the first reporting period shall be
2 made after April first, based on claims on file by March first, provided
3 that the total of all such payments shall not exceed twenty-five percent
4 of the amount for such school year, with the approved amount of such
5 claims reduced on a pro rata basis if necessary; the remainder of any
6 payments due for the first period plus any payments due for the rest of
7 the school year shall be paid after October first, based on claims on
8 file by September fifteenth, provided that the total of such payments
9 shall not exceed the total amount of ninety-six million one hundred
10 eighty thousand dollars ($96,180,000) for such school year, with the
11 approved amount of such claims reduced on a pro rata basis if necessary,
12 provided, however, that for the nineteen hundred ninety-five--ninety-six
13 school year such total amount shall not exceed ninety-four million one
14 hundred eighty thousand dollars ($94,180,000), and provided further that
15 for the two thousand three--two thousand four school year such total
16 amount shall not exceed eighty-four million dollars ($84,000,000) and
17 further provided that the total of such payment for services provided to
18 persons who received a high school diploma or a high school equivalency
19 diploma recognized by New York state shall not exceed the total amount
20 set aside for such purpose pursuant to paragraph [one-a] a-one of this
21 subdivision in any such school year, with the approved amount of such
22 claims reduced on a pro rata basis if necessary; and aid paid pursuant
23 to this paragraph shall not be included in the computation of the
24 district expenditure need as defined in such section thirty-six hundred
25 nine-a of this article. The employment preparation education apportion-
26 ment for the city school district of the city of New York shall be
27 computed only for the city as a whole.
28 § 20. Paragraph g of subdivision 31-a of section 3602 of the education
29 law, as amended by section 37 of part H of chapter 83 of the laws of
30 2002, is amended to read as follows:
31 g. Notwithstanding any inconsistent provisions of this subdivision, in
32 a school year in which the maximum increase in the aids subject to tran-
33 sition pursuant to subdivision eighteen of this section is equal to zero
34 and for aid payable in the nineteen hundred ninety-six--ninety-seven
35 school year, the number of years on save harmless shall not increase and
36 aid payable in the current year shall equal aid payable in the base
37 year. Notwithstanding the provisions of this section or of section thir-
38 ty-four of part B of chapter one hundred forty-nine of the laws of two
39 thousand one, for aid payable during the [two thousand two--two thousand
40 three] two thousand three--two thousand four school year, aid payable
41 pursuant to this section shall equal that payable pursuant to this
42 section in the base year.
43 § 21. Paragraphs b and f of subdivision 36 of section 3602 of the
44 education law, paragraph b as amended by chapter 260 of the laws of 1993
45 and paragraph f as added by section 39 of part H of chapter 83 of the
46 laws of 2002, are amended to read as follows:
47 b. Definitions. (1) "Transfer pupil count" shall mean the public
48 school district enrollment in the current year through such program.
49 (2) "Increase in aid" shall mean the positive remainder resulting when
50 the comprehensive operating aids base is subtracted from the current
51 year aid for limiting as defined in subparagraph one of paragraph a of
52 subdivision eighteen of this section, provided, however, that for the
53 purposes of calculating an apportionment pursuant to this subdivision
54 for the two thousand three--two thousand four school year, "increase in
55 aid" shall mean the positive remainder resulting when an amount equal to
56 the districts' comprehensive operating aids base as if such comprehen-
S. 1406--B 161 A. 2106--B
1 sive operating aids base had been calculated for such year pursuant to
2 paragraph j of subdivision one of this section is subtracted from the
3 current year aid for limiting as defined in subparagraph one of para-
4 graph a of subdivision eighteen of this section.
5 (3) "Aid paid per pupil" shall mean the aid paid in the current year
6 pursuant to subdivisions twelve and eighteen of this section divided by
7 the total aidable pupil units for operating aid, computed pursuant to
8 subdivision eight of this section.
9 (4) "Formula pupil margin" shall mean the increase in aid divided by
10 aid paid per pupil.
11 (5) "Excess transfer pupils" shall mean the positive remainder result-
12 ing when the formula pupil margin is subtracted from the transfer pupil
13 count.
14 (6) "Per pupil aid differential" shall mean the positive remainder
15 resulting when the aid paid per pupil for such school district is
16 subtracted from the aid paid per pupil for the transfer pupil's district
17 of residence.
18 f. Notwithstanding any inconsistent provisions of this subdivision,
19 for aid payable in two thousand two--two thousand three [and thereaft-
20 er,] a school district eligible for an apportionment under this subdivi-
21 sion shall be eligible to receive aid pursuant to this section in an
22 amount equal to the amount that the district would have received if they
23 operated a voluntary interdistrict transfer program in the two thou-
24 sand--two thousand one school year.
25 § 22. Paragraph 1 of subdivision 37 of section 3602 of the education
26 law, as added by section 40 of part H of chapter 83 of the laws of 2002,
27 is amended to read as follows:
28 l. Notwithstanding the provisions of paragraphs c, f and g of this
29 subdivision, in the two thousand two--two thousand three and two thou-
30 sand three--two thousand four school [year] years, each school district
31 shall be eligible to receive the amount such district was eligible for
32 pursuant to this section in the two thousand--two thousand one school
33 year.
34 § 23. Subparagraph 1 of paragraph c of subdivision 38 of section 3602
35 of the education law, as amended by section 41 of part H of chapter 83
36 of the laws of 2002, is amended to read as follows:
37 (1) In addition to aid payable pursuant to paragraph b of this subdi-
38 vision, in the two thousand two--two thousand three school year
39 districts for which the combined wealth ratio computed pursuant to para-
40 graph 1 of subdivision one of this section is less than seven hundred
41 thousandths will be eligible to receive the greater of:
42 (i) the product of one hundred seventy-four dollars and eighty cents,
43 total aidable pupil units for operating aid calculated pursuant to
44 subdivision eight of this section, and
45 (ii) a tier two operating standards aid ratio[, or
46 (iii) operating standards aid payable pursuant to this section in the
47 two thousand--two thousand one school year].
48 § 24. Subdivisions 11 and 12 of section 3602-e of the education law,
49 subdivision 11 as amended by section 42 of part H of chapter 83 of the
50 laws of 2002, subdivision 12 as added by section 58 of part A of chapter
51 436 of the laws of 1997, paragraph b of subdivision 12 as amended by
52 section 43 of part H of chapter 83 of the laws of 2002, paragraph i of
53 subdivision 12 as amended by section 39 of part A of chapter 60 of the
54 laws of 2000, and paragraphs j and k as amended and paragraph l of
55 subdivision 12 as added by section 39 of part L of chapter 405 of the
56 laws of 1999, are amended to read as follows:
S. 1406--B 162 A. 2106--B
1 11. Notwithstanding the provisions of subdivision ten of this section,
2 where less in local funds is expended during the current year than in
3 the base year for prekindergarten services to eligible children, the
4 school district shall have its apportionment reduced in an amount equal
5 to such deficiency in the current year or in the succeeding school year,
6 as determined by the commissioner, except for the school years nineteen
7 hundred ninety-nine--two thousand through [two thousand two--two thou-
8 sand three] two thousand three--two thousand four, such reduction shall
9 not apply to school districts which have fully implemented a universal
10 pre-kindergarten program by serving all eligible children in the nine-
11 teen hundred ninety-eight--ninety-nine school year. Expenses incurred by
12 the school district in implementing a pre-kindergarten program plan
13 pursuant to this subdivision shall be deemed ordinary contingent
14 expenses.
15 12. The board of regents and the commissioner shall be authorized to
16 adopt regulations to implement the provisions of this section. In devel-
17 oping such regulations, the board of regents and the commissioner shall
18 consider and seek to coordinate any regulations which may currently be
19 applicable to any existing programs or eligible agencies. In addition,
20 the regents when developing regulations shall consider and recognize the
21 diversity of settings and models available for the delivery of prekin-
22 dergarten programs. Such regulations shall include but not be limited
23 to:
24 a. qualifications for the staff of a prekindergarten program;
25 b. transitional guidelines and rules which allow a program to meet the
26 required staff qualifications by the start of school year [two thousand
27 three--two thousand four] two thousand four--two thousand five;
28 c. transitional guidelines and rules which allow a prekindergarten
29 program to meet any other requirements set forth pursuant to this
30 section and regulations adopted by the board of regents and the commis-
31 sioner;
32 d. health and safety standards;
33 e. time requirements which reflect the needs of the individual school
34 districts for flexibility, but meeting a minimum weekly time require-
35 ment;
36 f. the staff/child ratio;
37 g. reasonable grounds and basis for the non-acceptance of a proposal
38 submitted to the school district when the proposal otherwise meets, to
39 the extent applicable, all the regulations of the commissioner and the
40 requirements set forth in this subdivision, as well as subdivisions
41 seven and eight of this section;
42 h. any other program components, such as health, nutrition or support
43 services, which the regents deem appropriate and necessary for the
44 appropriate and effective implementation of a prekindergarten program;
45 i. commencing July first, nineteen hundred ninety-nine, and continuing
46 until June thirtieth, two thousand two, a requirement that the district
47 give preference to serving eligible children who are economically disad-
48 vantaged, as defined by the commissioner;
49 j. a process by which a school district must submit an application;
50 k. a definition of the approved expenditures for which grant funds may
51 be used, which shall include but not be limited to transportation
52 services and lease expense or other appropriate facilities expenses; and
53 l. a process for the waiver of the time requirements established
54 pursuant to this subdivision in order to authorize the operation of a
55 summer universal prekindergarten program limited to the months of July
56 and August, upon a finding by the commissioner that the school district
S. 1406--B 163 A. 2106--B
1 is unable to operate the program during the regular school session
2 because of a lack of available space pursuant to regulations of the
3 commissioner. Notwithstanding any other provision of this section to the
4 contrary, such process shall provide for a reduction of the aid per
5 prekindergarten pupil payable for pupils served pursuant to such waiver
6 by one one-hundred eightieth of the aid per prekindergarten pupil deter-
7 mined pursuant to paragraph a of subdivision ten of this section for
8 each day less than one hundred eighty days that the summer program is in
9 session.
10 § 25. Subdivision 17 of section 3602-e of the education law, as added
11 by section 44 of part H of chapter 83 of the laws of 2002, is amended to
12 read as follows:
13 17. Notwithstanding the provisions of this section, for aid payable in
14 the two thousand two--two thousand three and two thousand three--two
15 thousand four school [year] years, each school district shall be eligi-
16 ble to receive a grant award in an amount not to exceed the maximum
17 prekindergarten grant award which shall be the sum of (i) the amount set
18 forth for such school district for the two thousand one--two thousand
19 two school year on the computer listing produced by the commissioner in
20 support of the executive budget request for such year and entitled
21 "BT032-1" under the heading, "PREKINDERGARTEN", plus (ii) for those
22 districts that were eligible to receive a supplemental grant award for
23 the purposes of this section pursuant to part B of chapter 149 of the
24 laws of 2001, an amount equal to the positive difference between the
25 amount the school district was eligible to receive based on data on file
26 with the commissioner on February fifteenth, two thousand and the amount
27 set forth for the purposes of grants pursuant to this section for such
28 school district for the two thousand one--two thousand two school year
29 in such computer listing entitled "BT032-1". Provided, however, that a
30 school district receiving aid under this section shall be required to
31 comply with all district plans and other requirements under this section
32 for the receipt of funds.
33 § 26. The opening paragraph of section 3609-a of the education law, as
34 amended by section 47 of part H of chapter 83 of the laws of 2002, is
35 amended to read as follows:
36 For aid payable in the nineteen hundred ninety-six--ninety-seven
37 school year and thereafter, "moneys apportioned" shall mean the lesser
38 of (i) the sum of one hundred percent of the respective amount set forth
39 for each school district as payable pursuant to this section in the
40 school aid computer listing for the current year produced by the commis-
41 sioner in support of the budget which includes the appropriation for the
42 general support for public schools for the prescribed payments and indi-
43 vidualized payments due prior to April first for the current year plus
44 any increase in the amount of the apportionment of aid for instructional
45 computer technology expenses above such amount as set forth in such
46 school aid computer listing as payable pursuant to this section and as
47 computed pursuant to subdivision twenty-six-a of section thirty-six
48 hundred two of this article and plus the miscellaneous general aid
49 apportionments which shall include: apportionments payable during the
50 current school year pursuant to paragraph g of subdivision two, subdivi-
51 sion five and subdivision thirty-six of section thirty-six hundred two
52 of this article minus any reductions to current year aids pursuant to
53 subdivision seven of section thirty-six hundred four of this article or
54 any deduction from apportionment payable pursuant to this chapter for
55 collection of a school district basic contribution as defined in subdi-
56 vision eight of section forty-four hundred one of this chapter, less any
S. 1406--B 164 A. 2106--B
1 grants provided pursuant to subdivision twelve of section thirty-six
2 hundred forty-one of this article, or (ii) the apportionment calculated
3 by the commissioner based on data on file at the time the payment is
4 processed provided however, that for the purposes of any payments made
5 pursuant to this section prior to the first business day of June of the
6 current year, moneys apportioned shall not include any aids payable
7 pursuant to subdivisions six and fourteen, if applicable, of section
8 thirty-six hundred two of this article as current year aid for debt
9 service on bond anticipation notes and/or bonds first issued in the
10 current year or any aids payable as growth aid for the current year
11 pursuant to subdivision thirteen of section thirty-six hundred two of
12 this article or any aids payable for full-day kindergarten for the
13 current year pursuant to subdivision twelve-a of section thirty-six
14 hundred two of this article. The definitions of "base year" and "current
15 year" as set forth in subdivision one of section thirty-six hundred two
16 of this article shall apply to this section. For aid payable in the [two
17 thousand two--two thousand three] two thousand three--two thousand four
18 school year, reference to such "school aid computer listing for the
19 current year" shall mean the printouts entitled ["SA0203"] "SA0304".
20 § 27. Subdivision 6 of section 3622-a of the education law, as added
21 by section 47 of part A of chapter 60 of the laws of 2000, is amended to
22 read as follows:
23 6. Transportation of pupils to and from approved summer school
24 programs operated by a school district in the two thousand--two thousand
25 one school year and thereafter, provided, however, that any expenses for
26 which aid is received pursuant to subdivision thirty-nine of section
27 thirty-six hundred two of this article shall be excluded from the compu-
28 tation of allowable transportation expense, and provided further that if
29 the total statewide apportionment attributable to allowable transporta-
30 tion expenses incurred pursuant to this subdivision exceeds five million
31 dollars ($5,000,000), individual school district allocations shall be
32 prorated to ensure that the apportionment for such summer transportation
33 does not exceed five million dollars ($5,000,000), provided that such
34 prorated apportionment computed and payable as of September one of the
35 school year immediately following the school year for which such aid is
36 claimed shall be deemed final and not subject to change.
37 § 28. Paragraph a of subdivision 5 of section 3641 of the education
38 law, as amended by section 51 of part H of chapter 83 of the laws of
39 2002, is amended to read as follows:
40 a. In addition to apportionments otherwise provided by section thir-
41 ty-six hundred two of this article, for aid payable in the school year
42 [two thousand two--two thousand three] two thousand three--two thousand
43 four, the amounts specified in paragraph b of this subdivision shall be
44 paid for the purposes of the development, maintenance or expansion of
45 magnet schools and magnet school programs provided, however that any
46 school district in a city of one million or more inhabitants which an
47 additional apportionment is provided in the [two thousand two--two thou-
48 sand three] two thousand three--two thousand four school year which
49 spends less in local funds during the current year than in the base year
50 for magnet schools or magnet school programs shall have its apportion-
51 ment reduced in an amount equal to such deficiency in the current year
52 or in the succeeding school year. It is provided further that no appor-
53 tionment provided pursuant to this section shall be used for any costs
54 associated with the administration of this program by the board of
55 education of the city of New York.
S. 1406--B 165 A. 2106--B
1 § 29. Paragraph a of subdivision 6 of section 3641 of the education
2 law, as amended by section 52 of part H of chapter 83 of the laws of
3 2002, is amended to read as follows:
4 a. In addition to apportionments otherwise provided by section thir-
5 ty-six hundred two of this article, for aid payable in the [two thousand
6 two--two thousand three] two thousand three--two thousand four school
7 year the amounts specified in paragraph b of this subdivision shall be
8 paid for the purpose of improving reading and academic performance.
9 § 30. Paragraph a of subdivision 7 of section 3641 of the education
10 law, as amended by section 53 of part H of chapter 83 of the laws of
11 2002, is amended to read as follows:
12 a. In addition to apportionments otherwise provided by section thir-
13 ty-six hundred two of this article, for aid payable in the [two thousand
14 two--two thousand three] two thousand three--two thousand four school
15 year the amounts specified in paragraph b of this subdivision shall be
16 paid for programs for improving pupil performance pursuant to regu-
17 lations of the commissioner.
18 § 31. Subparagraph 1 of paragraph b of subdivision 12 of section 3641
19 of the education law, as added by section 55 of part H of chapter 83 of
20 the laws of 2002, is amended to read as follows:
21 (1) For aid payable in the two thousand three--two thousand four
22 school year, the commissioner shall, within the amounts appropriated for
23 such purpose, provide grants to school districts in the amount of any
24 excess of [such school district's approved expenditures for capital
25 outlays incurred in the two thousand one--two thousand two school year,
26 as computed pursuant to subdivision six of section thirty-six hundred
27 two of this article and paragraph a of this subdivision] the product of
28 the amount of such school district's approved expenditures incurred in
29 the two thousand one--two thousand two school year for capital outlays
30 for school building purposes determined pursuant to subdivision six of
31 section thirty-six hundred two of this article from its general fund,
32 capital fund or from a reserve fund, multiplied by the sum of the aid
33 ratio selected for use in the two thousand two--two thousand three
34 school year for such expenditures pursuant to the provisions of para-
35 graph c of subdivision six of section thirty-six hundred two of this
36 article, plus the incentive decimal, if any, calculated for the two
37 thousand two--two thousand three school year pursuant to subparagraph
38 two of paragraph b of such subdivision six, provided that the amount of
39 reimbursement attributable to approved expenditures for capital outlays
40 for joint facilities shall be determined pursuant to subparagraph four
41 of paragraph a of this subdivision, based on data on file on the first
42 business day of September, two thousand three, over the amount reim-
43 bursed as capital outlay transition grants pursuant to the provisions of
44 paragraph a of this subdivision.
45 § 32. Subparagraph 2 of paragraph b of subdivision 12 of section 3641
46 of the education law, as added by section 55 of part H of chapter 83 of
47 the laws of 2002, is amended to read as follows:
48 (2) A school district which was eligible for a grant pursuant to para-
49 graph a of this subdivision and [incurred approved expenditures for
50 capital outlays in the two thousand one--two thousand two school year]
51 where the product of the amount of such school district's approved
52 expenditures incurred in the two thousand one--two thousand two school
53 year for capital outlays for school building purposes determined pursu-
54 ant to subdivision six of section thirty-six hundred two of this article
55 from its general fund, capital fund or from a reserve fund, multiplied
56 by the sum of the aid ratio selected for use in the two thousand two--
S. 1406--B 166 A. 2106--B
1 two thousand three school year for such expenditures pursuant to the
2 provisions of paragraph c of subdivision six of section thirty-six
3 hundred two of this article, plus the incentive decimal, if any, calcu-
4 lated for the two thousand two--two thousand three school year pursuant
5 to subparagraph two of paragraph b of such subdivision six, provided
6 that the amount of reimbursement attributable to approved expenditures
7 for capital outlays for joint facilities shall be determined pursuant to
8 subparagraph four of paragraph a of this subdivision, is in excess of
9 the amount it received under paragraph a of this subdivision shall be
10 eligible to apply for a grant pursuant to this subdivision in lieu of an
11 apportionment of aid for such approved expenditures pursuant to subdivi-
12 sion six of section thirty-six hundred two of this article. Application
13 for such grant shall be made on or before the first business day of
14 September, two thousand three in such form as the commissioner shall
15 determine, and shall include documentation of actual approved expendi-
16 tures for capital outlays incurred in the two thousand one--two thousand
17 two school year.
18 § 33. Subdivision 6 of section 4402 of the education law, as amended
19 by section 55-a of part H of chapter 83 of the laws of 2002, is amended
20 to read as follows:
21 6. Notwithstanding any other law, rule or regulation to the contrary,
22 the board of education of a city school district with a population of
23 one hundred twenty-five thousand or more inhabitants shall be permitted
24 to establish maximum class sizes for special classes for certain
25 students with disabilities in accordance with the provisions of this
26 subdivision. For the purpose of obtaining relief from any adverse fiscal
27 impact from under-utilization of special education resources due to low
28 student attendance in special education classes at the middle and
29 secondary level as determined by the commissioner, such boards of educa-
30 tion shall, during the school years nineteen hundred ninety-five--nine-
31 ty-six through June thirtieth, two thousand [three] four of the [two
32 thousand two--two thousand three] two thousand three--two thousand four
33 school year, be authorized to increase class sizes in special classes
34 containing students with disabilities whose age ranges are equivalent to
35 those of students in middle and secondary schools as defined by the
36 commissioner for purposes of this section by up to but not to exceed one
37 and two tenths times the applicable maximum class size specified in
38 regulations of the commissioner rounded up to the nearest whole number,
39 provided that in a city school district having a population of one
40 million or more, classes that have a maximum class size of fifteen may
41 be increased by no more than one student and provided that the projected
42 average class size shall not exceed the maximum specified in the appli-
43 cable regulation, provided that such authorization shall terminate on
44 June thirtieth, two thousand. Such authorization shall be granted upon
45 filing of a notice by such a board of education with the commissioner
46 stating the board's intention to increase such class sizes and a certif-
47 ication that the board will conduct a study of attendance problems at
48 the secondary level and will implement a corrective action plan to
49 increase the rate of attendance of students in such classes to at least
50 the rate for students attending regular education classes in secondary
51 schools of the district. Such corrective action plan shall be submitted
52 for approval by the commissioner by a date during the school year in
53 which such board increases class sizes as provided pursuant to this
54 subdivision to be prescribed by the commissioner. Upon at least thirty
55 days notice to the board of education, after conclusion of the school
56 year in which such board increases class sizes as provided pursuant to
S. 1406--B 167 A. 2106--B
1 this subdivision, the commissioner shall be authorized to terminate such
2 authorization upon a finding that the board has failed to develop or
3 implement an approved corrective action plan.
4 § 34. Subdivision 3 of section 4408 of the education law, as amended
5 by section 56 of part H of chapter 83 of the laws of 2002, is amended to
6 read as follows:
7 3. Payment schedule. For aid payable in the [two thousand two--two
8 thousand three] two thousand three--two thousand four school year,
9 moneys appropriated annually to the department from the general fund -
10 local assistance account under the elementary, middle and secondary
11 education program for July and August programs for students with disa-
12 bilities, shall be used as follows: (i) for remaining base year and
13 prior school years obligations, (ii) for the purposes of subdivision
14 four of this section for schools operated under articles eighty-seven
15 and eighty-eight of this chapter, and (iii) notwithstanding any incon-
16 sistent provisions of this chapter, for payments made pursuant to this
17 section for current school year obligations, provided, however, that
18 such payments shall not exceed seventy percent of the state aid due for
19 the sum of the approved tuition and maintenance rates and transportation
20 expense provided for herein; provided, however, that payment of eligible
21 claims shall be payable in the order that such claims have been approved
22 for payment by the commissioner, but in no case shall a single payee
23 draw down more than forty-five percent of the appropriation provided for
24 the purposes of this section, and provided further that no claim shall
25 be set aside for insufficiency of funds to make a complete payment, but
26 shall be eligible for a partial payment in one year and shall retain its
27 priority date status for appropriations provided for this section in
28 future years.
29 § 35. Paragraph a of section 57.00 of the local finance law, as
30 amended by chapter 528 of the laws of 2002 and the opening paragraph as
31 separately amended by chapter 125 of the laws of 2002, is amended to
32 read as follows:
33 a. Bonds shall be sold only at public sale and in accordance with the
34 procedure set forth in this section and sections 58.00 and 59.00 of this
35 title, except as otherwise provided in this paragraph. Bonds may be sold
36 at private sale to the United States government or any agency or instru-
37 mentality thereof, the state of New York municipal bond bank agency, to
38 any sinking fund or pension fund of the municipality, school district or
39 district corporation selling such bonds, or, in the case of sales by the
40 city of New York prior to July first, two thousand three, also to the
41 municipal assistance corporation for the city of New York or to any
42 other purchaser with the consent of the mayor and the comptroller of
43 such city and approval of the state comptroller, or, in the case of
44 sales by the county of Nassau prior to December thirty-first, two thou-
45 sand five, also to the Nassau county interim finance authority with the
46 approval of the state comptroller, or, in the case of bonds or other
47 obligations of a municipality issued for the construction of any sewage
48 treatment works, sewage collecting system, storm water collecting
49 system, water management facility, air pollution control facility or
50 solid waste disposal facility, also to the New York state environmental
51 facilities corporation, or, in the case of bonds or other obligations of
52 a school district or a city acting on behalf of a city school district
53 in a city having a population in excess of one hundred twenty-five thou-
54 sand but less than one million inhabitants according to the latest
55 federal census, issued to finance or refinance the cost of school
56 district capital facilities or school district capital equipment, as
S. 1406--B 168 A. 2106--B
1 defined in section sixteen hundred seventy-six of the public authorities
2 law, also to the dormitory authority of the state of New York. Bonds of
3 a river improvement or drainage district established by or under the
4 supervision of the department of environmental conservation may be sold
5 at private sale to the State of New York as investments for any funds of
6 the state which by law may be invested, provided, however, that the rate
7 of interest on any such bonds so sold shall be approved by the water
8 power and control commission and the state comptroller. Bonds may also
9 be sold at private sale as provided in section 63.00 of this title. No
10 bonds shall be sold on option or on a deferred payment plan, except that
11 options to purchase, effective for a period not exceeding one year, may
12 be given:
13 1. in any case to the state of New York municipal bond bank agency
14 with respect to any bonds or bond anticipation notes; and
15 2. in the case of a municipality to the New York state environmental
16 facilities corporation with respect to bonds or other obligations issued
17 for the construction of any sewage treatment works, sewage collecting
18 system, storm water collecting system, water management facility, air
19 pollution control facility or solid waste disposal facility, or, in the
20 case of bonds or other obligations of a school district or a city acting
21 on behalf of a city school district in a city having a population in
22 excess of one hundred twenty-five thousand but less than one million
23 inhabitants according to the latest federal census, issued to finance or
24 refinance the cost of school district capital facilities or school
25 district capital equipment, as defined in section sixteen hundred seven-
26 ty-six of the public authorities law, also to the dormitory authority of
27 the state of New York. A loan commitment may also be entered into by
28 and between a municipality, and the state of New York municipal bond
29 bank agency, by and between a school district or a city acting on behalf
30 of a city school district in a city having a population in excess of one
31 hundred twenty-five thousand but less than one million inhabitants
32 according to the latest federal census and the dormitory authority of
33 the state of New York, and by and between a municipality and the New
34 York state environmental facilities corporation, such commitment to be
35 fulfilled by the purchase of the bonds or other obligations referred to
36 therein by such agency or such corporation, as the case may be. As used
37 in this paragraph, the term "sinking fund" means a fund required by law
38 to be established and maintained for the purpose of amortizing indebt-
39 edness evidenced by sinking fund bonds issued pursuant to the provisions
40 of this chapter or issued by any municipality, school district or
41 district corporation under any other law.
42 § 36. Subdivision 39 of section 1680 of the public authorities law, as
43 amended by section 62 of part H of chapter 83 of the laws of 2002, is
44 amended to read as follows:
45 39. The dormitory authority shall not issue its obligations for a
46 school district pursuant to subdivision thirty-eight of this section to
47 refund or refinance all or any portion of any outstanding indebtedness
48 of such school district except: (i) to refund dormitory authority obli-
49 gations previously issued for such school district; or (ii) to refund or
50 refinance all or any portion of any outstanding indebtedness issued by a
51 school district prior to December first, two thousand one, or prior to
52 thirty days after the effective date of this subdivision, whichever is
53 later, for the purpose of financing facilities which were eligible for
54 building aid pursuant to section thirty-six hundred two of the education
55 law and for which the approved expenditures for debt service payable in
56 any year are subsequently reduced; or (iii) to refund or refinance all
S. 1406--B 169 A. 2106--B
1 or any portion of any outstanding indebtedness issued by a school
2 district prior to December first, two thousand one or prior to thirty
3 days after the effective date of this subdivision whichever is later
4 provided that present value of the total payments to become due to the
5 authority from the school district on account of principal and interest
6 are less than the present value of the principal and interest payments
7 to become due on the bonds to be refunded with such present value
8 savings to be computed as provided in subparagraph (a) of subdivision
9 two of paragraph b of section 90.10 of the local finance law; or (iv) to
10 refinance all or any portion of any bond anticipation notes of a school
11 district issued to finance a school construction project which was
12 approved by the commissioner of education on or after the first day of
13 December two thousand one or for which the first bond anticipation note
14 is issued on or after such date. In the event that the dormitory author-
15 ity issues its obligations on behalf of a school district as provided in
16 this subdivision: (i) no lease, sublease or other agreement entered into
17 by the school district pursuant to this subdivision shall, notwithstand-
18 ing any other provision of law to the contrary, be subject to the
19 approval of voters of the school district and (ii) the proceeds of any
20 refunding bonds issued by the authority, including any interest earnings
21 thereon, shall be held in trust under the terms of an escrow agreement
22 for the benefit of the holders of such refunded obligations in an amount
23 sufficient to provide for the payment of the principal, redemption price
24 and interest due on the refunded obligations of the school district to
25 their stated maturities or, if such bonds are to be called, to the call
26 date.
27 § 37. Section 2435-d of the public authorities law, as added by
28 section 69 of part H of chapter 83 of the laws of 2002, is amended to
29 read as follows:
30 § 2435-d. Special school purpose agreements. In order to fulfill the
31 purposes of this title and to provide a means by which the special
32 school purpose municipalities may receive assistance to meet their obli-
33 gations and, notwithstanding any general or special law to the contrary,
34 the agency and each special school purpose municipality are hereby
35 authorized to enter into one or more special school purpose agreements
36 in accordance with the provisions of this title as to financing of costs
37 by the agency, the application of school aid revenues to the agency to
38 secure its bonds and further assurances in respect of the agency's
39 receipt of such revenues. Any such special school purpose agreements
40 shall not constitute indebtedness of the special school purpose munici-
41 pality for purposes of section 20.00 of the local finance law or any
42 constitutional or statutory limitation. In addition, any special school
43 purpose bonds issued in connection with such special school purpose
44 agreement shall not constitute a debt of the state or of the applicable
45 special school purpose municipality under any constitutional or statuto-
46 ry provision. Any such school aid revenues shall belong to the agency,
47 shall not be, or be treated as, revenues of the special school purpose
48 municipality for appropriation, accounting or any other purpose,
49 provided, however, that such school aid revenues shall be deemed to be
50 revenues of the special school purpose municipality for the purpose of
51 any computation of federal or state aid, and shall not be consolidated,
52 commingled or otherwise combined with any other moneys of the agency and
53 any such special school purpose agreement shall include a statement to
54 such effect. Any such school aid revenues and any such special school
55 purpose agreements may be pledged by the agency in accordance with and
56 with the effect of subdivision ten of section two thousand four hundred
S. 1406--B 170 A. 2106--B
1 thirty-seven of this title to secure its bonds and may not be modified
2 thereafter except as provided by the terms of the pledge. Each special
3 school purpose agreement shall specify the amount to be made available
4 to the respective special school purpose municipality through the
5 proceeds of an issue of special school purpose bonds and such other
6 matters as the agency shall determine necessary or desirable as to the
7 application of bond proceeds or the security of the bonds. Such special
8 school purpose agreement shall also provide that the agency shall not be
9 entitled to receive any special school purpose school aid revenues. The
10 receipt of the proceeds of any issue of special school purpose bonds by
11 the special school purpose municipality shall be deemed to satisfy an
12 equivalent amount of prior year claims owed to the school district of
13 such special school purpose municipality pursuant to section thirty-six
14 hundred four of the education law, and such proceeds provided pursuant
15 to this section shall not reduce the apportionments payable for approved
16 project costs pursuant to subdivisions six, six-a and six-b and para-
17 graph c of subdivision fourteen of section thirty-six hundred two and
18 subdivision twelve of section thirty-six hundred forty-one of the educa-
19 tion law and may be used by an eligible school district to fund the
20 principal amount of any costs that are in excess of the costs approved
21 for an apportionment pursuant to such subdivisions six, six-a or six-b
22 of section thirty-six hundred two or subdivision twelve of section thir-
23 ty-six hundred forty-one of the education law.
24 § 38. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
25 of 1995, amending the education law and certain other laws relating to
26 state aid to school districts and the appropriation of funds for the
27 support of government, as amended by section 79-a of part H of chapter
28 83 of the laws of 2002, are amended to read as follows:
29 (22) sections one hundred twelve, one hundred thirteen, one hundred
30 fourteen, one hundred fifteen and one hundred sixteen of this act shall
31 take effect on July 1, 1995; provided, however, that section one hundred
32 thirteen of this act shall remain in full force and effect until July 1,
33 [2003] 2004 at which time it shall be deemed repealed;
34 (24) sections one hundred eighteen through one hundred thirty of this
35 act shall be deemed to have been in full force and effect on and after
36 July 1, 1995; provided further, however, that the amendments made pursu-
37 ant to section one hundred nineteen of this act shall be deemed to be
38 repealed on and after July 1, [2003] 2004;
39 § 39. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
40 relating to certain provisions related to the 1994-95 state operations,
41 aid to localities, capital projects and debt service budgets, as amended
42 by section 83 of part H of chapter 83 of the laws of 2002, is amended to
43 read as follows:
44 1. Sections one through seventy of this act shall be deemed to have
45 been in full force and effect as of April 1, 1994 provided, however,
46 that sections one, two, twenty-four, twenty-five and twenty-seven
47 through seventy of this act shall expire and be deemed repealed on March
48 31, 2000; provided, however, that section twenty of this act shall apply
49 only to hearings commenced prior to September 1, 1994, and provided
50 further that section twenty-six of this act shall expire and be deemed
51 repealed on March 31, 1997; and provided further that sections four
52 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
53 twenty-one-a of this act shall expire and be deemed repealed on March
54 31, 1997; and provided further that sections three, fifteen, seventeen,
55 twenty, twenty-two and twenty-three of this act shall expire and be
56 deemed repealed on March 31, [2004] 2005.
S. 1406--B 171 A. 2106--B
1 § 40. Subdivision b of section 2 of chapter 756 of the laws of 1992,
2 relating to funding a program for work force education conducted by the
3 consortium for worker education in New York city, as amended by section
4 84 of part H of chapter 83 of the laws of 2002, is amended to read as
5 follows:
6 b. Reimbursement for programs approved in accordance with subdivision
7 a of this section for the 1992-93 school year shall not exceed 61.4
8 percent of the lesser of such approvable costs per contact hour or five
9 dollars and sixty cents per contact hour, reimbursement for the 1993-94
10 school year shall not exceed 65.1 percent of the lesser of such approva-
11 ble costs per contact hour or five dollars and fifty cents per contact
12 hour, reimbursement for the 1994-95 school year shall not exceed 58
13 percent of the lesser of such approvable costs per contact hour or five
14 dollars and seventy-five cents per contact hour, reimbursement for the
15 1995-96 school year shall not exceed 61.2 percent of the lesser of such
16 approvable costs per contact hour or five dollars and eighty cents per
17 contact hour, reimbursement for the 1996-97 school year shall not exceed
18 61.7 percent of the lesser of such approvable costs per contact hour or
19 five dollars and ninety cents per contact hour, reimbursement for the
20 1997-98 school year shall not exceed 63.2 percent of the lesser of such
21 approvable costs per contact hour or six dollars and ten cents per
22 contact hour, reimbursement for the 1998-99 school year shall not exceed
23 64.4 percent of the lesser of such approvable costs per contact hour or
24 six dollars and five cents per contact hour, reimbursement for the
25 1999-2000 school year shall not exceed 64.4 percent of the lesser of
26 such approvable costs per contact hour or six dollars and twenty-five
27 cents per contact hour, reimbursement for the 2000-2001 school year
28 shall not exceed 65.1 percent of the lesser of such approvable costs per
29 contact hour or six dollars and sixty cents per contact hour [and],
30 reimbursement for the 2001-02 school year shall not exceed 64.5 percent
31 of the lesser of such approvable costs per contact hour or six dollars
32 and ninety cents per contact hour [and], reimbursement for the 2002-03
33 school year shall not exceed 64.4 percent of the lesser of such approva-
34 ble costs per contact hour or seven dollars and forty cents per contact
35 hour and reimbursement for the 2003-04 school year shall not exceed 64.0
36 percent of the lesser of such approvable costs per contact hour or seven
37 dollars and sixty-five cents per contact hour where a contact hour
38 represents sixty minutes of instruction services provided to an eligible
39 adult. Notwithstanding any other provision of law to the contrary, for
40 the 1992-1993 school year the apportionment calculated for the city
41 school district of the city of New York pursuant to subdivision 24 of
42 section 3602 of the education law shall be computed as if such contact
43 hours provided by the consortium for worker education, not to exceed six
44 hundred thousand hours (600,000), were eligible for aid in accordance
45 with the provisions of such subdivision 24 of section 3602 of the educa-
46 tion law, whereas, for the 1993-94 school year such contact hours shall
47 not exceed five hundred seventy-six thousand one hundred eighty-seven
48 hours (576,187); whereas, for the 1994-95 school year such contact hours
49 shall not exceed six hundred nineteen thousand five hundred thirty-one
50 hours (619,531); whereas, for the 1995-96 school year such contact hours
51 shall not exceed five hundred eighty-one thousand one hundred thirty-
52 eight hours (581,138); whereas, for the 1996-97 school year such contact
53 hours shall not exceed one million ninety-eight thousand nine hundred
54 one hours (1,098,901); whereas, for the 1997-98 school year such contact
55 hours shall not exceed one million five hundred fifty-eight thousand
56 four hundred forty-one (1,558,441) hours; whereas, for the 1998-99
S. 1406--B 172 A. 2106--B
1 school year such contact hours shall not exceed one million nine hundred
2 twenty-eight thousand twenty (1,928,020) hours; whereas, for the
3 1999-2000 school year such contact hours shall not exceed one million
4 nine hundred ninety thousand forty-nine (1,990,049) hours; whereas, for
5 the 2000-2001 school year such contact hours shall not exceed one
6 million nine hundred eighty-one thousand three hundred fifty-one
7 (1,981,351) hours; whereas, for the 2001-02 school year such contact
8 hours shall not exceed two million two hundred forty-seven thousand one
9 hundred ninety-one (2,247,191) hours; whereas, for the 2002-03 school
10 year such contact hours shall not exceed two million one hundred thou-
11 sand eight hundred forty (2,100,840) hours; whereas for the 2003-04
12 school year such contact hours shall not exceed one million eight
13 hundred forty thousand four hundred ninety (1,840,490) hours.
14 § 41. Section 4 of chapter 756 of the laws of 1992, relating to fund-
15 ing a program for work force education conducted by the consortium for
16 worker education in New York city, is amended by adding a new subdivi-
17 sion i to read as follows:
18 i. The provisions of this subdivision shall not apply after the
19 completion of payments for the 2003-2004 school year. Notwithstanding
20 any inconsistent provisions of law, the commissioner of education shall
21 withhold a portion of employment preparation education aid due to the
22 city school district of the city of New York to support a portion of the
23 costs of the work force education program. Such moneys shall be credited
24 to the elementary and secondary education fund-local assistance account
25 and shall not exceed nine million dollars ($9,000,000).
26 § 42. Section 3 of chapter 756 of the laws of 1992, relating to fund-
27 ing a program for work force education conducted by the consortium for
28 worker education in New York city, is amended to read as follows:
29 § 3. Payment schedule. Upon approval of a program application and
30 budget, submitted in such forms as the commissioner of education shall
31 prescribe, the commissioner shall provide for the advance of twenty-five
32 percent of the program year level as established herein. On or after the
33 first day of October, based on a claim establishing the extent of the
34 approved expenditures for the provision of [not less than one hundred
35 twenty thousand contact hours of] approved services, the commissioner
36 shall provide for the payment of up to an additional twenty percent of
37 the program year level of funding. On or after the first day of January,
38 based on a claim establishing the extent of the cumulative approved
39 expenditures for the program year for the provision of [not less than
40 two hundred forty thousand contact hours of] approved services, the
41 commissioner shall provide for the payment of up to an additional twenty
42 percent of the program year level of funding. On or after the first day
43 of April, based on a claim establishing the extent of the cumulative
44 approved expenditures for the program year for the provision of [not
45 less than three hundred sixty thousand contact hours of] approved
46 services, to the extent that such funds are appropriated therefore, the
47 commissioner shall provide for the payment of up to an additional twenty
48 percent of the program year level of funding. On or after the first day
49 of July, upon receipt and approval of a final expenditure and program
50 report, the commissioner shall provide for the payment of any additional
51 funds due and owing within the amount established for the program year,
52 and to the extent of the funds appropriated therefore.
53 § 43. Section 6 of chapter 756 of the laws of 1992, relating to fund-
54 ing a program for work force education conducted by the consortium for
55 worker education in New York city, as amended by section 85 of part H of
56 chapter 83 of the laws of 2002, is amended to read as follows:
S. 1406--B 173 A. 2106--B
1 § 6. This act shall take effect July 1, 1992, and shall be deemed
2 repealed on June 30, [2003] 2004.
3 § 44. School bus driver training. In addition to apportionments other-
4 wise provided by section 3602 of the education law, for aid payable in
5 the 2003-2004 school year, the commissioner of education shall allocate
6 school bus driver training grants to school districts and boards of
7 cooperative education services pursuant to sections 3650-a, 3650-b and
8 3650-c of the education law, or for contracts directly with not-for-pro-
9 fit educational organizations for the purposes of this section. Such
10 payments shall not exceed four hundred thousand dollars ($400,000).
11 § 45. Fort Drum school district grants. In addition to apportionments
12 otherwise provided by section 3602 of the education law, for aid payable
13 in the 2003-2004 school year, school districts which received an appor-
14 tionment in the base year for operating expenses on account of an
15 increase in student enrollment in prior years as a result of the expan-
16 sion of Fort Drum, shall be eligible for a share of two million six
17 hundred twenty-five thousand dollars ($2,625,000) in the same proportion
18 as each school district's share was of the Fort Drum school district
19 grants distributed in the base year for the operating expenses of such
20 school districts.
21 § 46. Notwithstanding any provisions of law to the contrary, the allo-
22 cation of aid to public libraries for 2003-04 shall continue to fund all
23 recipients at the levels they were funded in the 2002-03 state fiscal
24 year.
25 § 47. Learning technology grants. In addition to apportionments other-
26 wise provided by section 3602 of the education law, for aid payable in
27 the school year 2003-2004, the commissioner of education may approve
28 school district and board of cooperative educational services applica-
29 tions for funding of approved learning technology programs, including
30 services benefiting nonpublic school students, pursuant to regulations
31 promulgated by the commissioner of education and approved by the direc-
32 tor of the budget, provided, however, that the sum of such grants
33 awarded shall not exceed three million two hundred eighty-five thousand
34 dollars ($3,285,000). Notwithstanding section 3609-a of the education
35 law, the commissioner of education is authorized to pay from the general
36 support for public schools appropriations, up to seventy percent of such
37 sum, for such purposes, prior to April first of the school year for
38 which such moneys are available, with the remainder payable on or after
39 such date.
40 § 48. Notwithstanding any other provisions of law to the contrary, of
41 the moneys appropriated to the state education department in a chapter
42 of the laws of 2003, enacting the education, labor and family assistance
43 budget under the elementary, middle, and secondary education program,
44 general fund account for general support for public schools for the
45 2003-2004 school year for programs for homeless children and youth shall
46 include (a) expenditures for the transportation of homeless children
47 pursuant to paragraph b of subdivision 4 of section 3209 of the educa-
48 tion law, up to the amount of the approved costs of the most cost-effec-
49 tive mode of transportation, in accordance with a plan prepared by the
50 commissioner of education as approved by the director of the budget and
51 (b) the sum of thirty thousand dollars ($30,000) to the credit of the
52 state purposes account of the state education department to carry out
53 the purposes of this section relating to reimbursement of division for
54 youth shelters transporting such pupils.
55 § 49. Notwithstanding any inconsistent provision of law, any amount
56 received by the state in the 2003-2004 state fiscal year as the state
S. 1406--B 174 A. 2106--B
1 share of federal financial participation under medicaid for school age
2 and preschool special education programs and services that is in excess
3 of one hundred seventy million dollars ($170,000,000) may be made avail-
4 able, subject to the appropriation of such excess, in the same propor-
5 tion as such funds attributable respectively to preschool and school age
6 programs and services bear to such two hundred sixteen million dollars,
7 for payment of prior year claims for preschool services under section
8 4410 of the education law and the payment of prior year adjustments of
9 state aid claims for school age students.
10 § 50. Special apportionment for salary expenses. a. Notwithstanding
11 any other provision of law, upon application to the commissioner of
12 education, not sooner than June 13, 2004 and not later than June 23,
13 2004, a school district eligible for an apportionment pursuant to
14 section 3602 of the education law shall be eligible to receive an appor-
15 tionment pursuant to this section, for the school year ending June 30,
16 2004, for salary expenses incurred between April 1 and June 30, 2004,
17 and such apportionment shall not exceed the deficit reduction assessment
18 of 1990-91 as determined by the commissioner of education, pursuant to
19 paragraph f of subdivision 1 of section 3602 of the education law, as in
20 effect through June 30, 1993, plus one hundred eighty-six percent of
21 such amount for a city school district in a city with a population in
22 excess of one million inhabitants, and shall not exceed such salary
23 expenses. Such application shall be made by a school district, after the
24 board of education or trustees have adopted a resolution to do so and in
25 the case of a city school district in a city with a population in excess
26 of one hundred twenty-five thousand inhabitants, with the approval of
27 the mayor of such city.
28 b. The claim for an apportionment to be paid to a school district
29 pursuant to subdivision a of this section shall be submitted to the
30 commissioner of education on a form prescribed for such purpose, and
31 shall be payable upon determination by such commissioner that the form
32 has been submitted as prescribed. Such approved amounts shall be payable
33 on the same day on or before September, 2004, as funds provided pursuant
34 to subparagraph 3 of paragraph b of subdivision 4 of section 92-c of the
35 state finance law, on the audit and warrant of the state comptroller on
36 vouchers certified or approved by the commissioner of education in the
37 manner prescribed by law from moneys in the state lottery fund and from
38 the general fund to the extend that the amount paid to a school district
39 due such school district pursuant to subparagraph 2 of paragraph a of
40 subdivision 1 of section 3609-a of the education law in the 2004-05
41 school year.
42 c. Notwithstanding the provisions of section 3609-a of the education
43 law, an amount equal to the amount paid to a school district pursuant to
44 subdivisions a and b of this section shall first be deducted from the
45 following payments due the school district during the 2004-05 school
46 year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
47 vision 1 of section 3609-a of the education law in the following order:
48 the lottery apportionment payable pursuant to subparagraph 2 of such
49 paragraph followed by the fixed fall payments payable pursuant to
50 subparagraph 4 of such paragraph and then followed by the districts
51 payments to the teachers' retirement system pursuant to subparagraph 1
52 of such paragraph, and any remainder to be deducted from the individual-
53 ized payments due the district pursuant to paragraph b of such subdivi-
54 sion shall be deducted on a chronological basis starting with the earli-
55 est payment due the district.
S. 1406--B 175 A. 2106--B
1 § 51. Bilingual education grants. In addition to apportionments other-
2 wise provided by section 3602 of the education law, for aid payable in
3 the 2003-2004 school year, the commissioner of education may approve
4 school district and board of cooperative educational services and
5 college or university applications for funding of approved bilingual
6 education programs, provided, however, that the sum of such grants
7 awarded shall not exceed eleven million two hundred thousand dollars
8 ($11,200,000).
9 § 52. Grants for teacher support. In addition to apportionments other-
10 wise provided by section 3602 of the education law, of the funds appro-
11 priated for the general support for public schools for the 2003-2004
12 school year, including but not limited to appropriations for teacher
13 support, payments shall be made as follows: to the city school district
14 of the city of New York, sixty-two million seven hundred seven thousand
15 dollars ($62,707,000); to the Buffalo city school district, one million
16 seven hundred forty-one thousand dollars ($1,741,000); to the Rochester
17 city school district, one million seventy-six thousand dollars
18 ($1,076,000); to the Yonkers city school district, one million one
19 hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse
20 city school district, eight hundred nine thousand dollars ($809,000).
21 All funds made available to a school district pursuant to this section
22 shall be distributed among teachers including prekindergarten teachers
23 and teachers of adult vocational and academic subjects in accordance
24 with this section and shall be in addition to salaries heretofore or
25 hereafter negotiated or made available; provided, however, that all
26 funds distributed pursuant to this section for the current year shall be
27 deemed to incorporate all funds distributed pursuant to former subdivi-
28 sion 27 of section 3602 of the education law for prior years. In school
29 districts where the teachers are represented by certified or recognized
30 employee organizations, all salary increases funded pursuant to this
31 section shall be determined by separate collective negotiations
32 conducted pursuant to the provisions and procedures of article 14 of the
33 civil service law, notwithstanding the existence of a negotiated agree-
34 ment between a school district and a certified or recognized employee
35 organization.
36 § 53. Teachers of tomorrow. Notwithstanding the provisions of para-
37 graph b of subdivision 2 of section 3612 of the education law, grants
38 awarded to school districts pursuant to such section shall be paid from
39 moneys apportioned from appropriations in support of general support for
40 public schools and shall be limited to a school year program of twenty
41 million dollars ($20,000,000) for the 2003-2004 school year.
42 § 54. Teacher mentor intern program. In addition to appropriations
43 otherwise provided for the teacher mentor intern program, for aid paya-
44 ble in the 2003-04 school year, the commissioner of education may
45 approve applications for funding of approved programs from additional
46 general support for public schools, provided, however, that the sum of
47 such additional grants awarded shall not exceed two million eight
48 hundred thirty-one thousand dollars ($2,831,000), for a total 2003-2004
49 school year program of four million dollars ($4,000,000).
50 § 55. Teacher resources and computer training centers program. In
51 addition to appropriations otherwise provided for the teacher resources
52 and computer training centers program, including but not limited to an
53 appropriation for the services and expenses of a $1,000,000 program, for
54 aid payable in the 2003-04 school year, the commissioner of education
55 may approve applications for funding of approved programs from addi-
56 tional general support for public schools and from other funds made
S. 1406--B 176 A. 2106--B
1 available for such purpose, provided, however that up to six million
2 dollars from such other funds shall be considered general support for
3 public schools and shall be transferred to the general support for
4 public schools account upon certification by the director of the budget,
5 and provided, further, that the sum of such additional grants awarded
6 shall not exceed twenty million dollars ($20,000,000).
7 § 56. Expenditures of the state education department. Notwithstanding
8 any other law, rule or regulation to the contrary, 2003-2004 state
9 fiscal year state operations appropriations made from the general fund
10 and/or special revenue, other funds to the state education department
11 shall be available for the payment of prior years' liabilities in such
12 fund or funds for fringe benefits, indirect costs, telecommunications
13 expenses and expenses for other centralized services. Payments for
14 prior years' liabilities in such fund or funds for expenses other than
15 those indicated above may not exceed a total of one million five hundred
16 thousand dollars ($1,500,000).
17 § 57. a. Notwithstanding any other law, rule or regulation to the
18 contrary, any moneys appropriated to the state education department may
19 be suballocated to other state departments or agencies, as needed, to
20 accomplish the intent of the specific appropriations contained therein.
21 b. Notwithstanding any other law, rule or regulation to the contrary,
22 moneys appropriated to the state education department from the general
23 fund/aid to localities, local assistance account-001, shall be for
24 payment of financial assistance, as scheduled, net of disallowances,
25 refunds, reimbursement and credits.
26 c. Notwithstanding any other law, rule or regulation to the contrary,
27 all moneys appropriated to the state education department for aid to
28 localities shall be available for payment of aid heretofore or hereafter
29 to accrue and may be suballocated to other departments and agencies to
30 accomplish the intent of the specific appropriations contained therein.
31 d. Notwithstanding any other law, rule or regulation to the contrary,
32 moneys appropriated to the state education department for general
33 support for public schools may be interchanged with any other item of
34 appropriation for general support for public schools within the general
35 fund local assistance account elementary, middle, secondary and continu-
36 ing education program.
37 § 58. Notwithstanding any provision of law to the contrary, funds
38 shall be made available within amounts appropriated for general support
39 for public schools for payment of up to $90,000,000 for prior year state
40 aid claims and/or fiscal stabilization grants for the 2003-04 school
41 year subject to an allocation plan developed by the state education
42 department and approved by the director of the budget; provided further
43 that up to $62,000,000 shall be made available to any city school
44 district in a city having a population of 1,000,000 or more inhabitants
45 and provided further that any remaining funds allocated for payment of
46 prior year claims shall be used to pay claims in the order that each
47 claim has been approved by the commissioner of education, but in no case
48 shall any claim draw down more than 40 percent of the total payment
49 level so designated for prior year claims for the 2003-04 school year;
50 provided further that no more than 55 percent of such 2003-04 school
51 year amount for fiscal stabilization grants and/or prior year claims
52 shall be payable prior to April 1 of the school year; provided further
53 that no claim shall be set aside for insufficiency of funds to make a
54 complete payment.
55 § 59. Monies appropriated in section 1 of a chapter of the laws of
56 2003 which enacts the education, labor and family assistance budget to
S. 1406--B 177 A. 2106--B
1 the education department under the vocational and educational services
2 for individuals with disabilities program from the special revenue
3 funds-federal/aid to localities federal department of education fund-276
4 for education of individuals with disabilities and retained for adminis-
5 tration and other state-level activities pursuant to section 300.602 of
6 title 34 of the United States code shall be available, to the extent
7 permitted by federal law:
8 (a) for services and expenses of early childhood direction centers in
9 an amount not to exceed $873,000;
10 (b) for payment in the amount of $2,000,000 to schools providing
11 special services or programs as defined in paragraphs e, g, i, and 1 of
12 subdivision 2 of section 4401 of the education law to help prevent
13 excessive instructional staff turnover through a targeted adjustment of
14 compensation for teachers providing direct instructional services to
15 students at such schools. The commissioner of education shall develop an
16 allocation plan subject to the approval of the director of the budget
17 that distributes funds appropriated herein among eligible schools. Such
18 plan shall include consideration of the rate of instructional staff
19 turnover at eligible schools and the teacher salaries at such eligible
20 schools as compared to salaries provided for similarly qualified teach-
21 ers in public schools in the region in which such eligible school is
22 located;
23 (c) for payment in a total amount not to exceed $25,000,000 for the
24 following:
25 (i) payment of not more than the amount of $9,554,100 for the approved
26 administrative costs of boards of education pursuant to subparagraph (i)
27 of paragraph d of subdivision 10 of section 4410 of the education law to
28 be allocated pursuant to such subparagraph plus 59.5 percent of the
29 amount of such costs in excess of $9,554,100;
30 (ii) for the amount of allowable and approved administrative costs of
31 municipalities pursuant to subparagraph (iii) of paragraph d of subdivi-
32 sion 10 of section 4410 of the education law;
33 (iii) for 59.5 percent of the approved costs incurred by boards of
34 education pursuant to subdivision 7 of section 4410 of the education
35 law, provided that there shall be no remaining state liability after
36 application of federal funds for any of the costs specified in this
37 paragraph or paragraph (i) or (ii) of this subdivision; and
38 (d) services and expenses of other programs and activities approved by
39 the education department.
40 § 60. Notwithstanding any inconsistent provision of law, of the
41 amounts appropriated in section 1 of a chapter of the laws of 2003 which
42 enacts the education, labor and family assistance budget to the office
43 of temporary and disability assistance from the special revenue fund-
44 federal/ aid to localities, federal health and human services fund - 265
45 for the temporary and disability assistance program, subject to the
46 approval of the director of the budget, up to $50,000,000 shall be
47 transferred or suballocated by the office of temporary and disability
48 assistance to the education department for reimbursement of eligible
49 prekindergarten expenses, not inconsistent with federal law, regulation,
50 or policy advice, for at-risk children as defined by the commissioner of
51 the office of temporary and disability assistance. Such amount shall be
52 used by the commissioner of education, pursuant to a memorandum of
53 agreement with the commissioner of the office of temporary and disabili-
54 ty assistance to provide state reimbursement to school districts which
55 otherwise would have been reimbursed for pre-kindergarten programs oper-
56 ating pursuant to section 3602-e of the education law through the educa-
S. 1406--B 178 A. 2106--B
1 tion department's general support for public schools for aid payable in
2 the 2003-04 school year, or through such department's general fund-aid
3 to localities appropriation for experimental pre-kindergarten services.
4 Such memorandum of agreement shall provide for cash flow procedures
5 relating to payment of pre-kindergarten claims, require data reporting
6 by the commissioner of education and the commissioner of the office of
7 temporary and disability assistance to responsible state or federal
8 officials in the event of audit, and provide for at least semi-annual
9 reporting by the commissioner of education to the commissioner of the
10 office of temporary and disability assistance on the number of children
11 participating in pre-kindergarten services in each school district and
12 on the amount expended on their behalf. Notwithstanding any inconsistent
13 provision of law, upon their occurrence, disbursements against such
14 transferred or suballocated amount shall immediately reduce the amounts
15 appropriated in the education department for such programs by an equiv-
16 alent amount, and the portion of such appropriation so affected shall
17 have no further force or effect.
18 § 61. This act shall take effect immediately; provided, however, that:
19 (a) section one of this act shall be deemed to have been in full force
20 and effect on and after the effective date of chapter 217 of the laws of
21 2001 as amended by chapter 231 of the laws of 2002;
22 (b) sections two, five, six, nine-a, ten, twelve through fourteen,
23 sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
24 twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty,
25 thirty-four, forty-one, fifty-three, fifty-four, fifty-six and fifty-
26 eight of this act shall take effect July 1, 2003;
27 (c) sections twenty-seven, forty-six, forty-nine, fifty-six and
28 fifty-nine of this act shall be deemed to have been in full force and
29 effect on and after April 1, 2003;
30 (d) sections seven, eight, nine, eleven, twenty-three, thirty-one and
31 thirty-two of this act shall be deemed to have been in full force and
32 effect on and after July 1, 2002;
33 (e) section fifteen of this act shall be deemed to have been in full
34 force and effect on and after the effective date of section 28 of part H
35 of chapter 83 of the laws of 2002;
36 (f) section fifty-seven of this act shall be deemed to have been in
37 full force and effect on and after April 1, 2003 and shall be deemed
38 repealed on March 31, 2005;
39 (g) section thirty-nine of this act shall be deemed to have been in
40 full force and effect on and after the effective date of section 101 of
41 part A of chapter 436 of the laws of 1997;
42 (h) section forty-three of this act shall be deemed to have been in
43 full force and effect on and after the effective date of section 85 of
44 part H of chapter 83 of the laws of 2002;
45 (i) section thirty-eight of this act shall be deemed to have been in
46 full force and effect on and after the effective date of section 140 of
47 chapter 82 of the laws of 1995; and
48 (j) that the amendments to clause (c) of subparagraph (i) of paragraph
49 y of subdivision 1 of section 3602 and subdivision 6 of section 4402 of
50 the education law made by sections six and thirty-three of this act
51 shall not affect the repeal of such provisions and shall be deemed
52 repealed therewith.
53 PART B2
S. 1406--B 179 A. 2106--B
1 Section 1. Subdivision 1 of section 665 of the education law, as
2 amended by section 1 of part A of chapter 83 of the laws of 2002, is
3 amended to read as follows:
4 1. Semester payment. The annual award to each recipient shall be paid
5 in separate installments on a prorated basis, for each semester, quar-
6 ter, or other term of attendance during the academic year. For an
7 approved two-year program of study conducted on a clock hour basis at a
8 registered private business school, the award shall be paid in install-
9 ments by payment term as such period is defined by the rules of the
10 board. The board shall take into consideration in promulgating such
11 rules an appropriate proration of the regular program of study provided
12 during an academic year and the periods at which student progress and
13 academic standing are evaluated. In no event shall there be less than
14 two, nor more than four, payment terms in an academic year, including
15 when such year contains a semester, quarter or other term of accelerated
16 study, provided however, that up to thirty percent of payments [for
17 payment terms made for the enrollment period beginning on or after Janu-
18 ary first] may be paid in the following academic year but no later than
19 August first.
20 § 2. This act shall take effect immediately.
21 PART C2
22 Section 1. Subdivision 3 of section 333 of the real property law, as
23 amended by chapter 259 of the laws of 2002, is amended to read as
24 follows:
25 3. The recording officer of every county and the city of New York
26 shall impose a fee of [twenty-five] fifty dollars for every [sales] real
27 property transfer reporting form submitted for recording as required
28 under subdivision one-e of this section. The recording officer shall
29 [return eighty-eight percent of the revenue collected] remit forty-one
30 dollars from such fee to the state office of real property services
31 every month[. All revenue collected and returned to the state office of
32 real property services shall be deposited] for deposit in the improve-
33 ment of real property tax administration account established pursuant to
34 section ninety-seven-ll of the state finance law. The remainder of the
35 revenue collected shall be retained by the county or by the city of New
36 York.
37 § 2. Section 97-11 of the state finance law, as added by chapter 166
38 of the laws of 1991, subdivisions 2 and 3 as amended by chapter 385 of
39 the laws of 1994, is amended to read as follows:
40 § 97-ll. Improvement of real property tax administration account. 1.
41 There is hereby established in the joint custody of the state comp-
42 troller and the commissioner of taxation and finance [a] an improvement
43 of real property tax administration account within the miscellaneous
44 special revenue fund.
45 2. All revenue received by the state office of real property services
46 from the state share of a [real property sales] recording fee pertaining
47 to the transfer of real property shall be deposited to the credit of the
48 improvement of real property tax administration account.
49 3. Moneys within the improvement of real property tax administration
50 account, upon appropriation by the legislature, shall be available to
51 the state office of real property services for all services and expenses
52 of the state office which relate to activities including, but not limit-
53 ed to, preparation and certification of state equalization rates, the
54 administration of state technical and financial assistance to local
S. 1406--B 180 A. 2106--B
1 governments, review and certification of adjusted base proportions for
2 special assessing units and approved assessing units pursuant to arti-
3 cles eighteen and nineteen of the real property tax law, the determi-
4 nation of class equalization rates for portions within special assessing
5 units and approved assessing units pursuant to article twelve of the
6 real property tax law, continuance of the market value survey cycle,
7 maintenance of effort in the production of agricultural lands value
8 assessments, advisory appraisals, and assessor training and certif-
9 ication.
10 § 3. This act shall take effect immediately.
11 PART D2
12 Section 1. Section 2 of chapter 540 of the laws of 1992, amending the
13 real property tax law relating to oil and gas charges, as amended by
14 chapter 17 of the laws of 2000, is amended to read as follows:
15 § 2. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 1992; provided,
17 however that any charges imposed by section 593 of the real property tax
18 law as added by section one of this act shall first be due for values
19 for assessment rolls with tentative completion dates after July 1, 1992,
20 and provided further, that this act shall remain in full force and
21 effect until March 31, [2003] 2006 at which time section 593 of the real
22 property tax law as added by section one of this act shall be repealed.
23 § 2. This act shall take effect immediately and shall be deemed to
24 have been in full force and effect on and after March 31, 2003.
25 PART E2
26 Section 1. There is hereby established a special task force to report
27 on funding options for the New York state occupational safety and health
28 hazard abatement board. Such task force shall investigate the feasibil-
29 ity of creating a system of formula funding for programs under the board
30 that would provide for annual adjustments or indexing for such programs
31 including the occupational health clinic network. The task force shall
32 report on grants and activities supported through the board including
33 grants for occupational safety and health projects and activities of the
34 clinics. The report shall include an examination of the availability of
35 monies generated from the surtax on the medical (non-indemnity) portion
36 of workers' compensation premiums, the penalty fund administered by the
37 workers' compensation board and other sources. The report shall also
38 include recommendations on a funding formula or index, use of annual
39 adjustments or indexing, and revenue sources as well as any other recom-
40 mendations that the task force may deem appropriate. The task force
41 shall report to the governor and legislature by December 31, 2003.
42 The task force shall include eleven members as follows:
43 a. The commissioner of labor;
44 b. The chairman of the workers' compensation board;
45 c. Three members appointed by the governor including:
46 i. two representatives of organized labor upon recommendation of the
47 New York state American Federation of Labor-Congress of Industrial
48 Organizations;
49 ii one representative of the business community appointed upon the
50 recommendation of the business council of New York state, inc;
51 d. Three members to be appointed by the temporary president of the
52 senate; and
S. 1406--B 181 A. 2106--B
1 e. Three members to be appointed by the speaker of the assembly.
2 § 2. This act shall take effect immediately and shall be expire and
3 deemed repealed on and after March 31, 2004.
4 PART F2
5 Section 1. Article 19-C of the executive law is REPEALED.
6 § 2. The social services law is amended by adding a new article 10-C
7 to read as follows:
8 ARTICLE 10-C
9 STATE COUNCIL ON CHILDREN AND FAMILIES
10 Section 483. Council on children and families; chair.
11 483-a. Utilization of other agency assistance.
12 483-b. Powers and duties of council.
13 483-c. Coordinated children's services for children with
14 emotional and/or behavioral disorders.
15 § 483. Council on children and families; chair. 1. There shall be a
16 council on children and families established within the office of chil-
17 dren and family services consisting of the following members: the state
18 commissioner of children and family services, the commissioner of tempo-
19 rary and disability assistance, the commissioner of mental health, the
20 commissioner of mental retardation and developmental disabilities, the
21 commissioner of the office of alcoholism and substance abuse services,
22 the commissioner of education, the state director of probation and
23 correctional alternatives, the commissioner of health, the commissioner
24 of the division of criminal justice services, the state advocate for
25 persons with disabilities, the director of the office for the aging, the
26 commissioner of labor, and the chair of the commission on quality of
27 care for the mentally disabled. The governor shall designate the chair
28 of the council and the chief executive officer (CEO).
29 2. The chair of the council in consultation with the commissioner of
30 the office of children and family services, shall designate staff from
31 the office of children and family services to work full time in carrying
32 out the functions of the council.
33 3. The council may conduct its meetings and, by and through the chair,
34 perform its powers and duties notwithstanding the absence of a quorum;
35 provided, however that no action may be taken by the council without the
36 concurrence of the chair.
37 § 483-a. Utilization of other agency assistance. To effectuate the
38 purposes of this article, any department, division, board, bureau,
39 commission or agency of the state or of any political subdivision there-
40 of shall, at the request of the chair, provide to the council such
41 facilities, assistance and data as will enable the council properly to
42 carry out its powers and duties and those of the chair.
43 § 483-b. Powers and duties of council. 1. As used in this section, the
44 terms "care", "services", "programs", and "services programs" shall mean
45 and include care, maintenance, services and programs provided to chil-
46 dren of the state and their families by or under the jurisdiction of a
47 member agency. The term "member agency" shall mean an agency headed by a
48 member of the council.
49 2. The council shall have the following powers:
50 (a) to identify problems and deficiencies in residential care and
51 community-based services programs and, on a selective basis, to plan and
52 make recommendations to the governor for the remedy of such problems and
S. 1406--B 182 A. 2106--B
1 deficiencies and for the development of programs of care and services
2 for children and their families;
3 (b) to make recommendations to improve coordination of program and
4 fiscal resources of state-local, public-voluntary care and services to
5 children and their families;
6 (c) to coordinate program and management research of member agencies
7 for the purpose of monitoring, evaluating or redirecting existing care
8 and services programs or developing new programs, and to conduct, spon-
9 sor, or direct member agencies to undertake such research or other
10 activities;
11 (d) to review and resolve differences, if any, concerning rules and
12 regulations of each member agency insofar as such rules and regulations
13 impact on services programs provided by other member agencies;
14 (e) to promulgate, amend and rescind rules and regulations relating to
15 the administration and performance of the powers and duties of the coun-
16 cil pursuant to this article;
17 (f) to review significant state and locally operated and supported
18 care and services, plans and proposals for new services for children and
19 families to determine whether such services are planned, created and
20 delivered in a coordinated, effective and comprehensive manner;
21 (g) to perform all other things necessary and convenient to carry out
22 the functions, powers and duties of the council and to effectuate the
23 purposes of this article; and
24 (h) to accept and expend any grants, awards, or other funds or appro-
25 priations as may be available to the council to effectuate the purposes
26 of this article, subject to the approval of the director of the budget.
27 3. The council shall review the budget requests of member agencies
28 insofar as such budgets jointly affect services programs for children
29 and their families and shall make comments and recommendations thereon
30 to the relevant member agencies and the governor.
31 4. (a) The council shall meet on a regular basis to implement the
32 purposes of this article and to discuss and resolve disputes, including
33 but not limited to disputes between member agencies, relating to their
34 functions, powers and duties over the provision of services to partic-
35 ular children and their families or to categories of children or child
36 and family problems when all the internal statutory and administrative
37 grievance or appeal procedures applicable to a member agency have failed
38 to finally resolve such dispute. The council shall direct each member
39 agency to establish and maintain such grievance or appeal procedures.
40 (b) The council shall direct member agencies to provide an evaluation,
41 including a diagnostic study, of a particular child and his or her fami-
42 ly when there is a dispute as to the appropriate agency or program in
43 which the child should be placed or from which the child and his or her
44 family should receive services, and, following such study, the council
45 shall order placement of a child with a member agency, or with a social
46 services official, or order a member agency to provide or require the
47 provision of services to the child and his or her family in a manner
48 consistent with the legal authority of the member agency or social
49 services official, as applicable.
50 (c) The council shall direct member agencies to take appropriate
51 direct action or to exercise their supervisory powers over local offi-
52 cials and agencies, in the resolution of such disputes.
53 (d) The duty of the council to resolve disputes involving particular
54 children may be performed on a selective basis within the discretion of
55 the council. Exercise of jurisdiction over such disputes by the council
56 or appeals to the council therefor shall not be required as a condition
S. 1406--B 183 A. 2106--B
1 precedent to the initiation of a proceeding pursuant to article seven-
2 ty-eight of the civil practice law and rules.
3 (e) A dispute relative to which member agency shall have the responsi-
4 bility for determining and recommending adult services pursuant to
5 sections 7.37 and 13.37 of the mental hygiene law, section three hundred
6 ninety-eight-c of the social services law, or subdivision ten of section
7 forty-four hundred three of the education law shall be resolved in
8 accordance with this subdivision.
9 5. (a) Notwithstanding any other provision of state law to the contra-
10 ry, the council may request any member agency to submit to the council
11 and such member agency shall submit, to the extent permitted by federal
12 law, all information in the form and manner and at such times as the
13 council may require that it is appropriate to the purposes and operation
14 of the council.
15 (b) The council shall protect the confidentiality of individual iden-
16 tifying information submitted to or provided by the council, and prevent
17 access thereto, by, or the distribution thereof to, persons not author-
18 ized by law.
19 § 483-c. Coordinated children's services for children with emotional
20 and/or behavioral disorders. 1. Purpose. The purpose of this section
21 shall be to establish a coordinated system of care for children with
22 emotional and behavioral disorders, and their families, who require
23 assistance from multiple agency systems to appropriately maintain such
24 children with their families, in their communities and in their local
25 school systems. Such system of care shall provide for the effective
26 collaboration among state and local health, mental hygiene, education,
27 juvenile justice, probation of care and other human services agencies
28 directed at improving outcomes for children with emotional and/or behav-
29 ioral disorders and their families leading to full participation in
30 their communities and schools. This shall include children with co-oc-
31 curring disorders. The absence of coordinated care often results in
32 inappropriate and costly institutional placements and limited communi-
33 ty-based services that support maintaining the child in the community.
34 Establishing the coordinated children's services initiative statewide is
35 intended to improve the manner in which services of multiple systems are
36 delivered and to eliminate barriers to a coordinated system of care.
37 2. Definitions. As used in this section:
38 (a) "Child with an emotional and/or behavioral disorder" shall mean a
39 person under eighteen years of age, or a person under twenty-one years
40 of age who has not completed secondary school, who has a mental illness,
41 as defined in subdivision twenty of section 1.03 of the mental hygiene
42 law, or is classified as a student with a disability pursuant to article
43 eighty-nine of the education law or section 504 of the federal rehabili-
44 tation act, or is considered to have a serious emotional or behavioral
45 problem, as considered by a tier I and/or tier II team representative
46 pursuant to this section. Such term shall include children with co-oc-
47 curring disorders.
48 (b) "Individualized family support plan" shall mean a plan developed
49 in conjunction with the family through a strength-based child and family
50 assessment containing a summary of the strengths, needs and goals of a
51 child with an emotional and/or behavioral disorder, and the services and
52 supports agreed to by the child, family and the tier I team represen-
53 tatives.
54 (c) "Family" shall mean, when appropriate, a child with an emotional
55 and/or behavioral disorder, his or her parents or those in parental
56 relationship to the child, blood relatives and extended family, includ-
S. 1406--B 184 A. 2106--B
1 ing non-relatives identified by the child and/or parents. Nothing in
2 this section shall be construed to deny the child, his or her parents or
3 those persons in parental relationship to the child of any rights they
4 are otherwise entitled to by law.
5 (d) "County" shall mean a county, except in the case of a county that
6 is wholly included within a city, such term shall mean such city.
7 (e) "Family support representative" shall mean a volunteer who is also
8 a parent or primary caregiver of a child with an emotional and/or behav-
9 ioral disorder. The family support representative shall assist families
10 throughout the process of developing and implementing an individualized
11 family support plan as defined in this section.
12 3. Interagency structure. (a) There shall be established a three
13 tiered interagency structure, as follows:
14 (i) State tier III team. There is hereby established a state team
15 designated as the "tier III team", which shall consist of the chair of
16 the council, the commissioners of children and family services, mental
17 health, health, education, alcohol and substance abuse services, and
18 mental retardation and developmental disabilities, and the director of
19 probation and correctional alternatives, or their designated represen-
20 tatives, and representatives of families of children with emotional
21 and/or behavioral disorders. Other representatives may be added at the
22 discretion of such team.
23 (ii) County tier II team. A county, or consortium of counties, choos-
24 ing to participate in the coordinated children's services initiative
25 shall establish an interagency team consisting of, but not limited to,
26 the local commissioners or leadership assigned by the chief elected
27 official responsible for the local health, mental hygiene, juvenile
28 justice, probation and other human services systems. The education
29 system shall be represented by the district superintendent of the board
30 of cooperative educational services, or his or her designee, and in the
31 case of the city of New York, by the chancellor of the city school
32 district of the city of New York, or his or her designee, and appropri-
33 ate local school district representatives as determined by the district
34 superintendent of the board of cooperative educational services or such
35 chancellor. Such team shall be sensitive to issues of cultural compe-
36 tence, and shall include representatives of families of children with an
37 emotional and/or behavioral disorder. Regional state agency represen-
38 tatives may participate when requested by such team.
39 (iii) Family-based tier I team. Tier II teams, in cooperation with a
40 child with an emotional and/or behavioral disorder and his or her fami-
41 ly, shall establish interagency teams to work with such child and family
42 to develop an individualized, strength-based family support plan and
43 coordinate interagency services agreed to in such plan. Such teams shall
44 include such child and family and, based on the needs of the child and
45 family, should also include a family support representative, represen-
46 tatives from the mental hygiene, education, juvenile justice, probation,
47 health, and other county child and family services systems.
48 (b) Roles and responsibilities of teams. (i) The state tier III team
49 shall coordinate statewide implementation of the coordinated children's
50 services initiative. Such team shall:
51 (A) coordinate planning across the health, mental hygiene, education,
52 juvenile justice, probation and human services systems;
53 (B) address barriers to the effective delivery of local interagency
54 services;
S. 1406--B 185 A. 2106--B
1 (C) coordinate the provision of technical assistance and training for
2 the effective implementation of the coordinated children's services
3 initiative;
4 (D) develop an appropriate reporting mechanism to track the outcomes
5 being achieved. Such mechanism shall be developed in concert with
6 participating counties; and
7 (E) report results and recommendations for change to the governor,
8 legislature and state board of regents, as appropriate.
9 (ii) The tier II teams shall coordinate the coordinated children's
10 services initiative at the local level. Such team shall:
11 (A) coordinate cross-systems training and provide linkages to other
12 county and school district planning for children;
13 (B) address local/regional barriers to the coordination of services;
14 (C) report on state level barriers to the effective delivery of coor-
15 dinated services and recommended changes to the state tier III team;
16 (D) report on outcomes using the mechanism developed by the state tier
17 III team;
18 (E) implement the goals and principles of the coordinated children's
19 services initiative; and
20 (F) make monies available consistent with subdivision five of this
21 section.
22 (iii) Each tier I team shall work collaboratively with the family to
23 develop an individualized family support plan that is:
24 (A) family-focused and family driven;
25 (B) built on child and family strengths; and
26 (C) comprehensive, including appropriate services and supports from
27 appropriate systems and natural supports from the community.
28 4. Goals and principles of operation. (a) Goals. The coordinated chil-
29 dren's services initiative shall enable children with emotional and/or
30 behavioral disorders, whenever appropriate for the child and family to:
31 (i) reside with their families;
32 (ii) live and participate successfully in their communities;
33 (iii) attend and be successful in their local school systems; and
34 (iv) grow towards becoming independent, contributing members of the
35 community.
36 (b) Principles of operation. The tier III and II teams shall provide a
37 system for serving children with emotional and/or behavioral disorders
38 that is:
39 (i) community-based, allowing children and families to receive
40 services close to their home;
41 (ii) culturally competent;
42 (iii) individualized and strengths-based in approach;
43 (iv) family friendly, involving the family as full and active partners
44 at every level of decision making, including policy development, plan-
45 ning, treatment and service delivery;
46 (v) comprehensive, involving all appropriate parties, including but
47 not limited to the family, child, natural supports, provider agencies
48 and other necessary community services;
49 (vi) funded through multiple systems with flexible funding mechanisms
50 that support creative approaches;
51 (vii) unconditionally committed to the success of each child; and
52 (viii) accountable with respect to use of agreed on and measured
53 outcomes.
54 5. Funding. Counties and school districts, including boards of cooper-
55 ative educational services as requested by component school districts,
S. 1406--B 186 A. 2106--B
1 choosing to participate in the coordinated children's services initi-
2 ative, unless expressly prohibited by law, shall have the authority to:
3 (a) combine state and federal resources of the participating county
4 and educational agencies to provide services to groups or individual
5 children and their families necessary to maintain children with
6 emotional and/or behavioral disorders in their homes, communities and
7 schools, and support families in achieving this goal, as long as the use
8 of the funds is consistent with the purposes for which they were appro-
9 priated; and
10 (b) apply flexibility in use of funds, pursuant to an individualized
11 family-support plan, or for collaborative programs, an agreement among
12 the county, city and school districts or the board of cooperative educa-
13 tional services, monies combined pursuant to paragraph (a) of this
14 subdivision may be used to allow flexibility in determining and applying
15 interventions that will address the unique needs of the family. The tier
16 III team shall develop guidelines for the flexible use of funds in
17 implementing an individualized family support plan.
18 6. Administration and reports. The council shall be responsible for
19 the administration of the provisions of this section.
20 (a) The tier III team shall submit a report to the council detailing
21 the effectiveness in reaching the goals and objectives of the program
22 established by this section. Such report shall include recommendations,
23 based on the experience gained pursuant to the provisions of this arti-
24 cle, for modifying statewide policies, regulations or statutes. The
25 council shall forward such report to the governor, the legislature and
26 the state board of regents on or before the first day of July of each
27 year, including the recommendations of the tier III members regarding
28 the feasibility and implications of implementing the recommendations.
29 (b) The tier III team shall have authority to receive funds and work
30 within agency structures, as agreed to by member agencies, to administer
31 funds for the purposes of carrying out its responsibilities.
32 (c) Parents and representatives of families, who are not compensated
33 for attendance as part of their employment, shall be compensated for
34 their tier III team participation and reimbursed for actual expenses,
35 including, but not limited to, child care.
36 7. Confidentiality. (a) Notwithstanding any other provision of state
37 law to the contrary, tier I, II and III team participants in the coordi-
38 nated children's services system shall have access to case record and
39 related treatment information as necessary to support the purposes of
40 this section, to the extent permitted by federal law.
41 (b) Tier I, II and III team participants shall protect the confiden-
42 tiality of all individual identifying case record and related treatment
43 information, and prevent access thereto, by, or the distribution thereof
44 to, other persons not authorized by State or federal law.
45 § 3. Notwithstanding any provision of law to the contrary, effective
46 April 1, 2003, the council of children and families, as originally
47 established by article 19-C of the executive law, and all functions,
48 powers, duties, obligations and assets relating to the council as set
49 forth in section two of this act shall be transferred to the council on
50 children and families within the office of children and family services.
51 § 4. Transfer of authority, administration and appropriations.
52 1. The executive director of the council on children and families
53 shall provide for the orderly transfer of all matters, records and
54 things relating to the council.
55 2. The director of the budget is hereby authorized to transfer to the
56 office of children and family services, for use by the council on chil-
S. 1406--B 187 A. 2106--B
1 dren and families, funds otherwise appropriated or reappropriated to the
2 council on children and families consistent with the purposes of this
3 act.
4 § 5. Transfer of employees. Upon the transfer of the council pursuant
5 to section three of this act, council employees shall be transferred to
6 the office of children and family services in accordance with section 70
7 of the civil service law.
8 § 6. Notwithstanding any other law, rule or regulation to the contra-
9 ry, effective April 1, 2003, the chief executive officer of the council
10 on children and families within the office of children and family
11 services shall continue to be the designee of the state of New York for
12 the purpose of carrying into effect the provisions of the federal laws
13 relating to the functions, powers, duties and obligations of the council
14 on children and families hereby transferred and assigned to the office
15 of children and family services, and any federal funds applicable to
16 appropriations to the council on children and families for such func-
17 tions, powers, duties and obligations may be made available to the
18 office of children and family services for use by the council on chil-
19 dren and families subject to the approval of the director of the budget.
20 § 7. Continuation of rules and regulations. All rules, regulations,
21 acts, determinations and decisions of the executive director of the
22 council on children and families with respect to the functions, powers,
23 duties and obligations of the council in force on April 1, 2003 shall
24 continue in force and effect as rules, regulations, acts, determinations
25 and decisions of the CEO of the council on children and families within
26 the office of children and family services until amended or revised by
27 said CEO.
28 § 8. Completion of unfinished business. Any business or other matter
29 undertaken or commenced by the council on children and families relating
30 to the functions, powers, duties and obligations of the council pending
31 on April 1, 2003 shall be continued by the council on children and fami-
32 lies within the office of children and family services.
33 § 9. Terms occurring in laws, contracts and other documents. Whenever
34 the functions, powers, obligations, duties and officials relating to the
35 council on children and families and the executive director thereof are
36 referred to or designated in any law, contract or document, such refer-
37 ence or designation shall be deemed to refer to the appropriate func-
38 tions, powers, obligations, duties and the CEO and officials in the
39 council established by section two of this act, thereof, as applicable.
40 § 10. Existing rights and remedies preserved. No existing right or
41 remedy of any character shall be lost, impaired or affected by reason of
42 this act.
43 § 11. Subdivision 1 of section 465 of the social services law, as
44 added by chapter 974 of the laws of 1984, is amended to read as follows:
45 1. "Council" means those member state agencies of the council on chil-
46 dren and families, created pursuant to [article nineteen-C of the execu-
47 tive law] article ten-C of the social services law.
48 § 12. Subdivision 3 of section 409-i of the social services law is
49 REPEALED.
50 § 13. Subdivision 1 of section 441 of the executive law, as added by
51 chapter 757 of the laws of 1977, is amended to read as follows:
52 1. "Council" shall mean the council on children and families created
53 by section [four hundred forty-two] four hundred eighty-three of [this
54 article] the social services law.
55 § 14. Section 992 of the executive law, as added by chapter 166 of the
56 laws of 1990, is amended to read as follows:
S. 1406--B 188 A. 2106--B
1 § 992. Implementation of the family policy. The family policy shall be
2 implemented by the state council on children and families pursuant to
3 [paragraph (i) of subdivision two of section four hundred forty-four of
4 this chapter] paragraph (f) of subdivision two of section 483-b of the
5 social services law.
6 § 15. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2003.
8 PART G2
9 Section 1. Subdivision 10 of section 153 of the social services law,
10 as amended by section 11 of part C of chapter 83 of the laws of 2002, is
11 amended to read as follows:
12 10. Expenditures made by a social services district for the mainte-
13 nance of [handicapped] children with disabilities, placed by school
14 districts, pursuant to section forty-four hundred five of the education
15 law shall, if approved by the office of children and family services, be
16 subject to [fifty] forty percent reimbursement by the state and twenty
17 percent reimbursement by school districts in accordance with paragraph
18 (c) of subdivision one of section forty-four hundred five of the educa-
19 tion law, after first deducting therefrom any federal funds received or
20 to be received on account of such expenditures, except that in the case
21 of a student attending a state-operated school for the deaf or blind
22 pursuant to article eighty-seven or eighty-eight of the education law
23 who was not placed in such school by a school district such expenditures
24 shall be subject to fifty percent reimbursement by the state after first
25 deducting therefrom any federal funds received or to be received on
26 account of such expenditures and there shall be no reimbursement by
27 school districts. Such expenditures shall not be subject to the limita-
28 tions on state reimbursement contained in subdivision two of section one
29 hundred fifty-three-k of this chapter. In the event of the failure of
30 the school district to make the maintenance payment pursuant to the
31 provisions of this subdivision, the state comptroller shall withhold
32 state reimbursement to any such school district in an amount equal to
33 the unpaid obligation for maintenance and pay over such sum to the
34 social services district upon certification of the commissioner of the
35 office of children and family services and the commissioner of education
36 that such funds are overdue and owed by such school district. The
37 commissioner of the office of children and family services, in consulta-
38 tion with the commissioner of education, shall promulgate regulations to
39 implement the provisions of this subdivision.
40 § 2. Paragraph b of subdivision 1 of section 4405 of the education
41 law, as amended by chapter 53 of the laws of 1990, is amended and a new
42 paragraph c is added to read as follows:
43 b. Expenditures made by a social services district for the maintenance
44 of a child with a [handicapping condition] disability placed in a resi-
45 dential school under the provisions of this article, including a child
46 with a disability placed in a special act school district by a school
47 district committee on special education pursuant to this article, or a
48 child with a disability placed in a state school under the provisions of
49 articles eighty-seven and eighty-eight of this chapter shall be subject
50 to reimbursement by the state pursuant to the provisions of subdivision
51 ten of section one hundred fifty-three of the social services law.
52 Expenditures shall include both direct payments and deductions from
53 state aid made by the comptroller, if any, in lieu of such direct
54 payments.
S. 1406--B 189 A. 2106--B
1 c. Expenditures made by a social services district for the maintenance
2 of a child with a disability placed in a residential school under the
3 provisions of this article, including a child with a disability placed
4 by a school district committee on special education pursuant to this
5 article in a special act school district, or a state school subject to
6 the provisions of articles eighty-seven and eighty-eight of this chap-
7 ter, shall be subject to twenty percent reimbursement by the child's
8 school district of residence pursuant to the provisions of subdivision
9 ten of section one hundred fifty-three of the social services law. The
10 amount of such reimbursement shall be a charge upon such school district
11 of residence.
12 § 3. This act shall take effect July 1, 2003; provided, however, that
13 the amendments to subdivision 10 of section 153 of the social services
14 law made by section one of this act shall not affect the repeal of such
15 subdivision and shall be deemed to be repealed therewith.
16 PART H2
17 Section 1. Subdivision 3 of section 97-yyy of the state finance law,
18 as added by section 27 of part C of chapter 83 of the laws of 2002, is
19 amended to read as follows:
20 3. Moneys of the children and family services quality enhancement
21 fund, following appropriation by the legislature and allocation by the
22 director of the budget, shall be made available to the commissioner of
23 the office of children and family services for activities to increase
24 the availability and/or quality of children and family services programs
25 which may include, but not be limited to, staff recruitment, retention
26 and training activities, research projects and targeted services expan-
27 sion and/or demonstration projects to test innovative models for service
28 delivery including such areas as health, mental health and substance
29 abuse services. [Notwithstanding sections one hundred twelve and one
30 hundred sixty-three of this chapter, such activities shall be conducted
31 without competitive bid or request for proposal.]
32 § 2. This act shall take effect immediately; provided, however, that
33 the amendments to subdivision 3 of section 97-yyy of the state finance
34 law made by section one of this act shall not affect the repeal of such
35 section and shall be deemed repealed therewith.
36 PART I2
37 Section 1. Child care pilot program. The union child care coalition
38 of the New York state American Federation of Labor - Congress of Indus-
39 trial Organizations shall develop plans to be administered by the New
40 York state AFL-CIO Workforce Development Institute for the pilot
41 projects in the capital region and Oneida county consistent with state
42 and federal law and subject to the approval of the office of children
43 and family services in consultation with the department. The program
44 will expand access to child care subsidies for working families with
45 incomes up to two hundred seventy-five percent of the federal poverty
46 level. The union child care coalition shall submit a plan to the office
47 of children and family services and the department within sixty days of
48 the effective date of this section for each pilot program site. The
49 office of children and family services in consultation with the depart-
50 ment shall have up to sixty days from receipt of a completed plan from
51 the coalition to approve the plan.
S. 1406--B 190 A. 2106--B
1 § 2. A portion of the funds shall be provided to the New York state
2 AFL-CIO Workforce Development Institute to implement such plan, as
3 proposed by the union child care coalition of the New York State Ameri-
4 can Federation of Labor - Congress of Industrial Organizations and
5 approved by the office of children and family services, and to support
6 activities at each site. Such activities shall include: outreach and
7 education of families on subsidy eligibility and selection of appropri-
8 ate child care arrangements, facilitated enrollment of such families,
9 data collection, and the provision of reports requested by such office.
10 The program administrator shall contract with the social services
11 district to perform all required steps in the eligibility determination.
12 § 3. The remaining portion of the pilot project shall be allocated by
13 the office of children and family services to the local social services
14 districts where each of the projects shall be located as determined by
15 the project administrator based on projected need and cost of care for
16 the exclusive purpose of paying child care subsidies for working fami-
17 lies enrolled in the child care subsidy program through such pilot
18 initiative. Child care subsidies paid on behalf of eligible families
19 shall be reimbursed at the actual cost of care up to the applicable
20 market rate for the county in which child care is provided and in
21 accordance with the fee schedule of the social services district making
22 the subsidy payment.
23 § 4. An advisory committee, to be determined by the New York state
24 AFL-CIO Workforce Development Institute, may consist of representatives
25 from the office of children and family services, the department of labor
26 and union child care coalition of the New York state American Federation
27 of Labor - Congress of Industrial Organizations will be established. The
28 committee shall convene semiannually to discuss the activity, status and
29 workings of the pilot project and shall provide an annual report,
30 including a financial report, to the governor, temporary president of
31 the senate and speaker of the assembly. Within 60 days of the completion
32 of such pilot program a report shall be prepared and provided to the
33 governor, temporary president of the senate and speaker of the assembly.
34 Such report, in addition to the program activity of the pilot program
35 and finances, shall address the operation of the pilot program and make
36 recommendations on how access to subsidies for working families can be
37 improved and further expanded.
38 § 5. This act shall take effect immediately.
39 PART J2
40 Section 1. Paragraph (d) of subdivision 2 of section 410-bbb of the
41 social services law is amended by adding a new subparagraph (v) to read
42 as follows:
43 (v) in addition, in instances where the awardee can demonstrate that
44 his or her compensated position has, as a primary function, the direct
45 supervision of children or responsibility for the educational or
46 programmatic content of the program, then the level of the award granted
47 will be increased. Such awards also will be further increased in
48 instances where the awardee can demonstrate that his or her compensated
49 position has, as a primary function, the direct supervision of children
50 or responsibility for the educational or programmatic content of the
51 program and can demonstrate that during the eighteen month period of
52 employment, to which this award corresponds, the individual has success-
53 fully completed a recognized course of study or professional development
54 leading to a certificate, degree or credential relevant to the field of
S. 1406--B 191 A. 2106--B
1 early childhood education or school-age child care. The enhanced awards
2 will be granted as follows: individuals who have attained a high school
3 degree, general equivalency degree or have less education and are in a
4 direct care position or a position with direct responsibility for the
5 educational or programmatic content of the program will receive an award
6 of five hundred dollars. If such an individual, within the eighteen-
7 month period, has achieved a credential, certificate or degree specified
8 by the office of children and family services, the individual will be
9 granted an award of seven hundred fifty dollars. Individuals who have a
10 child development credential or a recognized equivalent, or an associ-
11 ate's degree in any field and are in a direct care position or a posi-
12 tion with direct responsibility for the educational or programmatic
13 content of the program will receive an award of seven hundred fifty
14 dollars. If such an individual, within the eighteen-month period, has
15 achieved a credential, certificate or degree specified by the office,
16 the individual will be granted an award of one thousand five hundred
17 dollars. Individuals who hold an associates degree in a field related
18 to the provision of child care or a higher degree in any field and are
19 in a direct care position or a position with direct responsibility for
20 the educational or programmatic content of the program will receive an
21 award of one thousand dollars. If such an individual, within the eigh-
22 teen-month period, has achieved a credential, certificate or degree
23 specified by the office, the individual will be granted an award of two
24 thousand dollars.
25 § 2. Subdivision (b) of section 16 of chapter 416 of the laws of 2000
26 amending the social services law and the state finance law, relating to
27 enacting the "Quality Child Care and Protection Act", as amended by
28 section 3 of part C of chapter 83 of the laws of 2002, is amended to
29 read as follows:
30 (b) section fifteen of this act shall take effect immediately and
31 shall expire and be deemed repealed [September 15, 2003] March 31, 2005;
32 and
33 § 3. Awards pursuant to section 410-bbb of the social services law
34 shall be payable to individuals who meet all of the eligibility criteria
35 for payment on or before September 30, 2004, provided, however, that
36 should section 410-bbb of the social services law be amended prior to
37 March 31, 2005, awards shall be payable to all applicants who meet all
38 the eligibility criteria six months beyond the date that such amendment
39 takes effect.
40 § 4. This act shall take effect immediately; provided, however, that
41 the amendments to section 410-bbb of the social services law made by
42 section one of this act shall not affect the repeal of such section and
43 shall be deemed repealed therewith.
44 PART K2
45 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
46 section 131-o of the social services law, as amended by chapter 109 of
47 the laws of 2002, are amended to read as follows:
48 (a) in the case of each individual receiving family care, an amount
49 equal to at least [$105.00] $106.00 for each month beginning on or after
50 January first, two thousand [two] three.
51 (b) in the case of each individual receiving residential care, an
52 amount equal to at least [$122.00] $124.00 for each month beginning on
53 or after January first, two thousand [two] three.
S. 1406--B 192 A. 2106--B
1 (c) in the case of each individual receiving care in a school for the
2 mentally retarded, an amount equal to at least [$84.00] $85.00 for each
3 month beginning on or after January first, two thousand [two] three.
4 (d) for the period commencing January first, two thousand [three]
5 four, the monthly personal needs allowance shall be an amount equal to
6 the sum of the amounts set forth in subparagraphs one and two of this
7 paragraph:
8 (1) the amounts specified in paragraphs (a) through (c) of this subdi-
9 vision; and
10 (2) the amount in subparagraph one of this paragraph, multiplied by
11 the percentage of any federal supplemental security income cost of
12 living adjustment which becomes effective on or after January first, two
13 thousand [three] four, but prior to June thirtieth, two thousand [three]
14 four, rounded to the nearest whole dollar.
15 § 2. Paragraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision 2
16 of section 209 of the social services law, as amended by chapter 109 of
17 the laws of 2002, are amended to read as follows:
18 (a) On and after January first, two thousand [two] three, for an
19 eligible individual living alone, [$632.00] $639.00; and for an eligible
20 couple living alone, [$921.00] $933.00.
21 (b) On and after January first, two thousand [two] three, for an
22 eligible individual living with others with or without in-kind income,
23 [$568.00] $575.00; and for an eligible couple living with others with or
24 without in-kind income, [$863.00] $875.00.
25 (c) On and after January first, two thousand [two] three, for an
26 eligible individual receiving family care, [$811.48] $818.48 if he or
27 she is receiving such care in the city of New York or the county of
28 Nassau, Suffolk, Westchester or Rockland; or [$773.48] $780.48 if he or
29 she is receiving such care in any other county in the state; for an
30 eligible couple receiving family care, [$1622.96] $1636.96 if they are
31 receiving such care in the city of New York or the county of Nassau,
32 Suffolk, Westchester or Rockland; or [$1546.96] $1560.96 if they are
33 receiving such care in any other county in the state.
34 (d) On and after January first, two thousand [two] three, for an
35 eligible individual receiving residential care, [$980.00] $987.00 if he
36 or she is receiving such care in the city of New York or the county of
37 Nassau, Suffolk, Westchester or Rockland; or [$950.00] $957.00 if he or
38 she is receiving such care in any other county in the state; and for an
39 eligible couple receiving residential care, [$1960.00] $1974.00 if they
40 are receiving residential care in the city of New York or the county of
41 Nassau, Suffolk, Westchester or Rockland; or [$1900.00] $1914.00 if they
42 are receiving such care in any other county of the state.
43 (e) On and after January first, two thousand [two] three, for an
44 eligible individual receiving care in a school for the mentally
45 retarded, [$1027.96] $1034.96 if he or she is receiving such care in the
46 city of New York; or [$1003.96] $1010.96 if he or she is receiving such
47 care in counties outside the city of New York.
48 (f) On and after January first, two thousand [two] three, for an
49 eligible couple receiving care in a school for the mentally retarded,
50 [$2055.92] $2069.92 if they are receiving such care in the city of New
51 York; or [$2007.92] $2021.92 if they are receiving such care in counties
52 outside the city of New York.
53 (g) The amounts set forth in paragraphs (a) through (f) of this subdi-
54 vision shall be increased to reflect any increases in federal supple-
55 mental security income benefits for individuals or couples which become
56 effective on or after January first, two thousand [three] four but prior
S. 1406--B 193 A. 2106--B
1 to June thirtieth, two thousand [three] four; provided, however, that
2 the amounts set forth in paragraphs (c), (d) and (f) of this subdivision
3 with respect to eligible couples shall be increased by an amount equal
4 to twice the increase hereunder for eligible individuals.
5 § 3. Subdivision 1 of section 210 of the social services law, as
6 amended by chapter 109 of the laws of 2002, is amended to read as
7 follows:
8 1. Any inconsistent provisions of this title or any other law notwith-
9 standing, but subject to the provisions of subdivisions two and three of
10 this section, an individual who is deemed to have met the eligibility
11 criteria for additional state payments pursuant to paragraph (c) of
12 subdivision one of section two hundred nine of this title, shall be
13 entitled to receive for each month after December, nineteen hundred
14 seventy-three an additional state payment in an amount which, when added
15 to the supplemental security income benefit and other countable income,
16 is equal to such individual's December, nineteen hundred seventy-three
17 cash grant of assistance under the state's program of old age assist-
18 ance, assistance to the blind, aid to the disabled or the combined
19 program of aid to aged, blind and disabled persons, plus income not
20 excluded under such state program, plus an amount equal to the January,
21 nineteen hundred seventy-two bonus value of food stamps as determined in
22 accordance with the regulations of the office of temporary and disabili-
23 ty assistance plus, for any month after June, nineteen hundred seventy-
24 five, an amount reflecting the federal supplemental security increases
25 resulting from July first, nineteen hundred seventy-five cost of living
26 increases in such benefits, plus for any month after June, nineteen
27 hundred eighty-two, an amount equal to the July first, nineteen hundred
28 eighty-two federal supplemental security income cost of living adjust-
29 ment, providing such individual was eligible to receive a mandatory
30 state supplement for the month of December, nineteen hundred eighty-one,
31 plus for any month after June, nineteen hundred eighty-three, an amount
32 equal to $17.70 for individuals, $26.55 for couples who are living alone
33 or living with others and $35.40 for couples receiving family care,
34 residential care or care in schools for the mentally retarded, plus for
35 any month after December, nineteen hundred eighty-three, an amount equal
36 to $9.70 for individuals, $15.60 for couples who are living alone or
37 living with others and $19.40 for couples receiving family care, resi-
38 dential care or care in schools for the mentally retarded, plus for any
39 month after December, nineteen hundred eighty-four, an amount equal to
40 $11.00 for individuals, $16.00 for couples who are living alone or
41 living with others and $22.00 for couples receiving family care, resi-
42 dential care or care in schools for the mentally retarded, plus for any
43 month after December, nineteen hundred eighty-five, an amount equal to
44 $11.00 for individuals, $16.00 for couples who are living alone or
45 living with others and $22.00 for couples receiving family care, resi-
46 dential care or care in schools for the mentally retarded, plus for any
47 month after December, nineteen hundred eighty-six an amount equal to
48 $4.00 for individuals, $6.00 for couples who are living alone or living
49 with others and $8.00 for couples receiving family care, residential
50 care or care in schools for the mentally retarded, plus for any month
51 after December, nineteen hundred eighty-seven an amount equal to $14.00
52 for individuals, $22.00 for couples who are living alone or living with
53 others and $28.00 for couples receiving family care, residential care or
54 care in schools for the mentally retarded, plus for any month after
55 December, nineteen hundred eighty-eight an amount equal to $14.00 for
56 individuals, $21.00 for couples who are living alone or living with
S. 1406--B 194 A. 2106--B
1 others and $28.00 for couples receiving family care, residential care or
2 care in schools for the mentally retarded, plus for any other month
3 after December, nineteen hundred eighty-nine an amount equal to $18.00
4 for individuals, $27.00 for couples who are living alone or living with
5 others and $36.00 for couples receiving family care, residential care or
6 care in schools for the mentally retarded, plus for any month after
7 December, nineteen hundred ninety an amount equal to $21.00 for individ-
8 uals, $31.00 for couples who are living alone or living with others and
9 $42.00 for couples receiving family care, residential care or care in
10 schools for the mentally retarded, plus for any month after December,
11 nineteen hundred ninety-one an amount equal to $15.00 for individuals,
12 $23.00 for couples who are living alone or living with others and $30.00
13 for couples receiving family care, residential care or care in schools
14 for the mentally retarded, plus for any month after December, nineteen
15 hundred ninety-two, an amount equal to $12.00 for individuals, $19.00
16 for couples who are living alone or living with others and $24.00 for
17 couples receiving family care, residential care or care in schools for
18 the mentally retarded plus for any month after December, nineteen
19 hundred ninety-three an amount equal to $12.00 for individuals, $17.00
20 for couples who are living alone or living with others and $24.00 for
21 couples receiving family care, residential care or care in schools for
22 the mentally retarded plus for any month after December, nineteen
23 hundred ninety-four an amount equal to $12.00 for individuals, $18.00
24 for couples who are living alone or living with others and $24.00 for
25 couples receiving family care, residential care or care in schools for
26 the mentally retarded, plus for any month after December, nineteen
27 hundred ninety-five an amount equal to $12.00 for individuals, $18.00
28 for couples who are living alone or living with others and $24.00 for
29 couples receiving family care, residential care or care in schools for
30 the mentally retarded, plus for any month after December, nineteen
31 hundred ninety-six, an amount equal to $14.00 for individuals and $21.00
32 for couples plus for any month after December, nineteen hundred ninety-
33 seven an amount equal to $10.00 for individuals and $15.00 for couples
34 plus for any month after December, nineteen hundred ninety-eight an
35 amount equal to $6.00 for individuals and $11.00 for couples plus for
36 any month after December, nineteen hundred ninety-nine an amount equal
37 to $13.00 for individuals and $18.00 for couples plus for any month
38 after December, two thousand an amount equal to $18.00 for individuals
39 and $27.00 for couples plus for any month after December, two thousand
40 one an amount equal to $15.00 for individuals and $21.00 for couples
41 plus for any month after December, two thousand two an amount equal to
42 $7.00 for individuals and $12.00 for couples plus for any month after
43 December, two thousand three an amount equal to the amount of any
44 increases in federal supplemental security income benefits for individ-
45 uals or couples which become effective on or after January first, two
46 thousand [three] four but prior to June thirtieth, two thousand [three]
47 four.
48 § 4. This act shall take effect December 31, 2003, and shall apply to
49 benefits and allowances in months beginning after such date.
50 PART L2
51 Section 1. a) The several amounts specified in the chapters of the
52 laws of 2003 which enact the public protection and general government
53 budget, the transportation, economic development and environmental
54 conservation budget, the education, labor and family assistance budget,
S. 1406--B 195 A. 2106--B
1 and the health and mental hygiene budget for state operations and for
2 aid to localities, or so much thereof as shall be sufficient to accom-
3 plish the purposes designated by such appropriations, are thereby appro-
4 priated and authorized to be paid as thereinafter provided, to the
5 respective public officers and for the several purposes specified.
6 b) Where applicable, appropriations made by the chapters of the laws
7 of 2003 which enact the public protection and general government budget,
8 the transportation, economic development and environmental conservation
9 budget, the education, labor and family assistance budget, and the
10 health and mental hygiene budget for expenditures from federal grants
11 for state operations and for aid to localities may be allocated for
12 spending from federal grants for any grant period beginning during, or
13 prior to, the state fiscal year beginning on April 1, 2003.
14 c) The several amounts specified in the chapters of the laws of 2003
15 which enact the public protection and general government budget, the
16 transportation, economic development and environmental conservation
17 budget, the education, labor and family assistance budget, and the
18 health and mental hygiene budget for capital projects, or so much there-
19 of as shall be necessary to accomplish the purposes of such appropri-
20 ations, are appropriated by comprehensive construction programs (herein-
21 after referred to by the abbreviation CCP), purposes, and projects
22 designated by the appropriations, and authorized to be made available as
23 thereinafter provided to the respective public officers; such appropri-
24 ations shall be deemed to provide all costs necessary and pertinent to
25 accomplish the intent of such appropriations and are appropriated in
26 accordance with the provisions of section 93 of the state finance law
27 and the provisions of section 15 of part K of chapter 81 of the laws of
28 2002.
29 d) Any amounts specified in the chapters of the laws of 2003 which
30 enact the public protection and general government budget, the transpor-
31 tation, economic development and environmental conservation budget, the
32 education, labor and family assistance budget, and the health and mental
33 hygiene budget for advances for capital projects, or so much thereof as
34 shall be necessary to accomplish the purposes of such appropriations,
35 are appropriated by comprehensive construction programs (thereinafter
36 referred to by the abbreviation CCP), purposes and projects designated
37 by the appropriations as advances from the capital projects fund in
38 accordance with the provisions of sections 40-a and 93 of the state
39 finance law, and are authorized to be paid as thereinafter provided as
40 an advance for a share, part or whole of the cost for such programs,
41 purposes and projects hereinafter specified.
42 e) The appropriations contained in the chapters of the laws of 2003
43 which enact the public protection and general government budget, the
44 transportation, economic development and environmental conservation
45 budget, the education, labor and family assistance budget, and the
46 health and mental hygiene budget shall be available for the fiscal year
47 beginning on April 1, 2003.
48 BANKING DEPARTMENT
49 § 2. All or a portion of the moneys appropriated in section 1 of the
50 chapter of the laws of 2003 which enacts the public protection and
51 general government budget to the banking department under the regulation
52 program from the special revenue funds - other/state operations, miscel-
53 laneous special revenue fund - 339, banking department account, for
54 services and expenses related to the crime proceeds task force, may be
S. 1406--B 196 A. 2106--B
1 suballocated to the departments of law and taxation and finance for
2 services and expenses incurred on behalf of the crime proceeds task
3 force pursuant to an allocation plan developed by the superintendent of
4 banks, the attorney general and the commissioner of taxation and
5 finance, as appropriate, subject to the approval of the director of the
6 budget.
7 CONSUMER PROTECTION BOARD
8 § 3. Notwithstanding any other provision of law to the contrary, of
9 the moneys appropriated in section 1 of the chapter of the laws of 2003
10 which enacts the public protection and general government budget to the
11 consumer protection board under the consumer protection program, from
12 special revenue funds - other / state operations, miscellaneous special
13 revenue fund - 339, public service account, for direct and indirect
14 expenses of the consumer protection board shall be deemed expenses with-
15 in the meaning of section 18-a of the public service law.
16 DEPARTMENT OF CORRECTIONAL SERVICES
17 § 4. Notwithstanding the provisions of sections 601-b and 601-c of the
18 correction law, payments made from moneys appropriated in section 1 of
19 the chapter of the laws of 2003 which enacts the public protection and
20 general government budget to the department of correctional services
21 under the support services program, from the general fund / aid to
22 localities, local assistance account - 001, for services and expenses of
23 localities for the housing and board of coram nobis prisoners in accord-
24 ance with section 601-b of the correction law, felony offenders in
25 accordance with subdivision 2 of section 601-c of the correction law,
26 and prisoners pursuant to section 95 of the correction law, for liabil-
27 ities incurred on or after April 1, 1992 shall be paid by the state at
28 the actual per day per capita cost, as certified to the commissioner by
29 the appropriate local official, for the care of such prisoners. However,
30 such per diem per capita reimbursement pursuant to section 601-b of the
31 correction law shall not exceed $17. Such per diem per capita reimburse-
32 ment pursuant to subdivision 2 of section 601-c of the correction law
33 shall not exceed $34.
34 CRIME VICTIMS BOARD
35 § 5. Moneys appropriated in section 1 of the chapter of the laws of
36 2003 which enacts the public protection and general government budget to
37 the crime victims board under the victims and witness assistance program
38 from:
39 (a) Special revenue funds - federal / aid to localities, federal oper-
40 ating grants fund - 290, crime victims assistance account, for victim
41 and witness assistance in accordance with the federal crime control act
42 of 1984 including transfers to federal fund state operations for the
43 crime victims board and suballocations to other state agencies' federal
44 funds - state operations pursuant to an allocation plan subject to the
45 approval of the director of the budget; and
46 (b) Special revenue funds - other / aid to localities, miscellaneous
47 special revenue fund - 339, criminal justice improvement account, for
48 services and expenses of programs providing services to crime victims
49 and witnesses, whether operated by a community-based agency or a govern-
50 ment agency, including suballocations to other state agencies' state
S. 1406--B 197 A. 2106--B
1 operations, pursuant to an allocation plan subject to the approval of
2 the director of the budget.
3 DIVISION OF CRIMINAL JUSTICE SERVICES
4 § 6. Moneys appropriated in section 1 of the chapter of the laws of
5 2003 which enacts the public protection and general government budget to
6 the division of criminal justice services under the administration
7 program, general fund / state operations, state purposes account - 003,
8 for services and expenses for the state's share of the juvenile account-
9 ability incentive block grant program pursuant to an allocation plan
10 subject to the approval of the director of the budget. Funds may be
11 transferred to other state agencies to support state agency expenditures
12 associated with this program.
13 § 7. Moneys appropriated in section 1 of the chapter of the laws of
14 2003 which enacts the public protection and general government budget to
15 the division of criminal justice services under the funding and program
16 assistance program, from the general fund / aid to localities, local
17 assistance account - 001, for criminal justice aid, shall be expended
18 pursuant to an allocation plan developed and implemented by the commis-
19 sioner of the division of criminal justice services and subject to the
20 approval of the director of the budget according to the following:
21 (a) for services and expenses related to the prosecution of capital
22 crimes pursuant to section 707 of the county law and section 837-l of
23 the executive law, and the provision of continuing legal education,
24 training, advice and assistance for prosecutors in the prosecution of
25 capital cases including training contracts with the New York state
26 district attorneys association and the New York prosecutors training
27 institute;
28 (b) for services and expenses related to prosecutorial services
29 according to an allocation plan developed by the commissioner of the
30 division of criminal justice services and approved by the director of
31 the budget. Such funds shall be distributed utilizing a formula based on
32 the most current full annual criminal justice indicators available at
33 the time awards are made;
34 (c) for payment of state aid to counties pursuant to section 700 of
35 the county law for salaries of district attorneys. Notwithstanding any
36 other provisions of law, such moneys shall be apportioned in amounts to
37 be determined by the percent of the total cost to each county for
38 district attorney salaries as reimbursed by the state in fiscal year
39 1998-99, including payments for prior year liabilities;
40 (d) for payment of state aid to counties for salaries of district
41 attorneys. Notwithstanding any provisions of section 700 of the county
42 law, any county having a population of less than 40,000, the board of
43 supervisors of which has designated the office of district attorney as a
44 full time position and which has fixed the salary of the district attor-
45 ney at a sum equal to the amount paid to the county judge of such coun-
46 ty, shall within such amounts appropriated, be entitled to a payment up
47 to the sum of $61,800;
48 (e) for services and expenses related to prosecutorial services, to be
49 apportioned in equal amounts to the thirty-two counties which did not
50 receive aid for prosecutorial services according to the allocation plan
51 developed by the commissioner of the division of criminal justice
52 services and approved by the director of the budget in the state fiscal
53 year 1999-2000;
S. 1406--B 198 A. 2106--B
1 (f) for payment of state aid for expenses of the special narcotics
2 prosecutor;
3 (g) for payment of state aid for expenses of crime laboratories in
4 accordance with a distribution plan developed at the discretion of the
5 commissioner of the division of criminal justice services and approved
6 by the director of the budget. A portion of such funds may be provided
7 to state-run laboratories;
8 (h) for reimbursement of the services and expenses of municipal corpo-
9 rations, public authorities, the division of state police, authorized
10 police departments of state public authorities or regional state park
11 commissions for the purchase of ballistic soft body armor vests, such
12 sum shall be payable on the audit and warrant of the state comptroller
13 on vouchers certified by the commissioner of the division of criminal
14 justice services and the chief administrative officer of the municipal
15 corporation, public authority, or state entity making requisition and
16 purchase of such vests;
17 (i) for payment of state aid for defense services in accordance with a
18 distribution plan developed at the discretion of the commissioner of the
19 division of criminal justice services and approved by the director of
20 the budget. Such funds shall be distributed utilizing a formula based on
21 the most current full annual criminal justice indicators available at
22 the time awards are made;
23 (j) for services and expenses for district attorney participation in
24 the drug treatment alternatives to prison program;
25 (k) for D.A.R.E. Such funds may be used to support state agency train-
26 ing activities and coordinated purchase of workbooks and related educa-
27 tional materials for distribution to local school districts;
28 (l) for payment of state aid for the Westchester county policing
29 program;
30 (m) for services and expenses of the criminal gun possession prose-
31 cution program in accordance with a distribution plan developed at the
32 discretion of the commissioner of the division of criminal justice
33 services and approved by the director of the budget;
34 (n) for services and expenses related to referral, screening and
35 treatment of offenders for the Willard drug treatment campus;
36 (o) for services and expenses associated with a gun interdiction
37 program in accordance with a distribution plan developed at the
38 discretion of the commissioner of the division of criminal justice
39 services and approved by the director of the budget;
40 (p) for services and expenses of the state match requirement for the
41 ADAM program. Such funding may be used to support state operations
42 expenditures associated with the program; and
43 (q) for services and expenses of the road to recovery program, includ-
44 ing alternatives to incarceration, drug treatment programs, transitional
45 services. Funds may also be transferred to the office of alcoholism and
46 substance abuse services for the aforementioned program.
47 § 8. Moneys appropriated in section 1 of the chapter of the laws of
48 2003 which enacts the public protection and general government budget to
49 the division of criminal justice services under the funding and program
50 assistance program from the:
51 (a) special revenue funds - federal / aid to localities, federal oper-
52 ating grants fund - 290, challenge account, for services and expenses
53 associated with the juvenile justice and delinquency prevention chal-
54 lenge account, may be used to support state operations expenditures
55 associated with state agency program grants in accordance with a
56 distribution plan determined by the juvenile justice advisory group and
S. 1406--B 199 A. 2106--B
1 affirmed by the commissioner of the division of criminal justice
2 services;
3 (b) special revenue funds - federal / state operations, federal oper-
4 ating grants fund - 290, domestic incident preparedness account, for
5 services and expenses related to the domestic incident preparedness
6 program to combat weapons of mass destruction, may be transferred to
7 other state agencies federal fund - state operations and aid to locali-
8 ties to support state agency and local expenditures associated with the
9 development of an antiterrorism program. Such funds may be distributed
10 to localities in accordance with a plan developed by the commissioner of
11 the division of criminal justice services and approved by the director
12 of the budget;
13 (c) special revenue funds - federal / state operations, federal oper-
14 ating grants fund - 290, Edward Byrne memorial grant account, for
15 services and expenses of the federal anti-drug abuse program may be
16 expended pursuant to an expenditure plan developed by the commissioner
17 of the division of criminal justice services and approved by the direc-
18 tor of the budget. Funds may be used to support grants to local govern-
19 ments;
20 (d) special revenue funds - federal / aid to localities, federal oper-
21 ating grants fund - 290, Edward Byrne memorial grant account, for
22 payment of federal anti-drug moneys, may be expended pursuant to an
23 allocation plan developed by the commissioner of the division of crimi-
24 nal justice services and subject to the approval of the director of the
25 budget including suballocation to other state agencies;
26 (e) special revenue funds - federal / state operations, federal oper-
27 ating grants fund - 290, Edward Byrne memorial grant discretionary
28 account, for services and expenses related to the Byrne memorial program
29 may be expended in accordance with an expenditure plan developed by the
30 commissioner of the division of criminal justice services and approved
31 by the director of the budget;
32 (f) special revenue funds - federal / state operations, federal oper-
33 ating grants fund - 290, juvenile accountability incentive block grant
34 account, for services and expenses related to the federal juvenile
35 accountability incentive block grant program, may be expended pursuant
36 to an expenditure plan developed by the commissioner of the division of
37 criminal justice services and approved by the director of the budget,
38 provided however that up to 10 percent of such amount may be used for
39 program administration. Such funds may be used to support grants with
40 locals, and may be transferred to other state agencies to support state
41 agency expenditures associated with this grant;
42 (g) special revenue funds - federal / aid to localities, federal oper-
43 ating grants fund - 290, juvenile accountability incentive block grant
44 account, for payment of federal aid to localities juvenile accountabil-
45 ity incentive block grant moneys may be expended pursuant to an allo-
46 cation plan developed by the commissioner of the division of criminal
47 justice services and approved by the director of the budget. Such funds
48 may be transferred to other state agencies for allocation to localities
49 or for direct contracts with not-for-profit agencies;
50 (h) special revenue funds - federal / state operations, federal oper-
51 ating grants fund - 290, juvenile justice and delinquency prevention
52 formula account, for services and expenses associated with the juvenile
53 justice and delinquency prevention formula account may be expended in
54 accordance with a distribution plan determined by the juvenile justice
55 advisory group and affirmed by the commissioner of the division of crim-
56 inal justice services. Such funds may be used to support grants with
S. 1406--B 200 A. 2106--B
1 locals and may be transferred to federal funds - aid to localities and
2 to other state agencies to support local projects;
3 (i) special revenue funds - federal / aid to localities, federal oper-
4 ating grants fund - 290, juvenile justice and delinquency prevention
5 formula account,
6 (1) for payment of federal aid to localities may be expended pursuant
7 to the provisions of the federal juvenile justice and delinquency
8 prevention act in accordance with a distribution plan determined by the
9 juvenile justice advisory group and affirmed by the commissioner of the
10 division of criminal justice services, and
11 (2) for payment of federal aid to localities may be expended pursuant
12 to the provisions of title V of the juvenile justice and delinquency
13 prevention act of 1974, as amended, for local delinquency prevention
14 programs, including sub-allocation to state operations for the adminis-
15 tration of this grant in accordance with a distribution plan determined
16 by the juvenile justice advisory group and affirmed by the commissioner
17 of the division of criminal justice services;
18 (j) special revenue funds - federal / state operations, federal oper-
19 ating grants fund - 290, juvenile justice and delinquency prevention
20 program, discretionary account, for services and expenses related to the
21 federal juvenile justice and delinquency prevention program, may be
22 expended pursuant to an expenditure plan developed by the commissioner
23 of the division of criminal justice services and approved by the direc-
24 tor of the budget. A portion of such funds may be used for program
25 administration. Such funds may be transferred to other state agencies
26 federal fund - state operations to support state agency expenditures
27 associated with such grant. Such funds may also be used to support local
28 projects;
29 (k) special revenue funds - federal / state operations, federal oper-
30 ating grants fund - 290, juvenile justice and delinquency prevention
31 title IV account, for services and expenses related to title IV of the
32 juvenile justice and delinquency prevention program, may be expended
33 pursuant to an expenditure plan developed by the commissioner of the
34 division of criminal justice services and approved by the director of
35 the budget. A portion of such funds may be used for program adminis-
36 tration and agency projects. Such funds may be transferred to other
37 state agencies federal fund - state operations to support state agency
38 expenditures associated with the grant. Such funds may also be used to
39 support local projects;
40 (l) special revenue funds - federal / aid to localities, federal oper-
41 ating grants fund - 290, law enforcement block grant account, for
42 payment of federal aid to localities pursuant to an expenditure plan
43 developed by the commissioner of the division of criminal justice
44 services and approved by the director of the budget, provided however
45 that up to 3 percent of such amount may be used for program adminis-
46 tration. A portion of such funds may also be used for the division of
47 criminal justice services and for transfer to other state agencies;
48 (m) special revenue funds - federal / aid to localities, federal oper-
49 ating grants fund - 290, law enforcement block grant account - discre-
50 tionary, for payment of federal aid to localities for the discretionary
51 law enforcement block grant may be expended pursuant to an expenditure
52 plan developed by the commissioner of the division of criminal justice
53 services and approved by the director of the budget. A portion of such
54 funds may be used for program administration, used to support state
55 agency programs, and used to support local projects;
S. 1406--B 201 A. 2106--B
1 (n) special revenue funds - federal / state operations, federal oper-
2 ating grants fund - 290, violence against women discretionary account,
3 for services and expenses related to the federal violence against women
4 program may be expended pursuant to an expenditure plan developed by the
5 commissioner of the division of criminal justice services and approved
6 by the director of the budget. Such funds may also be transferred to
7 other state agencies to support state agency expenditures associated
8 with the violence against women program. Such funds may also be used to
9 support local projects;
10 (o) special revenue funds - federal / aid to localities, federal oper-
11 ating grants fund - 290, violence against women account, for payment of
12 federal aid to localities, may be expended pursuant to an expenditure
13 plan developed by the commissioner of the division of criminal justice
14 services and approved by the director of the budget, provided however
15 that up to 10 percent of such amount may be used for program adminis-
16 tration. Such funds may also be transferred to other state agencies
17 federal fund - state operations to support state agency expenditures
18 associated with violence against women programs;
19 (p) special revenue funds - other / state operations, miscellaneous
20 special revenue fund - 339, CJS - conference and signs account, for
21 services and expenses related to conferences, including training confer-
22 ences, sponsored by the division of criminal justice services and for
23 the purchase of crime prevention signs by the division of criminal
24 justice services; and
25 (q) special revenue funds - other / aid to localities, state police
26 and motor vehicle law enforcement fund - 354, local agency law enforce-
27 ment account, for services and expenses associated with local anti-auto
28 theft programs may be expended pursuant to an expenditure plan developed
29 by the commissioner of the division of criminal justice services and
30 approved by the director of the budget and in accordance with section
31 89-d of the state finance law. Notwithstanding any provision of law to
32 the contrary, up to 7 percent of such amount may be used for program
33 administration.
34 § 9. Moneys appropriated in section 1 of the chapter of the laws of
35 2003 which enacts the public protection and general government budget to
36 the division of criminal justice services under the operations and
37 systems program from the:
38 (a) special revenue funds - federal / state operations, federal oper-
39 ating grants fund - 290, crime identification and technology account,
40 for services and expenses related to crime identification technologies,
41 may be expended pursuant to an expenditure plan developed by the commis-
42 sioner of the division of criminal justice services and approved by the
43 director of the budget. Such funds may be used to support grants with
44 locals, and may be transferred to other state agencies to support state
45 agency expenditures associated with this grant; and
46 (b) special revenue funds - other / state operations, miscellaneous
47 special revenue fund - 339, fingerprint identification and technology
48 account, for services and expenses associated with the collection and
49 dissemination of information to criminal justice agencies including
50 enhancement of fingerprint identification and statewide law enforcement
51 information systems may be expended according to an expenditure plan
52 developed by the commissioner of the division of criminal justice
53 services and approved by the director of the budget and may include
54 suballocation to other state agencies.
55 § 10. Notwithstanding any inconsistent provision of law to the contra-
56 ry, no funds shall be allocated from the amount appropriated in section
S. 1406--B 202 A. 2106--B
1 1 of the chapter of the laws of 2003 which enacts the public protection
2 and general government budget to the division of criminal justice
3 services as amended by section 4 of the chapter of the laws of 2003
4 which enacts the health and mental hygiene budget to the division of
5 criminal justice services under the funding and program assistance
6 program from the special revenue funds - other/aid to localities, legal
7 services assistance fund, legal services assistance account, for
8 services, expenses or reimbursement of expenses incurred by local
9 government agencies and/or not-for-profit providers and their employees
10 providing civil or criminal legal services, until a memorandum of under-
11 standing is agreed to between the majority leader of the senate and
12 speaker of the assembly or their respective designees.
13 DIVISION OF MILITARY AND NAVAL AFFAIRS
14 § 11. Notwithstanding any other provision of law, moneys appropriated
15 in section 1 of the chapter of the laws of 2003 which enacts the public
16 protection and general government budget to the division of military and
17 naval affairs under the emergency management program from the special
18 revenue funds - other/state operations and special revenue funds -
19 other/aid to localities, miscellaneous special revenue fund - 339, emer-
20 gency management account, any supplemental fees assessed on nuclear
21 generating facilities to support state and local government responsibil-
22 ities under accepted radiological emergency preparedness plans and the
23 use and distribution of such supplemental fees shall be determined
24 pursuant to a chapter of the laws of 2003.
25 DIVISION OF PAROLE
26 § 12. Notwithstanding the provisions of section 259-i of the executive
27 law, moneys appropriated in section 1 of the chapter of the laws of 2003
28 which enacts the public protection and general government budget to the
29 division of parole under the parole operations program, from the general
30 fund, aid to localities, local assistance account - 001, for liabilities
31 incurred on or after April 1, 1992, shall be paid by the state at the
32 actual per day per capita cost, as certified to the commissioner of
33 correctional services by the appropriate local official, for the care of
34 such prisoners. However, such per diem per capita reimbursement pursuant
35 to subdivision 3 of section 259-i of the executive law shall not exceed
36 $34.
37 § 13. Notwithstanding any other provision of law to the contrary, with
38 regard to moneys appropriated in section 1 of the chapter of the laws of
39 2003 which enacts the public protection and general government budget to
40 the division of parole under the parole operations program, from the
41 internal service funds / aid to localities, miscellaneous internal
42 service fund - 334, neighborhood work project account, for services and
43 expenses related to establishing and administering a vocational training
44 program for parolees or other offenders participating in community based
45 programs with the center for employment opportunities acting as the
46 division's agent, the chairman of the board of parole, or a designated
47 officer of the division of parole may authorize participants to perform
48 service projects at sites made available by any state or local govern-
49 ment or public benefit corporation.
50 DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
S. 1406--B 203 A. 2106--B
1 § 14. Moneys appropriated in section 1 of the chapter of the laws of
2 2003 which enacts the public protection and general government budget to
3 the division of probation and correctional alternatives under the commu-
4 nity corrections program from the general fund / aid to localities,
5 local assistance account - 001, for:
6 (a) payment of state aid to counties and the city of New York for the
7 operation of local probation departments, shall be expended, subject to
8 the approval of the director of the budget. Notwithstanding any other
9 provisions of law, the reimbursement rate for state aid to counties and
10 the city of New York shall not exceed 46.5 percent of approved expendi-
11 tures incurred by said counties and the city of New York. Such moneys
12 shall be available to reimburse localities for services provided during
13 the 2003 calendar year;
14 (b) services and expenses of the intensive supervision program;
15 (c) services and expenses related to programs that provide juvenile
16 intensive supervision probation. The division of probation and correc-
17 tional alternatives shall enter into agreements to provide for locally
18 administered "juvenile intensive supervision programs" for youth adjudi-
19 cated juvenile delinquents arising from a fact-finding pursuant to arti-
20 cle 3 of the family court act whereupon such adjudication was for an
21 offense other than a violent felony offense as described in paragraphs
22 (a) and (b) of subdivision 1 of section 70.02 of the penal law and wher-
23 eupon the court made a finding at the time of such adjudication that
24 such youth suffered from an alcohol or drug dependency at the time of
25 the offense. Such programs shall be characterized by caseloads of no
26 more than one officer to fifteen families, officer training in family
27 intervention techniques, youth supervision and delinquency prevention,
28 and a minimum of five contacts during the initial three weeks of super-
29 vision. Where practicable, community services shall be required during
30 the first six months of supervision. Where appropriate, such program
31 shall include the referral of juveniles to available drug and alcohol
32 treatment, mental health and other appropriate services during the first
33 six months of supervision. Funds shall be available for up to one
34 hundred percent of program costs incurred and awarded on a competitive
35 basis to local probation departments, including existing juvenile inten-
36 sive supervision programs. In no event shall any part of such funds be
37 used to replace expenditures previously incurred for such services or
38 programs;
39 (d) payment of state aid to counties and the city of New York for
40 local alternatives to incarceration, pursuant to article 13-A of the
41 executive law, notwithstanding any other provision of law, the total
42 amount for state assistance shall be therein specified and state assist-
43 ance for every participating county and the city of New York for
44 approved programs shall be available in the same proportion of the
45 appropriation as was received during the preceding fiscal year;
46 (e) payment to programs which serve as alternatives to incarceration;
47 (f) payment of state aid to counties and the city of New York for
48 local alternatives to incarceration that provide alcohol and substance
49 abuse treatment programs and services and other related interventions,
50 pursuant to section 266 of article 13-A of the executive law and pursu-
51 ant to a plan approved by the director of the budget;
52 (g) payment as assistance to localities to provide supervision and
53 treatment for at-risk youth or offenders by public or not-for-profit
54 agencies pursuant to a plan developed by the division of probation and
55 correctional alternatives and the department of correctional services;
56 and
S. 1406--B 204 A. 2106--B
1 (h) payment as assistance to localities to provide supervision and
2 treatment of offenders by public or not-for-profit agencies pursuant to
3 a plan developed by the division of probation and correctional alterna-
4 tives and the department of correctional services and the division of
5 parole. Eligible services shall include but not be limited to substance
6 abuse assessments, treatment program placement, monitoring client
7 compliance with treatment programs, outpatient and residential treat-
8 ment, TASC program services, drug treatment alternatives to prison
9 programs, up to $1,500,000 to the division of parole for relapse
10 prevention programs and high impact incarceration programs in the
11 following counties: Monroe, Erie, Onondaga, Schenectady, Westchester,
12 Suffolk, and Nassau. Funds shall be awarded on a competitive basis and
13 shall be available for up to 100 percent of program costs incurred. In
14 no event shall any part of such funds be used to replace expenditures
15 previously incurred for such services.
16 OFFICE OF PUBLIC SECURITY
17 § 15. Notwithstanding any other provision of law to the contrary, with
18 regard to moneys appropriated in section 1 of the chapter of the laws of
19 2003 which enacts the public protection and general government budget to
20 the office of public security under the cyber security and critical
21 infrastructure coordination program from the special revenue funds -
22 other / state operations, miscellaneous special revenue fund - 339,
23 public service account, for all services and expenses, direct and indi-
24 rect, related to the office's cyber security and critical infrastructure
25 division, to address and coordinate New York state's cyber readiness,
26 geographic information systems, and critical infrastructure prepared-
27 ness, shall be deemed expenses of the department of public service with-
28 in the meaning of section 18-a of the public service law.
29 DEPARTMENT OF STATE
30 § 16. Moneys appropriated in section 1 of the chapter of the laws of
31 2003 which enacts the public protection and general government bill to
32 the department of state under the local government and community
33 services program from the general fund / aid to localities, local
34 assistance account - 001, for aid to municipalities for the purpose of
35 downtown revitalization pursuant to a plan approved by the secretary of
36 state and the director of the budget, shall be distributed according to
37 the following sub-schedule:
38 Albany ........................................................ $200,000
39 Binghamton ..................................................... $95,000
40 Hempstead ..................................................... $150,000
41 East New York ................................................. $150,000
42 Jamestown ...................................................... $85,000
43 Lockport ....................................................... $75,000
44 Mt. Vernon .................................................... $135,000
45 Plattsburgh ................................................... $150,000
46 Rome ........................................................... $75,000
47 Rouses Point ................................................... $20,000
48 Schodack ........................................................$60,000
49 Watertown ...................................................... $75,000
50 § 17. With regard to moneys appropriated in section 1 of the chapter
51 of the laws of 2003 which enacts the public protection and general
52 government budget to the department of state under the local government
S. 1406--B 205 A. 2106--B
1 and community services program from the fiduciary funds / aid to locali-
2 ties, combined expendable trust fund - 020, emergency services revolving
3 loan account, for services and expenses, including prior year liabil-
4 ities, of the emergency services revolving loan account pursuant to
5 section 97-pp of the state finance law, up to 5 percent therefor may be
6 transferred to state operations for administration of the loan fund.
7 DIVISION OF STATE POLICE
8 § 18. Moneys appropriated in section 1 of the chapter of the laws of
9 2003 which enacts the public protection and general government budget to
10 the division of state police under the technical police services program
11 from the special revenue funds - other / state operations, miscellaneous
12 special revenue fund - 339, state police seized assets account, shall be
13 available for services and expenses associated with the Federal Communi-
14 cations Assistance Law Enforcement Act (CALEA) including suballocation
15 to other state agencies and departments in accordance with a plan devel-
16 oped by the superintendent of the division of state police and the
17 attorney general and approved by the director of the budget.
18 DIVISION OF VETERANS' AFFAIRS
19 § 19. Of the moneys appropriated in section 1 of the chapter of the
20 laws of 2003 which enacts the public protection and general government
21 budget to the division of veterans' affairs under the blind veteran
22 annuity assistance program, from the general fund / aid to localities,
23 local assistance account - 001, for payment of annuities to blind veter-
24 ans and eligible surviving spouses, up to $15,000 of such funds may be
25 transferred to state operations for postage costs associated with this
26 program.
27 LOCAL GOVERNMENT ASSISTANCE
28 § 20. Notwithstanding the provisions of section 54-c of the state
29 finance law, the moneys appropriated in section 1 of the chapter of the
30 laws of 2003 which enacts the public protection and general government
31 budget for local government assistance under emergency financial aid to
32 certain cities, from the general fund / aid to localities, local assist-
33 ance account - 001, for payment of emergency financial aid to certain
34 cities, shall be distributed to the same cities that received emergency
35 financial aid in the state fiscal year ending March 31, 2003. On or
36 before March 31, 2004, each city shall receive 100 percent of the amount
37 of aid it received in state fiscal year 2002-03. Notwithstanding any
38 other provision of law, any payment of emergency financial aid to
39 certain cities made pursuant to such appropriation on or before March
40 31, 2004, which prior to the state fiscal year beginning April 1, 1994
41 was payable during the month of June, shall be considered a prepayment
42 of aid. Such appropriation shall constitute the complete liquidation of
43 the state's obligation for such purposes.
44 § 21. Moneys appropriated in section 1 of the chapter of the laws of
45 2003 which enacts the public protection and general government budget
46 for local government assistance under emergency financial assistance to
47 eligible municipalities, from the general fund / aid to localities,
48 local assistance account - 001, shall be available for payment of emer-
49 gency financial assistance to eligible municipalities. Upon audit and
S. 1406--B 206 A. 2106--B
1 warrant of the state comptroller, each municipality shall receive a
2 total of 100 percent of the amount of emergency financial assistance to
3 eligible municipalities it received in state fiscal year 2002-03 and
4 shall be paid in the same "on or before month and day" manner in which
5 it received such aid in the state fiscal year ending March 31, 2003.
6 Notwithstanding any other provision of law, any payment of emergency
7 financial assistance to eligible municipalities made pursuant to such
8 appropriation on or before March 31, 2004, which prior to the state
9 fiscal year beginning April 1, 1995 was payable during the month of
10 June, shall be considered a prepayment of aid.
11 § 22. Moneys appropriated in section 1 of the chapter of the laws of
12 2003 which enacts the public protection and general government budget
13 for local government assistance under the Nassau county interim finance
14 authority, from the general fund / aid to localities, local assistance
15 account - 001, shall be available for a grant for payment to the Nassau
16 county interim finance authority in accordance with chapter 84 of the
17 laws of 2000. Such grant shall be made available for payment to such
18 authority in whole or in part on or after June 30, 2003 but on or before
19 September 30, 2003.
20 No part of such appropriation shall be available for the purposes
21 designated until a certificate of approval of availability is issued by
22 the director of the budget and a copy filed with the state comptroller,
23 the chairman of the senate finance committee and the chairman of the
24 assembly ways and means committee. The certificate may be amended from
25 time to time, subject to the approval of the director. A copy of each
26 amendment shall be filed with the state comptroller, the chairman of the
27 senate finance committee and the chairman of the assembly ways and means
28 committee.
29 No part of such appropriation shall be available for the purposes
30 designated until: (i) Nassau county notifies the Nassau county interim
31 finance authority of its intention to request all or a portion of such
32 appropriation; (ii) Nassau county provides to such authority all docu-
33 ments and other materials as deemed necessary by such authority to
34 justify the request; (iii) such authority certifies that all or a
35 portion of such request meets the requirements stated in the next para-
36 graph; and (iv) Nassau county makes a formal request to the director of
37 the budget for all or a portion of such appropriation. Such request
38 shall be accompanied by such authority's certification.
39 All moneys appropriated to the Nassau county interim finance authority
40 as provided therein shall be for the purpose of ensuring that sufficient
41 revenues are available to Nassau county to meet required and essential
42 expenditures and shall be used only in a manner consistent with an
43 approved financial plan, or as otherwise approved, by such authority in
44 accordance with chapter 84 of the laws of 2000 for the fiscal year
45 ending December 31, 2003. Such moneys, when made available pursuant to
46 a certificate of approval of availability issued by the director of the
47 budget, shall be paid from the local assistance account on the audit and
48 warrant of the state comptroller on vouchers approved by any duly
49 authorized officer of the Nassau county interim finance authority.
50 § 23. Moneys appropriated in section 1 of the chapter of the laws of
51 2003 which enacts the public protection and general government budget
52 for local government assistance under state court-approved settlement
53 payment to the city of Yonkers, from the general fund / aid to locali-
54 ties, local assistance account - 001, shall be available for payment to
55 the city of Yonkers for court-approved settlements entered into between
56 the state of New York, the city of Yonkers, the Yonkers board of educa-
S. 1406--B 207 A. 2106--B
1 tion and other parties in order to resolve any and all disputes and
2 court orders arising out of the education portion of the action in the
3 United States district court for the southern district of New York enti-
4 tled United States, et al, v. Yonkers board of education, et al, 80 CIV
5 6761 (LBS). Such amount provides for payment of the state's obligation
6 for the 2003-04 school year as set forth in the schedule accompanying
7 such settlement. The aggregate amount of such payments over the term of
8 the multi-year settlement agreement shall be as set forth in the court-
9 approved settlement agreement, shall not exceed $300,000,000 and shall
10 constitute the complete liquidation of the state's obligation arising
11 out of such action. Consistent with the schedule accompanying such
12 settlement, such appropriation shall remain available for payment after
13 April 1, 2004. Notwithstanding any other provision of law, no payment
14 shall be made from such appropriation without a certificate of approval
15 by the director of the budget.
16 INSURANCE AND SECURITIES FUNDS RESERVE GUARANTEE
17 § 24. Notwithstanding section 40 of the state finance law, moneys
18 appropriated in section 3 of the chapter of the laws of 2003 which
19 enacts the public protection and general government budget for the
20 insurance and securities funds reserve guarantee, under the general fund
21 / state operations, state purposes account - 003, shall remain in effect
22 until a subsequent appropriation is made available.
23 No moneys shall be available for expenditure from such appropriation
24 until a certificate of approval has been issued by the director of the
25 division of the budget and a copy of such certificate has been filed
26 with the state comptroller, the chairman of the senate finance committee
27 and the chairman of the assembly ways and means committee. Such moneys
28 shall be payable on the audit and warrant of the comptroller on vouchers
29 certified or approved in the manner provided by law.
30 LOCAL GOVERNMENT ASSISTANCE
31 § 25. Moneys appropriated in section 3 of the chapter of the laws of
32 2003 which enacts the public protection and general government budget
33 for local government assistance under the municipal assistance state aid
34 fund, from the fiduciary funds / aid to localities, municipal assistance
35 state aid fund, shall be available to:
36 (a) the special account for the municipal assistance corporation for
37 the city of New York for payment pursuant to the provisions of section
38 92-e of the state finance law to the municipal assistance corporation
39 for the city of New York, to the extent required to comply with agree-
40 ments between such corporation and the holders of its notes and bonds
41 and for the corporate purposes of such corporation, and, to the extent
42 not required by such corporation for such purposes, to the city of New
43 York, subject to the following limitations: i) that the first
44 $219,653,099 not required by such corporation be refunded to the state
45 of New York pursuant to sections 54 and 92-e of the state finance law
46 provided that notwithstanding any other provision of law, such amounts
47 to be refunded shall come from general purpose local government aid
48 payments otherwise made on or before March 31, 2004; ii) that the
49 amounts paid from such appropriation to such corporation and such city
50 shall constitute the complete liquidation of the state's obligation for
51 such purposes pursuant to section 54 of the state finance law; and iii)
52 that in no event shall the maximum amount to be paid pursuant to such
S. 1406--B 208 A. 2106--B
1 appropriation exceed the total revenues deposited in the municipal
2 assistance state aid fund for such city pursuant to the provisions of
3 section 92-e of the state finance law; and
4 (b) the special account for the municipal assistance corporation for
5 the city of Troy for payment pursuant to the provisions of section 92-e
6 of the state finance law to the municipal assistance corporation for the
7 city of Troy, to the extent required to comply with the agreements
8 between such corporation and the holders of its notes and bonds, and for
9 the corporate purposes of such corporation, and, to the extent not
10 required by such corporation for such purposes, for payment to the city
11 of Troy for support of local government, provided however, that the
12 maximum amount to be paid pursuant to such appropriation shall not
13 exceed the total of the revenues deposited in the municipal assistance
14 state aid fund for such city pursuant to the provisions of section 92-e
15 of the state finance law.
16 § 26. Moneys appropriated in section 3 of the chapter of the laws of
17 2003 which enacts the public protection and general government budget
18 for local government assistance under the municipal assistance tax fund,
19 from the fiduciary funds / aid to localities municipal assistance tax
20 fund, shall be available to the:
21 (a) special account for the municipal assistance corporation for the
22 city of New York, for payment pursuant to the provisions of section 92-d
23 of the state finance law to the municipal assistance corporation for the
24 city of New York, to the extent required to comply with the agreements
25 between such corporation and the holders of its notes and bonds, and for
26 the corporate purposes of such corporation, and, to the extent not
27 required by such corporation for such purposes, for payment to the city
28 of New York for support of local government, provided however, that the
29 maximum amount to be paid pursuant to such appropriation shall not
30 exceed the total of the revenues derived from municipal assistance sales
31 and compensating use taxes imposed by section 1107 of the tax law, less
32 administrative costs as certified by the commissioner of taxation and
33 finance, and the amount transferred from the stock transfer tax fund
34 established pursuant to section 92-b of the state finance law; and
35 (b) special account for the municipal assistance corporation for the
36 city of Troy, for payment pursuant to the provisions of section 92-d of
37 the state finance law to the municipal assistance corporation for the
38 city of Troy, to the extent required to comply with the agreements
39 between such corporation and the holders of its notes and bonds, and for
40 the corporate purposes of such corporation, and, to the extent not
41 required by such corporation for such purposes, for payment to the city
42 of Troy for support of local government, provided however, that the
43 maximum amount to be paid pursuant to such appropriation shall not
44 exceed the total of the revenues derived from sales and compensating use
45 taxes imposed and collected by sections 1210 and 1262 of the tax law,
46 that would have been received by the city of Troy absent the application
47 of chapter 721 of the laws of 1994.
48 § 27. Moneys appropriated in section 3 of the chapter of the laws of
49 2003 which enacts the public protection and general government budget
50 for local government assistance under the stock transfer tax fund, from
51 the fiduciary funds / aid to localities, stock transfer tax fund, for
52 payment to the municipal assistance tax fund for payment to the munici-
53 pal assistance corporation for the city of New York, shall be made
54 available to the extent required to comply with the agreements between
55 such corporation and the holders of its notes and bonds, and for the
56 corporate purposes of such corporation and to the extent not required by
S. 1406--B 209 A. 2106--B
1 such corporation for such purposes, for payment to the stock transfer
2 incentive fund to the extent required to comply with the certification
3 of the commissioner of taxation and finance provided under section 92-i
4 of the state finance law and to the extent not required by such certif-
5 ication of the commissioner of taxation and finance, for payment to the
6 city of New York for support of local government, provided, however,
7 that the maximum amount to be paid shall not exceed the collections from
8 the stock transfer tax pursuant to article 12 of the tax law, less
9 administrative costs as certified by the commissioner of taxation and
10 finance for deposit to the credit of the general fund-state purposes
11 account.
12 § 28. This act shall take effect immediately and shall be deemed to
13 have been in full force and effect on and after April 1, 2003; provided,
14 that the provisions set forth in this act relating to certain moneys
15 appropriated in chapters of the laws of 2003 entitled "public protection
16 and general government budget bill", shall continue in effect for the
17 period of effectiveness of such appropriations and any subsequent reap-
18 propriations thereof.
19 PART M2
20 DEPARTMENT OF AGRICULTURE AND MARKETS
21 Section 1. Notwithstanding any other provision of law to the contrary,
22 moneys appropriated in section 1 of the chapter of the laws of 2003
23 which enacts the transportation, economic development and environmental
24 conservation budget to the department of agriculture and markets under
25 the agricultural business services program from the general fund / aid
26 to localities, local assistance account - 001, for:
27 (a) services and expenses of the New York state wine/grape foundation
28 shall only be available for a contract stipulating an equal funding
29 match by the foundation and that not less than 30 percent and not more
30 than 50 percent of such moneys shall be applied solely for viticulture,
31 wine making and grape processing research as authorized by paragraph (a)
32 of subdivision 1 of section 10 of chapter 80 of the laws of 1985;
33 (b) New York state cattle health assurance program is thereby author-
34 ized to be transferred by the director of the budget in an amount up to
35 $350,000 to state operations;
36 (c) services and expenses of programs to promote agricultural economic
37 development, including but not limited to farmland viability, shall be
38 expanded in accordance with a programmatic and financial plan to be
39 approved by the director of the budget. The director of the budget is
40 thereby authorized to transfer up to $1,300,000 of such moneys to state
41 operations; and
42 (d) Apiary inspection, the director of the budget is thereby author-
43 ized to transfer up to $100,000 of such moneys to state operations.
44 § 2. Notwithstanding any other provision of law to the contrary,
45 moneys appropriated in section 1 of the chapter of the laws of 2003
46 which enacts the transportation, economic development and environmental
47 conservation budget to the department of agriculture and markets under
48 the agricultural business services program from the special revenue
49 funds - other / state operations, miscellaneous special revenue fund -
50 339, public service account, for direct and indirect expenses of the
51 department of agriculture and markets' participation in certification
52 proceedings pursuant to article 7 of the public service law, shall be
S. 1406--B 210 A. 2106--B
1 deemed expenses of the department of public service within the meaning
2 of section 18-a of the public service law.
3 § 3. Notwithstanding any other provision of law to the contrary,
4 moneys appropriated in section 1 of the chapter of the laws of 2003
5 which enacts the transportation, economic development and environmental
6 conservation budget to the department of agriculture and markets under
7 the agricultural business services program from the fiduciary funds /
8 state operations, milk producers security fund - 022, milk producers'
9 security fund account, for services and expenses of the milk producers'
10 security fund account pursuant to section 258-b of the agriculture and
11 markets law may be used to support the expenses of administering such
12 fund up to the amount of the actual costs incurred for such purpose.
13 DEPARTMENT OF ECONOMIC DEVELOPMENT
14 § 4. Notwithstanding any other provision of law to the contrary,
15 moneys appropriated in section 1 of the chapter of the laws of 2003
16 which enacts the transportation, economic development and environmental
17 conservation budget to the department of economic development under the
18 administration program from the special revenue funds - other / state
19 operations, miscellaneous special revenue fund - 339, public service
20 account, for direct and indirect expenses of the department of economic
21 development's participation in certification proceedings pursuant to
22 article 7 of the public service law shall be deemed expenses of the
23 department of public service within the meaning of section 18-a of the
24 public service law.
25 § 5. Of the moneys appropriated in section 1 of the chapter of the
26 laws of 2003 which enacts the transportation, economic development and
27 environmental conservation budget to the department of economic develop-
28 ment under the economic development program from the general fund / aid
29 to localities, local assistance account - 001, for services and expenses
30 of the New York city watershed pilot offset program in the Catskill-De-
31 laware watershed pursuant to initiatives authorized by the New York city
32 department of environmental protection, funds shall not be expended
33 until the director of the budget has approved a spending plan submitted
34 by the department of economic development in such detail as the director
35 of the budget may require.
36 § 6. Moneys appropriated in section 1 of the chapter of the laws of
37 2003 which enacts the transportation, economic development and environ-
38 mental conservation budget to the department of economic development
39 under the marketing and advertising program from the general fund/ aid
40 to localities, local assistance account - 001 for a local tourism
41 promotion matching grants program pursuant to article 5-A of the econom-
42 ic development law. No funds shall be expended from such appropriation
43 until the director of the budget has approved a spending plan submitted
44 by the department of economic development in such detail as the director
45 of the budget may require.
46 § 7. Notwithstanding any inconsistent provision of law, moneys appro-
47 priated in section 1 of the chapter of the laws of 2003 which enacts the
48 transportation, economic development and environmental conservation
49 budget to the department of economic development under the marketing and
50 advertising program from the general fund / state operations, state
51 purposes account - 003, maintenance undistributed, for services and
52 expenses of tourism marketing, all or a portion of such appropriation
53 may, subject to the approval of the director of the budget, be trans-
54 ferred to the general fund, local assistance account - 001, for a local
S. 1406--B 211 A. 2106--B
1 tourism promotion matching grants program pursuant to article 5-A of the
2 economic development law.
3 § 8. Moneys appropriated in section one of the chapter of the laws of
4 2003 which enacts the transportation, economic development and environ-
5 mental conservation budget to the department of economic development
6 under the economic development program from the general fund/aid to
7 localities, local assistance account - 001 for services and expenses
8 related to the administration of empire zones, pursuant to the
9 provisions of chapter 686 of the laws of 1986. No funds shall be
10 expended from such appropriation until the director of the budget has
11 approved a spending plan in such detail as the director of the budget
12 may require.
13 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
14 § 9. Of the moneys appropriated in section 1 of the chapter of the
15 laws of 2003 which enacts the transportation, economic development and
16 environmental conservation budget to the energy research and development
17 authority under the research, development and demonstration program from
18 the special revenue funds - other / state operations, miscellaneous
19 special revenue fund - 339, energy research and planning account, for
20 services and expenses for the research, development and demonstration
21 program and for services and expenses of the policy and planning
22 program, $750,000 shall be available to the university of Rochester
23 laboratory for laser energetics.
24 DEPARTMENT OF ENVIRONMENTAL CONSERVATION
25 § 10. Notwithstanding any other provision of law to the contrary,
26 moneys appropriated in section 1 of the chapter of the laws of 2003
27 which enacts the transportation, economic development and environmental
28 conservation budget to the department of environmental conservation
29 under the air and water quality management program from the special
30 revenue funds - other / state operations, environmental conservation
31 special revenue fund - 301, utility environmental regulation account,
32 for direct and indirect expenses of the department of environmental
33 conservation's participation in certification proceedings pursuant to
34 article 7 of the public service law; oil, gas, coal and nuclear planning
35 and regulatory and planning activities, and small hydropower, cogenera-
36 tion, alternate energy and electric generation facility sitings shall be
37 deemed expenses of the department of public service within the meaning
38 of section 18-a of the public service law.
39 § 11. Moneys appropriated in section 1 of the chapter of the laws of
40 2003 which enacts the transportation, economic development and environ-
41 mental conservation budget to the department of environmental conserva-
42 tion under the air and water quality management program from the special
43 revenue funds - other / state operations, environmental protection and
44 oil spill compensation fund - 303, department of environmental conserva-
45 tion account, maintenance undistributed, for services and expenses
46 related to the oil spill program, including suballocation to other state
47 departments and agencies shall be expended pursuant to a memorandum of
48 understanding between such department or agency and the department of
49 environmental conservation as approved by the director of the budget.
50 § 12. Moneys appropriated in section 1 of the chapter of the laws of
51 2003 which enacts the transportation, economic development and environ-
52 mental conservation budget to the department of environmental conserva-
S. 1406--B 212 A. 2106--B
1 tion under the environmental enforcement program from the general fund /
2 state operations, state purposes account - 003, maintenance undistrib-
3 uted, shall be made available for services and expenses of the implemen-
4 tation of the New York city watershed agreement for activities includ-
5 ing, but not limited to enforcement, water quality monitoring, technical
6 assistance, establishing a master plan and zoning incentive award
7 program, providing grants to municipalities for reimbursement of plan-
8 ning and zoning activities, and establishing a watershed inspector
9 general's office, including suballocation to the departments of health,
10 state and law.
11 § 13. Moneys appropriated in section 1 of the chapter of the laws of
12 2003 which enacts the transportation, economic development and environ-
13 mental conservation budget to the department of environmental conserva-
14 tion under the environmental enforcement program from the special reven-
15 ue funds - other / state operations, environmental conservation special
16 revenue fund - 301, ENCON-seized assets account, maintenance undistrib-
17 uted, shall be made available for services and expenses of the environ-
18 mental enforcement program in accordance with a programmatic and finan-
19 cial plan which shall be approved by the director of the budget.
20 § 14. Notwithstanding any other provision of law to the contrary,
21 moneys appropriated in section 1 of the chapter of the laws of 2003
22 which enacts the transportation, economic development and environmental
23 conservation budget to the department of environmental conservation
24 under the environmental enforcement program from the special revenue
25 funds - other / state operations, environmental conservation special
26 revenue fund - 301, utility environmental regulation account, shall be
27 expended for direct and indirect expenses of the department of environ-
28 mental conservation's participation in certification proceedings pursu-
29 ant to article 7 of the public service law; oil, gas, coal and nuclear
30 planning and regulatory and planning activities, and small hydropower,
31 cogeneration, alternate energy and electric generation facility sitings
32 but shall be deemed expenses of the department of public service within
33 the meaning of section 18-a of the public service law.
34 § 15. Moneys appropriated in section 1 of the chapter of the laws of
35 2003 which enacts the transportation, economic development and environ-
36 mental conservation budget to the department of environmental conserva-
37 tion under the environment and recreation (CCP) from the environmental
38 protection fund, environment and recreation purpose shall be made avail-
39 able for services and expenses of projects and purposes authorized by
40 section 92-s of the state finance law to receive funding from: (1) the
41 solid waste account in accordance with a programmatic and financial plan
42 to be approved by the director of the budget, including suballocation to
43 other state departments and agencies;
44 (2) the parks, recreation and historic preservation account in accord-
45 ance with a programmatic and financial plan to be approved by the direc-
46 tor of the budget, including suballocation to other state departments,
47 agencies, public benefit corporations, and public authorities, and,
48 notwithstanding any other provision of law to the contrary, in accord-
49 ance with a programmatic and financial plan to be approved by the direc-
50 tor of the budget, including suballocation to other state departments
51 and agencies;
52 (3) the open space account in accordance with a programmatic and
53 financial plan to be approved by the director of the budget, including
54 suballocation to other state departments and agencies, including costs
55 related to the acquisition of the following properties: Long Island
56 Sound Coastal Area; Long Island South Shore Estuary Reserve; Peconic
S. 1406--B 213 A. 2106--B
1 Pinelands Maritime Reserve Projects; Pine Barrens Core, Compatible
2 Growth Area and Critical Resource Area; Western Suffolk/Nassau Special
3 Groundwater Protection Area; Inner City/Underserved Community Parks;
4 Staten Island Greenbelt; Staten Island Wet Woods; Fahnestock State Park;
5 Great Swamp; Neversink Highlands; Plutarch/Black Creek Wetland Complex;
6 Highlands Greenway Corridor; Mongaup Valley Wildlife Management Area;
7 Catskill Mountain/Delaware River Region; Schunnemunk Mountain/Moodna
8 Creek/Woodcock Mountain; Sterling Forest; Shawangunk Mountains; West-
9 chester Marine Corridor; Beaverkill/Willowemoc; Hudson River Corridor
10 Estuary/Greenway Trail; Catskill Unfragmented Forest; Long Path; New
11 York City Watershed Lands-Croton; Taconic Ridge/Harlem Valley; Albany
12 Pine Bush; Five Rivers Environmental Education Center; Pine Bush-Hudson
13 River/Tivoli Preserve; Westmere Woods; Pilot Knob; Floodwood Camp;
14 McLenithan Property; Lake Champlain Shoreline and Wetlands; Wilton Wild-
15 life Preserve and Park; National Lead/Tahawus; Undeveloped Lake George
16 Shore; Whitney Park; Roden Property; Northern Flow River Corridors;
17 Recreational Trail Linkages and Networks; Bog River/Beaver River Headwa-
18 ter Complex; Eastern Lake Ontario Shoreline and Islands; Maumee Swamp;
19 Moose River Corridor; Tug Hill Core Forests and Headwater Streams; Rome
20 Sand Plains; Nelson Swamp; Genesee Greenway/ Recreationway; Genny-Green
21 Trail/Link Trail; Northern Montezuma Wetlands; HiTor/Bristol Hills;
22 Western Finger Lakes: Conesus, Hemlock, Canadice, and Honeoye; Allegany
23 State Park; Alder Bottom Pond/French Creek; Great Lakes and Niagara
24 River Access, Shore Lands and Vistas; Salmon River Corridor; Braddock
25 Bay; Catharine Valley Complex; Clark Reservation State Park; Chautauqua
26 Lake Access, Shore Lands and Vistas; Randolph Swamp; Eighteen Mile
27 Creek/Hampton Brook Woods; Statewide Small Projects; Working Forest
28 Lands, Northern Putnam Greenway; and State Park and State Historic Site
29 Protection.
30 § 16. Moneys appropriated in section 1 of the chapter of the laws of
31 2003 which enacts the transportation, economic development and environ-
32 mental conservation budget to the department of environmental conserva-
33 tion under the operations (CCP) from the capital projects fund, opera-
34 tional services purpose, shall be made available for rehabilitation and
35 improvements of various department facilities and systems including
36 personal services and fringe benefits and indirect costs in accordance
37 with a programmatic and financial plan approved by the director of the
38 budget including suballocation to other state departments and agencies.
39 § 17. Of the moneys appropriated in section 1 of the chapter of the
40 laws of 2003 which enacts the transportation, economic development and
41 environmental conservation budget to the department of environmental
42 conservation under the water resources (CCP) from the capital projects
43 fund, flood control purpose, for the state's share of federally funded
44 flood control projects including personal services, fringe benefits and
45 indirect costs, such appropriation shall not be available until the
46 federal share of such projects is appropriated.
47 § 18. Moneys appropriated in section 1 of the chapter of the laws of
48 2003 which enacts the transportation, economic development and environ-
49 mental conservation budget to the department of environmental conserva-
50 tion under the water resources (CCP) from the capital projects fund,
51 flood control purpose, shall be available for an advance payment by the
52 state for the local costs of various shore protection projects. Such
53 appropriation shall not be available until the respective county has
54 entered into an agreement with the commissioner of the department of
55 environmental conservation, and such agreement is approved by the direc-
56 tor of the budget.
S. 1406--B 214 A. 2106--B
1 DIVISION OF HOUSING AND COMMUNITY RENEWAL
2 § 19. Moneys appropriated in section 1 of the chapter of the laws of
3 2003 which enacts the transportation, economic development and environ-
4 mental conservation budget to the division of housing and community
5 renewal under the housing development fund program from the fiduciary
6 funds / aid to localities, housing development fund - 360, for carrying
7 out the provisions of article XI of the private housing finance law, in
8 relation to providing assistance to not-for-profit housing companies,
9 shall not be expended from such appropriation until the director of the
10 budget has approved a spending plan submitted by the division of housing
11 and community renewal in such detail as the director of the budget may
12 require.
13 § 20. Moneys appropriated in section 1 of the chapter of the laws of
14 2003 which enacts the transportation, economic development and environ-
15 mental conservation budget to the division of housing and community
16 renewal under the neighborhood preservation program from the general
17 fund / aid to localities, local assistance account - 001, for carrying
18 out the provisions of article XVI of the private housing finance law.
19 The commissioner of the division of housing and community renewal shall
20 enter into a contract with the neighborhood preservation coalition to
21 provide technical assistance and services to companies funded pursuant
22 to article XVI of the private housing finance law. Such contract shall
23 be in an amount not less than $75,000. Such program shall not be
24 utilized until the director of the budget has approved a spending plan
25 submitted by the division of housing and community renewal in such
26 detail as the director of the budget may require.
27 § 21. Moneys appropriated in section 1 of the chapter of the laws of
28 2003 which enacts the transportation, economic development and environ-
29 mental conservation budget to the division of housing and community
30 renewal under the periodic subsidies-local areas program from the gener-
31 al fund / aid to localities, local assistance account - 001, for payment
32 of periodic subsidies to cities, towns, villages and housing authorities
33 in accordance with the public housing law, shall not be expended from
34 such appropriation until the director of the budget has approved a
35 spending plan submitted by the division of housing and community renewal
36 in such detail as the director of the budget may require.
37 § 22. Moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the transportation, economic development and environ-
39 mental conservation budget to the division of housing and community
40 renewal under the rural preservation program from the general fund / aid
41 to localities, local assistance account - 001, shall be available for
42 carrying out the provisions of article XVII of the private housing
43 finance law. The commissioner of the division of housing and community
44 renewal shall enter into a contract with the rural housing coalition to
45 provide technical assistance, training and other services to companies
46 funded pursuant to article XVII of the private housing finance law. Such
47 contract shall be in an amount not to exceed $135,000. No funds shall be
48 expended from such appropriation until the director of the budget has
49 approved a spending plan submitted by the division of housing and commu-
50 nity renewal in such detail as the director of the budget may require.
51 § 23. Notwithstanding any other provision of law to the contrary,
52 moneys appropriated in section 1 of the chapter of the laws of 2003
53 which enacts the transportation, economic development and environmental
54 conservation budget to the division of housing and community renewal
55 under the rural rental assistance program from the general fund / aid to
S. 1406--B 215 A. 2106--B
1 localities, local assistance account - 001, for carrying out the
2 provisions of article XVII-A of the private housing finance law in
3 relation to providing assistance to sponsors of housing for persons of
4 low income, may be used by the commissioner of housing and community
5 renewal in support of contracts scheduled to expire in 2003-04 for as
6 many as 10 additional years and in support of contracts for new eligible
7 projects for a period not to exceed 15 years.
8 § 24. Moneys appropriated in section 1 of the chapter of the laws of
9 2003 which enacts the transportation, economic development and environ-
10 mental conservation budget to the division of housing and community
11 renewal from the housing program fund under the:
12 (a) affordable housing corporation (CCP), new facilities purpose, for
13 deposit in the affordable housing development account created pursuant
14 to section 59-b of the private housing finance law for the purposes of
15 carrying out the provisions of article XIX of the private housing
16 finance law, shall not be expended from such appropriation until the
17 director of the budget has approved a financial plan submitted by the
18 affordable housing corporation in such detail as required by the direc-
19 tor of the budget;
20 (b) homes for working families program (CCP), homes for working fami-
21 lies purpose, shall be made available for deposit in the housing trust
22 fund account created pursuant to section 59-a of the private housing
23 finance law and subject to the provisions of article XVIII of the
24 private housing finance law for the purpose of maximizing the state's
25 utilization of federal low income housing tax credits in conjunction
26 with the issuance of tax exempt bonds used to finance affordable hous-
27 ing construction;
28 (c) housing opportunities program for the elderly (CCP), housing
29 opportunities for the elderly purpose, for contracts with not-for-profit
30 corporations or municipalities to provide state financial assistance to
31 administer emergency home repairs programs which provide grants and
32 loans in an amount not to exceed $5,000 per unit for the cost of
33 correcting any condition which poses a threat to the life, health or
34 safety of a low income elderly homeowner, shall not be expended from
35 such appropriation until the director of the budget has approved a
36 financial plan submitted by the housing trust fund corporation on behalf
37 of the housing opportunities for the elderly program in such detail as
38 required by the director of the budget;
39 (d) low income housing trust fund (CCP), new facilities purpose, for
40 deposit in the housing trust fund account created pursuant to section
41 59-a of the private housing finance law for the purposes of carrying out
42 the provisions of article XVIII of the private housing finance law
43 including up to $300,000 to offset housing trust fund corporation costs
44 of administering the low income housing trust fund program established
45 by such article, shall not be expended from such appropriation until the
46 director of the budget has approved a financial plan submitted by the
47 housing trust fund corporation on behalf of the housing trust fund
48 program in such detail as required by the director of the budget; and
49 (e) public housing modernization program (CCP), public housing
50 purpose, shall be made available for services and expenses of a public
51 housing modernization program. Of the amount appropriated therein, the
52 sum of $400,000 shall be allocated for capital project activities asso-
53 ciated with article XII of the public housing law. No funds shall be
54 expended from such appropriation until the director of the budget has
55 approved a financial plan submitted by the housing trust fund corpo-
S. 1406--B 216 A. 2106--B
1 ration on behalf of the public housing modernization program in such
2 detail as required by the director of the budget.
3 HUDSON RIVER PARK TRUST
4 § 25. Moneys appropriated in section 1 of the chapter of the laws of
5 2003 which enacts the transportation, economic development and environ-
6 mental conservation budget to the Hudson River Park Trust from the capi-
7 tal projects fund under the regional development (CCP), regional devel-
8 opment purpose, shall be made available for an advance by the state for
9 the New York city costs of the Hudson River Park project, provided that
10 the comptroller is authorized and directed to release moneys to the
11 Hudson River Park Trust in amounts set forth in a schedule approved by
12 the director of the budget, and provided further that no portion of such
13 appropriation shall be available until New York city has entered into an
14 agreement with the chairman of the Hudson River Park Trust, and such
15 agreement is approved by the director of the budget. Such agreement
16 shall require New York city to repay to the state an amount equal to the
17 amount disbursed from such appropriation within 90 days after being
18 notified by the state of the disbursement of such appropriation by the
19 Hudson River Park Trust to its vendors. Such agreement shall further
20 provide that in the event amounts disbursed from such appropriation are
21 not repaid within such period, the director of the budget shall certify
22 the amount not repaid to the comptroller, and the comptroller shall, to
23 the extent not otherwise prohibited by law or state covenant, withhold
24 such amount from the next succeeding payment of per capita assistance to
25 be apportioned to New York city subject to the following limitations:
26 prior to withholding amounts due the state from the city, the comp-
27 troller shall pay in full any amount due the state of New York municipal
28 bond bank agency, on account of the city's obligation to such agency;
29 the city university construction fund pursuant to the provisions of the
30 city university construction fund act; the New York city housing devel-
31 opment corporation, pursuant to the provisions of the New York city
32 housing development corporation act (article XII of the private housing
33 finance law); the transit construction fund, pursuant to the provisions
34 of title 9-a of article 5 of the public authorities law; pursuant to
35 section 92-e of the state finance law, any amounts necessary for
36 payments to holders of bonds or notes as certified by the municipal
37 assistance corporation for the city of New York created under article 10
38 of the public authorities law; and the dormitory authority of the state
39 of New York, pursuant to section 1680-b of the public authorities law.
40 DIVISION OF LOTTERY
41 § 26. Moneys appropriated in section 1 of the chapter of the laws of
42 2003 which enacts the transportation, economic development and environ-
43 mental conservation budget to the division of lottery under the adminis-
44 tration of the lottery program from the special revenue funds - other /
45 state operations, state lottery fund - 160, shall be made available for
46 services and expenses of the division of the lottery including instant
47 ticket printing, instant ticket vending machines (ITVMs), and terminal
48 leasing and maintenance, providing that moneys thereby appropriated
49 shall be available to the division net of refunds, rebates, reimburse-
50 ments and credits. A portion of such appropriation may be used for
51 suballocation to the office of the inspector general for services and
52 expenses, including fringe benefits.
S. 1406--B 217 A. 2106--B
1 § 27. Moneys appropriated in section 1 of the chapter of the laws of
2 2003 which enacts the transportation, economic development and environ-
3 mental conservation budget to the division of lottery, under the state-
4 wide gaming program from the special revenue funds - other / state oper-
5 ations, miscellaneous special revenue fund - 339, statewide gaming
6 account shall be made available for services and expenses related to the
7 state's administration of video lottery gaming and Indian gaming author-
8 ized by chapter 383 of the laws of 2001 pursuant to an allocation plan
9 approved by the director of the budget, copies of which shall be deliv-
10 ered to the chairman of the senate finance committee and the chairman of
11 the assembly ways and means committee. Moneys thereby appropriated
12 shall be available to the division net of refunds, rebates, reimburse-
13 ments and credits. All or a portion of such appropriation may be trans-
14 ferred to the division of state police, the state racing and wagering
15 board, and/or any other state department or agency for services and
16 expenses related to the administration of video lottery gaming and Indi-
17 an gaming activities authorized by chapter 383 of the laws of 2001.
18 DEPARTMENT OF MOTOR VEHICLES
19 § 28. Moneys appropriated in section 1 of the chapter of the laws of
20 2003 which enacts the transportation, economic development and environ-
21 mental conservation budget to the department of motor vehicles under the
22 governor's traffic safety committee from the special revenue funds -
23 federal / aid to localities, federal operating grants fund - 290, high-
24 way safety section 402 account, for the grant period October 1, 2002 to
25 September 30, 2003 and October 1, 2003 to September 30, 2004, for
26 services and expenses related to local governments' federal highway
27 safety projects shall be made available pursuant to an allocation plan
28 subject to the approval of the director of the budget.
29 § 29. Moneys appropriated in section 1 of the chapter of the laws of
30 2003 which enacts the transportation, economic development and environ-
31 mental conservation budget to the department of motor vehicles from the
32 dedicated highway and bridge trust fund - 072, under the transportation
33 support (CCP), transportation support purpose, for services and expenses
34 of the department of motor vehicles including personal services, nonper-
35 sonal services, fringe benefits and maintenance undistributed shall be
36 made available for projects with a common purpose and, except mainte-
37 nance undistributed, may be interchanged without limitation subject to
38 the approval of the director of the budget.
39 § 30. Notwithstanding any inconsistent provision of law, with regard
40 to the moneys appropriated in section 1 of the chapter of the laws of
41 2003 which enacts the transportation, economic development and environ-
42 mental conservation budget to the department of motor vehicles from the
43 dedicated highway and bridge trust fund - 072, under the transportation
44 support (CCP), transportation support purpose, for the costs associated
45 with the services and expenses of stationary offices, the commissioner
46 of motor vehicles shall establish, operate and maintain a stationary
47 full-service office within any city within the county of Monroe with a
48 population of two hundred thousand or more in which the commissioner
49 operated a department of motor vehicles office as of January 1, 2003
50 that closed to the public on or before April 1, 2003, and within any
51 hamlet within the town of Brookhaven within the county of Suffolk with a
52 population of not less than seven thousand nor more than ten thousand in
53 which the commissioner operated a department of motor vehicles as of
54 January 1, 2003. Such offices shall provide a full range of services to
S. 1406--B 218 A. 2106--B
1 the public, which shall include, but not be limited to, registration of
2 motor vehicles, motorcycles, snowmobiles, vessels, all terrain vehicles
3 and the issuance of number plates, special number plates and distinctive
4 plates therefor; issuance of certificates of title; issuance of non-dri-
5 ver identification cards and driver's licenses; administration of motor
6 vehicle enforcement transactions; receipt of surrendered number plates,
7 special number plates and distinctive plates, including such plates for
8 rental vehicles; and, administration of knowledge tests for drivers'
9 licenses, learners' permits and endorsements which also shall be made
10 available in alternative formats pursuant to the provisions of clause
11 (B) of subparagraph (ii) of paragraph (a) of subdivision 2 of section
12 503 of the vehicle and traffic law. Such services shall be in compli-
13 ance with the applicable provisions of the vehicle and traffic law, and
14 shall be provided in person; provided, however, that nothing contained
15 herein shall be deemed to prohibit the commissioner from offering any
16 service via mail or electronic means provided that such service is also
17 available in person at such office. Provided, however, that the commis-
18 sioner, at his or her discretion, may continue to provide the same
19 services at each particular office that were offered at each particular
20 office as of January 1, 2003. In no event shall the commissioner offer
21 fewer services at each particular office than were provided at each
22 particular office as of January 1, 2003. Provision of additional
23 services other than the services in the aforementioned list is at the
24 discretion of the commissioner of motor vehicles, except that whatever
25 additional services may be necessary to provide the aforementioned
26 services also shall be provided.
27 OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
28 § 31. Notwithstanding any other provision of law to the contrary,
29 moneys appropriated in section 1 of the chapter of the laws of 2003
30 which enacts the transportation, economic development and environmental
31 conservation budget to the office of parks, recreation and historic
32 preservation under the administration program from the general fund /
33 aid to localities, local assistance account - 001, shall be made avail-
34 able for the administration of the programs of section 79-b of the navi-
35 gation law.
36 § 32. Notwithstanding any other provision of law to the contrary,
37 moneys appropriated in section 1 of the chapter of the laws of 2003
38 which enacts the transportation, economic development and environmental
39 conservation budget to the office of parks, recreation and historic
40 preservation under the historic preservation program from the special
41 revenue funds - other / state operations, miscellaneous special revenue
42 fund - 339, public service account, for direct and indirect expenses of
43 the office of parks, recreation and historic preservation's partic-
44 ipation in certification proceedings pursuant to article 7 of the public
45 service law, shall be deemed expenses of the department of public
46 service within the meaning of section 18-a of the public service law.
47 § 33. Moneys appropriated in section 1 of the chapter of the laws of
48 2003 which enacts the transportation, economic development and environ-
49 mental conservation budget to the office of parks, recreation and
50 historic preservation under the park operations program from the general
51 fund / state operations, state purposes account - 003, shall be made
52 available for services and expenses of park police in accordance with a
53 programmatic and financial plan to be approved by the director of the
S. 1406--B 219 A. 2106--B
1 budget and including suballocation to other state departments and agen-
2 cies.
3 § 34. Notwithstanding any other provision of law to the contrary,
4 moneys appropriated in section 1 of the chapter of the laws of 2003
5 which enacts the transportation, economic development and environmental
6 conservation budget to the office of parks, recreation and historic
7 preservation under the park operations program from the special revenue
8 funds - other / state operations, miscellaneous special revenue fund -
9 339, I Love NY water account, shall be made available for services and
10 expenses related to boating access and maintenance in accordance with a
11 plan to be approved by the director of the budget. The director of the
12 budget is thereby authorized to transfer any or all of such appropri-
13 ation to the capital projects fund or aid to localities.
14 § 35. Moneys appropriated in section 1 of the chapter of the laws of
15 2003 which enacts the transportation, economic development and environ-
16 mental conservation budget to the office of parks, recreation and
17 historic preservation under the park operations program from the special
18 revenue funds - other / state operations, miscellaneous special revenue
19 fund - 339, patron services account, shall be made available for
20 services and expenses for operations and maintenance of Gallagher beach
21 state park, in accordance with a programmatic and financial plan to be
22 approved by the director of the budget.
23 § 36. Of the moneys appropriated in section 1 of the chapter of the
24 laws of 2003 which enacts the transportation, economic development and
25 environmental conservation budget to the office of parks, recreation and
26 historic preservation from the federal capital projects fund - 291,
27 under the federal capital projects fund (CCP), preservation of facili-
28 ties purpose, for the federal government's share of the cost to prepare
29 and review plans, specifications and estimates, for the acquisition of
30 property and for the construction, expansion and rehabilitation of state
31 facilities for recreation, portions of such appropriation may be subal-
32 located to other state agencies for such eligible projects subject to
33 the approval of the director of the budget.
34 OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH
35 § 37. Moneys appropriated in section 1 of the chapter of the laws of
36 2003 which enacts the transportation, economic development and environ-
37 mental conservation budget to the office of science, technology and
38 academic research under the high technology program from the general
39 fund / aid to localities, local assistance account - 001, for services
40 and expenses related to the following:
41 (a) For centers for advanced technology, for matching grants to desig-
42 nated centers for advanced technology, pursuant to subdivision 3 of
43 section 3102-b of the public authorities law, shall not be expended from
44 such appropriation until the director of the budget has approved a
45 spending plan submitted by the office of science, technology and academ-
46 ic research in such detail as the director of the budget may require;
47 (b) For college applied research centers, for matching grants to
48 designated college applied research centers, pursuant to section 209-t
49 of article 10-B of the executive law, shall not be expended from such
50 appropriation until the director of the budget has approved a spending
51 plan submitted by the office of science, technology and academic
52 research in such detail as the director of the budget may require;
53 (c) For Syracuse university sensing, analyzing, interpreting and
54 deciding center - SAID, shall not be expended from such appropriation
S. 1406--B 220 A. 2106--B
1 until the director of the budget has approved a spending plan submitted
2 by the office of science, technology and academic research in such
3 detail as the director of the budget may require;
4 (d) For technology development organization matching grants, to be
5 awarded on a competitive basis in accordance with the provisions of
6 section 3102-d of the public authorities law, notwithstanding any incon-
7 sistent provision of law, may be suballocated by the director of the
8 budget up to the full amount of such appropriation to any department,
9 agency or authority, provided that funds shall not be expended from such
10 appropriation until the director of the budget has approved a spending
11 plan submitted by the office of science, technology and academic
12 research in such detail as the director of the budget may require;
13 (e) For industrial technology extension service, notwithstanding any
14 inconsistent provision of law, may be suballocated by the director of
15 the budget up to the full amount of such appropriation to any depart-
16 ment, agency or authority, provided that funds shall not be expended
17 from such appropriation until the director of the budget has approved a
18 spending plan submitted by the office of science, technology and academ-
19 ic research in such detail as the director of the budget may require;
20 (f) For focus center - New York, shall not be expended from such
21 appropriation until the director of the budget has approved a spending
22 plan submitted by the office of science, technology and academic
23 research in such detail as the director of the budget may require;
24 (g) For matching grants to leverage resources from federal or private
25 sources including but not limited to the national science foundation,
26 businesses, industry consortiums, foundations, and other organizations
27 for efforts associated with high technology economic development,
28 including the payment of liabilities incurred prior to April 1, 2003,
29 shall not be expended from such appropriation until the director of the
30 budget has approved a spending plan submitted by the office of science,
31 technology and academic research in such detail as the director of the
32 budget may require;
33 (h) For Cornell university/NSF nanobiotechnology, shall not be
34 expended from such appropriation until the director of the budget has
35 approved a spending plan submitted by the office of science, technology
36 and academic research in such detail as the director of the budget may
37 require;
38 (i) For Cornell university/NSF materials research science and engi-
39 neering center, shall not be expended from such appropriation until the
40 director of the budget has approved a spending plan submitted by the
41 office of science, technology and academic research in such detail as
42 the director of the budget may require;
43 (j) For Cornell university/NSF nanoscale science and engineering
44 center, shall not be expended from such appropriation until the director
45 of the budget has approved a spending plan submitted by the office of
46 science, technology and academic research in such detail as the director
47 of the budget may require;
48 (k) For Columbia university/NSF nanoscale science and engineering
49 center, shall not be expended from such appropriation until the director
50 of the budget has approved a spending plan submitted by the office of
51 science, technology and academic research in such detail as the director
52 of the budget may require;
53 (l) For RPI/NSF nanoscale science and engineering center, shall not be
54 expended from such appropriation until the director of the budget has
55 approved a spending plan submitted by the office of science, technology
S. 1406--B 221 A. 2106--B
1 and academic research in such detail as the director of the budget may
2 require; and
3 (m) For RPI semiconductor research corporation (SRC) center for
4 advanced interconnect systems technologies (CAIST), including the
5 payment of liabilities incurred prior to April 1, 2003, shall not be
6 expended from such appropriation until the director of the budget has
7 approved a spending plan submitted by the office of science, technology
8 and academic research in such detail as the director of the budget may
9 require.
10 § 38. Notwithstanding any inconsistent provision of law, of the moneys
11 appropriated in section 1 of the chapter of the laws of 2003 which
12 enacts the transportation, economic development and environmental
13 conservation budget to the office of science, technology and academic
14 research under the training and business assistance program from the
15 general fund / aid to localities, local assistance account - 001, for
16 services and expenses of state matching funds for the federal manufac-
17 turing extension partnership program, the director of the budget may
18 suballocate up to the full amount of such appropriation to any depart-
19 ment, agency or authority, provided that funds shall not be expended
20 from such appropriation until the director of the budget has approved a
21 spending plan submitted by the office of science, technology and academ-
22 ic research in such detail as the director of the budget may require.
23 § 39. Notwithstanding any inconsistent provision of law, of the moneys
24 appropriated in section 1 of the chapter of the laws of 2003 which
25 enacts the transportation, economic development and environmental
26 conservation budget to the office of science, technology and academic
27 research under the training and business assistance program from the
28 special revenue funds - federal / aid to localities, federal operating
29 grants fund - 290, federal miscellaneous grants account, maintenance
30 undistributed, for the grant period beginning on or before March 31,
31 2004, the director of the budget may suballocate up to the full amount
32 of such appropriation to any department, agency or authority.
33 § 40. Notwithstanding any inconsistent provision of law, of the moneys
34 appropriated in section 1 of the chapter of the laws of 2003 which
35 enacts the transportation, economic development and environmental
36 conservation budget to the office of science, technology and academic
37 research under the training and business assistance program from the
38 special revenue funds - federal / aid to localities, federal operating
39 grants fund - 290, manufacturing extension partnership program account,
40 maintenance undistributed, the director of the budget may suballocate up
41 to the full amount of such appropriation to any department, agency or
42 authority.
43 DEPARTMENT OF TRANSPORTATION
44 § 41. Of the moneys appropriated in section 1 of the chapter of the
45 laws of 2003 which enacts the transportation, economic development and
46 environmental conservation budget to the department of transportation
47 under the dedicated mass transportation fund program from the special
48 revenue funds - other / aid to localities, dedicated mass transportation
49 trust fund - 073, to the metropolitan transportation authority for
50 deposit in the metropolitan transportation authority dedicated tax fund
51 for the expenses of the New York city transit authority, the Manhattan
52 and Bronx surface transit operating authority, and the Staten Island
53 rapid transit operating authority, the Long Island rail road company and
54 the Metro-North commuter railroad company which includes the New York
S. 1406--B 222 A. 2106--B
1 state portion of the Harlem, Hudson, Port Jervis, Pascack, and the New
2 Haven commuter railroad service regardless of whether the services are
3 provided directly or pursuant to joint service agreements, no expendi-
4 ture shall be made thereunder until a certificate of approval has been
5 issued by the director of the budget and a copy of such certificate
6 filed with the state comptroller, the chairperson of the senate finance
7 committee and the chairperson of the assembly ways and means committee.
8 Such moneys may be made available at such times and upon such conditions
9 as may be deemed appropriate by the commissioner of transportation and
10 the director of the budget in accordance with the following:
11 (a) To the metropolitan transportation authority for the operating
12 expenses of the New York city transit authority, the Manhattan and Bronx
13 surface transit operating authority, and the Staten Island rapid transit
14 operating authority; and
15 (b) To the metropolitan transportation authority for the operating
16 expenses of the Long Island rail road company and the Metro-North commu-
17 ter railroad company which include operating expenses for the New York
18 state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven
19 commuter railroad services regardless of whether such services are
20 provided directly or pursuant to joint service agreements.
21 § 42. Moneys appropriated in section 1 of the chapter of the laws of
22 2003 which enacts the transportation, economic development and environ-
23 mental conservation budget to the department of transportation under the
24 mass transportation assistance program from the general fund / aid to
25 localities, local assistance account - 001, shall be made available for
26 payment to the metropolitan transportation authority for the costs of
27 the reduced fare for school children program, provided that no expendi-
28 ture shall be made thereunder until a certificate of approval has been
29 issued by the director of the budget and a copy of such certificate
30 filed with the state comptroller, the chairperson of the senate finance
31 committee and the chairperson of the assembly ways and means committee.
32 Such moneys may be made available at such times as deemed appropriate by
33 the commissioner of transportation and the director of the budget.
34 § 43. Moneys appropriated in section 1 of the chapter of the laws of
35 2003 which enacts the transportation, economic development and environ-
36 mental conservation budget to the department of transportation under the
37 mass transportation operating assistance fund program from the special
38 revenue funds - other / aid to localities, mass transportation operating
39 assistance fund - 313, metropolitan mass transportation operating
40 assistance account, shall be made available provided that payments from
41 such appropriation shall be made pursuant to a financial plan approved
42 by the director of the budget notwithstanding any inconsistent provision
43 of law and subject to the provisions of this section:
44 (a) to the metropolitan transportation authority for the operating
45 expenses of the New York city transit authority, the Manhattan and Bronx
46 surface transit operating authority, and the Staten Island rapid transit
47 operating authority;
48 (b) to the metropolitan transportation authority for the operating
49 expenses of the Long Island rail road company and the Metro-North commu-
50 ter railroad company which includes the New York state portion of
51 Harlem, Hudson, Port Jervis, Pascack, and the New Haven commuter rail-
52 road services regardless of whether the services are provided directly
53 or pursuant to joint service agreements;
54 (c) to Rockland county for a trans-Hudson bus service to be provided
55 pursuant to a contract between Rockland county and Metro-North commuter
56 railroad;
S. 1406--B 223 A. 2106--B
1 (d) to the city of New York for the operating expenses of the Staten
2 Island ferry notwithstanding any other provisions of law;
3 (e) to the county of Westchester for the operating expenses thereof
4 incurred for public transportation services, provided within the county
5 directly or under contract;
6 (f) to the county of Nassau or its sub-grantees for the operating
7 expenses thereof incurred for public transportation services;
8 (g) to the county of Suffolk for operating expenses thereof incurred
9 for public transportation services, provided within the county directly
10 or under contract;
11 (h) to the city of New York for the operating expenses thereof
12 incurred for public transportation services, provided within the city
13 directly or under contract;
14 (i) to all other public transportation systems serving primarily with-
15 in the metropolitan commuter transportation district, as defined in
16 section 1262 of the public authorities law, eligible to receive operat-
17 ing assistance under the provisions of section 18-b of the transporta-
18 tion law for the operating expenses thereof in accordance with a service
19 and usage formula to be established by the commissioner of transporta-
20 tion with the approval of the director of the budget; and
21 (j) for supplemental transportation operating assistance to public
22 transportation systems eligible to receive assistance from this account,
23 to the extent available and necessary for costs incurred in state fiscal
24 year 2003-04, in an amount to be determined by the commissioner of
25 transportation subject to the approval of the director of the budget.
26 Such moneys may be made available for incentive payments to public
27 transportation systems which achieve service or financial benchmarks
28 specified in an annual incentive plan to be submitted by the commission-
29 er of transportation and approved by the director of the budget.
30 Notwithstanding any provisions of section 18-b of the transportation law
31 or any other law, such moneys may be made available at such times and
32 upon such conditions as may be deemed appropriate by the commissioner of
33 transportation and the director of the budget.
34 § 44. Moneys appropriated in section 1 of the chapter of the laws of
35 2003 which enacts the transportation, economic development and environ-
36 mental conservation budget to the department of transportation under the
37 mass transportation assistance fund program from the special revenue
38 funds - other / aid to localities, mass transportation operating assist-
39 ance fund - 313, public transportation systems operating assistance
40 account, shall be made available provided that payments from such appro-
41 priation shall be made pursuant to a financial plan approved by the
42 director of the budget notwithstanding any inconsistent provision of law
43 and subject to the provisions of this section:
44 (a) to the Capital District transportation authority for the operating
45 expenses thereof;
46 (b) to the Central New York regional transportation authority for the
47 operating expenses thereof;
48 (c) to the Rochester-Genesee regional transportation authority for the
49 operating expenses thereof;
50 (d) to the Niagara Frontier transportation authority for the operating
51 expenses thereof;
52 (e) to all other public transportation bus systems serving primarily
53 areas outside of the metropolitan transportation commuter district
54 eligible to receive operating assistance under the provisions of section
55 18-b of the transportation law for the operating expenses thereof in
56 accordance with the service and usage formula to be established by the
S. 1406--B 224 A. 2106--B
1 commissioner of transportation with the approval of the director of the
2 budget; and
3 (f) for supplemental transportation operating assistance to public
4 transportation systems eligible to receive assistance from this account,
5 to the extent available and necessary for costs incurred in state fiscal
6 year 2003-04, in an amount to be determined by the commissioner of
7 transportation subject to the approval of the director of the budget.
8 Such moneys may be made available for incentive payments to public
9 transportation systems which achieve service or financial benchmarks
10 specified in an annual incentive plan to be submitted by the commission-
11 er of transportation and approved by the director of the budget.
12 Notwithstanding any provisions of section 18-b of the transportation law
13 or any other law, such moneys therein may be made available at such
14 times and upon such conditions as may be deemed appropriate by the
15 commissioner of transportation and the director of the budget.
16 § 45. Moneys appropriated in section 1 of the chapter of the laws of
17 2003 which enacts the transportation, economic development and environ-
18 mental conservation budget to the department of transportation under the
19 mass transportation operating assistance program from the general fund /
20 aid to localities, local assistance account - 001, shall be made avail-
21 able for payment of mass transportation operating assistance pursuant to
22 section 18-b of the transportation law notwithstanding any inconsistent
23 provisions of law and subject to the provisions of this section:
24 (a) to the metropolitan transportation authority for the operating
25 expenses of the New York city transit authority, the Manhattan and Bronx
26 surface transit operating authority, and the Staten Island rapid transit
27 operating authority, provided, however, that $10,000,000 may be paid to
28 the metropolitan transportation authority on or after April 1, 2004 but
29 not later than May 10, 2004;
30 (b) to the metropolitan transportation authority for the operating
31 expenses of the Long Island rail road company and the Metro-North commu-
32 ter railroad company which include operating expenses for the New York
33 state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven
34 commuter railroad services regardless of whether such services are
35 provided directly or pursuant to joint service agreements;
36 (c) to the Capital District transportation authority for the operating
37 expenses thereof;
38 (d) to the Central New York regional transportation authority for the
39 operating expenses thereof;
40 (e) to the Rochester-Genesee regional transportation authority for the
41 operating expenses thereof;
42 (f) to the Niagara Frontier transportation authority for the operating
43 expenses thereof;
44 (g) to the city of New York for the operating expenses of the Staten
45 Island ferry notwithstanding any other provision of law;
46 (h) to the county of Westchester for the operating expenses thereof
47 incurred for the public transportation services, provided within the
48 county directly or under contract;
49 (i) to the county of Nassau or its sub-grantees for the operating
50 expenses thereof incurred for public transportation services;
51 (j) to the county of Suffolk for operating expenses thereof incurred
52 for public transportation services, provided within the county directly
53 or under contract;
54 (k) to the city of New York for the operating expenses thereof
55 incurred for public transportation services, provided within the city
56 directly or under contract;
S. 1406--B 225 A. 2106--B
1 (l) to all other public transportation systems serving primarily with-
2 in the metropolitan transportation commuter district eligible to receive
3 operating assistance under the provisions of section 18-b of the trans-
4 portation law for the operating expenses thereof in accordance with a
5 service and usage formula to be established by the commissioner of
6 transportation with the approval of the director of the budget; and
7 (m) to all other public transportation systems serving primarily
8 outside the metropolitan transportation commuter district eligible to
9 receive operating assistance under the provisions of section 18-b of the
10 transportation law for the operating expenses thereof in accordance with
11 a service and usage formula to be established by the commissioner of
12 transportation with the approval of the director of the budget.
13 § 46. Moneys appropriated in section 1 of the chapter of the laws of
14 2003 which enacts the transportation, economic development and environ-
15 mental conservation budget to the department of transportation under the
16 mass transportation operating assistance program from the special reven-
17 ue funds - other / aid to localities, mass transportation operating
18 assistance fund - 313, metropolitan mass transportation operating
19 assistance account, shall be made available for the payment of mass
20 transportation operating assistance pursuant to section 18-b of the
21 transportation law and section 88-a of the state finance law notwith-
22 standing any inconsistent provision of law and subject to the provisions
23 of this section:
24 (a) to the metropolitan transportation authority for the operating
25 expenses of the New York city transit authority, the Manhattan and Bronx
26 surface transit operating authority, and the Staten Island rapid transit
27 operating authority;
28 (b) to the metropolitan transportation authority for the operating
29 expenses of the Long Island rail road company and the Metro-North commu-
30 ter railroad company which include operating expenses for the New York
31 state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven
32 commuter railroad services regardless of whether such services are
33 provided directly or pursuant to joint service agreements;
34 (c) to the city of New York for the operating expenses of the Staten
35 Island ferry;
36 (d) to the county of Westchester for the operating expenses thereof
37 incurred for public transportation services, provided within the county
38 directly or under contract;
39 (e) to the county of Nassau or its sub-grantees for the operating
40 expenses thereof incurred for public transportation services;
41 (f) to the county of Suffolk for operating expenses thereof incurred
42 for public transportation services, provided within the county directly
43 or under contract;
44 (g) to the city of New York for the operating expenses thereof
45 incurred for public transportation services, provided within the city
46 directly or under contract; and
47 (h) to eligible public transportation systems serving primarily within
48 the metropolitan transportation commuter district, as defined in section
49 1262 of the public authorities law, eligible to receive operating
50 assistance under the provisions of section 18-b of the transportation
51 law for the operating expenses thereof in accordance with a service and
52 usage formula to be established by the commissioner of transportation
53 with the approval of the director of the budget.
54 § 47. Moneys appropriated in section 1 of the chapter of the laws of
55 2003 which enacts the transportation, economic development and environ-
56 mental conservation budget to the department of transportation under the
S. 1406--B 226 A. 2106--B
1 mass transportation operating assistance program from the special reven-
2 ue funds - other / aid to localities, mass transportation operating
3 assistance fund - 313, public transportation systems operating assist-
4 ance account, shall be made available for payment of mass transportation
5 operating assistance pursuant to section 18-b of the transportation law
6 and section 88-a of the state finance law notwithstanding any inconsist-
7 ent provision of law and subject to the provisions of this section:
8 (a) to the Capital District transportation authority for the operating
9 expenses thereof;
10 (b) to the Central New York regional transportation authority for the
11 operating expenses thereof;
12 (c) to the Rochester-Genesee regional transportation authority for the
13 operating expenses thereof;
14 (d) to the Niagara Frontier transportation authority for the operating
15 expenses thereof; and
16 (e) to all other public transportation bus systems serving areas
17 outside of the metropolitan transportation commuter district eligible to
18 receive operating assistance under the provisions of section 18-b of the
19 transportation law for the operating expenses thereof in accordance with
20 the service and usage formula to be established by the commissioner of
21 transportation with the approval of the director of the budget.
22 § 48. Moneys appropriated in section 1 of the chapter of the laws of
23 2003 which enacts the transportation, economic development and environ-
24 mental conservation budget to the department of transportation under the
25 mass transportation special assistance program from the general fund /
26 aid to localities, local assistance account - 001, shall be made avail-
27 able for the payment of operating expenses for public transportation
28 systems serving primarily outside the metropolitan transportation commu-
29 ter district notwithstanding any inconsistent provision of law and
30 subject to the provisions of this section:
31 (a) to the Capital District transportation authority for the operating
32 expenses thereof;
33 (b) to the Central New York regional transportation authority for the
34 operating expenses thereof;
35 (c) to the Rochester-Genesee regional transportation authority for the
36 operating expenses thereof;
37 (d) to the Niagara Frontier transportation authority for the operating
38 expenses thereof; and
39 (e) to all other public transportation bus systems serving areas
40 outside of the metropolitan transportation commuter district eligible to
41 receive operating assistance under the provisions of section 18-b of the
42 transportation law for the operating expenses thereof in accordance with
43 the service and usage formula to be established by the commissioner of
44 transportation with the approval of the director of the budget.
45 § 49. Moneys appropriated in section 1 of the chapter of the laws of
46 2003 which enacts the transportation, economic development and environ-
47 mental conservation budget to the department of transportation under the
48 additional mass transportation assistance program from the general fund
49 / aid to localities, local assistance account - 001, shall be made
50 available for the payment of mass transportation operating assistance
51 provided that payments from such appropriation shall be made pursuant to
52 a financial plan approved by the director of the budget notwithstanding
53 any inconsistent provision of law and subject to the provisions of this
54 section:
55 (a) to the metropolitan transportation authority for the operating
56 expenses of the Long Island railroad company and the Metro-North commu-
S. 1406--B 227 A. 2106--B
1 ter railroad company which include operating expenses for the New York
2 state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven
3 commuter railroad services regardless of whether such services are
4 provided directly or pursuant to joint service agreements;
5 (b) to the city of New York for the operating expenses of the Staten
6 Island ferry;
7 (c) to the county of Westchester for the operating expenses thereof
8 incurred for public transportation services, provided within the county
9 directly or under contract;
10 (d) to the county of Nassau or its sub-grantees for the operating
11 expenses thereof incurred for public transportation services;
12 (e) to the county of Suffolk for the operating expenses thereof
13 incurred for public transportation services, provided within the county
14 directly or under contract;
15 (f) to the city of New York for the operating expenses thereof
16 incurred for public transportation services, provided within the city
17 directly or under contract;
18 (g) to all other public transportation systems serving primarily with-
19 in the metropolitan commuter transportation district, as defined in
20 section 1262 of the public authorities law, eligible to receive operat-
21 ing assistance under the provisions of section 18-b of the transporta-
22 tion law for the operating expenses thereof in accordance with a service
23 and usage formula to be established by the commissioner of transporta-
24 tion with the approval of the director of the budget;
25 (h) to the Capital District transportation authority for the operating
26 expenses thereof;
27 (i) to the Central New York regional transportation authority for the
28 operating expenses thereof;
29 (j) to the Rochester-Genesee regional transportation authority for the
30 operating expenses thereof;
31 (k) to the Niagara Frontier transportation authority for the operating
32 expenses thereof; and
33 (l) to all other public transportation systems serving primarily
34 outside of the metropolitan commuter transportation district eligible to
35 receive operating assistance under the provisions of section 18-b of the
36 transportation law for the operating expenses thereof in accordance with
37 a service and usage formula to be established by the commissioner of
38 transportation with the approval of the director of the budget.
39 § 50. Notwithstanding any provision of law, moneys appropriated in
40 section 1 of the chapter of the laws of 2003 which enacts the transpor-
41 tation, economic development and environmental conservation budget to
42 the department of transportation under the office of passenger and
43 freight transportation program from the special revenue funds - other /
44 state operations, mass transportation operating assistance fund - 313,
45 metropolitan mass transportation operating assistance account, shall be
46 made available for services and expenses related to the administration
47 of the mass transportation operating assistance program including bus
48 inspections primarily within the metropolitan commuter transportation
49 district, provided, however, $100,000 of such appropriation shall be
50 made available for contractual services for the purpose of auditing and
51 examining the accounts, books, records, documents, and papers of trans-
52 portation operators receiving mass transportation operating assistance
53 payments serving primarily within the metropolitan commuter transporta-
54 tion district when the commissioner of transportation deems such audits
55 necessary. Such contracts may also include, but not be limited to,
S. 1406--B 228 A. 2106--B
1 recommendations to achieve economies and efficiencies in the state
2 transportation operating assistance program.
3 § 51. Notwithstanding any other provision of law, moneys appropriated
4 in section 1 of the chapter of the laws of 2003 which enacts the trans-
5 portation, economic development and environmental conservation budget to
6 the department of transportation under the office of passenger and
7 freight transportation program from the special revenue funds - other /
8 state operations, mass transportation operating assistance fund - 313,
9 public transportation systems operating assistance account, shall be
10 made available for services and expenses related to the administration
11 of the mass transportation operating assistance program including bus
12 inspections primarily outside of the metropolitan commuter transporta-
13 tion district, provided, however, $100,000 of such appropriation shall
14 be made available for contractual services for the purpose of auditing
15 and examining the accounts, books, records, documents, and papers of
16 transportation operators receiving mass transportation operating assist-
17 ance payments serving primarily outside of the metropolitan commuter
18 transportation district when the commissioner of transportation deems
19 such audits necessary. Such contracts may also include, but not be
20 limited to, recommendations to achieve economies and efficiencies in the
21 state transportation operating assistance program.
22 § 52. Moneys appropriated in section 1 of the chapter of the laws of
23 2003 which enacts the transportation, economic development and environ-
24 mental conservation budget to the department of transportation under the
25 airport or aviation state program (CCP) from the dedicated highway and
26 bridge trust fund - 072 aviation purpose, shall be made available for
27 state aid to municipal corporations, private airports as authorized by
28 section 14-h of the transportation law and for payment of the cost of
29 projects at Stewart and Republic Airports, for the acquisition,
30 construction, reconstruction, and improvement of airport or aviation
31 capital projects, including the acquisition of real property and liabil-
32 ities incurred prior to April 1, 2003, provided however, that prior to
33 requesting approval of a certificate of approval of availability for
34 moneys appropriated, the commissioner of transportation shall certify
35 that each airport or aviation project progressed under the program,
36 other than state owned airports, has received federal approval and the
37 federally authorized level of financial assistance.
38 § 53. Moneys appropriated in section 1 of the chapter of the laws of
39 2003 which enacts the transportation, economic development and environ-
40 mental conservation budget to the department of transportation under the
41 mass transportation (CCP) from the special revenue funds - other, dedi-
42 cated mass transportation trust fund - 073, omnibus and transit purpose,
43 shall be made available for state aid to municipal corporations for the
44 preparation of designs, plans, specifications and estimates, for the
45 acquisition, construction, reconstruction, and improvement of mass
46 transportation capital projects including the acquisition of real prop-
47 erty, for other mass transportation projects including local transporta-
48 tion planning studies and liabilities incurred prior to April 1, 2003,
49 provided, however, that notwithstanding any inconsistent provisions of
50 law, the state share of such projects shall be 50 percent of the non-
51 federal share, but in no event shall the state share exceed 10 percent
52 of project costs.
53 Prior to requesting approval of a certificate of approval of avail-
54 ability, the commissioner of transportation shall certify that each
55 omnibus project progressed under the program has received federal
S. 1406--B 229 A. 2106--B
1 approval and such certificate shall report the federally authorized
2 level of financial assistance.
3 § 54. Notwithstanding the provisions of section 89-b of the state
4 finance law, moneys appropriated in section 1 of the chapter of the laws
5 of 2003 which enacts the transportation, economic development and envi-
6 ronmental conservation budget to the department of transportation under
7 the mass transportation and rail freight (CCP) from the dedicated high-
8 way and bridge trust fund - 072, rail service preservation purpose,
9 shall be made available for the construction and improvement of passen-
10 ger and rail freight projects including, but not limited to, the acqui-
11 sition, construction, reconstruction, improvement or rehabilitation of
12 any railroad capital facility and any capital improvement used in
13 connection herewith, for contractual agreements entered into for rail
14 passenger service, and for the acquisition of real property or interests
15 in real property required or expected to be required therefor.
16 § 55. Moneys appropriated in section 1 of the chapter of the laws of
17 2003 which enacts the transportation, economic development and environ-
18 mental conservation budget to the department of transportation under the
19 mass transportation and rail freight (CCP) from the special revenue
20 funds - other, dedicated mass transportation trust fund - 073, non-mta
21 capital purpose, shall be made available:
22 (a) for the payment of the costs of mass transportation capital
23 projects and facilities including replacement of buses meeting federal
24 standards for replacement, related bus equipment and the acquisition,
25 design and construction, including engineering and consulting costs, of
26 mass transit bus garages or other mass transportation projects and
27 facilities approved by the commissioner of transportation in a program
28 of projects. Such funding may be part of a total project of which a
29 portion is federally funded but shall not be used in substitution for
30 the required non-federal matching shares of the federally-funded portion
31 of the project to which it is added. Such moneys are to be made avail-
32 able for projects undertaken by mass transit systems other than those
33 mass transit operating agencies which receive money from the metropol-
34 itan transportation authority dedicated tax fund;
35 (b) for the payment of operating expenses for public transportation
36 systems eligible to receive operating assistance under the provisions of
37 section 18-b of the transportation law in accordance with the schedule
38 below:
39 (1) to the Capital District transportation authority for the operating
40 expenses thereof;
41 (2) to the Central New York regional transportation authority for the
42 operating expenses thereof;
43 (3) to the Rochester-Genesee regional transportation authority for the
44 operating expenses thereof;
45 (4) to the Niagara Frontier Regional Transportation Authority for the
46 operating expenses thereof;
47 (5) to all other public transportation bus systems serving primarily
48 areas outside of the metropolitan transportation commuter district
49 eligible to receive operating assistance under the provisions of section
50 18-b of the transportation law for the operating expenses thereof in
51 accordance with the service and usage formula to be established by the
52 commissioner of transportation with the approval of the director of the
53 budget;
54 (6) to the city of New York for the operating expenses of the Staten
55 Island ferry;
S. 1406--B 230 A. 2106--B
1 (7) to public transportation systems serving primarily within the
2 metropolitan transportation commuter district, as defined in section
3 1262 of the public authorities law, eligible to receive operating
4 assistance under the provisions of section 18-b of the transportation
5 law for the operating expenses thereof in accordance with the service
6 and usage formula to be established by the commissioner of transporta-
7 tion with the approval of the director of the budget;
8 (8) to the city of New York for the operating expenses thereof
9 incurred for public transportation services, provided within the city
10 directly or under contract; provided however, that two million of such
11 appropriation shall be for expenses incurred for the Staten Island
12 express bus service;
13 (9) to the county of Westchester for the operating expenses thereof
14 incurred for public transportation services, provided within the county
15 directly or under contract;
16 (10) to the county of Nassau or its subgrantees for the operating
17 expenses thereof incurred for public transportation services; and
18 (11) to the county of Suffolk for operating expenses thereof incurred
19 for public transportation services, provided within the county directly
20 or under contract.
21 § 56. Moneys appropriated in section 1 of the chapter of the laws of
22 2003 which enacts the transportation, economic development and environ-
23 mental conservation budget to the department of transportation under the
24 non-federally aided highway capital projects (CCP) from the dedicated
25 highway and bridge trust fund - 072, shall be made available for the:
26 (a) non-federal aided highway purpose:
27 (1) for the payment of the costs, including the payment of liabilities
28 incurred prior to April 1, 2003, of state highways, parkways, bridges,
29 the New York State Thruway, Indian reservation roads, and facilities for
30 which the responsibility is vested with the state department of trans-
31 portation including work appurtenant and ancillary thereto, the cost of
32 administrative services of the department of transportation and the cost
33 of services provided by private firms, including but not limited to the
34 preparation of designs, plans, specifications and estimates;
35 construction management and supervision; and appraisals, surveys, test-
36 ing and environmental impact statements for transportation projects.
37 Project costs funded from such appropriation may include but shall not
38 be limited to construction, reconstruction, reconditioning and preserva-
39 tion, and the acquisition of property;
40 (2) with the approval of the director of the budget, the commissioner
41 of transportation is authorized to enter into agreements with any muni-
42 cipality to finance local bridge projects through state non-federally
43 aided highway funds appropriated therein when the use of federal aid
44 funds for such local bridge projects would not be cost effective and the
45 federal aid and state matching funds saved as a result of the use of
46 non-federal aid funds for local bridge projects are made available for
47 bridge projects on the state highway system. The total amount of non-
48 federally aided highway funds made available for local bridge projects
49 from such appropriation shall not exceed $2,500,000 in state fiscal year
50 2003-2004;
51 (3) for the payment of costs, including the payment of liabilities
52 incurred prior to April 1, 2003, of preventive maintenance on state
53 roads and bridges as defined in paragraph (a) of subdivision 1 of
54 section 10-d of the highway law including personal services, nonpersonal
55 services, fringe benefits and the contractual services provided by
56 private firms. Such costs shall not include the costs of vehicles under
S. 1406--B 231 A. 2106--B
1 8,500 pounds without the prior approval of the director of the budget;
2 and
3 (4) the items shown in the schedule below shall be for projects with a
4 common purpose and may be interchanged without limitation subject to the
5 approval of the director of the budget:
6 (a) for the costs of the contract services provided by private firms
7 performing preventative maintenance and for expenses of highway mainte-
8 nance;
9 (b) preparation of plans purpose:
10 (1) for engineering services, including personal services, nonpersonal
11 services, fringe benefits and the contract services provided by private
12 firms, including, but not limited to, the preparation of designs, plans,
13 specifications and estimates; construction management and supervision;
14 and appraisals, surveys, testing, and environmental impact statements
15 for transportation projects;
16 (2) for suballocation of $192,000 to the office of inspector general
17 for services and expenses including fringe benefits;
18 (3) for capital project management and traffic and safety, including
19 personal services, nonpersonal services, fringe benefits and the
20 contract services provided by private firms; and
21 (4) for real estate services, including personal services, nonpersonal
22 services, fringe benefits and the contract services provided by private
23 firms.
24 (b-1) for services and expenses related to engineering services asso-
25 ciated with highway maintenance and contract services provided by firms
26 performing preventative maintenance;
27 (c) snow and ice control purpose:
28 (1) for the payment of costs, including the payment of liabilities
29 incurred prior to April 1, 2003, of control of snow and ice on state
30 highways including personal services, nonpersonal services, fringe bene-
31 fits and the contractual services provided by municipalities.
32 The items shown in the schedule below shall be for projects with a
33 common purpose and may be interchanged without limitation subject to the
34 approval of the director of the budget; and
35 (2) maintenance undistributed, for the expenses of control of snow and
36 ice on state highways by state forces, for the payment of services and
37 expenses of emergency aid control of snow and ice in municipalities
38 pursuant to section 55 of the highway law, for expenses of control of
39 snow and ice on state highways by municipalities, and for expenses of
40 arterial maintenance agreements with cities.
41 (d) public transportation purpose:
42 for the payment of personal services and fringe benefits of state
43 forces in the office of passenger and freight transportation; and
44 (e) industrial access purpose:
45 (1) for the construction or improvement of highway, bridge and rail
46 freight projects related to industrial access, including the acquisition
47 of property and the payment of liabilities incurred prior to April 1,
48 2003 and for the cost of the contract services provided by private
49 firms, including but not limited to the preparation of designs, plans,
50 specifications and estimates; construction management and supervision;
51 and appraisals, surveys, testing and environmental impact statements for
52 transportation projects, provided, however, that funds shall not be
53 allocated for such purposes until the commissioner of transportation
54 enters into an agreement subject to the approval of the director of the
55 budget with any public or private entity for the repayment of 40 percent
56 of each project's costs disbursed from such funds. Such agreement shall
S. 1406--B 232 A. 2106--B
1 require repayment within 5 years of the date of acceptance of the
2 project by the department of transportation except that the repayment
3 may occur over a period of up to 10 years when total project costs
4 exceed $1,000,000 and all projects must be approved by the director of
5 the budget prior to the obligation of the moneys appropriated;
6 (2) such moneys shall be made available pursuant to rules and regu-
7 lations promulgated by the commissioner of transportation establishing
8 the maximum amount of assistance to be provided for each project and the
9 information that must be provided by the entity requesting assistance,
10 establishing criteria for providing assistance from the moneys appropri-
11 ated and including standards for receiving of assistance including but
12 not limited to the number of jobs created or maintained by the transpor-
13 tation improvement; and
14 (2-a) of such appropriation three million six hundred thousand dollars
15 shall be available for the payment of the costs of projects as set forth
16 in a memorandum of understanding between the majority leader of the
17 senate and the speaker of the assembly or their designee.
18 (3) notwithstanding any inconsistent provision of law, the commission-
19 er of transportation may waive the requirement to repay 40 percent of
20 the cost of a project provided that private funds are dedicated to the
21 cost of such industrial access project and related economic development
22 for at least 40 percent of the total cost of the industrial access
23 project and related economic development and the industrial access
24 portion of such project's cost is greater than $2,000,000.
25 NEW YORK STATE URBAN DEVELOPMENT CORPORATION
26 § 57. Moneys appropriated in section 1 of the chapter of the laws of
27 2003 which enacts the transportation, economic development and environ-
28 mental conservation budget to the New York state urban development
29 corporation under the economic development program from the general fund
30 / aid to localities shall be made available for services and expenses of
31 the following economic development purposes, in accordance with chapter
32 174 of the laws of 1968. No moneys of the state in the state treasury or
33 any of its funds shall be available for payments pursuant to such appro-
34 priation. Funding for the economic development purposes delineated in
35 such appropriation shall be provided from urban development corporation
36 corporate funds or from the proceeds of bonds or notes issued in accord-
37 ance with section 5 of chapter 174 of the laws of 1968 authorizing the
38 issuance of corporate purpose bonds and notes shall be allocated as
39 follows:
40 (a) minority and women-owned business development and lending program
41 shall be allocated as provided therein: (i) for services and expenses
42 consistent with the Federal Community Development Financial Institutions
43 Program (12 U.S.C. 4701 et. seq.), up to $1,000,000 shall be used for
44 program activities conducted by community development financial insti-
45 tutions in economically distressed and highly distressed areas; (ii)
46 $1,300,000 shall be suballocated to the department of economic develop-
47 ment for services and expenses of the entrepreneurial assistance program
48 for all designated centers; and (iii) up to $525,000 shall be used to
49 make linked deposits of funds into federal and state-chartered credit
50 unions in New York state to make small loans to minority and women-owned
51 businesses.
52 (b) military base reuse and redevelopment initiatives shall be allo-
53 cated as provided therein: (i) $1,400,000 for services and expenses of
54 Griffiss air force base redevelopment; (ii) $100,000 for services and
S. 1406--B 233 A. 2106--B
1 expenses of the Niagara Falls air force base redevelopment; (iii)
2 $1,400,000 for infrastructure and other improvements at Plattsburgh air
3 force base; and (iv) $100,000 for services and expenses of the Seneca
4 army depot local redevelopment authority.
5 TRIBAL COMPACT
6 § 58. Notwithstanding any inconsistent provision of law, moneys appro-
7 priated in section 1 of the chapter of the laws of 2003 which enacts the
8 transportation, economic development and environmental conservation
9 budget to the tribal state compact revenue account under the tribal
10 state compact revenue program from the special revenue funds - other/aid
11 to localities, miscellaneous special revenue fund - 339, tribal state
12 compact revenue account, shall be made available for services and
13 expenses of grants for the purposes specified in subdivision 3 of
14 section 99-h of the state finance law and pursuant to a plan developed
15 by the Niagara Falls casino-community accommodation and improvement
16 commission created pursuant to a chapter of the laws of 2003 creating
17 the Niagara Falls casino-community accommodation and improvement commis-
18 sion and providing for the repeal of such provisions upon expiration
19 thereof provided, however, that copies of the plan shall be submitted to
20 the director of the budget, the chairman of the senate finance committee
21 and the chairman of the assembly ways and means committee. Funds appro-
22 priated therein may be suballocated to any department, agency or public
23 authority for the public purposes determined by the Niagara Falls casi-
24 no-community accommodation and improvement commission created pursuant
25 to a chapter of the laws of 2003 entitled "AN ACT in relation to the
26 Niagara Falls casino-community accommodation and improvement commission
27 and providing for the repeal of such provisions upon expiration there-
28 of".
29 § 2. This act shall take effect on the same date and in the same
30 manner as a chapter of the laws of 2003, entitled "AN ACT in relation to
31 the Niagara Falls casino-community accommodation and improvement commis-
32 sion and providing for the repeal of such provisions upon expiration
33 thereof", takes effect and shall remain in full force and effect until
34 March 31, 2018 when upon such date the provisions of this act shall
35 expire and be deemed repealed.
36 METROPOLITAN TRANSPORTATION AUTHORITY
37 § 59. Moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the transportation, economic development and environ-
39 mental conservation budget to the metropolitan transportation authority
40 under the dedicated mass transportation trust fund from the special
41 revenue funds - other / aid to localities, dedicated mass transportation
42 trust fund - 073, shall be made available to the metropolitan transpor-
43 tation authority for deposit in the dedicated tax fund for the expenses
44 of the New York city transit authority, the Manhattan and Bronx surface
45 transit operating authority, and the Staten Island rapid transit operat-
46 ing authority, the Long Island rail road company and the Metro-North
47 commuter railroad company which includes the New York state portion of
48 the Harlem, Hudson, Port Jervis, Pascack, and the New Haven commuter
49 railroad service regardless of whether the services are provided direct-
50 ly or pursuant to joint service agreements for the period April 1, 2004
51 to March 31, 2005 provided, however, that such appropriation shall
52 become available only pursuant to subdivision 3 of section 89-c of the
S. 1406--B 234 A. 2106--B
1 state finance law and notwithstanding section 40 of the state finance
2 law shall take effect on April 1, 2004 and shall lapse on March 31,
3 2005.
4 STATE OF NEW YORK MORTGAGE AGENCY
5 § 60. Moneys appropriated in section 1 of the chapter of the laws of
6 2003 which enacts the transportation, economic development and environ-
7 mental conservation budget to the state of New York mortgage agency
8 under the homeowner mortgage revenues reimbursement program from the
9 general fund / state operations, state purposes account - 003,
10 (a) shall be made available for deposit to the appropriate account or
11 accounts of the homeowner mortgage revenue bonds general resolution
12 pursuant to chapter 261 of the laws of 1988, provided, however, that
13 notwithstanding section 40 of the state finance law, such appropriation
14 shall remain in effect until a subsequent appropriation is made avail-
15 able; and
16 (b) of such moneys, the sum of $22,000,000 thereby appropriated to the
17 state of New York mortgage agency, for deposit in the appropriate
18 account or fund of the homeowner mortgage revenue bonds general resol-
19 ution, such appropriation shall only be made available, upon certif-
20 ication by the director of the budget, to the state of New York mortgage
21 agency when and to the extent that the agency certifies to the director
22 of the budget that monies available to the agency are not sufficient to
23 meet the agency's obligations with respect to all bonds issued under the
24 homeowner mortgage revenue bonds general resolution dated September 10,
25 1987 as amended. Copies of the certification made by the director of the
26 budget shall be filed with the chairs of the senate finance committee
27 and the assembly ways and means committee. Notwithstanding section 40
28 of the state finance law, such appropriation shall remain in effect
29 until a subsequent appropriation is made available.
30 § 61. Of the moneys appropriated in section 1 of the chapter of the
31 laws of 2003 which enacts the transportation, economic development and
32 environmental conservation budget to the state of New York mortgage
33 agency under the mortgage insurance fund reimbursement program:
34 (a) from the general fund / state operations, state purposes account -
35 003, the sum of fifteen million dollars ($15,000,000), is thereby appro-
36 priated from the state purposes account of the general fund to the state
37 of New York mortgage agency, for deposit in the mortgage insurance fund
38 established by section 2429-b of the public authorities law as the
39 aggregate reserve amount of the mortgage insurance fund. Moneys expended
40 pursuant to the provisions of such appropriation shall forthwith be
41 transferred to the general fund, to the extent moneys are available,
42 from the housing reserve account of the New York state infrastructure
43 trust fund established pursuant to section 88 of the state finance law.
44 Such appropriation shall only be made available, upon certification by
45 the director of the budget, to the state of New York mortgage agency to
46 the extent and if the agency requires the use of the aggregate reserve
47 amount of the mortgage insurance fund. Copies of such certification
48 shall be filed with the chairs of the senate finance committee and the
49 assembly ways and means committee. Notwithstanding section 40 of the
50 state finance law, such appropriation shall remain in effect until a
51 subsequent appropriation is made available.
52 (b) from the general fund / aid to localities, local assistance
53 account - 001, for payment subject to the provisions of chapters 13 and
54 59 of the laws of 1987, expenditures shall not be made from such appro-
S. 1406--B 235 A. 2106--B
1 priation until a certificate of allocation has been approved by the
2 director of the budget and copies thereof filed with the state comp-
3 troller and with the chairmen of the senate finance and assembly ways
4 and means committees. Notwithstanding section 40 of the state finance
5 law, such appropriation shall remain in effect until a subsequent appro-
6 priation is made available.
7 § 62. This act shall take effect immediately and shall be deemed to
8 have been in full force and effect on and after April 1, 2003; provided,
9 that, the provisions set forth in this act relating to certain moneys
10 appropriated in a chapter of the laws of 2003 entitled "Transportation,
11 economic development and environmental conservation budget bill", shall
12 continue in effect for the period of effectiveness of such appropri-
13 ations and any subsequent reappropriations thereof.
14 PART N2
15 Section 1. Intentionally omitted
16 COUNCIL ON THE ARTS
17 § 2. Of the moneys appropriated in section 1 of the chapter of the
18 laws of 2003 which enacts the education, labor and family assistance
19 budget to the council on the arts under the administration program from
20 the general fund / aid to localities, local assistance account - 001,
21 for state financial assistance for the arts:
22 (a) Up to $3,000,000 of such appropriation may be used for services
23 and expenses of a state/local partnership to include activities related
24 to the decentralization program.
25 (b) Up to $5,000,000 of such appropriation may be used for state
26 financial assistance to nonprofit cultural organizations and to botan-
27 ical gardens, zoos, aquariums and public benefit corporations offering
28 programs of arts related education for elementary and secondary school
29 pupils under the empire state partnership program. Such programs may
30 include activities directly undertaken by the grantee and reaward of
31 funds by, among other organizations, regional or local arts councils or
32 county governing bodies to nonprofit cultural organizations.
33 (c) Up to $1,100,000 of such appropriation may be used for capital
34 grants to not-for-profit arts organizations pursuant to section 3.07 of
35 the arts and cultural affairs law.
36 § 3. Moneys appropriated in section 1 of the chapter of the laws of
37 2003 which enacts the education, labor and family assistance budget to
38 the council on the arts under the administration program shall be avail-
39 able from the:
40 (a) fiduciary funds / state operations, combined expendable trust fund
41 - 020, grants account for nonpersonal service and expenses of the coun-
42 cil on the arts for the promotion of arts and cultural activities and
43 other services as funded by revenue generating activities and gifts and
44 donations from private foundations, corporations and individuals, pursu-
45 ant to a plan prepared by the New York state council on the arts and
46 approved by the director of the budget;
47 (b) fiduciary funds / aid to localities, arts capital revolving fund -
48 338, for services and expenses of the arts capital revolving loan fund,
49 pursuant to a plan prepared by the New York state council on the arts
50 and approved by the director of the budget.
51 § 4. Moneys appropriated in section 1 of the chapter of the laws of
52 2003 which enacts the education, labor and family assistance budget to
S. 1406--B 236 A. 2106--B
1 the council on the arts under the empire state plaza performing arts
2 center corporation program from the general fund / state operations,
3 state purposes account - 003, shall only be available upon submission of
4 a plan formulated by the empire state plaza performing arts center
5 corporation and approved by the director of the budget.
6 § 5. Notwithstanding section 51 of the state finance law or any other
7 provision of law to the contrary, moneys appropriated in section 1 of
8 the chapter of the laws of 2003 which enacts the education, labor and
9 family assistance budget to the council on the arts under the New York
10 state theatre institute corporation program from the general fund /
11 state operations, state purposes account - 003, maintenance undistrib-
12 uted, shall only be available upon submission of a plan formulated by
13 the New York state theatre institute corporation and approved by the
14 director of the budget.
15 CITY UNIVERSITY OF NEW YORK
16 § 6. Moneys appropriated in section 1 of the chapter of the laws of
17 2003 which enacts the education, labor and family assistance budget to
18 the city university of New York, under the city university -- senior
19 college program, city fiscal year 2002-2003, from the general fund / aid
20 to localities, local assistance account - 001, shall be expended as
21 provided herein. Notwithstanding section 6221 of the education law or
22 any other provision of law, if funds for John Jay college lease payments
23 which are authorized in the city university of New York senior college
24 fiduciary fund appropriation as operating expenses of the senior college
25 approved programs and services are not made available to the city
26 university of New York to make one or more rental payments when due
27 under the John Jay capital lease-acquisition agreement, the comptroller
28 is authorized to make such payments from such appropriation on receipt
29 of a certification from the city university of New York, subject to the
30 availability of funds and to applicable provisions of law.
31 The state share of the operating expenses, a portion of which is
32 appropriated therein as reimbursement to New York city, shall be an
33 amount equal to the net operating expenses of the senior college
34 approved programs and services which shall equal the total operating
35 expenses of approved programs and services less: (a) all excess tuition
36 and instructional and noninstructional fees attributable to the senior
37 colleges and received from the city university construction fund pursu-
38 ant to subdivision (b) of section 6278 of the education law; (b) miscel-
39 laneous revenue and fees, other than those set forth in item (c) of this
40 paragraph; (c) pursuant to section 6221 of the education law, a repre-
41 sentative share of the operating costs of those activities within
42 central administration and university-wide programs which, as determined
43 by the state budget director, relate jointly to the senior colleges and
44 community colleges and New York city support for associate degree
45 programs at the college of Staten Island, Medgar Evers college and,
46 notwithstanding any other provision of law, rule, or regulation, New
47 York city support for associate degree programs at New York city college
48 of technology and John Jay college.
49 Items (a) and (b) of the foregoing shall be hereafter referred to as
50 the senior college revenue offset, and item (c) as the central adminis-
51 tration and university-wide programs offset.
52 § 7. Moneys appropriated in section 1 of the chapter of laws of 2003
53 which enacts the education, labor and family assistance budget to the
54 city university of New York under the city university -- senior college
S. 1406--B 237 A. 2106--B
1 programs city fiscal year 2003-2004, from the general fund / aid to
2 localities, local assistance account - 001, shall be expended as
3 provided herein.
4 Notwithstanding section 6221 of the education law or any other
5 provision of law, if funds for John Jay college lease payments which are
6 authorized in the city university of New York senior college fiduciary
7 fund appropriation as operating expenses of the senior college approved
8 programs and services are not made available to the city university of
9 New York to make one or more rental payments when due under the John Jay
10 capital lease-acquisition agreement, the comptroller is authorized to
11 make such payments from such appropriation on receipt of a certification
12 from the city university of New York, subject to the availability of
13 funds and to applicable provisions of law. The state share of operating
14 expenses, a portion of which is appropriated therein as reimbursement to
15 New York city, shall be an amount equal to the net operating expenses of
16 the senior college approved programs and services which shall equal the
17 total operating expenses of approved programs and services less:
18 (a) all excess tuition and instructional and noninstructional fees
19 attributable to the senior colleges received from the city university
20 construction fund;
21 (b) miscellaneous revenue and fees, including bad debt recoveries and
22 income fund reimbursable cost recoveries;
23 (c) pursuant to section 6221 of the education law, a representative
24 share of the operating costs of those activities within central adminis-
25 tration and university-wide programs which, as determined by the state
26 budget director, relate jointly to the senior colleges and community
27 colleges, and New York city support for associate degree programs at the
28 College of Staten Island and Medgar Evers College and notwithstanding
29 any other provision of law, rule or regulation, New York city support
30 for associate degree programs at New York city college of technology and
31 John Jay college, with such support based on the 2000-01 full-time
32 equivalent (FTE) associate degree enrollments at these campuses and
33 calculated using the New York city contribution per city university
34 community college FTE in the 2000-01 base year, totaling $32,275,000.
35 Items (a) and (b) of the foregoing shall be hereafter referred to as
36 the senior college revenue offset, and item (c) as the central adminis-
37 tration and university-wide programs offset.
38 § 8. Notwithstanding any other law to the contrary, moneys appropri-
39 ated in section 2 of the chapter of the laws of 2003 which enacts the
40 education, labor and family assistance budget to the City University of
41 New York gross senior college operating budget, senior college addi-
42 tional non-resident revenues shall be utilized to limit any increases in
43 tuition for non-resident students.
44 § 9. Notwithstanding any other law to the contrary, $89,090,000 of the
45 moneys appropriated in section 2 of the chapter of the laws of 2003
46 which enacts the education, labor and family assistance budget to the
47 City University of New York gross senior operating budget, senior
48 college revenue offset shall be utilized to limit any increases in
49 tuition for resident students.
50 EDUCATION DEPARTMENT
51 § 10. Moneys appropriated in section 1 of the chapter of the laws of
52 2003 which enacts the education, labor and family assistance budget to
53 the education department under the elementary, middle, secondary and
S. 1406--B 238 A. 2106--B
1 continuing education program from the general fund / aid to localities,
2 local assistance account - 001, shall be available:
3 (a) for aid payable in the 2003-04 school year, for public schools and
4 shall be paid in accordance with the applicable payment schedule set
5 forth in section 3609-a of the education law or other provision of law
6 providing for payment of such aids. Funds available under such appropri-
7 ation shall only be available for the purposes specified therein,
8 provided however, notwithstanding any inconsistent provision of law and
9 subject to the approval of the director of the budget, funds appropri-
10 ated therein may be interchanged with any other item of appropriation
11 for general support for public schools within the general fund local
12 assistance account elementary, middle, secondary and continuing educa-
13 tion program.
14 Of the amounts appropriated therein, up to $250,000 may be made avail-
15 able for suballocation to the department of audit and control, general
16 fund state purposes account for the audit of education department aid to
17 localities programs for school districts and boards of cooperative
18 educational services, including the audit of preschool special education
19 claims and efficiency audits upon request by local school boards and
20 local taxpayer organizations for school districts which are operating on
21 contingency budget provisions pursuant to section 2023 of the education
22 law, to be expended pursuant to a plan of expenditure prepared by the
23 department of audit and control after consultation with the commissioner
24 of education and subject to the approval of the director of the budget;
25 (b) for aid to small city school districts for the 2003-04 school
26 year, pursuant to subdivision 31-a of section 3602 of the education law,
27 provided that, notwithstanding any provision of law to the contrary, for
28 each district, the aid payable in the 2003-04 school year shall equal
29 the aid payable in the base year;
30 (c) for services and expenses of a $42,670,000 2003-04 school year
31 targeted prekindergarten program under rules and regulations to be
32 adopted by the regents upon recommendation of the commissioner of educa-
33 tion and subject to the approval of the director of the budget. Such
34 funds shall be expended pursuant to a plan of expenditure developed by
35 the commissioner of education and approved by the director of the budget
36 and for remaining obligations for any predecessor program;
37 (d) for the school lunch and breakfast program. Funds for the school
38 lunch and breakfast program shall be expended subject to the limitation
39 of funds available and may be used to reimburse sponsors of non-profit
40 school lunch, breakfast, or other school child feeding programs based
41 upon the number of federally reimbursable breakfasts and lunches served
42 to students under such program agreements entered into by the state
43 education department and such sponsors, in accordance with an act of
44 Congress entitled the "National School Lunch Act," P.L. 79-396, as
45 amended, or the provisions of the "Child Nutrition Act of 1966," P.L.
46 89-642, as amended, in the case of school breakfast programs to reim-
47 burse sponsors in excess of the federal rates of reimbursement. Notwith-
48 standing any provision of law to the contrary, the moneys thereby appro-
49 priated, or so much thereof as may be necessary, are to be available for
50 the purposes therein specified for obligations heretofore accrued or
51 hereafter to accrue for the school years beginning July 1, 2001, July 1,
52 2002 and July 1, 2003;
53 (e) for nonpublic school aid for the 2003-04 school year program.
54 Notwithstanding any inconsistent provision of law, funds shall be avail-
55 able for payment of aid heretofore accrued and hereafter to accrue;
S. 1406--B 239 A. 2106--B
1 (f) for allowances to private schools for the blind and the deaf,
2 including state aid for blind and deaf pupils in certain institutions to
3 be paid for the purposes provided by article 85 of the education law for
4 the education of deaf children under 3 years of age including transfers
5 to the miscellaneous special revenue fund Rome school for the deaf
6 account (339E6) pursuant to a plan to be developed by the commissioner
7 and approved by the director of the budget. Notwithstanding any other
8 inconsistent provisions of law, such funds appropriated therein shall be
9 for the New York state pupils approved to attend such schools and whose
10 admissions, attendance and termination therein is in accordance with
11 rules and regulations of the commissioner of education;
12 Of the amounts appropriated therein, up to $6,651,000 shall be used
13 for debt service on capital construction projects financed through the
14 state dormitory authority and $94,020,000 shall be available for allow-
15 ances to schools for the blind and deaf;
16 (g) for the state's share of preschool handicapped education costs
17 pursuant to section 4410 of the education law. Notwithstanding any
18 inconsistent provision of law to the contrary, the amount appropriated
19 therein represents the maximum amount payable during the 2003-04 state
20 fiscal year and shall support a state share of preschool handicapped
21 education costs for the 2002-03 school year limited to 59.5 percent of
22 total expenditures, and furthermore, notwithstanding any other provision
23 of law, local claims for reimbursement of costs incurred prior to the
24 2001-02 school year that have been approved for payment by the education
25 department as of January 1, 2003 and local claims for reimbursement of
26 costs incurred during the 2001-02 and 2002-03 school years that have
27 been approved for payment by the education department as of April 1,
28 2002 shall be the first claims paid from such appropriation. Any local
29 claims for which there may be insufficient appropriation authority for
30 payment in the 2003-04 state fiscal year shall be considered as the
31 first claim for payment against all subsequent appropriations designated
32 for such purposes; and
33 (h) for July and August programs for school-aged children with handi-
34 capping conditions pursuant to section 4408 of the education law. For
35 aid payable in the 2003-04 school year, funds appropriated therein shall
36 only be available for liabilities incurred prior to July 1, 2004, shall
37 be used to pay 2002-03 school year claims in the first instance, and
38 represent the maximum amount payable during the 2003-04 state fiscal
39 year, notwithstanding any provision of law to the contrary.
40 § 11. Moneys appropriated in section 1 of the chapter of the laws of
41 2003 which enacts the education, labor and family assistance budget to
42 the education department under the elementary, middle, secondary and
43 continuing education program from special revenue funds - other / aid to
44 localities, miscellaneous special revenue fund - 339, charter school
45 stimulus account, shall be available for services and expenses related
46 to development, implementation and operation of charter schools, includ-
47 ing facility costs and loans to authorized schools. Such appropriation
48 shall only be available for expenditure upon the approval of an expendi-
49 ture plan by the director of the budget.
50 § 12. Notwithstanding any provision of law, rule or regulation to the
51 contrary, moneys appropriated in section 1 of the chapter of the laws of
52 2003 which enacts the education, labor and family assistance budget to
53 the education department under the office of higher education and the
54 professions program, from the general fund / state operations, state
55 purposes account - 003, maintenance undistributed, shall be available:
S. 1406--B 240 A. 2106--B
1 (a) to support services and expenses relating to the oversight and
2 administration of higher education pursuant to a plan prepared by the
3 department and approved by the director of the budget; and
4 (b) for services and expenses relating to tenured teacher hearings,
5 pursuant to section 3020-a of the education law, subject to a plan
6 developed by the department and approved by the director of the budget.
7 § 13. Moneys appropriated in section 1 of the chapter of the laws of
8 2003 which enacts the education, labor and family assistance budget to
9 the education department under the office of higher education and the
10 professions program from the general fund / aid to localities, local
11 assistance account - 001, shall be available for higher and continuing
12 education programs provided by independent colleges, universities and
13 other organizations approved by the state education department. Notwith-
14 standing any provision of law to the contrary, no funds are therein
15 appropriated and no disbursements are to be made for basic or bonus
16 medical/dental capitation aid or college work study programs. The
17 science and technology entry program (STEP) or the collegiate science
18 and technology entry program (CSTEP) and the teacher opportunity corps
19 program are therein appropriated and disbursements are to be made in
20 accordance with the following:
21 (a) for services and expenses of liberty partnerships programs as
22 prescribed by section 612 of the education law as added by chapter 425
23 of the laws of 1988. Notwithstanding any other section of law to the
24 contrary, funding for such programs in the 2003-04 fiscal year shall be
25 limited to the amount appropriated therein;
26 (b) unrestricted aid to independent colleges and universities,
27 notwithstanding any other inconsistent provision of law to the contrary,
28 apportionments to participating institutions shall be made for earned
29 master's degrees or earned doctorate degrees. Notwithstanding any other
30 section of law to the contrary, aid otherwise due and payable in the
31 2003-04 fiscal year shall be limited to the amount appropriated therein;
32 (c) additional unrestricted aid to independent colleges and universi-
33 ties, notwithstanding any other provision of law to the contrary, up to
34 seventy percent of aid payable for the 2003-04 academic year shall be
35 paid prior to March 31, 2004;
36 (d) for services and expenses of the higher education opportunity
37 program. Funds appropriated therein shall be used by independent
38 colleges to expand opportunities for the educationally and economically
39 disadvantaged at independent institutions of higher learning; and
40 (e) for postsecondary aid to native Americans to fund awards to eligi-
41 ble students to be made pursuant to rules and regulations to be adopted
42 by the regents upon the recommendation of the commissioner of education
43 and subject to the approval of the director of the budget. Notwithstand-
44 ing any other provision of law to the contrary, the amount therein made
45 available shall constitute the state's entire obligation for all costs
46 incurred under section 4118 of the education law in state fiscal year
47 2003-04.
48 § 14. Moneys appropriated in section 1 of the chapter of the laws of
49 2003 which enacts the education, labor and family assistance budget to
50 the education department under the office of higher education and the
51 professions program from special revenue funds - other / state oper-
52 ations, tuition reimbursement fund - 050, vocational school supervision
53 account, shall be available for services and expenses for the super-
54 vision of institutions registered pursuant to section 5001 of the educa-
55 tion law, and for services and expenses of supervisory programs and
56 payment of associated indirect costs and general state charges according
S. 1406--B 241 A. 2106--B
1 to a plan developed in consultation with the division of the budget and
2 approved by the division of the budget.
3 § 15. Moneys appropriated in section 1 of the chapter of the laws of
4 2003 which enacts the education, labor and family assistance budget to
5 the education department under the office of higher education and the
6 professions program from special revenue funds - other / state oper-
7 ations, miscellaneous special revenue fund - 339, office of professions
8 account, shall be available for services and expenses related to licen-
9 sure and disciplining programs for the professions and foreign and out-
10 of-state medical school evaluations. Expenditures from such account
11 shall be made pursuant to a plan prepared by the department and approved
12 by the division of the budget.
13 § 16. Notwithstanding section 51 of the state finance law and any
14 other provision of law to the contrary, moneys appropriated in section 1
15 of the chapter of the laws of 2003 which enacts the education, labor and
16 family assistance budget to the education department under the cultural
17 education program from the general fund / aid to localities, local
18 assistance account - 001, shall be available for:
19 (a) aid to public libraries. Pursuant to the education law provisions
20 of chapter 917 of the laws of 1990, as otherwise amended by chapter 625
21 of the laws of 1991, and chapter 260 of the laws of 1993 taking into
22 account the provisions of section 483 of chapter 170 of the laws of
23 1994, section 2 of chapter 82 of the laws of 1995, distribution of such
24 appropriation shall be pursuant to a plan prepared by the commissioner
25 of education and approved by the division of the budget. Notwithstand-
26 ing chapter 917 of the laws of 1990 or any other provision of law to the
27 contrary, the amount appropriated therein shall represent fulfillment of
28 the state's obligation for this program;
29 (b) aid to New York public library;
30 (c) aid to NYPL's science, industry and business library; and
31 (d) aid to educational television and radio. Notwithstanding any
32 provision of law, rule or regulation to the contrary, the amount appro-
33 priated therein shall represent fulfillment of the state's obligation
34 for this program. Distribution of such appropriation shall be pursuant
35 to a plan prepared by the commissioner of education and approval by the
36 division of the budget.
37 § 17. Moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the education, labor and family assistance budget to
39 the education department under the cultural education program from
40 special revenue funds - federal / aid to localities, federal operating
41 grants fund - 290, shall be available for aid to public libraries pursu-
42 ant to various federal laws including library services technology act.
43 § 18. Notwithstanding section 51 of the state finance law and any
44 other provision of law to the contrary, moneys appropriated in section 1
45 of the chapter of laws of 2003 which enacts the education, labor and
46 family assistance budget to the education department under the cultural
47 education program from special revenue funds - other / aid to locali-
48 ties, New York state local government records management improvement
49 fund - 052, local government records management account, shall be avail-
50 able for:
51 (a) grants to individual local governments or groups of cooperating
52 local governments as provided in section 57.35 of the arts and cultural
53 affairs law; and
54 (b) aid for documentary heritage grants and aid to eligible archives,
55 libraries, historical societies, museums, and to certain organizations
56 including the state education department that provide services to such
S. 1406--B 242 A. 2106--B
1 programs. Such appropriation shall only be available upon the submission
2 of a plan prepared by the commissioner of education.
3 DEPARTMENT OF FAMILY ASSISTANCE
4 OFFICE OF CHILDREN AND FAMILY SERVICES
5 § 19. Notwithstanding section 51 of the state finance law and any
6 other provision of law to the contrary, moneys appropriated in section 1
7 of the chapter of the laws of 2003 which enacts the education, labor and
8 family assistance budget to the office of children and family services
9 under the central administration program from the general fund / state
10 operations, state purposes account - 003, may be transferred or inter-
11 changed, as authorized by the director of the budget, upon the advice of
12 the commissioner of children and family services, with any other state
13 operations - general fund appropriation within the office of children
14 and family services except where transfer or interchange of appropri-
15 ations is prohibited or otherwise restricted by law.
16 § 20. Moneys appropriated in section 1 of the chapter of the laws of
17 2003 which enacts the education, labor and family assistance budget to
18 the office of children and family services under the central adminis-
19 tration program from the general fund / state operations, state purposes
20 account - 003, maintenance undistributed:
21 (a) for services and expenses associated with the special hearings
22 program may only be made available upon approval of an expenditure plan
23 by the director of the budget;
24 (b) for payment to the equipment loan fund for the disabled for the
25 purpose of carrying out the provisions of chapter 609 of the laws of
26 1985, may notwithstanding section 51 of the state finance law and any
27 other provision of law to the contrary, be transferred, suballocated or
28 made available by the director of the budget, upon the advice of the
29 commissioner of the office of children and family services and the
30 commissioner of the department of labor, through interchange with any
31 other appropriation within the office of children and family services,
32 to the department of labor; and
33 (c) for services and expenses of the council on children and families
34 shall, notwithstanding any provision of law to the contrary, only be
35 available upon approval of an expenditure plan by the director of the
36 budget.
37 § 21. Moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the education, labor and family assistance budget to
39 the office of children and family services under the central adminis-
40 tration program from the special revenue funds-other / state operations,
41 miscellaneous special revenue fund - 339, head start training account,
42 for services and expenses related to publication and sale of training
43 materials, may only be made available upon approval of an expenditure
44 plan by the director of the budget.
45 § 22. Notwithstanding section 51 of the state finance law and any
46 other provision of law to the contrary, moneys appropriated in section 1
47 of the chapter of the laws of 2003 which enacts the education, labor and
48 family assistance budget to the office of children and family services
49 under the central administration program from the fiduciary funds /
50 state operations, equipment loan fund for the disabled - 307 for
51 services and expenses related to the implementation of an equipment loan
52 fund for the disabled pursuant to chapter 609 of the laws of 1985, may
53 be transferred, suballocated or made available by the director of the
54 budget, upon the advice of the commissioner of the office of children
S. 1406--B 243 A. 2106--B
1 and family services and the commissioner of the department of labor,
2 through interchange with any other appropriation within the office of
3 children and family services, to the department of labor.
4 § 23. Notwithstanding any inconsistent provision of law, moneys appro-
5 priated in section 1 of the chapter of the laws of 2003 which enacts the
6 education, labor and family assistance budget to the office of children
7 and family services under the child care program from the general fund /
8 aid to localities, local assistance account - 001 for:
9 (a) payment of state aid heretofore accrued or hereafter to accrue to
10 municipalities, subject to the approval of the director of the budget,
11 the money so appropriated shall be available to such office net of
12 disallowances, refunds, reimbursements and credits;
13 (b) funds so appropriated, in amounts certified by the state commis-
14 sioner of the office of children and family services or the state
15 commissioner of health as due from local social services districts each
16 month as their share of payments made pursuant to section 367-b of the
17 social services law may be set aside by the state comptroller in an
18 interest-bearing account with such interest accruing to the credit of
19 the locality in order to ensure the orderly and prompt payment of
20 providers under section 367-b of the social services law pursuant to an
21 estimate provided by the commissioner of health of each local social
22 services district's share of payments made pursuant to section 367-b of
23 the social services law, in lieu of payments authorized by the social
24 services law, or payments of federal funds otherwise due to the local
25 social services districts for programs provided under the federal social
26 security act or the federal food stamp act;
27 (c) the increase or decrease in the amount so appropriated, by inter-
28 change with any other appropriation or with any other item or items
29 within the amounts appropriated within the department of family assist-
30 ance, office of temporary and disability assistance and office of chil-
31 dren and family services general fund - local assistance account with
32 the approval of the director of the budget who shall file such approval
33 with the department of audit and control and copies thereof with the
34 chairman of the senate finance committee and the chairman of the assem-
35 bly ways and means committee; and
36 (d) combining money so appropriated with the money appropriated in
37 federal block grant - 265, federal day care account including any feder-
38 al funds transferred from the office of children and family services
39 federal health, education and human services fund - 265 appropriating
40 federal temporary assistance for needy families block grant funds and,
41 upon approval of the director of the budget, transfer of federal - 265
42 federal temporary assistance for needy families block grant funds made
43 available from the New York works compliance fund program, and such
44 money so appropriated shall constitute the state block grant for child
45 care. The state block grant for child care shall be divided into two
46 parts pursuant to a plan developed by the office of children and family
47 services and approved by the director of the budget. One part shall be
48 retained by the state to provide child care assistance on a statewide
49 basis to special groups and for activities to increase the availability
50 and/or quality of child care programs; provided however, that up to
51 $5,000,000 of such amount may be set aside for child care resource and
52 referral programs funded under title 5-B of article 6 of the social
53 services law. Such child care resource and referral programs shall meet
54 additional performance standards developed by the office of children and
55 family services including but not limited to: increasing the number of
56 child care placements for persons who are at or below 200 percent of the
S. 1406--B 244 A. 2106--B
1 state income standard with emphasis on placements supporting local
2 efforts in meeting federal and state work participation requirements,
3 increasing technical assistance to all modalities of legal child care to
4 persons who are at or below 200 percent of the state income standard,
5 including the provision of training to assist providers in meeting child
6 care standards or regulatory requirements, and creating new child care
7 opportunities, and assisting social services districts in assessing and
8 responding to child care needs for persons at or below 200 percent of
9 the state income standard. The office shall have the authority to with-
10 hold funds from those agencies which do not meet performance standards.
11 Agencies whose funds are withheld may have funds restored upon achieving
12 performance standards. The other part shall be allocated to social
13 services districts to provide child care assistance to families receiv-
14 ing assistance and to such other low-income families as the office of
15 children and family services determines to be eligible for such
16 services. The funds that are to be available to social services
17 districts for child care assistance shall be apportioned among the
18 social services districts by such office according to an allocation plan
19 developed by the office and submitted to the director of the budget for
20 approval within 60 days of enactment of the budget. The allocation plan
21 shall be based, at least in part, on historical costs and on the avail-
22 ability and cost of, and the need for, child care assistance in each
23 social services district. Annual allocations shall be made on a federal
24 fiscal year basis. Reimbursement under the block grant to a social
25 services district for its expenditures for child care assistance shall
26 be available for 75 percent of the district's expenditures for child
27 care assistance provided to those families in receipt of public assist-
28 ance which are eligible for child care assistance under this title and
29 for 100 percent of the district's expenditures for other eligible fami-
30 lies; provided, however, that such reimbursement shall be limited to the
31 district's annual state block grant allocation. A district's block
32 grant allocation for a particular federal fiscal year is available only
33 for child care assistance expenditures made during that federal fiscal
34 year and which are claimed by March 31 of the year immediately following
35 the end of that federal fiscal year. Any portion of a social services
36 district's block grant allocation for a particular federal fiscal year
37 that is not claimed by such district by March 31 of the year immediately
38 following the end of that federal fiscal year shall be added to that
39 social services district's block grant allocation for the next federal
40 fiscal year. Any claims for child care assistance made by a social
41 services district for expenditures made during a particular federal
42 fiscal year, other than claims made under title XX of the federal social
43 security act, shall be counted against the social services district's
44 block grant allocation for that federal fiscal year. A social services
45 district shall expend its allocation from the block grant in accordance
46 with the applicable provisions in federal law and regulations relating
47 to the federal funds included in the state block grant for child care
48 and the regulations of the office of children and family services. Each
49 social services district may spend no more than 5 percent of its block
50 grant allocation for administrative activities. A social services
51 district may establish, in the district's consolidated services plan,
52 priorities for the families which will be eligible to receive funding. A
53 social services district shall be authorized to set aside portions of
54 its block grant allocation to serve one or more of its priority groups
55 and/or to discontinue funding to families with lower priorities in order
56 to serve families with higher priorities. Child care assistance funded
S. 1406--B 245 A. 2106--B
1 under the block grant must meet all applicable standards set forth in
2 section 390 of the social services law or the administrative code of the
3 city of New York, including child day care in a child day care center,
4 family day care home, group family day care home, school age child care
5 program, or in home care which is not subject to licensure, certif-
6 ication or registration, or any other lawful form of care for less than
7 twenty-four hours per day. Social services districts shall provide
8 directly or through referral technical assistance and relevant health
9 and safety information to all public assistance recipients who voluntar-
10 ily choose to provide child care assistance as part of their work activ-
11 ities or as community service under title 9-B of article 5 of the social
12 services law.
13 Each social services district shall maintain the amount of local funds
14 expended for child care assistance under the child care block grant at a
15 level equal to or greater than the amount the district expended under
16 title IV-A of the federal social security act, the federal child care
17 development block grant and the state low-income day care program for
18 child care assistance during federal fiscal year 1995. Notwithstanding
19 any other provision of law, each district's claims submitted under the
20 state block grant for child care will be processed in a manner that
21 maximizes the availability of federal funds and ensures that the
22 district meets its maintenance of effort requirement in each applicable
23 federal fiscal year.
24 § 24. Notwithstanding any inconsistent provision of law, moneys appro-
25 priated in section 1 of the chapter of the laws of 2003 which enacts the
26 education, labor and family assistance budget to the office of children
27 and family services under the child care program from the special reven-
28 ue funds - federal / aid to localities, federal health and human
29 services fund - 265 for:
30 (a) funds so appropriated, in amounts certified by the state commis-
31 sioner of the office of children and family services or the state
32 commissioner of health as due from local social services districts each
33 month as their share of payments made pursuant to section 367-b of the
34 social services law may be set aside by the state comptroller in an
35 interest-bearing account with such interest accruing to the credit of
36 the locality in order to ensure the orderly and prompt payment of
37 providers under section 367-b of the social services law pursuant to an
38 estimate provided by the commissioner of health of each local social
39 services district's share of payments made pursuant to section 367-b of
40 the social services law, in lieu of payments authorized by the social
41 services law, or payments of federal funds otherwise due to the local
42 social services districts for programs provided under the federal social
43 security act or the federal food stamp act;
44 (b) aid to municipalities and for payments to the federal government
45 for expenditures made pursuant to social services law and the state plan
46 for individual and family grant program under the disaster relief act of
47 1974.
48 Such funds are to be available for payment of aid heretofore accrued
49 or hereafter to accrue to municipalities. Subject to the approval of the
50 director of the budget, such funds shall be available to the office of
51 children and family services net of disallowances, refunds, reimburse-
52 ments, and credits;
53 (c) the increase or decrease in the amount so appropriated, by inter-
54 change with any other appropriation or with any other item or items
55 within the amounts appropriated within the department of family assist-
56 ance, office of temporary and disability assistance and office of chil-
S. 1406--B 246 A. 2106--B
1 dren and family services federal funds - local assistance account with
2 the approval of the director of the budget who shall file such approval
3 with the department of audit and control and copies thereof with the
4 chairman of the senate finance committee and the chairman of the assem-
5 bly ways and means committee;
6 (d) services and expenses of the temporary assistance for needy fami-
7 lies block grant program and other eligible expenses pursuant to the
8 federal social security act and federal personal responsibility and work
9 opportunity reconciliation act of 1996 enacting comprehensive welfare
10 reform, provided that the director of the budget does not determine that
11 such use of funds can be expected to have the effect of increasing qual-
12 ified state expenditures under paragraph 7 of subdivision (a) of section
13 409 of the federal social security act above the minimum applicable
14 federal maintenance of effort requirement in which event such office
15 shall transfer or suballocate amounts so appropriated to the office of
16 temporary and disability assistance in such amounts as may be determined
17 necessary by the director of the budget. Of the federal temporary
18 assistance for needy families block grant funds so appropriated, the sum
19 of $294,000,000 shall be available for transfer to the federal block
20 grant fund-265, federal day care account and shall be spent in accord-
21 ance with applicable federal and state statute and regulations governing
22 expenditure of such funds. Of the federal temporary assistance for needy
23 families block grant funds appropriated herein, the sum of $10,000,000
24 shall be available for transfer to the federal block grant fund-265,
25 federal day care account for reimbursement of eligible child care costs
26 provided to children eligible for emergency assistance for families
27 incurred by social services districts with a population in excess of
28 2,000,000 persons;
29 (e) the transfer of amounts so appropriated, subject to the approval
30 of the director of the budget, to the credit of the office of children
31 and family services federal health and human services fund - 265 state
32 operations or federal health and human services fund - 265 local assist-
33 ance, federal day care account; and
34 (f) notwithstanding any inconsistent provision of law, of the funds so
35 appropriated, the sum of $1,000,000 shall be available for transfer to
36 the federal health and human services fund-265, federal day care account
37 for the purposes of providing child care to children of migrant workers
38 in programs operated by non-profit organizations under contract with the
39 department of agriculture and markets to provide such care.
40 Notwithstanding any inconsistent provision of law, of the funds appro-
41 priated, the sum of $2,500,000 shall be available for transfer to the
42 federal health and human services fund-265, federal day care account for
43 a pilot program in the borough of Brooklyn which will expand access to
44 child care subsidies for working families with income up to 275 percent
45 of the federal poverty level.
46 A portion of the funds shall be provided to a nonprofit with experi-
47 ence in the field of child care and the ability to reach a diverse popu-
48 lation of working families to function as administrator to implement
49 this plan and to support this program's activities. Such activities
50 shall include: outreach and education of families on subsidy eligibility
51 and selection of appropriate child care arrangements, facilitated
52 enrollment of such families, data collection, and the provision of
53 reports requested by the office of children and family services. The
54 program administrator will contract with the social services district to
55 perform all required steps in the eligibility determination.
S. 1406--B 247 A. 2106--B
1 The remaining portion of the pilot project shall be allocated by the
2 office of children and family services to the local social services
3 districts where the project shall be located as determined by the
4 project administrator based on projected need and cost of care for the
5 exclusive purpose of paying child care subsidies for working families
6 enrolled in the child care subsidy program through such policy initi-
7 ative. Child care subsidies paid on behalf of eligible families shall be
8 reimbursed at the actual cost of care up to the applicable market rate
9 for the county in which child care is provided and in accordance with
10 the fee schedule for the social services district making the subsidy
11 payment.
12 Notwithstanding any inconsistent provision of law, of the funds appro-
13 priated, the sum of $2,500,000 shall be available for transfer to the
14 federal health and human services fund-265, federal day care account for
15 a pilot program in Monroe County which will expand access to child care
16 subsidies for working families with income up to 275 percent of the
17 federal poverty level.
18 A portion of the funds shall be provided to The Western New York Child
19 Care Council or a similar organization with experience in the field of
20 child care and the ability to reach a diverse population of working
21 families to function as administrator to implement this plan and to
22 support this program's activities. Such activities shall include:
23 outreach and education of families on subsidy eligibility and selection
24 of appropriate child care arrangements, facilitated enrollment of such
25 families, data collection, and the provision of reports requested by the
26 office. The program administrator will contract with the social services
27 district to perform all required steps in the eligibility determination.
28 Up to $500,000 of such appropriation shall be available to assist
29 families with copayments required to obtain their child care subsidy.
30 The remaining portion of the pilot project shall be allocated by the
31 office of children and family services to the local social services
32 districts where the project shall be located as determined by the
33 project administrator based on projected need and cost of care for the
34 exclusive purpose of paying child care subsidies for working families
35 with incomes up to 275 percent of the federal poverty level enrolled in
36 the child care subsidy program through such policy initiative. Child
37 care subsidies paid on behalf of eligible families shall be reimbursed
38 at the actual cost of care up to the applicable market rate for the
39 county in which child care is provided and in accordance with the fee
40 schedule for the social services district making the subsidy payment.
41 Notwithstanding any inconsistent provision of law, of the funds appro-
42 priated, the sum of $6,000,000 shall be available for transfer to the
43 federal health and human services fund-265, federal day care account for
44 a pilot program in Oneida County and the Capital Region which will
45 expand access to child care subsidies for working families with income
46 up to 275 percent of the federal poverty level.
47 The union child care coalition of the New York State American Feder-
48 ation of Labor - Congress of Industrial Organizations shall develop
49 plans to be administered by the NYS AFL-CIO Workforce Development Insti-
50 tute for the pilot projects in the Capital Region and Oneida County
51 consistent with state and federal law and subject to the approval of the
52 office of children and family services in consultation with the depart-
53 ment of labor. The union child care coalition shall submit a plan to the
54 office of children and family services and the department of labor with-
55 in sixty days of the effective date of this section for each pilot
56 program site. The office of children and family services, in consulta-
S. 1406--B 248 A. 2106--B
1 tion with the department of labor, shall have up to sixty days from the
2 receipt of a completed plan from the coalition to approve such plan.
3 A portion of such funds shall be provided to the NYS AFL-CIO Workforce
4 Development Institute to implement such plan, as proposed by the union
5 child care coalition of the New York State American Federation of
6 Labor-Congress of Industrial Organizations and approved by the office of
7 children and family services, and to support activities at each site.
8 Such activities shall include: outreach and education of families on
9 subsidy eligibility and selection of appropriate child care arrange-
10 ments, facilitated enrollment of such families, data collection, and the
11 provision of reports requested by the office. The program administrator
12 shall contract with the social services district to perform all required
13 steps in the eligibility determination.
14 Notwithstanding any other provision of law, of the funds appropriated,
15 the sum of $2,000,000 shall be available for transfer to the federal
16 health and human services fund-265, federal day care account for allo-
17 cation to the city of New York to reimburse child care costs of the
18 pilot program satellite child care, operated by the consortium for work-
19 er education.
20 Of the funds so appropriated, notwithstanding any inconsistent
21 provision of law, the sum of $1,960,000 shall be available for transfer
22 to the federal health and human services fund-265, federal day care
23 account for the purpose of providing additional funds for subsidies and
24 quality activities at the state university of New York, provided that of
25 such amount $880,000 shall be available to community colleges and
26 $1,080,000 shall be available to state operated campuses.
27 Of the funds so appropriated, notwithstanding any inconsistent
28 provision of law, the sum of $1,440,000 shall be available for transfer
29 to the federal health and human services fund-265, federal day care
30 account for the purpose of providing additional funds for subsidies and
31 quality activities at the city university of New York, provided that of
32 such amount $560,000 shall be available to community colleges and
33 $880,000 shall be available to senior colleges.
34 Prior to expenditure of funds so appropriated, the commissioner of the
35 office of children and family services shall consult with the commis-
36 sioner of the office of temporary and disability assistance to determine
37 the availability of such funding and to request that the commissioner of
38 the office of temporary and disability assistance take necessary steps
39 to notify the department of health and human services of the transfer of
40 funding for such purposes.
41 § 25. Notwithstanding any inconsistent provision of law, moneys appro-
42 priated in section 1 of the chapter of the laws of 2003 which enacts the
43 education, labor and family assistance budget to the office of children
44 and family services under the child care program from the special reven-
45 ue funds - federal / aid to localities, federal health and human
46 services fund - 265, federal day care account for:
47 (a) funds so appropriated, in amounts certified by the state commis-
48 sioner of the office of children and family services or the state
49 commissioner of health as due from local social services districts each
50 month as their share of payments made pursuant to section 367-b of the
51 social services law may be set aside by the state comptroller in an
52 interest-bearing account with such interest accruing to the credit of
53 the locality in order to ensure the orderly and prompt payment of
54 providers under section 367-b of the social services law pursuant to an
55 estimate provided by the commissioner of health of each local social
56 services district's share of payments made pursuant to section 367-b of
S. 1406--B 249 A. 2106--B
1 the social services law, in lieu of payments authorized by the social
2 services law, or payments of federal funds otherwise due to the local
3 social services districts for programs provided under the federal social
4 security act or the federal food stamp act.
5 (b) aid to municipalities, for services and expenses related to admin-
6 istering activities under the child care block grant and for payments to
7 the federal government for expenditures made pursuant to social services
8 law and the state plan for individual and family grant program under the
9 disaster relief act of 1974.
10 Such funds are to be available for payment of aid, services and
11 expenses heretofore accrued or hereafter to accrue to municipalities.
12 Subject to the approval of the director of the budget, such funds shall
13 be available to the office net of disallowances, refunds, reimburse-
14 ments, and credits.
15 (c) the increase or decrease in the amount so appropriated, by inter-
16 change with any other appropriation or with any other item or items
17 within the amounts appropriated within the department of family assist-
18 ance, office of temporary and disability assistance and office of chil-
19 dren and family services federal funds - local assistance account with
20 the approval of the director of the budget who shall file such approval
21 with the department of audit and control and copies thereof with the
22 chairman of the senate finance committee and the chairman of the assem-
23 bly ways and means committee.
24 (d) combining money so appropriated with any federal funds transferred
25 from the office of children and family services federal health education
26 and human services fund - 265 appropriating federal temporary assistance
27 for needy families block grant funds and, upon approval of the director
28 of the budget, transfer of federal - 265 federal temporary assistance
29 for needy families block grant funds made available from the New York
30 works compliance fund program, in combination with the money appropri-
31 ated in the general fund / aid to localities local assistance account -
32 001, and money so appropriated for the state block grant for child care
33 shall constitute the state block grant for child care. The state block
34 grant for child care shall be divided into two parts pursuant to a plan
35 developed by the office of children and family services and approved by
36 the director of the budget. One part shall be retained by the state to
37 provide child care assistance on a statewide basis to special groups and
38 for activities to increase the availability and/or quality of child care
39 programs; provided however, that up to $5,000,000 of this amount may be
40 set aside for child care resource and referral programs funded under
41 title 5-B of article 6 of the social services law. Such child care
42 resource and referral programs shall meet additional performance stand-
43 ards developed by the office of children and family services including
44 but not limited to: increasing the number of child care placements for
45 persons who are at or below 200 percent of the state income standard
46 with emphasis on placements supporting local efforts in meeting federal
47 and state work participation requirements, increasing technical assist-
48 ance to all modalities of legal child care to persons who are at or
49 below 200 percent of the state income standard, including the provision
50 of training to assist providers in meeting child care standards or regu-
51 latory requirements, and creating new child care opportunities, and
52 assisting social services districts in assessing and responding to child
53 care needs for persons at or below 200 percent of the state income stan-
54 dard. The office shall have the authority to withhold funds from those
55 agencies which do not meet performance standards. Agencies whose funds
56 are withheld may have funds restored upon achieving performance stand-
S. 1406--B 250 A. 2106--B
1 ards. The other part shall be allocated to social services districts to
2 provide child care assistance to families receiving assistance and to
3 such other low-income families as the office of children and family
4 services determines to be eligible for such services. The part of the
5 block grant that is determined to be available to social services
6 districts for child care assistance shall be apportioned among the
7 social services districts by such office according to the allocation
8 plan developed by the office and submitted to the director of the budget
9 for approval within 60 days of enactment of the budget. The allocation
10 plan shall be based, at least in part, on historical costs and on the
11 availability and cost of, and the need for, child care assistance in
12 each social services district. Annual allocations shall be made on a
13 federal fiscal year basis. Reimbursement under the block grant to a
14 social services district for its expenditures for child care assistance
15 shall be available for 75 percent of the district's expenditures for
16 child care assistance provided to those families in receipt of public
17 assistance which are eligible for child care assistance under this title
18 and for 100 percent of the district's expenditures for other eligible
19 families; provided, however, that such reimbursement shall be limited to
20 the district's annual state block grant allocation. A district's block
21 grant allocation for a particular federal fiscal year is available only
22 for child care assistance expenditures made during that federal fiscal
23 year and which are claimed by March 31 of the year immediately following
24 the end of that federal fiscal year. Any portion of a social services
25 district's block grant allocation for a particular federal fiscal year
26 that is not claimed by such district by March 31 of the year immediately
27 following the end of that federal fiscal year shall be added to that
28 social services district's block grant allocation for the next federal
29 fiscal year. Any claims for child care assistance made by a social
30 services district for expenditures made during a particular federal
31 fiscal year, other than claims made under title XX of the federal social
32 security act, shall be counted against the social services district's
33 block grant allocation for that federal fiscal year.
34 A social services district shall expend its allocation from the block
35 grant in accordance with the applicable provisions in federal law and
36 regulations relating to the federal funds included in the state block
37 grant for child care and the regulations of the office of children and
38 family services. Each social services district may spend no more than 5
39 percent of its block grant allocation for administrative activities. A
40 social services district may establish, in the district's consolidated
41 services plan, priorities for the families which will be eligible to
42 receive funding. A social services district shall be authorized to set
43 aside portions of its block grant allocation to serve one or more of its
44 priority groups and/or to discontinue funding to families with lower
45 priorities in order to serve families with higher priorities. Child care
46 assistance funded under the block grant must meet all applicable stand-
47 ards set forth in section 390 of the social services law or the adminis-
48 trative code of the city of New York, including child day care in a
49 child day care center, family day care home, group family day care home,
50 school age child care program, or in home care which is not subject to
51 licensure, certification or registration, or any other lawful form of
52 care for less than twenty-four hours per day. Social services districts
53 shall provide directly or through referral technical assistance and
54 relevant health and safety information to all public assistance recipi-
55 ents who voluntarily choose to provide child care assistance as part of
S. 1406--B 251 A. 2106--B
1 their work activities or as community service under title 9-B of article
2 5 of the social services law.
3 Each social services district shall maintain the amount of local funds
4 expended for child care assistance under the child care block grant at a
5 level equal to or greater than the amount the district expended under
6 title IV-A of the federal social security act, the federal child care
7 development block grant and the state low-income day care program for
8 child care assistance during federal fiscal year 1995. Notwithstanding
9 any other provision of law, each district's claims submitted under the
10 state block grant for child care will be processed in a manner that
11 maximizes the availability of federal funds and ensures that the
12 district meets its maintenance of effort requirement in each applicable
13 federal fiscal year.
14 § 26. Moneys appropriated in section 1 of the chapter of the laws of
15 2003 which enacts the education, labor and family assistance budget to
16 the office of children and family services under the child care program
17 from the special revenue funds - other / aid to localities, miscella-
18 neous special revenue fund - 339, quality child care and protection
19 account for services and expenses related to administering the "quality
20 child care and protection act" specifically, the provision of grants to
21 child day care providers for health and safety purposes and for training
22 of child day care provider staff. No expenditure shall be made from this
23 account until an expenditure plan has been approved by the director of
24 the budget.
25 § 27. Notwithstanding section 51 of the state finance law and any
26 other provision of law to the contrary, moneys appropriated in section 1
27 of the chapter of the laws of 2003 which enacts the education, labor and
28 family assistance budget to the office of children and family services
29 under the commission for the blind and visually handicapped from the
30 general fund / state operations, state purposes account - 003, mainte-
31 nance undistributed for services and expenses of service and training
32 programs for the blind and visually handicapped, including, but not
33 limited to, state match of federal funds made available under various
34 provisions of the federal vocational rehabilitation act and the federal
35 randolph-sheppard act including transfer or suballocation to other state
36 agencies.
37 § 28. Notwithstanding section 51 of the state finance law and any
38 other provision of law to the contrary, moneys appropriated in section 1
39 of the chapter of the laws of 2003 which enacts the education, labor and
40 family assistance budget to the office of children and family services
41 under the commission for the blind and visually handicapped from the
42 general fund / state operations, state purposes account - 003 for
43 services and expenses of programs that support the blind and visually
44 handicapped, including, but not limited to, supportive services for
45 blind and visually handicapped children and blind and visually hand-
46 icapped elderly persons including transfer or suballocation to other
47 state agencies.
48 § 29. Notwithstanding section 51 of the state finance law and any
49 other provision of law to the contrary, moneys appropriated in section 1
50 of the chapter of the laws of 2003 which enacts the education, labor and
51 family assistance budget to the office of children and family services
52 under the commission for the blind and visually handicapped from the
53 special revenue funds - federal / state operations, federal block grant
54 fund - 269, rehabilitation services / basic support account for services
55 and expenses related to the commission for the blind and visually hand-
56 icapped including transfer or suballocation to other state agencies.
S. 1406--B 252 A. 2106--B
1 § 30. Notwithstanding section 51 of the state finance law or any other
2 provision of law to the contrary, moneys appropriated in section 1 of
3 the chapter of the laws of 2003 which enacts the education, labor and
4 family assistance budget to the office of children and family services
5 under the commission for the blind and visually handicapped from the
6 special revenue funds - other / state operations, miscellaneous special
7 revenue fund - 339, CBVH highway revenue account, maintenance undistrib-
8 uted for services and expenses of programs that support the blind and
9 visually handicapped including, but not limited to, supportive services
10 for blind and visually handicapped children and elderly persons, includ-
11 ing transfer or suballocation to other state agencies. No expenditure
12 shall be made from this account for any purpose until an expenditure
13 plan has been approved by the director of the budget.
14 § 31. Notwithstanding section 51 of the state finance law and any
15 other provision of law to the contrary, moneys appropriated in section 1
16 of the chapter of the laws of 2003 which enacts the education, labor and
17 family assistance budget to the office of children and family services
18 under the commission for the blind and visually handicapped from the
19 fiduciary funds / state operations, combined expendable trust fund -
20 020, CBVH gifts and bequests account, maintenance undistributed for
21 services and expenses related to the commission for the blind and visu-
22 ally handicapped, including transfer or suballocation to other state
23 agencies.
24 § 32. Notwithstanding section 51 of the state finance law, and any
25 other provision of law to the contrary, moneys appropriated in section 1
26 of the chapter of the laws of 2003 which enacts the education, labor and
27 family assistance budget to the office of children and family services
28 under the commission for the blind and visually handicapped from the
29 fiduciary funds / state operations, combined expendable trust fund -
30 020, CBVH - vending stand account, maintenance undistributed for
31 services and expenses related to the vending stand program and pension
32 plan including transfer or suballocation to other state agencies and
33 establishing food service sites. No expenditure should be made from this
34 appropriation until an expenditure plan has been approved by the direc-
35 tor of the budget.
36 § 33. Moneys reimbursed in section 1 of the chapter of the laws of
37 2003 which enacts the education, labor and family assistance budget to
38 the office of children and family services under the departmental admin-
39 istrative reimbursement program into the general fund / state oper-
40 ations, state purposes account - 003 departmental expenditures for
41 administration of federal programs, shall be reimbursed from the admin-
42 istrative reimbursement fund, social services income account.
43 § 34. Notwithstanding section 51 of the state finance law and any
44 other provision of law to the contrary, moneys appropriated in section 1
45 of the chapter of the laws of 2003 which enacts the education, labor and
46 family assistance budget to the office of children and family services
47 under the family and children's services program from the general fund /
48 state operations, state purposes account - 003 may be transferred or
49 interchanged upon the authorization of the director of the budget, upon
50 the advice of the commissioner of children and family services, with any
51 other state operations - general fund appropriation within the office of
52 children and family services except where transfer or interchange of
53 appropriations is prohibited or otherwise restricted by law.
54 § 35. Notwithstanding any inconsistent provision of law, moneys appro-
55 priated in section 1 of the chapter of the laws of 2003 which enacts the
56 education, labor and family assistance budget to the office of children
S. 1406--B 253 A. 2106--B
1 and family services under the family and children's services program
2 from the general fund / aid to localities, local assistance account -
3 001:
4 (a) shall be available under a foster care block grant for state
5 reimbursement of eligible social services district expenditures for the
6 provision and administration of foster care services including care,
7 maintenance, supervision, and tuition; for supervision of foster chil-
8 dren placed in federally funded job corps programs; and for care, main-
9 tenance, supervision, and tuition for adjudicated juvenile delinquents
10 and persons in need of supervision placed in residential programs oper-
11 ated by authorized agencies and in out-of-state residential programs.
12 Within the amounts so appropriated, state reimbursement to each social
13 services district for services so identified that are otherwise reim-
14 bursable by the state from April 1, 2003 through March 31, 2004 shall be
15 limited to a district allocation, hereinafter referred to as the
16 district's block grant allocation. Such block grant allocation shall be
17 based on each district's claims submitted for such costs, adjusted by
18 the applicable cost allocation methodology and net of any retroactive
19 payments for the twelve month period ending June 30, 2002 or any other
20 12 month period as determined by the office of children and family
21 services and approved by the director of the budget, and any other
22 factors identified in an allocation plan which shall be submitted for
23 approval by the director of the budget no later than 60 days following
24 enactment of such chapter of the laws of 2003. Any portion of a social
25 services district's allocation from funds so appropriated not claimed by
26 such district during the state fiscal year may be used by such district
27 for expenditures on preventive services provided pursuant to section
28 409-a of the social services law, independent living services and after-
29 care services provided pursuant to regulations of the department of
30 family assistance, claimed by such district during the next state fiscal
31 year up to the amount remaining from the district's foster care block
32 grant allocation, provided however, that any claims for such services
33 during the next state fiscal year in excess of such amount shall be
34 subject to 65 percent state reimbursement exclusive of any federal funds
35 made available for such purposes, in accordance with directives of the
36 department of family assistance and subject to the approval of the
37 director of the budget. Any claims submitted by a social services
38 district for reimbursement for a particular state fiscal year for which
39 the social services district does not receive state or federal
40 reimbursement during that state fiscal year may not be claimed against
41 that district's block grant apportionment for the next state fiscal
42 year.
43 The office of children and family services, with the approval of the
44 director of the budget, may reduce a district's block grant allocation
45 by the state share decrease related to federal retroactive reimbursement
46 for such foster care services identified in this section. Such office,
47 with the approval of the director of the budget, may reduce a district's
48 block grant allocation by the state share of disallowances or sanctions
49 taken against the district pursuant to the social services law or feder-
50 al law.
51 Notwithstanding any other provision of law, the state shall not be
52 responsible for reimbursing a social services district and a district
53 shall not seek state reimbursement for any portion of any state disal-
54 lowance or sanction taken against the social services district, or any
55 federal disallowance attributable to final federal agency decisions or
56 to settlement made, on or after July 1, 1995, when such disallowance or
S. 1406--B 254 A. 2106--B
1 sanction results from the failure of the social services district to
2 comply with federal or state requirements, including, but not limited
3 to, failure to document eligibility for federal or state funds in the
4 case record; provided, however, if the office determines that any feder-
5 al disallowance for services provided between January 1, 1999 and May
6 31, 1999 results solely from the late enactment of the state legislation
7 implementing the federal adoption and safe families act, the state shall
8 be solely responsible for the full amount of the disallowance or sanc-
9 tion; provided, further, however, this provision shall be deemed to
10 apply both prospectively and retroactively regardless of whether such
11 sanctions or disallowances are for services provided or claims made
12 prior to or after April 1, 2003.
13 The money so appropriated is to be available for payment of state aid
14 heretofore accrued or hereafter to accrue to municipalities. Subject to
15 the approval of the director of the budget, the money so appropriated
16 shall be available to such office net of disallowances, refunds,
17 reimbursements, and credits.
18 Notwithstanding any inconsistent provision of law, the amount so
19 appropriated may be increased or decreased by interchange with any other
20 appropriation or with any other item or items within the amounts appro-
21 priated within the department of family assistance, office of temporary
22 and disability assistance and office of children and family services
23 general fund - local assistance account with the approval of the direc-
24 tor of the budget who shall file such approval with the department of
25 audit and control and copies thereof with the chairman of the senate
26 finance committee and the chairman of the assembly ways and means
27 committee.
28 Notwithstanding any inconsistent provision of law, in lieu of payments
29 authorized by the social services law, or payments of federal funds
30 otherwise due to the local social services districts for programs
31 provided under the federal social security act or the federal food stamp
32 act, funds so appropriated, in amounts certified by the state comp-
33 troller or the state commissioner of health as due from local social
34 services districts each month as their share of payments made pursuant
35 to section 367-b of the social services law may be set aside by the
36 state comptroller in an interest bearing account with such interest
37 accruing to the credit of the locality in order to ensure the orderly
38 and prompt payment of providers under section 367-b of the social
39 services law pursuant to an estimate provided by the commissioner of
40 health of each local social services district's share of payments made
41 pursuant to section 367-b of the social services law;
42 (b) for 100 percent state reimbursement to social services districts,
43 after deducting available federal funds, for the costs of providing a
44 required worker recruitment and retention add-on rate to the maximum
45 state aid rates of programs located in New York state set by the office
46 of children and family services pursuant to section 398-a of the social
47 services law and sections 4003 and 4405 of the education law for the
48 2003-04 rate year to provide for an additional three percent increase,
49 effective December 1, 2002, in the amount of funding for the salary and
50 fringe benefit costs for the child care and social services subcomponent
51 and the child care and social services subcomponent of the direct care
52 parameter of the maximum state aid rates shall be paid in the first
53 instance by social services districts.
54 Each agency operating a program in New York state for which the office
55 of children and family services sets a maximum state aid rate pursuant
56 to section 398-a of the social services law or section 4003 or 4405 of
S. 1406--B 255 A. 2106--B
1 the education law shall submit, at a time and in a manner to be deter-
2 mined by the commissioner of the office, a written certification,
3 attesting that such funds will be or were used solely for the purpose of
4 an increase in the salary and fringe benefit costs for the workers
5 included in the child care and social services subcomponent and the
6 child care and social services subcomponent of the direct care parameter
7 of the maximum state aid rates. The commissioner is authorized to audit
8 each agency to determine compliance with the written certification
9 required by this paragraph and shall recoup any funds determined to have
10 been used for any other purposes;
11 (c) shall be made available to reimburse 65 percent of eligible social
12 services district expenditures for child welfare services which shall
13 include and be limited to preventive services provided pursuant to
14 section 409-a of the social services law, child protective services,
15 independent living services, after-care services as defined in regu-
16 lations of the department of family assistance, and adoption adminis-
17 tration and services, other than adoption subsidies provided pursuant to
18 article 6 of the social services law and regulations of the department
19 of family assistance incurred on or after October 1, 2002 and that are
20 otherwise reimbursable by the state on or after April 1, 2003, after
21 first deducting therefrom any federal funds properly received or to be
22 received on account thereof.
23 The money so appropriated is to be available for payment of state aid
24 heretofore accrued or hereafter to accrue to municipalities. Subject to
25 the approval of the director of the budget, the money so appropriated
26 shall be available to the office net of disallowances, refunds,
27 reimbursements, and credits.
28 Notwithstanding any inconsistent provision of law, the amount so
29 appropriated may be increased or decreased by interchange with any other
30 appropriation or with any other item or items within the amounts appro-
31 priated within the department of family assistance, office of temporary
32 and disability assistance and office of children and family services
33 general fund - local assistance account with the approval of the direc-
34 tor of the budget who shall file such approval with the department of
35 audit and control and copies thereof with the chairman of the senate
36 finance committee and the chairman of the assembly ways and means
37 committee.
38 Notwithstanding any inconsistent provision of law, in lieu of payments
39 authorized by the social services law, or payments of federal funds
40 otherwise due to the local social services districts for programs
41 provided under the federal social security act or the federal food stamp
42 act, funds so appropriated, in amounts certified by the state comp-
43 troller or the state commissioner of health as due from local social
44 services districts each month as their share of payments made pursuant
45 to section 367-b of the social services law may be set aside by the
46 state comptroller in an interest bearing account with such interest
47 accruing to the credit of the locality in order to ensure the orderly
48 and prompt payment of providers under section 367-b of the social
49 services law pursuant to an estimate provided by the commissioner of
50 health of each local social services district's share of payments made
51 pursuant to section 367-b of the social services law;
52 (d) for services and expenses of the office of children and family
53 services and local social services districts for activities necessary to
54 comply with certain provisions of the adoption and safe families act of
55 1997 (P.L. 105-89) and chapter 7 of the laws of 1999 requiring criminal
56 record checks for foster care parents, prospective adoptive parents, and
S. 1406--B 256 A. 2106--B
1 adult household members, shall be made available in accordance with a
2 plan to be developed by the commissioner of the office of children and
3 family services and approved by the director of the budget. Of the
4 amounts so appropriated, up to $1,875,000 shall be available for one-
5 half of the non-federal share of the cost of fingerprinting foster care
6 parents, prospective adoptive parents, and other adult household
7 members. Reimbursement from such funds shall be separate from and in
8 addition to the allocation received by the local social services
9 district from the office of children and family services general fund -
10 aid to localities foster care block grant allocation as authorized
11 pursuant to such chapter of the laws of 2003. Notwithstanding any incon-
12 sistent provision of law, and pursuant to chapter 7 of the laws of 1999,
13 the commissioner of the office of children and family services shall
14 reimburse local social services districts for one-half of the non-feder-
15 al share of the cost of obtaining fingerprint records. Such commissioner
16 shall establish necessary protocols for submission of claims for
17 reimbursement by local social services districts that shall require
18 local social services districts to document the actual local cost of
19 obtaining fingerprints and that federal reimbursement has been appropri-
20 ately claimed. Such documentation shall be submitted by the commissioner
21 of the office of children and family services to the director of the
22 budget, in a manner to be prescribed by the director of the budget,
23 prior to allocation of funds so appropriated for the purpose of reim-
24 bursing local social services districts for these costs. Such commis-
25 sioner shall take necessary steps to ensure that no payments made to
26 local social services districts pursuant to such appropriation reimburse
27 costs, other than those expenditures specifically so authorized, that
28 would otherwise be payable pursuant to the office of children and family
29 services general fund - aid to localities foster care block grant appro-
30 priation. Notwithstanding any inconsistent provision of law, and pursu-
31 ant to chapter 7 of the laws of 1999, the commissioner of the office of
32 children and family services shall, on behalf of local social services
33 districts, make payments to the division of criminal justice services
34 for processing criminal record checks and any other related costs. Such
35 commissioner shall ensure expenditures made pursuant to such appropri-
36 ation reflect appropriate federal and local shares. The commissioner of
37 the office of children and family services shall reduce, or shall
38 request that the commissioner of the office of temporary and disability
39 assistance reduce, reimbursement otherwise payable to local social
40 services districts in an amount equal to one-half of the non-federal
41 share of such payments provided that such reduction in payments reflects
42 actual expenditures made on behalf of each local social services
43 district to capture the local share of such costs. Of the amounts so
44 appropriated, up to $828,000 shall be available for transfer to the
45 credit of the office of children and family services general fund -
46 state purposes account for the non-federal share for the operating costs
47 of the fingerprint processing unit.
48 Notwithstanding any inconsistent provision of social services law or
49 state finance law, such commissioner shall, on a quarterly basis,
50 reduce, or shall request that the commissioner of the office of tempo-
51 rary and disability assistance reduce, reimbursements otherwise payable
52 to local social services districts in an amount equal to one-half of the
53 non-federal share of such costs to capture the local share of such
54 costs. Such reduction in local reimbursement shall occur on or before
55 the ninetieth day following the close of the preceding quarter and shall
56 be allocated among districts based on the number of children currently
S. 1406--B 257 A. 2106--B
1 placed in foster care in each local social services district provided
2 that this methodology is revised quarterly to reflect most current
3 available data. Amounts so appropriated may, subject to the director of
4 the budget, be interchanged or transferred with any other appropriation
5 of the office of children and family services or the office of temporary
6 and disability assistance as necessary to reimburse the state share of
7 local social services district cost so appropriated;
8 (e) for services and expenses for the adoption subsidy program pursu-
9 ant to title 9 of article 6 of the social services law shall be avail-
10 able for payment of aid heretofore accrued or hereafter to accrue to
11 municipalities. Subject to the approval of the director of the budget,
12 the amount so appropriated shall be available to the office net of
13 disallowances, refunds, reimbursements, and credits.
14 Notwithstanding any inconsistent provision of law, the amount so
15 appropriated may be increased or decreased by interchange with any other
16 appropriation or with any other item or items within the amounts appro-
17 priated within the department of family assistance, office of temporary
18 and disability assistance and office of children and family services
19 general fund local assistance account with the approval of the director
20 of the budget who shall file such approval with the department of audit
21 and control and copies thereof with the chairman of the senate finance
22 committee and the chairman of the assembly ways and means committee.
23 Notwithstanding any inconsistent provision of law, in lieu of payments
24 authorized by the social services law, or payments of federal funds
25 otherwise due to the local social services districts for programs
26 provided under the federal social security act or the federal food stamp
27 act, funds so appropriated, in amounts certified by the commissioner of
28 children and family services or the state commissioner of health as due
29 from local social services districts each month as their share of
30 payments made pursuant to section 367-b of the social services law may
31 be set aside by the state comptroller in an interest-bearing account
32 with such interest accruing to the credit of the locality in order to
33 ensure the orderly and prompt payment of providers under section 367-b
34 of the social services law pursuant to an estimate provided by the
35 commissioner of health of each local social services district's share of
36 payments made pursuant to section 367-b of the social services law.
37 The amounts so appropriated shall be available for reimbursement of
38 local district claims only to the extent that such claims are submitted
39 within twenty-four months of the last day of the state fiscal year in
40 which the expenditures were incurred, unless waived for good cause by
41 the commissioner of children and family services subject to the approval
42 of the director of the budget.
43 Notwithstanding subdivision 1 of section 453-a of the social services
44 law, of the amount so appropriated, up to $1,000,000 shall be available
45 for services and expenses for activities to expedite the adoption of
46 foster children in targeted areas pursuant to a plan approved by the
47 director of the budget and for reimbursement of 75 percent of local
48 social services districts expenditures for payments made in accordance
49 with subdivisions 2, 4, 5 and 6 of section 453-a of the social services
50 law for nonrecurring adoption expenses incurred by or on behalf of the
51 adoptive parents of a hard to place child, as defined in paragraph (a)
52 or (b) of subdivision 3 of section 451 of the social services law, when
53 such expenses are incurred in connection with the adoption of the child
54 through an authorized agency.
55 Notwithstanding subdivision 4 of section 451 of the social services
56 law, when necessary to reflect the payment of foster care stipend
S. 1406--B 258 A. 2106--B
1 increases in excess of annual cost-of-living adjustments as authorized
2 by chapter 53 of the laws of 1987, of the amount so appropriated, funds
3 shall be made available to reimburse expenditures of social services
4 districts for increased adoption subsidy payments only for adoptions
5 finalized on or after July 1, 1987, in accordance with a plan developed
6 by the commissioner of children and family services and approved by the
7 director of the budget. Notwithstanding subdivision 4 of section 451 of
8 the social services law, for adoptions finalized prior to July 1, 1987,
9 neither the office of children and family services nor the local depart-
10 ment of social services which placed the child for adoption shall be
11 obligated to pay an adoption subsidy payment which includes the foster
12 care stipend increases in excess of the annual cost of living adjustment
13 set forth in chapter 53 of the laws of 1987;
14 (f) shall be available for payment of state aid heretofore accrued or
15 hereafter to accrue to municipalities. Subject to the approval of the
16 director of the budget, the money so appropriated shall be available to
17 the office net of disallowances, refunds, reimbursements, and credits.
18 Notwithstanding any inconsistent provision of law, the amount so
19 appropriated may be increased or decreased by interchange with any other
20 appropriation or with any other item or items within the amounts appro-
21 priated within the department of family assistance, office of temporary
22 and disability assistance and office of children and family services
23 general fund - local assistance account with the approval of the direc-
24 tor of the budget who shall file such approval with the department of
25 audit and control and copies thereof with the chairman of the senate
26 finance committee and the chairman of the assembly ways and means
27 committee.
28 Notwithstanding any inconsistent provision of law, in lieu of payments
29 authorized by the social services law, or payments of federal funds
30 otherwise due to the local social services districts for programs
31 provided under the federal social security act or the federal food stamp
32 act, funds so appropriated, in amounts certified by the commissioner of
33 children and family services or the state commissioner of health as due
34 from local social services districts each month as their share of
35 payments made pursuant to section 367-b of the social services law may
36 be set aside by the state comptroller in an interest-bearing account
37 with such interest accruing to the credit of the locality in order to
38 ensure the orderly and prompt payment of providers under section 367-b
39 of the social services law pursuant to an estimate provided by the
40 commissioner of health of each local social services district's share of
41 payments made pursuant to section 367-b of the social services law.
42 Notwithstanding any inconsistent provision of law, the amount so
43 appropriated shall be available for the designated purposes, less the
44 amount, as certified by the director of the budget, of any transfers
45 from the general fund to the tobacco control and insurance initiatives
46 pool established pursuant to section 2807-v of the public health law, to
47 reflect the state savings attributable to this program resulting from an
48 increase in the federal medical assistance percentage available to the
49 state pursuant to the applicable provisions of the federal social secu-
50 rity act.
51 The amounts so appropriated shall be available for reimbursement of
52 local district claims only to the extent that such claims are submitted
53 within twenty-four months of the last day of the state fiscal year in
54 which the expenditures were incurred, unless waived for good cause by
55 the commissioner subject to the approval of the director of the budget.
S. 1406--B 259 A. 2106--B
1 For services and expenses of medical care for foster children. The
2 amount appropriated herein shall be available for transfer to the
3 medical assistance program for such services and expenses;
4 (g) shall be available for payment of state aid heretofore accrued or
5 hereafter to accrue to municipalities. Subject to the approval of the
6 director of the budget, the money so appropriated shall be available to
7 the office net of disallowances, refunds, reimbursements, and credits.
8 Notwithstanding any inconsistent provision of law, the amount so
9 appropriated may be increased or decreased by interchange with any other
10 appropriation or with any other item or items within the amounts appro-
11 priated within the department of family assistance, office of temporary
12 and disability assistance and office of children and family services
13 general fund - local assistance account with the approval of the direc-
14 tor of the budget who shall file such approval with the department of
15 audit and control and copies thereof with the chairman of the senate
16 finance committee and the chairman of the assembly ways and means
17 committee.
18 Notwithstanding any inconsistent provision of law, in lieu of payments
19 authorized by the social services law, or payments of federal funds
20 otherwise due to the local social services districts for programs
21 provided under the federal social security act or the federal food stamp
22 act, funds so appropriated, in amounts certified by the commissioner of
23 children and family services or the state commissioner of health as due
24 from local social services districts each month as their share of
25 payments made pursuant to section 367-b of the social services law may
26 be set aside by the state comptroller in an interest-bearing account
27 with such interest accruing to the credit of the locality in order to
28 ensure the orderly and prompt payment of providers under section 367-b
29 of the social services law pursuant to an estimate provided by the
30 commissioner of health of each local social services district's share of
31 payments made pursuant to section 367-b of the social services law.
32 The amounts so appropriated shall be available for reimbursement of
33 local district claims only to the extent that such claims are submitted
34 within twenty-four months of the last day of the state fiscal year in
35 which the expenditures were incurred, unless waived for good cause by
36 the commissioner of children and family services subject to the approval
37 of the director of the budget.
38 Notwithstanding any other provision of law to the contrary, the amount
39 so appropriated shall be available for 40 percent reimbursement for
40 local expenditures for maintenance of handicapped children placed by
41 school districts pursuant to article 89 of the education law, except
42 that in the case of a student attending a state-operated school for the
43 deaf or blind pursuant to article 87 or 88 of the education law who was
44 not placed in such school by a school district such expenditures shall
45 be subject to 50 percent reimbursement by the state after first deduct-
46 ing therefrom any federal funds received or to be received on account of
47 such expenditures;
48 (h) shall be available for payment of state aid heretofore accrued or
49 hereafter to accrue to municipalities. Subject to the approval of the
50 director of the budget, the money so appropriated shall be available to
51 the office net of disallowances, refunds, reimbursements, and credits.
52 Notwithstanding any inconsistent provision of law, the amount so
53 appropriated may be increased or decreased by interchange with any other
54 appropriation or with any other item or items within the amounts appro-
55 priated within the department of family assistance, office of temporary
56 and disability assistance and office of children and family services
S. 1406--B 260 A. 2106--B
1 general fund - local assistance account with the approval of the direc-
2 tor of the budget who shall file such approval with the department of
3 audit and control and copies thereof with the chairman of the senate
4 finance committee and the chairman of the assembly ways and means
5 committee.
6 Notwithstanding any inconsistent provision of law, in lieu of payments
7 authorized by the social services law, or payments of federal funds
8 otherwise due to the local social services districts for programs
9 provided under the federal social security act or the federal food stamp
10 act, funds so appropriated, in amounts certified by the commissioner of
11 children and family services or the state commissioner of health as due
12 from local social services districts each month as their share of
13 payments made pursuant to section 367-b of the social services law may
14 be set aside by the state comptroller in an interest-bearing account
15 with such interest accruing to the credit of the locality in order to
16 ensure the orderly and prompt payment of providers under section 367-b
17 of the social services law pursuant to an estimate provided by the
18 commissioner of health of each local social services district's share of
19 payments made pursuant to section 367-b of the social services law.
20 The amount so appropriated, or such other amount as may be approved by
21 the director of the budget, shall be available for 50 percent reimburse-
22 ment after deducting any federal funds available therefor to social
23 services districts for amounts attributable to dormitory authority bill-
24 ings or approved refinancing of such billings which result in local
25 social services districts' claims in excess of a local district's foster
26 care block grant allocation. In addition, subject to the approval of the
27 director of the budget, a portion of funds so appropriated, or such
28 other amount as may be approved by the director of the budget, shall be
29 available for reimbursement related to payments made by a social
30 services district to foster care providers subject to the provisions of
31 section 410-i of the social services law for expenses directly related
32 to projects funded through the housing finance agency for those foster
33 care providers which also received revised or supplemental rates from
34 the applicable regulating agency to accommodate the housing finance
35 agency payments or the refinancing of previously approved dormitory
36 authority payments.
37 Such reimbursement shall be available for 50 percent of social
38 services district costs, after deducting federal funds available there-
39 for, for those social services districts' claims in excess of a social
40 services district's foster care block grant allocation for those amounts
41 exclusively attributable to the previously approved revised or supple-
42 mental rates;
43 (i) for payment of state aid for calendar year 2003 services and
44 expenses for programs pursuant to section 530 of the executive law for
45 secure and non-secure detention services, may provide for reimbursement
46 of up to 100 percent of the cost of care, maintenance and supervision
47 for youth whose residence is outside the county providing the service;
48 provided that upon such reimbursement from such appropriation, the
49 office of children and family services shall bill, and the home county
50 of such youth shall reimburse the office of children and family
51 services, for up to fifty percent of such reimbursement for the cost of
52 care, maintenance and supervision for such youth. Such office shall not
53 reimburse any claims unless they are submitted in final within 12 months
54 of the calendar quarter in which the claimed service or services were
55 delivered. Subject to the approval of the director of the budget funds
56 so appropriated may also be used to meet prior year claims for the state
S. 1406--B 261 A. 2106--B
1 share of local detention costs. Notwithstanding any law to the contrary,
2 such office shall be authorized to promulgate regulations permitting the
3 office to impose fiscal sanctions in the event that the office finds
4 non-compliance with regulations governing secure and non-secure
5 detention facilities. Provided further, the office shall be authorized
6 to promulgate regulations, subject to the approval of the director of
7 the budget, establishing cost standards related to reimbursement of
8 secure and non-secure detention services;
9 (j) for services and expenses related to locally operated youth devel-
10 opment and delinquency prevention programs shall not be expended until a
11 plan has been approved by the director of the budget and a certificate
12 of approval allocating such funds has been issued by the director of the
13 budget.
14 Notwithstanding the provisions of section 420 of the executive law
15 which would require expenditure of state aid for youth programs in a
16 total amount greater than the amount so appropriated, for payment of
17 state aid for programs pursuant to article 19-A of the executive law,
18 for delinquency prevention and youth development. Notwithstanding the
19 provisions of section 420 of the executive law, eligibility for state
20 aid reimbursement for counties which do not participate in the county
21 comprehensive planning process shall be determined as follows: the
22 aggregate amount of state aid for recreation, youth service and similar
23 projects to a county and municipalities within such county shall not
24 exceed $2,750 of which no more than $1,450 may be used for recreation
25 projects, per 1,000 youths residing in the county based on a single
26 count of such youths as shown by the last published federal census for
27 the county certified in the same manner as provided by section 54 of the
28 state finance law. The office of children and family services shall not
29 reimburse any claims unless they are submitted within 12 months of the
30 project year in which the expenditure was made;
31 (k) for services and expenses related to programs providing special
32 delinquency prevention or other youth development services shall not be
33 expended until a plan has been approved by the director of the budget
34 and a certificate of approval allocating these funds has been issued by
35 the director of the budget. The office of children and family services
36 shall not reimburse any claims unless they are submitted within 7 months
37 of the project year in which the expenditure was made.
38 For direct contracts with private not-for-profit community agencies to
39 provide needed services for the operation of programs to prevent juve-
40 nile delinquency and promote youth development, and through an allo-
41 cation to public agencies where it is documented that private not-for-
42 profit community agencies are not available to provide such services.
43 Moneys shall be made available to community agencies in counties outside
44 the city of New York based on a statewide allocation formula determined
45 by each county's eligibility for comprehensive planning funds as a
46 proportion of the statewide total provided under paragraph a of subdivi-
47 sion 1 of section 420 of the executive law.
48 Moneys made available to community agencies shall be allocated by
49 local youth bureaus subject to final funding determinations by the
50 commissioner of children and family services and approved by the direc-
51 tor of the budget.
52 For direct contract with private not-for-profit community agencies to
53 provide needed services for the operation of programs to prevent juve-
54 nile delinquency and promote youth development, and through an allo-
55 cation to public agencies where it is documented that private not-for-
56 profit agencies are not available to provide such services.
S. 1406--B 262 A. 2106--B
1 Moneys shall be made available to community agencies in cities with
2 populations greater than 300,000 and to community agencies statewide;
3 (l) for payment of state aid for programs for the provision of
4 services to runaway and homeless youth pursuant to subdivisions 2, 3 and
5 4 of section 420 of the executive law and pursuant to chapter 800 of the
6 laws of 1985 amending the runaway and homeless youth act for the
7 provision of transitional independent living support services and the
8 establishment and operation of young adult shelters for youth between
9 the ages of 16 and 21, shall not be used by the office of children and
10 family services to reimburse any claims unless they are submitted within
11 12 months of the calendar quarter in which the claimed service or
12 services were delivered. No expenditures shall be made from such appro-
13 priation until an annual expenditure plan is approved by the director of
14 the budget and a certificate of approval allocating such funds has been
15 issued by the director of the budget and copies of such certificate or
16 any amendment thereto filed with the state comptroller, the chairperson
17 of the senate finance committee and the chairperson of the assembly ways
18 and means committee;
19 (m) for services and expenses provided by local probation departments,
20 for the post-placement care of youth leaving a youth residential facili-
21 ty and for services and expenses of the office of children and family
22 services related to community-based programs for youth in the care of
23 the office of children and family services which may include but not be
24 limited to multi-systemic therapy, family functional therapy and/or
25 functional therapeutic foster care, and electronic monitoring, shall be
26 made available subject to the approval of an expenditure plan by the
27 director of the budget. The commissioner of the office of children and
28 family services is hereby directed to develop a restructuring plan
29 detailing the creation of community-based services utilizing multi-sys-
30 temic therapy, family functional therapy, functional therapeutic foster
31 care, and electronic monitoring. Funds from such appropriation shall
32 only be available contingent upon release of a restructuring plan by
33 July 1, 2003 to the temporary president of the senate, the speaker of
34 the assembly, and the respective chairs of the senate finance, assembly
35 ways and means, senate children and families, and assembly children and
36 families committees. Such restructuring plan shall include, but not
37 limited to, the impact that new community-based programs will have on
38 existing beds and facilities operated by the office of children and
39 family services, the number and location of facilities operated by the
40 office of children and family services that will be closed, any changes
41 in program or level of security that may result at any facility operated
42 by the office of children and family services, the impact that new
43 community-based services will have on the workforce employed at facili-
44 ties operated by the office of children and family services, the types
45 of services that are to be established in new community-based programs,
46 the process and factors that the office will utilize in selecting the
47 most appropriate provider should any of the development, training, or
48 implementation of the program be contracted out of the office, and a
49 timeline for the implementation of all anticipated changes in facilities
50 operated by the office of children and family services and the estab-
51 lishment of the new community-based programs.
52 (n) for 50 percent reimbursement to local social services districts
53 for the provision and administration of, after first deducting therefrom
54 any federal funds properly received or to be received on account there-
55 of: adult protective services; residential services for victims of
56 domestic violence who are determined to be ineligible for public assist-
S. 1406--B 263 A. 2106--B
1 ance during the time the victims were residing in residential programs
2 for victims of domestic violence; and nonresidential services for
3 victims of domestic violence shall be available for payment of state aid
4 heretofore accrued or hereafter to accrue to municipalities. Subject to
5 the approval of the director of the budget, the money so appropriated
6 shall be available to the office net of disallowances, refunds,
7 reimbursements, and credits.
8 Notwithstanding any inconsistent provision of law, the amount so
9 appropriated may be increased or decreased by interchange with any other
10 appropriation or with any other item or items within the amounts appro-
11 priated within the department of family assistance, office of temporary
12 and disability assistance and office of children and family services
13 general fund - local assistance account with the approval of the direc-
14 tor of the budget who shall file such approval with the department of
15 audit and control and copies thereof with the chairman of the senate
16 finance committee and the chairman of the assembly ways and means
17 committee.
18 Notwithstanding any inconsistent provision of law, in lieu of payments
19 authorized by the social services law, or payments of federal funds
20 otherwise due to the local social services districts for programs
21 provided under the federal social security act or the federal food stamp
22 act, funds so appropriated, in amounts certified by the commissioner of
23 children and family services or the state commissioner of health as due
24 from local social services districts each month as their share of
25 payments made pursuant to section 367-b of the social services law may
26 be set aside by the state comptroller in an interest-bearing account
27 with such interest accruing to the credit of the locality in order to
28 ensure the orderly and prompt payment of providers under section 367-b
29 of the social services law pursuant to an estimate provided by the
30 commissioner of health of each local social services district's share of
31 payments made pursuant to section 367-b of the social services law; and
32 (o) for services for the prevention of domestic violence and the
33 expenses related thereto, may be made available to the office or its
34 contractors to extent of any federal funds expended pursuant to such
35 appropriation.
36 § 36. Moneys appropriated in section 1 of the chapter of the laws of
37 2003 which enacts the education, labor and family assistance budget to
38 the office of children and family services under the family and chil-
39 dren's services program from the special revenue funds - federal / aid
40 to localities, federal health and human services fund - 265:
41 (a) for aid to municipalities and for payments to the federal govern-
42 ment for expenditures made pursuant to social services law and the state
43 plan for individual and family grant program under the disaster relief
44 act of 1974, for services and expenses of the temporary assistance for
45 needy families block grant program and other eligible expenses pursuant
46 to the federal social security act and the federal personal responsibil-
47 ity and work opportunity reconciliation act of 1996, and chapter 436 of
48 the laws of 1997 enacting welfare reform, shall be available, to the
49 extent of federal temporary assistance for needy families block grant
50 funds or the maximum amount permitted by federal law, for transfer to
51 the title xx social services block grant without requiring any other
52 transfer of funds to any other block grant provided that the director of
53 the budget does not determine that such use of funds can be expected to
54 have the effect of increasing qualified state expenditures under para-
55 graph 7 of subdivision (a) of section 409 of the federal social security
56 act above the minimum applicable federal maintenance of effort require-
S. 1406--B 264 A. 2106--B
1 ment in which event the office of children and family services shall
2 transfer or suballocate amounts so appropriated to the office of tempo-
3 rary and disability assistance in such amounts as may be determined
4 necessary by the director of the budget.
5 Notwithstanding any inconsistent provision of section 153 of the
6 social services law, or any other inconsistent provision of law, of the
7 $244,000,000 so appropriated, $175,000,000 shall be used to provide 100
8 percent reimbursement to local social services districts for eligible
9 expenditures incurred on or after October 1, 2002 that are otherwise
10 reimbursable on or after April 1, 2003 for eligible title xx child
11 welfare services which shall include and be limited to preventive
12 services provided pursuant to section 409-a of the social services law,
13 child protective services, after-care services as defined in regulations
14 of the department of family assistance and adoption administration and
15 services, other than adoption subsidies provided pursuant to article six
16 of the social services law and regulations of the department of family
17 assistance provided to children and their families whose income is less
18 than 200 percent of the official income poverty line (as defined by the
19 federal office of management and budget, and revised annually in accord-
20 ance with section 673 (2) of the federal omnibus budget reconciliation
21 act of 1981) applicable to the family size involved; provided, however,
22 that such funds are not available to a social services district for
23 services to children who are eligible for emergency assistance to fami-
24 lies unless the district fully expends its allocation of $140,000,000
25 appropriated in the office of temporary and disability assistance feder-
26 al-aid to localities health and human service fund-265 for services to
27 children eligible for emergency assistance to families. Provided
28 further, if a district has insufficient eligible claims to fully use its
29 allocation of such $140,000,000 amount, the department of family assist-
30 ance, subject to the approval of the director of the budget, may reallo-
31 cate the unused portion of its allocation of such funds to another
32 social services district with sufficient eligible claims that are not
33 otherwise eligible for federal reimbursement. Notwithstanding any other
34 inconsistent provision of law, all such disbursements against such
35 $175,000,000 shall reduce the amount appropriated in the office of chil-
36 dren and family services general fund - aid to localities child welfare
37 services appropriation by 65 percent of such amount, and the portion of
38 such general fund appropriation so affected shall have no further force
39 or effect. Of the funds so appropriated, the office of children and
40 family services shall allocate such funds based on a district-specific
41 allocation plan that shall be developed by such office and submitted for
42 approval by the director of the budget no later than 60 days following
43 enactment of such chapter of the laws of 2003, based on each district's
44 claims submitted for such costs and any other factors as identified in
45 the allocation plan, adjusted by the applicable cost allocation method-
46 ology and net of any retroactive payments for the 12 month period ending
47 June 30, 2002 or any other 12 month period as determined by the office
48 of children and family services and approved by the director of the
49 budget; provided, however, that if the total amount of a social services
50 district's claims for eligible services is less than the amount allo-
51 cated to the district for such claims, such office may reallocate the
52 unused funds to other social services districts with eligible claims
53 that exceed their allocation; provided further, however, that if there
54 are insufficient claims from all of the social services districts
55 combined to result in a $113,750,000 reduction in claims for services
56 identified in this subdivision using either an alternative procedure or
S. 1406--B 265 A. 2106--B
1 reallocation, the remaining funds shall be transferred or suballocated
2 to the office of temporary and disability assistance subject to the
3 approval of the director of the budget. Notwithstanding any other incon-
4 sistent provision of law, of the funds so appropriated $66,000,000 shall
5 be available to reimburse local social services districts for eligible
6 title xx social services provided in accordance with the provisions of
7 the federal social security act and of such chapter of the law of 2003
8 to individuals, children and their families whose income is less than
9 200 percent of the official income poverty line (as defined by the
10 federal office of management and budget, and revised annually in accord-
11 ance with section 673 (2) of the federal omnibus budget reconciliation
12 act of 1981) applicable to the family size involved. Of the funds so
13 appropriated, the office of children and family services shall allocate
14 such funds based on a district-specific allocation plan that shall be
15 developed by such office and submitted for approval by the director of
16 the budget no later than 60 days following enactment of such chapter of
17 the laws of 2003, based on each district's claims submitted for such
18 costs and any other factors as identified in the allocation plan,
19 adjusted by the applicable cost allocation methodology and net of any
20 retroactive payments for the 12 month period ending June 30, 2002 or any
21 other 12 month period as determined by the office of children and family
22 services and approved by the director of the budget; provided, however,
23 that if the total amount of a social services district's claims for
24 eligible services is less than the amount allocated to the district for
25 such claims, such office may reallocate the unused funds to other social
26 services districts with eligible claims that exceed their allocation,
27 provided further, however, that if there are insufficient claims from
28 all of the social services districts to use all of the funds then any
29 remaining funds shall be transferred or suballocated to the office of
30 temporary and disability assistance, subject to the approval of the
31 director of the budget.
32 Notwithstanding any other inconsistent provision of law, of the funds
33 so appropriated, $3,000,000 shall be available, and to the extent
34 permitted by federal law, may be directly transferred to the department
35 of health for additional services and expenses provided to women,
36 infants and children for persons in receipt of special supplemental
37 program for women, infants and children whose income is less than 200
38 percent of the official income poverty line (as defined by the federal
39 office of management and budget, and revised annually in accordance with
40 section 673 (2) of the federal omnibus budget reconciliation act of
41 1981) applicable to the family size involved. Prior to the expenditure
42 of funds so appropriated, the office of children and family services
43 shall consult with the office of temporary and disability assistance to
44 determine the availability of such funding and to request that the
45 office of temporary and disability assistance take necessary steps to
46 notify the department of health and human services of the transfer of
47 funding for purposes contained so in this subdivision.
48 The funds so appropriated are to be available for payment of state aid
49 heretofore accrued or hereafter to accrue to municipalities. Subject to
50 the approval of the director of the budget, funds so appropriated shall
51 be available to the office of children and family services net of disal-
52 lowances, refunds, reimbursements, and credits.
53 Notwithstanding any inconsistent provision of law, the amount so
54 appropriated may be increased or decreased by interchange with any other
55 appropriation or with any other item or items within the amounts appro-
56 priated within the department of family assistance, office of temporary
S. 1406--B 266 A. 2106--B
1 and disability assistance and office of children and family services
2 federal funds - local assistance account with the approval of the direc-
3 tor of the budget who shall file such approval with the department of
4 audit and control and copies thereof with the chairman of the senate
5 finance committee and the chairman of the assembly ways and means
6 committee.
7 Notwithstanding any inconsistent provision of law, in lieu of payments
8 authorized by the social services law, or payments of federal funds
9 otherwise due to the local social services districts for programs
10 provided under the federal social security act or the federal food stamp
11 act, funds so appropriated, in amounts certified by the state comp-
12 troller or the state commissioner of health as due from local social
13 services districts each month as their share of payments made pursuant
14 to section 367-b of the social services law may be set aside by the
15 state comptroller in an interest bearing account with such interest
16 accruing to the credit of the locality in order to ensure the orderly
17 and prompt payment of providers under section 367-b of the social
18 services law pursuant to an estimate provided by the commissioner of
19 health of each local social services district's share of payments made
20 pursuant to section 367-b of the social services law;
21 (b) appropriating federal temporary assistance for needy families
22 block grant funds, subject to the approval of the director of the budg-
23 et, notwithstanding any inconsistent provision of law, shall be avail-
24 able for services and expenses of programs addressing prevention of
25 adolescent pregnancy and/or out-of-wedlock pregnancy, provided that the
26 director of the budget does not determine that such use of funds can be
27 expected to have the effect of increasing qualified state expenditures
28 under paragraph 7 of subdivision (a) of section 409 of the federal
29 social security act above the minimum applicable federal maintenance of
30 effort requirement in which event the office shall transfer or suballo-
31 cate amounts so appropriated to the office of temporary and disability
32 assistance in such amounts as may be determined necessary by the direc-
33 tor of the budget.
34 Of the amount so appropriated, up to $7,320,000 shall be set aside for
35 services and expenses of programs addressing prevention of adolescent
36 pregnancy.
37 Funds so appropriated shall be available pursuant to a plan prepared
38 by the office and approved by the division of the budget to maintain
39 service levels either through extension of current contracts or through
40 award of new contracts through a competitive process to not-for-profit
41 and voluntary agency providers.
42 Of the amount so appropriated, up to $350,000 shall be available for
43 transfer to the state education department to support the family life
44 education program in accordance with a plan approved by the commissioner
45 of the office of children and family services and the director of the
46 budget;
47 (c) appropriating federal temporary assistance for needy families
48 block grant funds, subject to the approval of the director of the budg-
49 et, notwithstanding any inconsistent provision of law shall be available
50 for services and expenses related to the home visiting program, provided
51 that the director of the budget does not determine that such use of
52 funds can be expected to have the effect of increasing qualified state
53 expenditures under paragraph 7 of subdivision (a) of section 409 of the
54 federal social security act above the minimum applicable federal mainte-
55 nance of effort requirement in which event the office shall transfer or
56 suballocate amounts so appropriated to the office of temporary and disa-
S. 1406--B 267 A. 2106--B
1 bility assistance in such amounts as may be determined necessary by the
2 director of the budget. Funds so appropriated shall be available pursu-
3 ant to a plan approved by the division of the budget to maintain service
4 levels either through extension or expansion of current contracts or
5 through award of new contracts through a competitive process to not-for-
6 profit and voluntary agency providers. Services funded through such
7 appropriation shall be made available to families with children whose
8 income is less than 200 percent of the official income poverty line (as
9 defined by the federal office of management and budget, and revised
10 annually in accordance with section 673 (2) of the federal omnibus budg-
11 et reconciliation act of 1981) applicable to the family size involved;
12 (d) appropriating federal temporary assistance for needy families
13 block grant funds, subject to the approval of the director of the budg-
14 et, notwithstanding any inconsistent provision of law, without state or
15 local financial participation, shall be available for services and
16 expenses related to the advantage after-school program, provided that
17 the director of the budget does not determine that such use of funds can
18 be expected to have the effect of increasing qualified state expendi-
19 tures under paragraph 7 of subdivision (a) of section 409 of the federal
20 social security act above the minimum applicable federal maintenance of
21 effort requirement in which event the office of children and family
22 services shall transfer or suballocate amounts so appropriated to the
23 office of temporary and disability assistance in such amounts as may be
24 determined necessary by the director of the budget.
25 Funds so appropriated shall be available for services and expenses of
26 the advantage after school program pursuant to a plan developed by the
27 office and approved by the director of the budget to maintain service
28 levels either through extension or expansion of current contracts with
29 community-based organizations or through award of new contracts through
30 a competitive process to community-based organizations; and
31 (e) for services and expenses for the foster care and adoption assist-
32 ance program, including related administrative expenses and for services
33 and expenses for child welfare and family preservation and family
34 support services provided pursuant to title IV-a, subparts 1 and 2 of
35 title IV-b and title IV-e of the federal social security act including
36 the federal share of costs incurred implementing the federal adoption
37 and safe families act of 1997 (P.L. 105-89) shall not be available, to
38 the extent of those funds provided pursuant to subparts 1 and 2 of title
39 IV-b of the federal social security act, to a social services district
40 for services to children who are eligible for emergency assistance to
41 families unless the district fully expends its allocation of
42 $140,000,000 appropriated in the office of temporary and disability
43 assistance federal-aid to localities health and human service fund-265
44 for services provided to children eligible for emergency assistance to
45 families.
46 To the extent permitted by federal law and regulation, funds so appro-
47 priated pursuant to subpart 2 of title IV-b of the federal social secu-
48 rity act may be used for expenses related to the home rebuilders program
49 to the extent other federal funding sources are unavailable.
50 Notwithstanding any inconsistent provision of law, in lieu of payments
51 authorized by the social services law, or payments of federal funds
52 otherwise due to the local social services districts for programs
53 provided under the federal social security act or the federal food stamp
54 act, funds so appropriated, in amounts certified by the commissioner of
55 children and family services or the state commissioner of health as due
56 from local social services districts each month as their share of
S. 1406--B 268 A. 2106--B
1 payments made pursuant to section 367-b of the social services law may
2 be set aside by the state comptroller in an interest-bearing account
3 with such interest accruing to the credit of the locality in order to
4 ensure the orderly and prompt payment of providers under section 367-b
5 of the social services law pursuant to an estimate provided by the
6 commissioner of health of each local social services district's share of
7 payments made pursuant to section 367-b of the social services law.
8 Funds so appropriated shall be available for aid to municipalities and
9 for payments to the federal government for expenditures made pursuant to
10 social services law and the state plan for individual and family grant
11 program under the disaster relief act of 1974.
12 Such funds shall be available for payment of aid heretofore accrued or
13 hereafter to accrue to municipalities. Subject to the approval of the
14 director of the budget, such funds shall be available to the office net
15 of disallowances, refunds, reimbursements, and credits.
16 Notwithstanding any inconsistent provision of law, the amount so
17 appropriated may be increased or decreased by interchange with any other
18 appropriation or with any other item or items within the amounts appro-
19 priated within the department of family assistance, office of temporary
20 and disability assistance and office of children and family services
21 federal funds - local assistance account with the approval of the direc-
22 tor of the budget who shall file such approval with the department of
23 audit and control and copies thereof with the chairman of the senate
24 finance committee and the chairman of the assembly ways and means
25 committee.
26 § 37. Moneys appropriated in section 1 of the chapter of the laws of
27 2003 which enacts the education, labor and family assistance budget to
28 the office of children and family services under the family and chil-
29 dren's services program from the special revenue funds - federal/aid to
30 localities, federal block grant fund - 269 for services and expenses for
31 supportive social services provided pursuant to title xx of the federal
32 social security act, shall be apportioned by the office of children and
33 family services to local social services districts to reimburse local
34 district expenditures for supportive services and training subject to
35 the approval of the director of the budget.
36 Of the funds so available, including any funds transferred from the
37 temporary assistance to needy families block grant to the title xx block
38 grant, $66,000,000 shall be allocated to social services districts,
39 solely for reimbursement of expenditures for the provision and adminis-
40 tration of adult protective services, residential services for victims
41 of domestic violence who are determined to be ineligible for public
42 assistance during the time the victims were residing in residential
43 programs for victims of domestic violence, and nonresidential services
44 for victims of domestic violence, pursuant to an allocation plan devel-
45 oped by the office and submitted for approval by the division of the
46 budget no later than 60 days following enactment of such chapter of the
47 laws of 2003, based on each district's claims for such costs and any
48 other factors as identified in the allocation plan, adjusted by applica-
49 ble cost allocation methodology and net of any retroactive payments for
50 the twelve month period ending June 30, 2002, or any other 12 month
51 period as determined by the office of children and family services and
52 approved by the director of the budget; provided, however, that if such
53 office determines that the total amount of a social services district's
54 claims for such services which could be reimbursed from such funds is
55 less than the amount allocated to the district for such claims, such
56 office may, subject to approval by the director of the budget, authorize
S. 1406--B 269 A. 2106--B
1 the district to use these funds for other allowable claims; provided
2 further, however, that if the total amount of a social services
3 district's allowable claims is less than the amount allocated to the
4 district for such claims, the office may reallocate the unused funds to
5 other social services districts with eligible claims that exceed their
6 allocation.
7 Funds so appropriated shall be available for aid to municipalities and
8 for payments to the federal government for expenditures made pursuant to
9 social services law and the state plan for individual and family grant
10 program under the disaster relief act of 1974.
11 The funds so appropriated shall be available for payment of state aid
12 heretofore accrued or hereafter to accrue to municipalities. Subject to
13 the approval of the director of the budget, funds so appropriated shall
14 be available to the office of children and family services net of disal-
15 lowances, refunds, reimbursements, and credits.
16 Notwithstanding any inconsistent provision of law, the amount so
17 appropriated may be increased or decreased by interchange with any other
18 appropriation or with any other item or items within the amounts appro-
19 priated within the department of family assistance, office of temporary
20 and disability assistance and office of children and family services
21 federal funds - local assistance account with the approval of the direc-
22 tor of the budget who shall file such approval with the department of
23 audit and control and copies thereof with the chairman of the senate
24 finance committee and the chairman of the assembly ways and means
25 committee.
26 Notwithstanding any inconsistent provision of law, in lieu of payments
27 authorized by the social services law, or payments of federal funds
28 otherwise due to the local social services districts for programs
29 provided under the federal social security act or the federal food stamp
30 act, funds so appropriated, in amounts certified by the state comp-
31 troller or the state commissioner of health as due from local social
32 services districts each month as their share of payments made pursuant
33 to section 367-b of the social services law may be set aside by the
34 state comptroller in an interest bearing account with such interest
35 accruing to the credit of the locality in order to ensure the orderly
36 and prompt payment of providers under section 367-b of the social
37 services law pursuant to an estimate provided by the commissioner of
38 health of each local social services district's share of payments made
39 pursuant to section 367-b of the social services law.
40 § 38. Moneys appropriated in section 1 of the chapter of the laws of
41 2003 which enacts the education, labor and family assistance budget to
42 the office of children and family services under the family and chil-
43 dren's services program from the special revenue funds - other / aid to
44 localities, miscellaneous special revenue fund - 339, children and fami-
45 ly services quality enhancement account, for services and expenses
46 related to activities to increase the availability and/or quality of
47 children and family services programs shall not be expended until an
48 expenditure plan has been approved by the director of the budget.
49 Notwithstanding any inconsistent provision of law, such funds shall only
50 be expended through a competitive process.
51 § 39. Moneys appropriated in section 1 of the chapter of the laws of
52 2003 which enacts the education, labor and family assistance budget to
53 the office of children and family services under the family and chil-
54 dren's services program from the special revenue funds - other / aid to
55 localities, miscellaneous special revenue fund - 339, family preserva-
56 tion and federal family violence services account, for services and
S. 1406--B 270 A. 2106--B
1 expenses associated with the home visiting program, the coordinated
2 children's services initiative, domestic violence programs and related
3 programs, shall be expended subject to the approval of the director of
4 the budget.
5 § 40. Notwithstanding section 51 of the state finance law and any
6 other provision of law to the contrary, moneys appropriated in section 1
7 of the chapter of the laws of 2003 which enacts the education, labor and
8 family assistance budget to the office of children and family services
9 under the systems support program from the general fund / state oper-
10 ations, state purposes account - 003 for services and expenses of the
11 systems support program may be transferred or interchanged upon the
12 advice of the commissioner of the office of children and family
13 services, with any other state operations - general fund appropriation
14 within the office of children and family services except where transfer
15 or interchange of appropriations is prohibited or otherwise restricted
16 by law.
17 § 41. Notwithstanding any provision of law to the contrary, moneys
18 appropriated in section 1 of the chapter of the laws of 2003 which
19 enacts the education, labor and family assistance budget to the office
20 of children and family services under the systems support program from
21 the general fund / state operations, state purposes account - 003, main-
22 tenance undistributed for:
23 (a) the non-federal share of services and expenses of the office of
24 children and family services for continued maintenance of the statewide
25 automated child welfare information system. This appropriation shall
26 only be available upon approval of an expenditure plan by the director
27 of the budget and submission of an expenditure plan to the chairperson
28 of the senate finance committee and the chairperson of the assembly ways
29 and means committee;
30 (b) the non-federal share of services and expenses to operate the
31 statewide automated child welfare information system. This appropri-
32 ation or a portion thereof shall be made available only upon approval of
33 an expenditure plan by the director of the budget; and
34 (c) the non-federal share of services and expenses of the office of
35 children and family services for continued development of the statewide
36 automated child welfare information system. This appropriation shall
37 only be available upon approval of an expenditure plan by the director
38 of the budget.
39 § 42. Moneys appropriated in section 1 of the chapter of the laws of
40 2003 which enacts the education, labor and family assistance budget to
41 the office of children and family services under the systems support
42 program from the special revenue funds - federal / state operations,
43 federal health and human services fund - 265, connections account for
44 services and expenses for the statewide automated child welfare informa-
45 tion system including related administrative expenses provided pursuant
46 to title IV-e of the federal social security act are to be available
47 heretofore accrued and hereafter to accrue for liabilities associated
48 with the continued maintenance, operation, and development of the state-
49 wide automated child welfare information system. Subject to the approval
50 of the director of the budget, such funds shall be available to the
51 office net of disallowances, refunds, reimbursements, and credits.
52 § 43. Moneys appropriated in section 1 of the chapter of the laws of
53 2003 which enacts the education, labor and family assistance budget to
54 the office of children and family services under the systems support
55 program from the special revenue funds - other / state operations,
56 miscellaneous special revenue fund - 339, connections account for
S. 1406--B 271 A. 2106--B
1 services and expenses related to the statewide automated child welfare
2 information system shall be available to the office of children and
3 family services net of disallowances, refunds, reimbursements and cred-
4 its, subject to the approval of the director of the budget.
5 § 44. Moneys appropriated in section 1 of the chapter of the laws of
6 2003 which enacts the education, labor and family assistance budget to
7 the office of children and family services under the training and devel-
8 opment program from the general fund / state operations, state purposes
9 account - 003, maintenance undistributed for:
10 (a) the non-federal share of training contracts, including but not
11 limited to, child welfare, public assistance and medical assistance
12 training contracts with not-for-profit agencies or other governmental
13 entities may only be made available upon approval of an expenditure plan
14 by the director of the budget and pursuant to an approvable cost allo-
15 cation plan submitted to the department of health and human services or
16 any other applicable federal agency. Funds available under this appro-
17 priation may be used only after all available funding from other revenue
18 sources, as determined by the director of the budget and including, but
19 not limited to the special revenue funds - other office of children and
20 family services training, management and evaluation account and the
21 special revenue - other office of children and family services state
22 match account have been fully expended. This appropriation shall only be
23 available for payment of contractual obligations and may not be inter-
24 changed or transferred for any other program or purpose except that up
25 to $750,000 may be transferred to the office of children and family
26 services general fund - local assistance training and development
27 account for reimbursement of local social services district training
28 expenses not otherwise eligible for federal reimbursement pursuant to a
29 federally approved cost allocation plan. Prior to the transfer of such
30 funds, the commissioner of the office of children and family services
31 shall submit an expenditure plan to the director of the budget that
32 shall identify such costs incurred by local social services districts
33 and documentation that costs determined to be eligible for such
34 reimbursement were incurred by the local social services district solely
35 as the result of the cost allocation plan and not for any other purpose;
36 and
37 (b) the required state match of training contracts including, but not
38 limited to, child welfare and public assistance training contracts with
39 not-for-profit agencies or other governmental entities shall only be
40 used to reduce the required state match incurred by the office of chil-
41 dren and family services, the office of temporary and disability assist-
42 ance, the department of health and the department of labor funded
43 through other sources, provided, however, that the state match require-
44 ment of each agency shall be reduced in an amount proportional to the
45 use of these moneys to reduce the overall state match requirement. Funds
46 appropriated shall not be available for personal services costs of the
47 office of children and family services, the office of temporary and
48 disability assistance, the department of health and the department of
49 labor and may not be transferred or interchanged with any other appro-
50 priation. Funds may only be made available upon approval of an expendi-
51 ture plan by the director of the budget and pursuant to a cost allo-
52 cation plan approved by the director of the budget and pursuant to an
53 approvable cost allocation plan submitted to the department of health
54 and human services or any other applicable federal agency. Funds avail-
55 able pursuant to this appropriation may be used only after all available
56 funding from other revenue sources, as determined by the director of the
S. 1406--B 272 A. 2106--B
1 budget, and including, but not limited to, the special revenue fund -
2 other office of children and family services training, management, and
3 evaluation account and the special revenue - other office of children
4 and family services state match account have been fully expended.
5 § 45. Moneys appropriated in section 1 of the chapter of the laws of
6 2003 which enacts the education, labor and family assistance budget to
7 the office of children and family services under the training and devel-
8 opment program from the general fund / aid to localities, local assist-
9 ance account - 001 for state reimbursement to local social services
10 districts for training expenses associated with title IV-a, title IV-e,
11 title IV-d, title IV-f and title XIX of the federal social security act
12 or their successor titles and programs shall be available for aid to
13 municipalities and for payments to the federal government for expendi-
14 tures made pursuant to social services law and the state plan for indi-
15 vidual and family grant program under the disaster relief act of 1974.
16 Such funds are to be available for payment of aid heretofore accrued
17 or hereafter to accrue to municipalities. Subject to the approval of the
18 director of the budget, such funds shall be available to the office net
19 of disallowances, refunds, reimbursements, and credits.
20 The amount so appropriated, as may be adjusted by transfer of general
21 fund moneys for administration of child welfare, training and develop-
22 ment, public assistance, and food stamp programs appropriated in the
23 office of children and family services and the office of temporary and
24 disability assistance, shall constitute total state reimbursement for
25 all local training programs in state fiscal year 2003-04.
26 § 46. Moneys appropriated in section 1 of the chapter of the laws of
27 2003 which enacts the education, labor and family assistance budget to
28 the office of children and family services under the training and devel-
29 opment program into the special revenue funds - federal / aid to locali-
30 ties, federal USDA - food and nutrition services fund - 261, federal
31 food and nutrition services account for local social services districts
32 for training expenses associated with the food stamp program shall be
33 available for aid to municipalities and for payments to the federal
34 government for expenditures made pursuant to social services law and the
35 state plan for individual and family grant program under the disaster
36 relief act of 1974.
37 Such funds are to be available for payment of aid heretofore accrued
38 or hereafter to accrue to municipalities. Subject to the approval of the
39 director of the budget, such funds shall be available to the office net
40 of disallowances, refunds, reimbursements, and credits.
41 § 47. Moneys appropriated in section 1 of the chapter of the laws of
42 2003 which enacts the education, labor and family assistance budget to
43 the office of children and family services under the training and devel-
44 opment program into the special revenue funds - federal / aid to locali-
45 ties, federal health and human services fund - 265 for local social
46 services districts for training expenses associated with title IV-a,
47 title IV-e, title IV-d and title XIX of the federal social security act
48 or their successor titles and programs shall be available for aid to
49 municipalities and for payments to the federal government for expendi-
50 tures made pursuant to social services law and the state plan for indi-
51 vidual and family grant program under the disaster relief act of 1974.
52 Such funds are to be available for payment of aid heretofore accrued
53 or hereafter to accrue to municipalities. Subject to the approval of the
54 director of the budget, such funds shall be available to the office net
55 of disallowances, refunds, reimbursements, and credits.
S. 1406--B 273 A. 2106--B
1 § 48. Moneys appropriated in section 1 of the chapter of the laws of
2 2003 which enacts the education, labor and family assistance budget to
3 the office of children and family services under the training and devel-
4 opment program from the special revenue funds - other / state oper-
5 ations, miscellaneous special revenue fund - 339, multiagency training
6 contract account, maintenance undistributed for services and expenses
7 related to the operation of the training and development program includ-
8 ing, but not limited to, personal service, fringe benefits and nonper-
9 sonal service, to the extent that costs incurred through payment from
10 this appropriation result from training activities performed on behalf
11 of the office of children and family services, the office of temporary
12 and disability assistance, the department of health, the department of
13 labor or any other state or local agency, expenditures made from this
14 appropriation shall be reduced by any federal, state, or local funding
15 available for such purpose in accordance with a cost allocation plan
16 submitted to the federal government. No expenditure shall be made from
17 this account until an expenditure plan has been approved by the director
18 of the budget.
19 § 49. Moneys appropriated in section 1 of the chapter of the laws of
20 2003 which enacts the education, labor and family assistance budget to
21 the office of children and family services under the training and devel-
22 opment program from the special revenue funds - other / state oper-
23 ations, miscellaneous special revenue fund - 339, state match account
24 for services and expenses related to the training and development
25 program, $1,500,000 may be used only to provide state match for federal
26 training funds in accordance with an agreement with social services
27 districts including, but not limited to, the city of New York. Any
28 agreement with a social services district is subject to the approval of
29 the director of the budget. No expenditure shall be made from this
30 account for personal service costs. No expenditure shall be made from
31 this account until an expenditure plan for this purpose has been
32 approved by the director of the budget.
33 § 50. Of the moneys appropriated in section 1 of the chapter of the
34 laws of 2003 which enacts the education, labor and family assistance
35 budget to the office of children and family services under the training
36 and development program from the special revenue funds - other / state
37 operations, miscellaneous special revenue fund - 339, training, manage-
38 ment and evaluation account, maintenance undistributed for services and
39 expenses related to the training and development program, the office
40 shall expend not less than $359,000 for services and expenses of child
41 abuse prevention training pursuant to chapters 676 and 677 of the laws
42 of 1985. Up to an additional $450,000 of the amount so appropriated
43 shall be suballocated to the office of temporary and disability assist-
44 ance and shall be used to support the personal service and related
45 nonpersonal service costs of corrective action staff. No expenditure
46 shall be made from this account for any purpose until an expenditure
47 plan has been approved by the director of the budget.
48 § 51. Notwithstanding section 51 of the state finance law and any
49 other provision of law to the contrary, moneys appropriated in section 1
50 of the chapter of the laws of 2003 which enacts the education, labor and
51 family assistance budget to the office of children and family services
52 under the youth facilities program from the general fund / state oper-
53 ations, state purposes account - 003 for services and expenses for the
54 youth facilities program, the director of the budget may, upon the
55 advice of the commissioner of children and family services, authorize
56 the transfer or interchange of moneys appropriated herein with any other
S. 1406--B 274 A. 2106--B
1 state operations - general fund appropriation within the office of chil-
2 dren and family services except where transfer or interchange of appro-
3 priations is prohibited or otherwise restricted by law.
4 § 52. Moneys appropriated in section 1 of the chapter of the laws of
5 2003 which enacts the education, labor and family assistance budget to
6 the office of children and family services under the youth facilities
7 program from the general fund / state operations, state purposes account
8 - 003, maintenance undistributed for services and expenses related to
9 community-based programs for youth in the care of the office of children
10 and family services that may include but not be limited to multi-system-
11 ic therapy, functional family therapy, functional therapeutic foster
12 care, and electronic monitoring shall be made available subject to the
13 approval of an expenditure plan by the director of the budget. The
14 commissioner of the office of children and family services is hereby
15 directed to develop a restructuring plan detailing the creation of
16 community-based services utilizing multi-systemic therapy, family func-
17 tional therapy, functional therapeutic foster care, and electronic moni-
18 toring. Funds from such appropriation shall only be available contingent
19 upon release of a restructuring plan by July 1, 2003 to the temporary
20 president of the senate, the speaker of the assembly, and the respective
21 chairs of the senate finance, assembly ways and means, senate children
22 and families, and assembly children and families committees. Such
23 restructuring plan shall include, but not be limited to, the impact that
24 new community-based programs will have on existing beds and facilities
25 operated by the office of children and family services, the number and
26 location of facilities operated by the office of children and family
27 services that will be closed, any changes in program or level of securi-
28 ty that may result at any facility operated by the office of children
29 and family services, the impact that new community-based services will
30 have on the workforce employed at facilities operated by the office of
31 children and family services, the types of services that are to be
32 established in new community-based programs, the process and factors
33 that the office will utilize in selecting the most appropriate provider
34 should any of the development, training, or implementation of the
35 program be contracted out of the office, and a timeline for the imple-
36 mentation of all anticipated changes in facilities operated by the
37 office of children and family services and the establishment of the new
38 community-based programs.
39 OFFICE OF TEMPORARY AND DISABILITY
40 ASSISTANCE
41 § 53. Notwithstanding section 51 of the state finance law and any
42 other provision of law to the contrary, moneys appropriated in section 1
43 of the chapter of the laws of 2003 which enacts the education, labor and
44 family assistance budget to the office of temporary and disability
45 assistance under the administration program from the general fund /
46 state operations, state purposes account - 003 may be transferred or
47 interchanged upon authorization of the director of the budget, upon the
48 advice of the commissioner of temporary and disability assistance, with
49 any other state operations - general fund appropriation within the
50 office of temporary and disability assistance except where transfer or
51 interchange of appropriations is prohibited or otherwise restricted by
52 such chapter of the laws of 2003 enacting the education, labor and fami-
53 ly assistance budget. Notwithstanding any inconsistent provision of law,
54 the nonpersonal service moneys so appropriated may be increased or
S. 1406--B 275 A. 2106--B
1 decreased by transfer or suballocation between such appropriated amounts
2 and appropriations of the department of health medicaid audit and fraud
3 prevention program with the approval of the director of the budget.
4 § 54. Moneys appropriated in section 1 of the chapter of the laws of
5 2003 which enacts the education, labor and family assistance budget to
6 the office of temporary and disability assistance under the adminis-
7 tration program from the general fund / state operations, state purposes
8 account - 003 maintenance undistributed:
9 (a) for services and expenses of the office of audit and quality
10 control related to welfare fraud prevention and other audit activities,
11 shall be made available only upon approval of an expenditure plan by the
12 director of the budget;
13 (b) for the non-federal share of agency training contracts, may only
14 be made available upon approval of an expenditure plan by the director
15 of the budget and pursuant to a cost allocation plan submitted to and
16 approved by the director of the budget and pursuant to an approvable
17 cost allocation plan submitted to the department of health and human
18 services or any other applicable federal agency. Funds available under
19 such appropriation may be used only after all available funding from
20 other revenue sources, as determined by the director of the budget and
21 including, but not limited to the special revenue funds - other office
22 of temporary and disability assistance training, management and evalu-
23 ation account and the special revenue - other office of temporary and
24 disability assistance state match account have been fully expended.
25 Notwithstanding section 51 of the state finance law and any other
26 provision of law to the contrary, the director of the budget may upon
27 the advice of the commissioner of the office of temporary and disability
28 assistance and the commissioner of the office of children and family
29 services, transfer or suballocate any of the amounts so appropriated, or
30 made available through interchange to the office of children and family
31 services, for the non-federal share of training contracts; and
32 (c) for the required state match of public assistance training
33 contracts with not-for-profit agencies or other governmental entities,
34 shall not be available for personal services costs of the office of
35 temporary and disability assistance. Funds may only be made available
36 upon approval of an expenditure plan by the director of the budget and
37 pursuant to a cost allocation plan approved by the director of the budg-
38 et and pursuant to an approvable cost allocation plan submitted to the
39 department of health and human services or any other applicable federal
40 agency. Funds available pursuant to such appropriation may be used only
41 after all available funding from other revenue sources, as determined by
42 the director of the budget, and including, but not limited to, the
43 special revenue fund - other office of temporary and disability assist-
44 ance training, management, and evaluation account and the special reven-
45 ue - other office of temporary and disability assistance state match
46 account have been fully expended.
47 Notwithstanding section 51 of the state finance law and any other
48 provision of law to the contrary, the director of the budget may upon
49 the advice of the commissioner of the office of temporary and disability
50 assistance and the commissioner of the office of children and family
51 services, transfer or suballocate any of the amounts so appropriated, or
52 made available through interchange to the office of children and family
53 services, for the required state match of training contracts.
54 § 55. No expenditure of moneys appropriated in section 1 of the chap-
55 ter of the laws of 2003 which enacts the education, labor and family
56 assistance budget to the office of temporary and disability assistance
S. 1406--B 276 A. 2106--B
1 under the administration program from the special revenue funds - other
2 / state operations, miscellaneous special revenue fund - 339, OTDA state
3 match account for services and expenses related to the training and
4 development program, shall be made from such account for personal
5 service costs. No expenditure shall be made from such account until an
6 expenditure plan for this purpose has been approved by the director of
7 the budget.
8 Notwithstanding section 51 of the state finance law and any other
9 provision of law to the contrary, the director of the budget may upon
10 the advice of the commissioner of the office of temporary and disability
11 assistance and the commissioner of the office of children and family
12 services, transfer or suballocate any of the amounts so appropriated, or
13 made available through interchange to the office of children and family
14 services, for the services and expenses of the training and development
15 program.
16 § 56. Expenditures of moneys appropriated in section 1 of the chapter
17 of the laws of 2003 which enacts the education, labor and family assist-
18 ance budget to the office of temporary and disability assistance under
19 the administration program from the special revenue funds - other /
20 state operations, miscellaneous special revenue fund - 339, OTDA train-
21 ing contract account, maintenance undistributed, for services and
22 expenses related to the operation of the training and development
23 program including, but not limited to, personal service, fringe benefits
24 and nonpersonal service, shall be reduced by any federal, state, or
25 local funding available for such purpose in accordance with a cost allo-
26 cation plan submitted to the federal government. No expenditure shall be
27 made from such account until an expenditure plan has been approved by
28 the director of the budget.
29 Notwithstanding section 51 of the state finance law and any other
30 provision of law to the contrary, the director of the budget may upon
31 the advice of the commissioner of the office of temporary and disability
32 assistance and the commissioner of the office of children and family
33 services, transfer or suballocate any of the amounts so appropriated, or
34 made available through interchange to the office of children and family
35 services, for the services and expenses of the training and development
36 program.
37 § 57. No expenditure of moneys appropriated in section 1 of the chap-
38 ter of the laws of 2003 which enacts the education, labor and family
39 assistance budget to the office of temporary and disability assistance
40 under the administration program from the special revenue funds - other
41 / state operations, miscellaneous special revenue fund - 339, OTDA
42 training, management and evaluation account maintenance undistributed
43 for services and expenses related to the training and development
44 program, shall be made from such account for any purpose until an
45 expenditure plan has been approved by the director of the budget.
46 Notwithstanding section 51 of the state finance law and any other
47 provision of law to the contrary, the director of the budget may upon
48 the advice of the commissioner of the office of temporary and disability
49 assistance and the commissioner of the office of children and family
50 services, transfer or suballocate any of the amounts so appropriated, or
51 made available through interchange to the office of children and family
52 services, for the services and expenses of the training and development
53 program.
54 § 58. Moneys reimbursed in section 1 of the chapter of the laws of
55 2003 which enacts the education, labor and family assistance budget to
56 the office of temporary and disability assistance under the departmental
S. 1406--B 277 A. 2106--B
1 administrative reimbursement program into the general fund / state oper-
2 ations, state purposes account - 003, maintenance undistributed for
3 departmental expenditures for administration of federal programs shall
4 be reimbursed from the administrative reimbursement fund, social
5 services income account.
6 § 59. Moneys appropriated in section 1 of the chapter of the laws of
7 2003 which enacts the education, labor and family assistance budget to
8 the office of temporary and disability assistance under the departmental
9 administrative reimbursement program from the special revenue funds -
10 other / state operations, miscellaneous special revenue fund - 339,
11 social services income account, maintenance undistributed for adminis-
12 tration of federal programs shall be appropriated as an offset to the
13 general fund - state purposes account.
14 § 60. Moneys appropriated in section 1 of the chapter of the laws of
15 2003 which enacts the education, labor and family assistance budget to
16 the office of temporary and disability assistance under the division of
17 child support enforcement program from the general fund / aid to locali-
18 ties, local assistance account - 001 for local administrative expenses
19 for child support pursuant to section 153 of the social services law and
20 costs incurred pursuant to chapter 502 of the laws of 1990, as amended
21 by chapter 81 of the laws of 1995, notwithstanding any inconsistent
22 provision of law, in lieu of payments authorized by the social services
23 law, or payments of federal funds otherwise due to the local social
24 services districts for programs provided under the federal social secu-
25 rity act or the federal food stamp act, funds so appropriated, in
26 amounts certified by the state commissioner or the state commissioner of
27 health as due from local social services districts each month as their
28 share of payments made pursuant to section 367-b of the social services
29 law, may be set aside by the state comptroller in an interest-bearing
30 account with such interest accruing to the credit of the locality in
31 order to ensure the orderly and prompt payment of providers under
32 section 367-b of the social services law pursuant to an estimate
33 provided by the commissioner of health of each local social services
34 district's share of payments made pursuant to section 367-b of the
35 social services law.
36 Funds so appropriated shall be available for aid to municipalities,
37 for banking services contractor costs for central collections, consist-
38 ent with approved contracts, where earnings on account deposits are
39 insufficient to cover approved fees and for payments to the federal
40 government for expenditures made pursuant to the social services law and
41 the state plan for individual and family grant program under the disas-
42 ter relief act of 1974;
43 Such funds are to be available for payment of aid heretofore accrued
44 or hereafter to accrue to municipalities. Subject to the approval of the
45 director of the budget, such funds shall be available to the department
46 net of disallowances, refunds, reimbursements, and credits including,
47 but not limited to, additional federal funds resulting from any changes
48 in federal cost allocation methodologies;
49 Notwithstanding any inconsistent provision of law, the money so appro-
50 priated may be increased or decreased by interchange with any other
51 appropriation department of family assistance within the office of
52 temporary and disability assistance and office of children and family
53 services general fund - local assistance account with the approval of
54 the director of the budget, who shall file such approval with the
55 department of audit and control and copies thereof with the chairman of
S. 1406--B 278 A. 2106--B
1 the senate finance committee and the chairman of the assembly ways and
2 means committee;
3 Notwithstanding section 153 of the social services law or any other
4 inconsistent provision of law, and subject to the approval of the direc-
5 tor of the budget, reimbursement otherwise payable to social services
6 districts from such appropriation shall be reduced by the amount of
7 $432,000. Such reduction shall be prorated among social services
8 districts based on the federal temporary assistance to needy families
9 program or its predecessor program - IV-d caseload in each district, or
10 by such alternative allocation procedures deemed appropriate by the
11 commissioner, and shall represent state postage costs incurred on behalf
12 of local districts for income execution notifications and fees paid to
13 credit agencies for obtaining absent parent social security numbers;
14 Costs incurred by the department of family assistance on behalf of
15 districts for operation of a centralized support collection unit,
16 including the cost of an automated voice response system and customer
17 service unit, notwithstanding section 153 of the social services law or
18 any other inconsistent provision of law, shall be reduced by such
19 department for reimbursement otherwise payable to social services
20 districts from such appropriation. Such reduction shall be prorated
21 among districts based on the number of collections and disbursements
22 processed or on an alternative methodology deemed appropriate by the
23 commissioner of the office of temporary and disability assistance;
24 Transfer or suballocation to the department of taxation and finance
25 and the department of motor vehicles for costs associated with efforts
26 to increase child support collections pursuant to chapter 81 of the laws
27 of 1995, notwithstanding any inconsistent provision of law to the
28 contrary, pursuant to memoranda of understanding and subject to the
29 approval of the director of the budget, a portion of the amount appro-
30 priated may be available;
31 Of the amounts so appropriated, up to $2,000,000, in addition to such
32 other funds as may be appropriated for such purpose, may be used, as
33 matched by federal funds, pursuant to a plan approved by the director of
34 the budget, for the planning, development and operation of an automated
35 system designed to meet the requirements of the family support act of
36 1988, the personal responsibility and work opportunity reconciliation
37 act of 1996 and to facilitate and improve local districts operations
38 related to child support enforcement;
39 Notwithstanding section 153 of the social services law, or any other
40 inconsistent provision of law, funds so appropriated, subject to the
41 approval of the director of the budget, as matched by federal funds and
42 without local financial participation may be made available to the
43 office for payments to hospitals and other eligible entities for obtain-
44 ing voluntary paternity acknowledgments as permitted by federal law and
45 regulation. Prior to making any such payments or entering into any
46 agreements to make such payments, the office of temporary and disability
47 assistance shall develop procedures for making such payments, subject to
48 the approval of the director of the budget, including but not limited to
49 verification of such paternity acknowledgments. Such office may, subject
50 to the approval of the director of the budget, enter into an agreement
51 with the department of health to make such payments on behalf of the
52 office, and may suballocate available funding for such payments;
53 Notwithstanding any inconsistent provision of law, funds so appropri-
54 ated, subject to the approval of the director of the budget, may be used
55 without local financial participation, to provide the necessary state
S. 1406--B 279 A. 2106--B
1 share match for federal funding received for approved research and
2 demonstration project for improved custodial cooperation.
3 § 61. Moneys appropriated in section 1 of the chapter of the laws of
4 2003 which enacts the education, labor and family assistance budget to
5 the office of temporary and disability assistance under the division of
6 child support enforcement program from the special revenue funds -
7 federal / state operations, federal health and human services fund -
8 265, child support account for services and expenses related to the
9 collection of child support and combined child support and spousal
10 arrears incurred pursuant to chapter 706 of the laws of 1996, $3,050,000
11 of the amount so appropriated shall be available for transfer or subal-
12 location to the department of taxation and finance in accordance with a
13 memorandum of understanding, approved by the director of the budget,
14 between the office and the department of taxation and finance.
15 § 62. Notwithstanding any other provision of law, moneys appropriated
16 in section 1 of the chapter of the laws of 2003 which enacts the educa-
17 tion, labor and family assistance budget to the office of temporary and
18 disability assistance under the division of child support enforcement
19 program from the special revenue funds - federal / aid to localities,
20 federal health and human services fund - 265, child support account for
21 local administrative expenses for child support and establishment of
22 paternity pursuant to title IV-D of the federal social security act and,
23 pursuant to chapter 502 of the laws of 1990, chapter 81 of the laws of
24 1995, and subject to the approval of the director of the budget, expend-
25 itures for the development and operation of a centralized support
26 collection unit, in lieu of payments authorized by the social services
27 law, or payments of federal funds otherwise due to the local social
28 services districts for programs provided under the federal social secu-
29 rity act or the federal food stamp act, funds so appropriated, in
30 amounts certified by the state commissioner or the state commissioner of
31 health as due from local social services districts each month as their
32 share of payments made pursuant to section 367-b of the social services
33 law, may be set aside by the state comptroller in an interest-bearing
34 account with such interest accruing to the credit of the locality in
35 order to ensure the orderly and prompt payment of providers under
36 section 367-b of the social services law pursuant to an estimate
37 provided by the commissioner of health of each local social services
38 district's share of payments made pursuant to section 367-b of the
39 social services law;
40 Funds so appropriated shall be available for aid to municipalities,
41 for banking services contractor costs for central collections, consist-
42 ent with approved contracts, where earnings on account deposits are
43 insufficient to cover approved fees and for payments to the federal
44 government for expenditures made pursuant to the social services law and
45 the state plan for individual and family grant program under the disas-
46 ter relief act of 1974;
47 Such funds are to be available for payment of aid heretofore accrued
48 or hereafter to accrue to municipalities. Subject to the approval of the
49 director of the budget, such funds shall be available to the department
50 of family assistance net of disallowances, refunds, reimbursements, and
51 credits;
52 The amount so appropriated may be increased or decreased by inter-
53 change with any other appropriation within the department of family
54 assistance office of temporary and disability assistance and office of
55 children and family services federal fund - local assistance account
56 with the approval of the director of the budget, who shall file such
S. 1406--B 280 A. 2106--B
1 approval with the department of audit and control and copies thereof
2 with the chairman of the senate finance committee and the chairman of
3 the assembly ways and means committee;
4 Amounts so appropriated may be used, pursuant to a plan approved by
5 the director of the budget, for the planning, development and operation
6 of an automated system designed to meet the requirements of the family
7 support act of 1988, the personal responsibility and work opportunity
8 reconciliation act of 1996 and to facilitate and improve local districts
9 operations related to child support enforcement;
10 Amounts so appropriated received pursuant to section 391 of the feder-
11 al personal responsibility and work opportunity reconciliation act of
12 1996 may be used without state or local financial participation to
13 provide grants or enter into contracts with courts, local public agen-
14 cies, or nonprofit private entities consistent with federal law and
15 requirements. Such grants and/or contracts shall be made based on the
16 results of a competitive procurement;
17 A portion of the funds so appropriated, subject to the approval of the
18 director of the budget, and without local financial participation, may
19 be used as the federal match for the child support incentive revenue
20 account and child support revenue account for contracts with public or
21 private organizations for additional services designed to strengthen
22 child support enforcement activities including but not necessarily
23 limited to services to non-custodial parents; in-state bank match
24 services; a paternity media campaign; a medical support unit; and reme-
25 diation of hard-to-collect cases;
26 Funds so appropriated received for a federally approved research and
27 demonstration project for improved custodial cooperation may be used by
28 the office of temporary and disability assistance for services and
29 expenses including but not limited to contractual services. These funds
30 shall be available without local financial participation. Up to $94,000
31 of the grant received pursuant to section 391 of the federal personal
32 responsibility and work opportunities reconciliation act of 1996 and 10
33 percent of grants received for a demonstration for improved custodial
34 cooperation as matched by general fund appropriations, may be trans-
35 ferred to the state operations account, subject to the approval of the
36 director of the budget, for costs associated with administering those
37 grants.
38 § 63. Moneys appropriated in section 1 of the chapter of the laws of
39 2003 which enacts the education, labor and family assistance budget to
40 the office of temporary and disability assistance under the division of
41 child support enforcement program from the special revenue funds - other
42 / state operations, miscellaneous special revenue fund - 339, child
43 support incentive revenue account for services and expenses related to
44 the collection of child support and combined child support and spousal
45 arrears incurred pursuant to chapter 706 of the laws of 1996, $770,000
46 of the amount so appropriated shall be available for transfer to the
47 department of taxation and finance in accordance with a memorandum of
48 understanding, approved by the director of the budget, between the
49 office of temporary and disability assistance and the department of
50 taxation and finance.
51 § 64. Moneys appropriated in section 1 of the chapter of the laws of
52 2003 which enacts the education, labor and family assistance budget to
53 the office of temporary and disability assistance under the division of
54 child support enforcement program from the special revenue funds - other
55 / state operations, miscellaneous special revenue fund - 339, child
56 support incentive revenue account, maintenance undistributed for
S. 1406--B 281 A. 2106--B
1 services designed to strengthen child support enforcement activities
2 including but not necessarily limited to instate bank match services; a
3 paternity media campaign; a medical support unit; joint enforcement
4 teams; remediation of hard-to-collect cases; operation of a centralized
5 support collection unit; operation of a hospital-based voluntary
6 acknowledgement of paternity program; a support collections unit feasi-
7 bility study; location services; website services; improved customer
8 services; child support guidelines review; and planning, development,
9 and operation of an automated system designed to meet the requirements
10 of the family support act of 1988 and the personal responsibility and
11 work opportunity reconciliation act of 1996 may be matched with avail-
12 able federal funds and without local financial participation, may be
13 used, subject to the approval of the director of the budget, by the
14 office either directly or through one or more contracts with private or
15 public organizations, in amounts so appropriated. After sufficient
16 funding is reserved for all other items delineated above in such appro-
17 priation, subject to the approval of the director of the budget, the
18 commissioner may provide social services districts with child support
19 incentive revenue, including amounts that may be available from prior
20 years, to partially offset local share costs of the child support
21 enforcement program if and to the extent that such offset is not
22 precluded by federal law or regulations.
23 § 65. Moneys appropriated in section 1 of the chapter of the laws of
24 2003 which enacts the education, labor and family assistance budget to
25 the office of temporary and disability assistance under the division of
26 child support enforcement program from the special revenue funds - other
27 / aid to localities, miscellaneous special revenue fund - 339, child
28 support revenue account, maintenance undistributed for services and
29 expenses, including contracts with public and private entities, related
30 to the administration and operation of child support enforcement
31 programs, including but not limited to, the cost of providing child
32 support services to clients who are not receiving services reimbursed
33 under title IV-D of the social security act may be transferred to the
34 general fund - state purposes account child support enforcement program
35 for services and expenses, including but not limited to the cost of
36 providing child support services to families who are not receiving
37 services reimbursed pursuant to title IV-D of the social security act
38 subject to approval of the director of the budget, in amounts so appro-
39 priated.
40 § 66. Moneys appropriated in section 1 of the chapter of the laws of
41 2003 which enacts the education, labor and family assistance budget to
42 the office of temporary and disability assistance under the employment
43 services administration program from the general fund / aid to locali-
44 ties, local assistance account - 001 for state reimbursement of local
45 administrative expenses for public assistance employment services
46 programs pursuant to section 153 of the social services law for employ-
47 ment related services authorized under title 9-B of article 5 of the
48 social services law, as amended by chapter 436 of the laws of 1997
49 enacting comprehensive federal welfare reform, including but not neces-
50 sarily limited to, job development and job placement services and case
51 management of public assistance recipients assigned to employment
52 services, shall be available for reimbursement of local district claims
53 only to the extent that such claims are submitted within 24 months of
54 the last day of the state fiscal year in which the expenditures were
55 incurred, unless waived for good cause by the commissioner of the office
S. 1406--B 282 A. 2106--B
1 of temporary and disability assistance subject to the approval of the
2 director of the budget.
3 Notwithstanding any inconsistent provision of law, in lieu of payments
4 authorized by the social services law, or payments of federal funds
5 otherwise due to the local social services districts for programs
6 provided under the federal social security act or the federal food stamp
7 act, funds so appropriated, in amounts certified by the state commis-
8 sioner or the state commissioner of health as due from local social
9 services districts each month as their share of payments made pursuant
10 to section 367-b of the social services law may be set aside by the
11 state comptroller in an interest-bearing account with such interest
12 accruing to the credit of the locality in order to ensure the orderly
13 and prompt payment of providers under section 367-b of the social
14 services law pursuant to an estimate provided by the commissioner of
15 health of each local social services district's share of payments made
16 pursuant to section 367-b of the social services law.
17 Funds so appropriated shall be available for aid to municipalities and
18 for payments to the federal government for expenditures made pursuant to
19 the social services law and the state plan for individual and family
20 grant program under the disaster relief act of 1974.
21 Such funds are to be available for payment of aid heretofore accrued
22 or hereafter to accrue to municipalities. Subject to the approval of the
23 director of the budget, such funds shall be available to the department
24 of family assistance, office of temporary and disability assistance net
25 of disallowances, refunds, reimbursements, and credits.
26 Notwithstanding any inconsistent provision of law, the amount so
27 appropriated may be increased or decreased by interchange with any other
28 appropriation within the department of family assistance, office of
29 temporary and disability assistance and office of children and family
30 services general fund - local assistance account with the approval of
31 the director of the budget, who shall file such approval with the
32 department of audit and control and copies thereof with the chairman of
33 the senate finance committee and the chairman of the assembly ways and
34 means committee.
35 Funds so appropriated shall be used pursuant to local plans approved
36 by the department of labor and the director of the budget, to reimburse
37 50 percent of the non-federal share of social services district expendi-
38 tures for employment administration, provided that the amount so appro-
39 priated, as may be adjusted for interchange shall constitute total state
40 reimbursement for all local administration programs in state fiscal year
41 2003-04 and, provided further, that in allocating such total state
42 reimbursement to social services districts, the commissioner of the
43 office of temporary and disability assistance shall reduce the allo-
44 cation for any district subject to a recoupment of reimbursement,
45 including but not limited to audit disallowances, previously provided
46 for employment services administration by the amount of such recoupment.
47 Funds so appropriated, subject to the approval of the director of the
48 budget and in accordance with a memorandum of understanding between the
49 office of temporary and disability assistance and the department of
50 labor consistent with federal law, regulations or waivers, may be subal-
51 located to the department of labor for services and expenses related to
52 employment services for public assistance recipients and for the state
53 share of eligible costs of training services for state and local
54 district staff.
55 Local district claims for state reimbursement for employment services
56 administration which exceed state reimbursement for such expenditures in
S. 1406--B 283 A. 2106--B
1 state fiscal year 2002-03 shall be reimbursed only if the approved
2 claims in state share for food stamp, public assistance, and medical
3 assistance administration for state fiscal year 2003-04 are at least
4 equal to such approved claims for state fiscal year 2002-03 as such
5 approved claims are proportionately adjusted, in accordance with a meth-
6 odology developed by the commissioner of the office of temporary and
7 disability assistance and approved by the director of the budget, for
8 the change in caseload in food stamp, public assistance, and medical
9 assistance administration program from state fiscal year 2002-03 to
10 2003-04; provided, however, that such restrictions on reimbursement may
11 be waived by the commissioner of the office of temporary and disability
12 assistance subject to the approval of the director of budget upon appli-
13 cation by a local district demonstrating that such variance from the
14 requirement set forth above is the result of increased efficiencies in
15 local operations.
16 Funds so appropriated shall not be used to fund the cost of child care
17 provided to children eligible for child care services through the office
18 of children and family services.
19 Funds so appropriated shall not be used to reimburse public organiza-
20 tions or agencies for the cost of direct supervision, including but not
21 limited to all training components provided by personnel or contractors
22 other than the direct worksite supervisor or materials and equipment
23 used to support a workfare placement.
24 Pursuant to a plan approved by the United States department of agri-
25 culture for recipient employment services and training that are feder-
26 ally reimbursable at a rate of less than 100 percent under the federal
27 food and security act of 1985, and notwithstanding section 153 of the
28 social services law or any other inconsistent provision of law, funds so
29 appropriated may be used by the office or the department of labor,
30 subject to the approval of the director of the budget, to reimburse 50
31 percent of approved expenditures made by local social services districts
32 after first deducting any federal funds properly received or to be
33 received on account thereof, for employment and training and training-
34 related services including but not limited to services for safety net
35 recipients, homeless individuals, and other able bodied adults without
36 dependents who are also in receipt of food stamps and participating in a
37 food stamp work program.
38 Of the amounts so appropriated, up to $1,400,000 shall be available
39 for transfer or suballocation to the department of labor to support
40 expenses related to human immunodeficiency virus specific welfare-to-
41 work demonstration programs, including the payment of liabilities
42 incurred prior to April 1, 2003. Components of each such demonstration
43 program shall include but not be limited to on-the-job training and
44 employment. Each such demonstration program shall guarantee that indi-
45 viduals completing the program obtain full-time employment with health
46 insurance coverage. The department of labor in conjunction with the
47 AIDS institute of the department of health shall select the organiza-
48 tions to operate such demonstration programs through a competitive bid
49 process.
50 § 67. Notwithstanding section 51 of the state finance law and any
51 other provision of law to the contrary, moneys appropriated in section 1
52 of the chapter of the laws of 2003 which enacts the education, labor and
53 family assistance budget to the office of temporary and disability
54 assistance under the executive direction program from the general fund /
55 state operations, state purposes account - 003 may be transferred or
56 interchanged by the director of the budget, upon the advice of the
S. 1406--B 284 A. 2106--B
1 commissioner of temporary and disability assistance, with any other
2 state operations - general fund appropriation within the office of
3 temporary and disability assistance except where transfer or interchange
4 of appropriations is prohibited or otherwise restricted by such chapter
5 of the laws of 2003 enacting the education, labor and family assistance
6 budget.
7 § 68. Notwithstanding any provision of law to the contrary, moneys
8 appropriated in section 1 of the chapter of the laws of 2003 which
9 enacts the education, labor and family assistance budget to the office
10 of temporary and disability assistance under the food assistance program
11 from the general fund / aid to localities, local assistance account -
12 001 for payment to the United States department of agriculture (USDA)
13 for the cost of food stamp coupons purchased pursuant to the federal
14 food stamp act of 1977 as amended, shall be used only to fully reimburse
15 the United States department of agriculture for the cost of food stamp
16 coupons, including any administration fee charged by the federal agency,
17 that shall be made available to those identified as victims of domestic
18 violence through the procedures outlined in section 349-a of the social
19 services law or classified as qualified aliens through application of
20 the provisions contained in subsection (c) of 8 USC 1641; or to elderly
21 persons who are no longer eligible to participate in the federal food
22 stamp program solely as a result of section 402 of the personal respon-
23 sibility and work opportunity reconciliation act of 1996 (P.L. 104-193)
24 and meet all other applicable eligibility criteria established pursuant
25 to a section of the New York state welfare reform act of 1997 creating a
26 food assistance program. Notwithstanding any inconsistent provision of
27 law, local social services districts participating in the food assist-
28 ance program shall enter into a written agreement with the office of
29 temporary and disability assistance to operate such program in accord-
30 ance with applicable federal and state statutes, regulations, and poli-
31 cies. The department of family assistance shall adjust reimbursement
32 otherwise payable to participating social services districts through the
33 temporary and disability assistance program local assistance account to
34 ensure that such districts shall financially participate in expenditures
35 made in accordance with this provision to the extent of 50 percent ther-
36 eof.
37 Notwithstanding any inconsistent provision of law, the amount so
38 appropriated may be increased or decreased by interchange with any other
39 appropriation within the department of family assistance office of
40 temporary and disability assistance and office of children and family
41 services general fund - local assistance account with the approval of
42 the director of the budget, who shall file such approval with the
43 department of audit and control and copies thereof with the chairman of
44 the senate finance committee and the chairman of the assembly ways and
45 means committee.
46 § 69. Notwithstanding any provision of law to the contrary, moneys
47 appropriated in section 1 of the chapter of the laws of 2003 which
48 enacts the education, labor and family assistance budget to the office
49 of temporary and disability assistance under the food assistance program
50 from the special revenue fund - other / aid to localities, miscellaneous
51 special revenue fund - 339, food assistance program account for the
52 local share of payments made to the United States department of agricul-
53 ture (USDA) for the cost of food stamp coupons purchased pursuant to the
54 federal food stamp act of 1977 as amended and provisions of the welfare
55 reform act of 1997 establishing subdivision 10 of section 95 of the
56 social services law, shall only be used to reduce the state share of
S. 1406--B 285 A. 2106--B
1 food stamp coupons, including administrative fees, purchased from the
2 United States department of agriculture that are made available to
3 elderly persons.
4 § 70. Notwithstanding any inconsistent provision of law, moneys appro-
5 priated in section 1 of the chapter of the laws of 2003 which enacts the
6 education, labor and family assistance budget to the office of temporary
7 and disability assistance under the food stamp administration program
8 from the general fund / aid to localities, local assistance account -
9 001 for state reimbursement to local social services districts for
10 administrative expenditures associated with the food stamp program, may,
11 in lieu of payments authorized by the social services law, or payments
12 of federal funds otherwise due to the local social services districts
13 for programs provided under the federal social security act or the
14 federal food stamp act, in amounts certified by the state commissioner
15 or the state commissioner of health as due from local social services
16 districts each month as their share of payments made pursuant to section
17 367-b of the social services law, be set aside by the state comptroller
18 in an interest-bearing account with such interest accruing to the credit
19 of the locality in order to ensure the orderly and prompt payment of
20 providers under section 367-b of the social services law pursuant to an
21 estimate provided by the commissioner of health of each local social
22 services district's share of payments made pursuant to section 367-b of
23 the social services law.
24 Funds so appropriated shall be available for aid to municipalities and
25 for payments to the federal government for expenditures made pursuant to
26 the social services law and the state plan for individual and family
27 grant program under the disaster relief act of 1974.
28 Such funds are to be available for payment of aid heretofore accrued
29 or hereafter to accrue to municipalities. Subject to the approval of the
30 director of the budget, such funds shall be available to the department
31 of family assistance, office of temporary and disability assistance net
32 of disallowances, refunds, reimbursements, and credits including, but
33 not limited to, additional federal funds resulting from any changes in
34 federal cost allocation methodologies.
35 Notwithstanding any inconsistent provision of law, the amount so
36 appropriated may be increased or decreased by interchange with any other
37 appropriation within the department of family assistance, office of
38 temporary and disability assistance and office of children and family
39 services general fund - local assistance account with the approval of
40 the director of the budget, who shall file such approval with the
41 department of audit and control and copies thereof with the chairman of
42 the senate finance committee and the chairman of the assembly ways and
43 means committee.
44 Notwithstanding sections 153, 368-a and subdivision 6 of section 95 of
45 the social services law, funds so appropriated may not be used to reim-
46 burse aggregate local administrative costs for the determination of
47 recipient and applicant eligibility and benefit payments for the tempo-
48 rary and disability assistance programs or predecessor programs, medical
49 assistance, and food stamp programs to the extent that such local admin-
50 istrative costs exceed aggregate statewide reimbursement for such
51 purposes in the 2002-03 state fiscal year provided, however, that, after
52 excluding amounts appropriated for medical assistance administration in
53 the department of health, such aggregate reimbursement of local adminis-
54 trative costs shall be further reduced by a factor of 7.5 percent. The
55 amount so appropriated for reimbursement of local administration shall
56 be distributed in a similar fashion to reimbursement for the 2002-03
S. 1406--B 286 A. 2106--B
1 state fiscal year. The reimbursement limitations governing funds so
2 appropriated shall be applied using definitions in the office of tempo-
3 rary and disability assistance approved cost allocation plan in effect
4 in April 1, 2002, notwithstanding any changes that may be approved or
5 implemented in reimbursement definitions or cost allocation procedures
6 for purposes of claiming federal reimbursement for state fiscal year
7 2003-04.
8 Amounts so appropriated may be available for transfer or suballocation
9 to the department of health for medicaid administration provided that
10 such transfer does not support expenditures in excess of limitations set
11 forth herein.
12 The amounts so appropriated are available, subject to approval of the
13 director of the budget, for expenditures associated with the operation
14 of a statewide electronic benefit transfer (EBT) system including the
15 design, development, implementation and operation of a non-cash compo-
16 nent consistent with the safety net provisions of chapter 436 of the
17 laws of 1997 enacting comprehensive welfare reform. Approved costs may
18 include, but not be limited to, personal service, postage, other nonper-
19 sonal service costs, and contractor costs paid directly by the office.
20 Notwithstanding any inconsistent provision of law, reimbursement other-
21 wise payable to social services districts from such appropriation shall
22 be reduced in amounts sufficient to recover a local share for the cost
23 of the electronic benefit issuance and control system (EBICS) and/or for
24 the cost of the electronic benefit issuance (EBT) system or any succes-
25 sor system. Such local share shall be calculated as though such cost
26 were expenditures for administration of programs of public assistance
27 and care.
28 In allocating funds so appropriated to social services districts, the
29 department of family assistance shall reduce such allocations or,
30 subject to the approval of the director of the budget, reduce aid other-
31 wise payable to such districts from such appropriation by the estimated
32 state share of expenditures associated with food stamp and/or public
33 assistance benefit issuance that were formerly paid directly by such
34 districts but are no longer incurred or no longer will be incurred
35 because of state contracts for operation of the electronic benefit
36 transfer process.
37 In allocating funds so appropriated to social services districts, the
38 commissioner of temporary and disability assistance shall calculate such
39 estimated state share of expenditures in accordance with a methodology
40 developed by the office of temporary and disability assistance and
41 approved by the director of the budget.
42 Funds so appropriated may be used without regard to the limitations
43 set forth above pursuant to local plans approved by the office of tempo-
44 rary and disability assistance and the director of the budget, for addi-
45 tional direct costs of revenue maximization which result in state fiscal
46 savings, cost containment activities which result in state fiscal
47 savings, employment and training services, Native American services,
48 activities related to implementing managed care programs, corrective
49 action efforts necessary to reduce public assistance error rates, fraud
50 and abuse detection, the national voter registration act, case manage-
51 ment services provided under title 4-B of article 6 of the social
52 services law, and approved costs associated with section 349-a of the
53 social services law; provided, however, that social services districts
54 are able to demonstrate that such local expenditures relate solely to
55 costs associated with these activities, do not include any retroactive
56 or prospective costs related to benefit issuance and control other than
S. 1406--B 287 A. 2106--B
1 those sub-components of the benefit issuance and control process that
2 may be specifically designated by the commissioner and the director of
3 the budget as necessary for additional state cost containment, and would
4 not otherwise have been incurred by the social services district, and
5 provided further that funds so appropriated shall not be used to reim-
6 burse costs under any part of such local plans which has not been satis-
7 factorily documented by the social services district, as deemed appro-
8 priate by the commissioner of temporary and disability assistance, by
9 the last day of the second state fiscal year after the state fiscal year
10 to which the plan is to apply. Based on eligible expenditures for such
11 activities, the office of temporary and disability assistance shall
12 provide each social services district with waiver advances and settle-
13 ments in state fiscal year 2003-04 from funds so appropriated that are
14 equal to waiver advances and settlements made to the district, excluding
15 litigation settlements, in state fiscal year 2002-03; provided, however,
16 that the state cost of any additional waivers or any litigation settle-
17 ments approved by the commissioner of temporary and disability assist-
18 ance shall continue to be liabilities of the office of temporary and
19 disability assistance payable through appropriations for such purposes
20 that may be made available on or after April 1, 2004.
21 The amount so appropriated, as may be adjusted for interchange shall
22 constitute total state reimbursement for all local administration
23 programs in state fiscal year 2003-04.
24 Amounts so appropriated, subject to the approval of the commissioner
25 of temporary and disability assistance and the director of the budget,
26 shall be available for 50 percent reimbursement, without regard to the
27 cap on administrative expenditures created in a prior portion of such
28 chapter of the laws of 2003 enacting the education, labor and family
29 assistance budget, for additional administrative costs of the food
30 assistance program established pursuant to chapter 436 of the laws of
31 1997 enacting comprehensive welfare reform. Such funds may only be used
32 to reimburse 50 percent of increased administrative costs beyond those
33 incurred if persons receiving benefits through the food assistance
34 program had remained eligible for federal food stamp benefits.
35 Notwithstanding section 153 of the social services law or any incon-
36 sistent provision of law, reimbursement otherwise payable to social
37 services districts from such appropriation shall be reduced in amounts
38 sufficient to fully recover the non-federal share of any costs related
39 to a common benefit identification card system including costs related
40 to an employment related attendance and tracking system (CBICS). Such
41 costs shall be allocated proportionately among social services districts
42 based on the number of cards issued on behalf of each district and use
43 of the attendance tracking system or by such alternative cost allocation
44 procedure deemed appropriate by the commissioner of temporary and disa-
45 bility assistance and approved by the director of the budget. Notwith-
46 standing any inconsistent provision of law, the commissioner of tempo-
47 rary and disability assistance may certify to the state comptroller
48 estimates of the amounts due from each social services district for such
49 local financial participation and may deduct such estimated amounts from
50 reimbursement authorized by section 153 of the social services law.
51 Of the amount so appropriated, up to $1,000,000 may be made available,
52 through transfer or suballocation, to the department of health to
53 support additional expenses related to nutrition outreach programs.
54 Notwithstanding any inconsistent provision of law, in the event the
55 federal government reduces or suspends its financial participation or
56 permits repayment or reinvestment for any period beginning after Septem-
S. 1406--B 288 A. 2106--B
1 ber 30, 1980, for incorrect issuance of food stamps or any other failure
2 to comply with requirements for program operations under the food stamp
3 program state administrative reimbursement otherwise payable to social
4 services districts under such appropriation shall be reduced in an
5 amount equal to 100 percent of such federal reduction unless the commis-
6 sioner, subject to the approval of the director of the budget, deter-
7 mines that such reduction in federal reimbursement is equally attribut-
8 able to actions of the state and of social services districts in which
9 case state reimbursement otherwise payable to social services districts
10 shall be reduced by an amount equal to 50 percent of such federal
11 reduction. Such reduction in reimbursement will be allocated among local
12 districts to the degree possible based on fault. If the commissioner of
13 temporary and disability assistance determines that such allocation
14 based on fault is not possible, the office of temporary and disability
15 assistance will reduce reimbursement otherwise payable to social
16 services districts under such appropriation proportionally among social
17 services districts based on the federal food stamp benefit costs author-
18 ized by each district for the period covered by each reduction in feder-
19 al participation.
20 § 71. Notwithstanding any inconsistent provision of law, moneys appro-
21 priated in section 1 of the chapter of the laws of 2003 which enacts the
22 education, labor and family assistance budget to the office of temporary
23 and disability assistance under the food stamp administration program
24 from the special revenue funds - federal / aid to localities, federal
25 USDA - food and nutrition services fund - 261, federal food and nutri-
26 tion services account for reimbursement to social services districts for
27 administrative expenditures associated with the food stamp program, and
28 for reimbursement to the United States department of agriculture for
29 food stamp recoveries may, in lieu of payments authorized by the social
30 services law, or payments of federal funds otherwise due to the local
31 social services districts for programs provided under the federal social
32 security act or the federal food stamp act, in amounts certified by the
33 state commissioner of temporary and disability assistance or the state
34 commissioner of health as due from local social services districts each
35 month as their share of payments made pursuant to section 367-b of the
36 social services law, be set aside by the state comptroller in an inter-
37 est-bearing account with such interest accruing to the credit of the
38 locality in order to ensure the orderly and prompt payment of providers
39 under section 367-b of the social services law pursuant to an estimate
40 provided by the commissioner of health of each local social services
41 district's share of payments made pursuant to section 367-b of the
42 social services law.
43 Funds so appropriated shall be available for aid to municipalities and
44 for payments to the federal government for expenditures made pursuant to
45 the social services law and the state plan for individual and family
46 grant program under the disaster relief act of 1974.
47 Such funds are to be available for payment of aid heretofore accrued
48 or hereafter to accrue to municipalities. Subject to the approval of the
49 director of the budget, such funds shall be available to the office net
50 of disallowances, refunds, reimbursements, and credits including but not
51 limited to additional federal funds resulting from any changes in feder-
52 al cost allocation methodologies.
53 Notwithstanding any inconsistent provision of law, funds so appropri-
54 ated for reimbursement of food stamp employment and training expendi-
55 tures that are federally reimbursable at a rate of 100 percent under the
56 federal food and security act of 1985 shall be made available to social
S. 1406--B 289 A. 2106--B
1 services districts in accordance with an allocation plan developed by
2 the commissioner of labor and approved by the director of the budget;
3 provided, however, that up to $2,000,000 of such funds may be set aside
4 for state administered programs, including the InVEST program, to allow
5 providers to serve safety net and food stamp recipients in accordance
6 with a plan developed by the commissioner of labor and approved by the
7 director of the budget.
8 Funds so appropriated shall not be used to fund the cost of child care
9 provided to children eligible for child care services through the office
10 of children and family services.
11 Notwithstanding any inconsistent provision of law, the amount so
12 appropriated may be increased or decreased by interchange with any other
13 appropriation within the department of family assistance, office of
14 temporary and disability assistance and office of children and family
15 services federal fund - local assistance account with the approval of
16 the director of the budget, who shall file such approval with the
17 department of audit and control and copies thereof with the chairman of
18 the senate finance committee and the chairman of the assembly ways and
19 means committee.
20 Funds so appropriated subject to the approval of the director of the
21 budget and in accordance with a memorandum of understanding between the
22 office of temporary and disability assistance and the department of
23 labor consistent with federal law, regulations or waivers, may be subal-
24 located to the department of labor for services and expenses related to
25 employment services for eligible public assistance and food stamp recip-
26 ients.
27 Of the amount so appropriated, up to $2,300,000 is available for
28 transfer to the department of health for grants to community based
29 organizations in accordance with chapter 820 of the laws of 1987.
30 § 72. Moneys appropriated in section 1 of the chapter of the laws of
31 2003 which enacts the education, labor and family assistance budget to
32 the office of temporary and disability assistance under the food stamp
33 administration program from the special revenue funds - other / aid to
34 localities, miscellaneous special revenue fund - 339, electronic benefit
35 transfer and common benefit identification card account for services and
36 expenses related to a statewide electronic benefit transfer system
37 and/or production of a common benefit identification card and/or an
38 employment tracking system, including but not limited to postage, other
39 nonpersonal services costs, and contractor costs paid by the office for
40 developing, implementing and operating an electronic benefit transfer
41 system including any costs for a common benefit identification card may,
42 in an amount equal to the additional costs of common benefit identifica-
43 tion cards for such a system, subject to the approval of the director of
44 the budget, be transferred to the general fund - state purposes account
45 in the systems support and information services program.
46 § 73. Moneys appropriated in section 1 of the chapter of the laws of
47 2003 which enacts the education, labor and family assistance budget to
48 the office of temporary and disability assistance under the food stamp
49 administration program from the fiduciary funds / aid to localities,
50 combined expendable trust fund - 020, nutrition outreach donation
51 account for additional services and expenses of nutrition outreach
52 programs, such funds may be used for nutrition outreach programs admin-
53 istered by the office or may be transferred or suballocated, in whole or
54 in part, to the department of health to support nutrition outreach
55 programs administered by the department of health.
S. 1406--B 290 A. 2106--B
1 § 74. Notwithstanding section 51 of the state finance law and any
2 other provision of law to the contrary, moneys appropriated in section 1
3 of the chapter of the laws of 2003 which enacts the education, labor and
4 family assistance budget to the office of temporary and disability
5 assistance under the legal affairs program from the general fund / state
6 operations, state purposes account - 003 for the transfer or interchange
7 by the director of the budget, upon the advice of the commissioner of
8 temporary and disability assistance, with any other state operations -
9 general fund appropriation within the office of temporary and disability
10 assistance except where transfer or interchange of appropriations is
11 prohibited or otherwise restricted by this chapter.
12 § 75. Notwithstanding section 51 of the state finance law or any other
13 provision of law to the contrary, moneys appropriated in section 1 of
14 the chapter of the laws of 2003 which enacts the education, labor and
15 family assistance budget to the office of temporary and disability
16 assistance under the transitional supports and policy program from the
17 general fund / state operations, state purposes account - 003 for the
18 transfer or suballocation by the director of the budget, upon the advice
19 of the commissioner of temporary and disability assistance, the commis-
20 sioner of children and family services, and the commissioner of labor,
21 any of the amounts so appropriated, or made available may be inter-
22 changed with any other state operations - general fund appropriation
23 within the office of temporary and disability assistance, to the office
24 of children and family services for administration of child welfare
25 programs or to the department of labor for development and implementa-
26 tion of an integrated workforce development program to reduce the inci-
27 dence of welfare dependency. The director of the budget may, upon the
28 advice of the commissioner of temporary and disability assistance,
29 authorize the transfer or interchange of moneys so appropriated with any
30 other state operations - general fund appropriation within the office of
31 temporary and disability assistance except where transfer or interchange
32 of appropriations is prohibited or otherwise restricted by this chapter.
33 § 76. Moneys appropriated in section 1 of the chapter of the laws of
34 2003 which enacts the education, labor and family assistance budget to
35 the office of temporary and disability assistance under the transitional
36 supports and policy program from the general fund / aid to localities,
37 local assistance account - 001 for:
38 (a) aid to municipalities and for payments to the federal government
39 for expenditures made pursuant to the social services law and the state
40 plan for individual and family grant program under the disaster relief
41 act of 1974;
42 The amounts so appropriated shall be available for reimbursement of
43 local district claims only to the extent that such claims are submitted
44 within 24 months of the last day of the state fiscal year in which the
45 expenditures were incurred, unless waived for good cause by the commis-
46 sioner subject to the approval of the director of the budget;
47 Notwithstanding any inconsistent provision of law, in lieu of payments
48 authorized by the social services law, or payments of federal funds
49 otherwise due to the local social services districts for programs
50 provided under the federal social security act or the federal food stamp
51 act, funds so appropriated, in amounts certified by the state commis-
52 sioner of temporary and disability assistance or the state commissioner
53 of health as due from local social services districts each month as
54 their share of payments made pursuant to section 367-b of the social
55 services law may be set aside by the state comptroller in an interest-
56 bearing account with such interest accruing to the credit of the locali-
S. 1406--B 291 A. 2106--B
1 ty in order to ensure the orderly and prompt payment of providers under
2 section 367-b of the social services law pursuant to an estimate
3 provided by the commissioner of health of each local social services
4 district's share of payments made pursuant to section 367-b of the
5 social services law;
6 Such funds are to be available for payment of aid heretofore accrued
7 or hereafter to accrue to municipalities. Subject to the approval of the
8 director of the budget, such funds shall be available to the office of
9 the temporary and disability assistance program, net of disallowances,
10 refunds, reimbursements, and credits including, but not limited to,
11 additional federal funds resulting from any changes in federal cost
12 allocation methodologies;
13 Notwithstanding any inconsistent provision of law, the amount so
14 appropriated may be increased or decreased by interchange with any other
15 appropriation within the department of family assistance, office of
16 temporary and disability assistance and office of children and family
17 services general fund - local assistance account with the approval of
18 the director of the budget, who shall file such approval with the
19 department of audit and control and copies thereof with the chairman of
20 the senate finance committee and the chairman of the assembly ways and
21 means committee;
22 Of the amount so appropriated, pursuant to title 2 of article 2-A of
23 the social services law, $12,700,000 shall be made available for 50
24 percent reimbursement of expenditures made by a social services district
25 or a not-for-profit corporation for supportive service subsidies for
26 single room occupancy housing for homeless individuals. Of the
27 $12,700,000, $1,200,000 shall be available for new or expanded support
28 services single room occupancy housing units. Pursuant to section 45-f
29 of the social services law, up to $250,000 of the $12,700,000 may,
30 subject to the approval of the director of the budget, be transferred to
31 the general fund - state purposes account for administration of this
32 program. Subject to a plan approved by the director of the budget, up to
33 $250,000 of the funds appropriated herein, may be used by the office of
34 temporary and disability assistance through contract, for technical
35 assistance to organizations operating or supervising the operation of a
36 single room occupancy program;
37 Of the amount so appropriated, subject to the approval of the director
38 of the budget, up to $5,250,000 shall be used to reimburse 75 percent of
39 the approved costs for homeless intervention program activities pursuant
40 to title 4 of article 2-A of the social services law. Notwithstanding
41 any other inconsistent provision of law, social services districts or
42 contractors, as a condition of receiving such funds herein appropriated,
43 shall provide 25 percent cash or in-kind share. Up to $250,000 of the
44 $5,250,000 may, subject to the approval of the director of the budget,
45 be transferred to the general fund state purposes account to support the
46 administrative costs of the office of shelter and supported housing.
47 Funding provided for therein shall not supplant existing federal, state
48 or local funding;
49 Notwithstanding section 153 of the social services law or any other
50 inconsistent provision of law, funds so appropriated shall be used to
51 reimburse local district adult shelter expenditures such that the total
52 amount reimbursed by the state in 2002-03, as determined or adjusted by
53 the state office of temporary and disability assistance and approved by
54 the director of the budget, does not exceed $82,263,000 for New York
55 city, or the total amount reimbursed for comparable expenditures in the
56 2001-02 state fiscal year, whichever is less. The amount reimbursed for
S. 1406--B 292 A. 2106--B
1 comparable expenditures in 2002-03 also shall not exceed the amount as
2 determined and adjusted by the state office of temporary and disability
3 assistance and approved by the director of the budget for reimbursement
4 for comparable expenditures in 1990-91 or 1991-92 state fiscal year; in
5 determining or adjusting local district adult shelter expenditures for
6 purposes of calculating reimbursement payable under the appropriation,
7 such office shall have the authority to restrict transfer of costs
8 between categories including, but not limited to, maintenance costs and
9 administrative costs. Such office, subject to the approval of the
10 director of the budget, shall reduce the rate of reimbursement for local
11 district adult shelter expenditures as necessary to implement reimburse-
12 ment limitations set forth above and may approve reimbursement in excess
13 of such limitation for costs associated with a court mandated plan to
14 improve shelter conditions for medically frail persons and for addi-
15 tional costs incurred as part of a plan to reduce overcrowding in
16 congregate shelters, provided, however, that the total amount of such
17 additional state reimbursement shall not exceed $10,000,000;
18 Of the amount so appropriated, up to $4,800,000 shall be used for
19 reimbursement of 50 percent of the non-federal share of costs incurred
20 by local social services districts for operation of an existing incen-
21 tive program for landlords to make available additional safe and afford-
22 able housing for homeless families;
23 Of the amount so appropriated, up to $3,000,000 shall be used for
24 reimbursement of 50 percent of the non-federal share of operating costs
25 of assessment and reception centers in New York city to avert unneces-
26 sary placement of homeless families in the tier II shelter system. Such
27 funds shall be used to support homeless family assessment and reception
28 centers and other homeless diversion activities including, but not
29 limited to, New York city income support or job center diversion team
30 staff costs and shall constitute full liquidation of state reimbursement
31 for all such costs;
32 (b) services and expenses of programs to provide assistance to noncit-
33 izens to attain citizenship. No funds shall be expended from the appro-
34 priation until a plan is submitted by the commissioner of temporary and
35 disability assistance and approved by the director of the budget.
36 Such funds are to be available for payment of aid heretofore accrued
37 or hereafter to accrue to municipalities. Subject to the approval of the
38 director of the budget, such funds shall be available to the department
39 of family assistance, office of temporary and disability assistance net
40 of disallowances, refunds, reimbursements, and credits; and
41 (c) services and expenses of a demonstration program to provide
42 enhanced services to refugees, asylees and other immigrant populations
43 eligible for refugee services to assist such individuals and families to
44 attain economic self-sufficiency and reduce or eliminate reliance on
45 public assistance benefits as a primary means of support. Such services
46 shall include, but not be limited to, case management, English-as-a-sec-
47 ond-language, job training and placement assistance, post-employment
48 services necessary to ensure job retention, and services necessary to
49 assist the individual and family members to establish and maintain a
50 permanent residence in New York state. Funds so appropriated shall, at
51 the discretion of the commissioner of the office of temporary and disa-
52 bility assistance, be awarded to voluntary refugee resettlement agencies
53 and/or local representatives of such agencies currently under contract
54 with the office of temporary and disability assistance to provide
55 services to refugee populations and individual awards shall be made
56 proportionately based on the number of refugees each organization reset-
S. 1406--B 293 A. 2106--B
1 tled in the previous five year period based on the most recent five year
2 data published by the federal department of health and human services
3 office of refugee resettlement or its contractor. Of the amounts so
4 appropriated, up to $2,194,000 shall be made available to provide
5 services to refugees settling in New York city and all remaining moneys
6 shall be awarded to organizations providing such services to refugees
7 settling in other geographic locations and up to $97,000 of the amount
8 so appropriated may, subject to the approval of the director of the
9 budget, be transferred to the general fund - state purposes account for
10 administration of such program.
11 § 77. Moneys appropriated in section 1 of the chapter of the laws of
12 2003 which enacts the education, labor and family assistance budget to
13 the office of temporary and disability assistance under the transitional
14 supports and policy program from the special revenue funds - federal /
15 aid to localities, federal health and human services fund - 265 for
16 services and expenses of a demonstration program to provide enhanced
17 services to refugees, asylees and other immigrant populations eligible
18 for refugee services to assist such individuals and families to attain
19 economic self-sufficiency and reduce or eliminate reliance on public
20 assistance benefits as a primary means of support. Such services shall
21 include, but not be limited to, case management, English-as-a-second-
22 language, job training and placement assistance, post-employment
23 services necessary to ensure job retention, and services necessary to
24 assist the individual and family members to establish and maintain a
25 permanent residence in New York state. Services funded through such
26 appropriation shall be made available only to individuals and families
27 eligible for benefits under the state plan for the temporary assistance
28 for needy families block grant whose incomes do not exceed 200 percent
29 of the federal poverty level and, unless such eligible individual or
30 family is also in receipt of family assistance benefits, shall not
31 constitute "assistance" as defined in federal regulations. Funds so
32 appropriated shall, to the extent permitted by federal law and regu-
33 lations, be awarded at the discretion of the commissioner of the office
34 of temporary and disability assistance to voluntary refugee resettlement
35 agencies and/or local representatives of such agencies currently under
36 contract with the office of temporary and disability assistance to
37 provide services to refugee populations and individual awards shall be
38 made proportionately based on the number of refugees each organization
39 resettled in the previous five year period based on the most recent five
40 year data published by the federal department of health and human
41 services office of refugee resettlement or its contractor. Of the
42 amounts so appropriated, up to $1,250,000 shall be made available to
43 organizations providing services to refugees settling in New York city
44 and all remaining moneys shall be awarded to organizations providing
45 such services to refugees settling in other geographic locations.
46 § 78. Moneys appropriated in section 1 of the chapter of the laws of
47 2003 which enacts the education, labor and family assistance budget to
48 the office of temporary and disability assistance under the transitional
49 supports and policy program from the special revenue funds - federal /
50 aid to localities, federal health and human services fund - 265, refugee
51 resettlement account for services and expenses of refugee programs
52 including but not limited to the Cuban-Haitian and refugee resettlement
53 program and the Cuban-Haitian and refugee target assistance program
54 provided pursuant to the federal refugee assistance act of 1980 as
55 amended.
S. 1406--B 294 A. 2106--B
1 Notwithstanding any other provisions of law to the contrary, a portion
2 of the funds so appropriated may, subject to the approval of the direc-
3 tor of the budget, be made available to support the costs of a demon-
4 stration program pursuant to section 358 of the social services law as
5 amended by chapter 436 of the laws of 1997.
6 Notwithstanding any inconsistent provision of law, in lieu of payments
7 authorized by the social services law, or payments of federal funds
8 otherwise due to the local social services districts for programs
9 provided under the federal social security act or the federal food stamp
10 act, funds so appropriated, in amounts certified by the state commis-
11 sioner of temporary and disability assistance or the state commissioner
12 of health as due from local social services districts each month as
13 their share of payments made pursuant to section 367-b of the social
14 services law may be set aside by the state comptroller in an interest-
15 bearing account with such interest accruing to the credit of the locali-
16 ty in order to ensure the orderly and prompt payment of providers under
17 section 367-b of the social services law pursuant to an estimate
18 provided by the commissioner of health of each local social services
19 district's share of payments made pursuant to section 367-b of the
20 social services law.
21 Funds so appropriated shall be available for aid to municipalities and
22 for payments to the federal government for expenditures made pursuant to
23 the social services law and the state plan for individual and family
24 grant program under the disaster relief act of 1974.
25 Such funds are to be available for payment of aid heretofore accrued
26 or hereafter to accrue to municipalities. Subject to the approval of the
27 director of the budget, such funds shall be available to the department
28 net of disallowances, refunds, reimbursements, and credits.
29 Notwithstanding any inconsistent provision of law, of the amount so
30 appropriated, up to $1,532,000 may, subject to available additional
31 federal grant award and a plan approved by the director of the budget,
32 be transferred to the credit of the state operations federal health and
33 human services fund, refugee resettlement account for program services
34 including but not necessarily limited to health screening, language
35 interpretation and information tracking services.
36 Notwithstanding any inconsistent provision of law, funds so appropri-
37 ated, subject to the approval of the director of the budget and in
38 accordance with a memorandum of understanding between the office of
39 temporary and disability assistance and the department of health, may be
40 transferred or suballocated to the department of health for services and
41 expenses related to the refugee health resettlement assessment program.
42 § 79. Moneys appropriated in section 1 of the chapter of the laws of
43 2003 which enacts the education, labor and family assistance budget to
44 the office of temporary and disability assistance under the transitional
45 supports and policy program from the special revenue funds - federal /
46 aid to localities, federal operating grant - 290 for services and
47 expenses related to federal homeless grants. Subject to the approval of
48 the director of the budget, the amount so appropriated may be made
49 available to other state agencies through transfer or suballocation for
50 services and expenses related to federal homeless grants. The director
51 of the budget is hereby authorized to transfer or suballocate appropri-
52 ation authority contained therein to any other fund in which federal
53 homeless grants are actually received.
54 § 80. Moneys appropriated in section 1 of the chapter of the laws of
55 2003 which enacts the education, labor and family assistance budget to
56 the office of temporary and disability assistance under the transitional
S. 1406--B 295 A. 2106--B
1 supports and policy program from the special revenue funds - other / aid
2 to localities, miscellaneous special revenue fund - 339, adult shelter
3 sanction account for payment of adult shelter reimbursement previously
4 withheld by the commissioner of temporary and disability assistance due
5 to violations of office regulations governing operation of emergency
6 shelters. Such payments shall only be made after remediation or
7 correction of such violations in accordance with the terms of an agree-
8 ment including, but not limited to, protocol establishing terms and
9 conditions of such withholdings and payments between the commissioner of
10 temporary and disability assistance, the director of the budget, and
11 appropriate representatives of the affected social services district or
12 local government. No expenditure may be made from such account for any
13 other purpose. No expenditure may be made from such account without
14 approval of the director of the budget.
15 § 81. Notwithstanding section 51 of the state finance law and any
16 other provision to the contrary moneys appropriated in section 1 of the
17 chapter of the laws of 2003 which enacts the education, labor and family
18 assistance budget to the office of temporary and disability assistance
19 under the systems support and information services program from the
20 general fund / state operations, state purposes account - 003 for
21 services and expenses of the systems support program, the director of
22 the budget may authorize, upon the advice of the commissioner of the
23 office of temporary and disability assistance, the transfer or inter-
24 change of moneys so appropriated with any other state operations -
25 general fund appropriation within the office of temporary and disability
26 assistance except where transfer or interchange of appropriations is
27 prohibited or otherwise restricted by law.
28 § 82. Moneys appropriated in section 1 of the chapter of the laws of
29 2003 which enacts the education, labor and family assistance budget to
30 the office of temporary and disability assistance under the systems
31 support and information services program from the general fund/state
32 operations, state purposes account - 003, maintenance undistributed for:
33 (a) services and expenses of operating the welfare management system
34 shall not be expended from such appropriation without approval by the
35 director of the budget of a comprehensive expenditure plan;
36 (b) the non-federal share of the design and implementation of modifi-
37 cations and enhancements to the welfare-to-work case management system,
38 the welfare management system, the child support management system and
39 other related systems operated by the office of temporary and disability
40 assistance, the office of children and family services, the department
41 of labor, or the department of health necessary for the successful
42 implementation of the personal responsibility and work opportunities
43 reconciliation act of 1996 (P.L. 104-193) and the New York state
44 welfare reform act of 1997 (chapter 436 of the laws of 1997) may only be
45 made available pursuant to a cost allocation plan submitted to the
46 department of health and human services, the United States department of
47 agriculture and any other applicable federal agency to the extent that
48 such approvals are required by federal statute or regulations or upon
49 determination by the director of the budget that expenditure of the
50 funds is necessary to meet the purposes defined therein. Such appropri-
51 ation shall only be available upon approval of an expenditure plan by
52 the director of the budget.
53 § 83. Moneys appropriated in section 1 of the chapter of the laws of
54 2003 which enacts the education, labor and family assistance budget to
55 the office of temporary and disability assistance under the systems
56 support and information services program from the special revenues funds
S. 1406--B 296 A. 2106--B
1 - federal / state operations, federal USDA - food and nutrition services
2 fund - 261 for the federal share of the design and implementation of
3 modifications and enhancements to the welfare-to-work case management
4 system, the welfare management system, the child support management
5 system and other related systems operated by the office of temporary and
6 disability assistance, the office of children and family services, the
7 department of labor, or the department of health necessary for the
8 successful implementation of the personal responsibility and work oppor-
9 tunities reconciliation act of 1996 (P.L. 104-193) and the New York
10 state welfare reform act of 1997 (chapter 436 of the laws of 1997), only
11 upon approval of an expenditure plan by the director of the budget may
12 only be made available pursuant to a cost allocation plan submitted to
13 the department of health and human services, the United States depart-
14 ment of agriculture and any other applicable federal agency to the
15 extent that such approvals are required by federal statute or regu-
16 lations. Such appropriation shall only be available upon approval of an
17 expenditure plan by the director of the budget for the purposes defined
18 therein.
19 § 84. Notwithstanding any inconsistent provision of moneys appropri-
20 ated in section 1 of the chapter of the laws of 2003 which enacts the
21 education, labor and family assistance budget to the office of temporary
22 and disability assistance under the system support and information
23 services program from the special revenue funds - federal / state oper-
24 ations, federal health and human services fund - 265 for the federal
25 share of the design and implementation of modifications and enhancements
26 to the welfare-to-work case management system, the welfare management
27 system, the child support management system and other related systems
28 operated by the office of temporary and disability assistance, the
29 office of children and family services, the department of labor, or the
30 department of health necessary for the successful implementation of the
31 personal responsibility and work opportunities reconciliation act of
32 1996 (P.L. 104-193) and the New York state welfare reform act of 1997
33 (chapter 436 of the laws of 1997) shall be available for costs hereto-
34 fore and hereafter to be accrued and to be supported with federal funds
35 including any temporary assistance to needy families block grant award
36 properly received by the state during or for a federal fiscal year in
37 which such costs can be properly submitted for reimbursement to the
38 department of health and human services. Funds may only be made avail-
39 able pursuant to a cost allocation plan submitted to the department of
40 health and human services, the United States department of agriculture
41 and any other applicable federal agency to the extent that such
42 approvals are required by federal statute or regulations. Such appro-
43 priation shall only be available upon approval of an expenditure plan by
44 the director of the budget for the purposes defined therein.
45 § 85. Moneys appropriated in section 1 of the chapter of the laws of
46 2003 which enacts the education, labor and family assistance budget to
47 the office of temporary and disability assistance under the systems
48 support and information services program from the special revenue funds
49 - other / state operations, miscellaneous special revenue fund - 339,
50 multi-agency systems development account for services and expenses to
51 design and implement modifications and enhancements to the welfare-to-
52 work case management system, the welfare management system, the child
53 support management system and other related systems operated by the
54 office of temporary and disability assistance, the office of children
55 and family services, the department of labor, or the department of
56 health necessary for the successful implementation of the personal
S. 1406--B 297 A. 2106--B
1 responsibility and work opportunities reconciliation act of 1996 (P.L.
2 104-193) and the New York state welfare reform act of 1997 (chapter 436
3 of the laws of 1997) shall be available net of disallowances, refunds,
4 reimbursements and credits subject to the approval of the director of
5 the budget.
6 § 86. Notwithstanding any inconsistent provision of law, moneys appro-
7 priated in section 1 of the chapter of the laws of 2003 which enacts the
8 education, labor and family assistance budget to the office of temporary
9 and disability assistance under the temporary disability assistance
10 administration program from the general fund / aid to localities, local
11 assistance account - 001 for state reimbursement of local administrative
12 expenses for temporary and disability assistance programs pursuant to
13 section 153 of the social services law, in lieu of payments authorized
14 by the social services law, or payments of federal funds otherwise due
15 to the local social services districts for programs provided under the
16 federal social security act or the federal food stamp act, funds so
17 appropriated, in amounts certified by the state commissioner or the
18 state commissioner of health as due from local social services districts
19 each month as their share of payments made pursuant to section 367-b of
20 the social services law, may be set aside by the state comptroller in an
21 interest-bearing account with such interest accruing to the credit of
22 the locality in order to ensure the orderly and prompt payment of
23 providers under section 367-b of the social services law pursuant to an
24 estimate provided by the commissioner of health of each local social
25 services district's share of payments made pursuant to section 367-b of
26 the social services law.
27 Funds so appropriated shall be available for aid to municipalities and
28 for payments to the federal government for expenditures made pursuant to
29 social services law and the state plan for individual and family grant
30 program under the disaster relief act of 1974.
31 Such funds are to be available for payment of aid heretofore accrued
32 or hereafter to accrue to municipalities. Subject to the approval of the
33 director of the budget, such funds shall be available to the department
34 of family assistance, office of temporary and disability assistance net
35 of disallowances, refunds, reimbursements, and credits including, but
36 not limited to, additional federal funds resulting from any changes in
37 federal cost allocation methodologies.
38 The amount so appropriated may be increased or decreased by inter-
39 change with any other appropriation within the department of family
40 assistance, office of temporary and disability assistance and office of
41 children and family services, general fund - local assistance account
42 with the approval of the director of the budget, who shall file such
43 approval with the department of audit and control and copies thereof
44 with the chairman of the senate finance committee and the chairman of
45 the assembly ways and means committee.
46 Notwithstanding sections 153, 368-a and subdivision 6 of section 95 of
47 the social services law, funds so appropriated may not be used to reim-
48 burse aggregate local administrative costs for the determination of
49 recipient and applicant eligibility and benefit payments for the tempo-
50 rary and disability assistance or its predecessor programs, medical
51 assistance, and food stamp programs to the extent such local administra-
52 tive costs exceed aggregate statewide reimbursement for such purposes in
53 the 2002-03 state fiscal year provided, however, that, after excluding
54 amounts appropriated for medical assistance administration in the
55 department of health, such aggregate reimbursement of local administra-
56 tive costs shall be further reduced by a factor of 7.5 percent. The
S. 1406--B 298 A. 2106--B
1 amount appropriated for reimbursement of local administration shall be
2 distributed in a similar fashion to reimbursement for the 2002-03 state
3 fiscal year. The reimbursement limitations governing funds so appropri-
4 ated shall be applied using definitions in the office of temporary and
5 disability assistance approved cost allocation plan in effect on April
6 1, 2002, notwithstanding any changes that may be approved or implemented
7 in reimbursement definitions or cost allocation procedures for purposes
8 of claiming federal reimbursement for state fiscal year 2003-04.
9 Amounts so appropriated may be available for transfer or suballocation
10 to the department of health for medicaid administration provided that
11 such transfer does not support expenditures in excess of limitations set
12 forth therein.
13 Funds so appropriated may be used without regard to the limitations
14 set forth above pursuant to local plans approved by the office of tempo-
15 rary and disability assistance and the director of the budget, for addi-
16 tional direct costs of revenue maximization which result in state fiscal
17 savings, cost containment activities which result in state fiscal
18 savings, employment and training services, Native American services,
19 activities related to implementing managed care programs, corrective
20 action efforts necessary to reduce public assistance error rates, fraud
21 and abuse detection, the national voter registration act, case manage-
22 ment services provided under title 4-B of article 6 of the social
23 services law, and approved costs associated with section 349-a of the
24 social services law; provided, however, that social services districts
25 are able to demonstrate that such local expenditures relate solely to
26 costs associated with these activities, do not include any retroactive
27 or prospective costs related to benefit issuance and control other than
28 those sub-components of the benefit issuance and control process that
29 may be specifically designated by the commissioner of the office of
30 temporary disability assistance and the director of the budget as neces-
31 sary for additional state cost containment, and would not otherwise have
32 been incurred by the social services district, and provided further that
33 funds so appropriated shall not be used to reimburse costs under any
34 part of such local plans which has not been satisfactorily documented by
35 the social services district, as deemed appropriate by the commissioner,
36 by the last day of the second state fiscal year after the state fiscal
37 year to which the plan is to apply. Based on eligible expenditures for
38 such activities, such office shall provide each social services district
39 with waiver advances and settlements in state fiscal year 2003-04 from
40 funds so appropriated that are equal to waiver advances and settlements
41 made to the district, excluding litigation settlements, in state fiscal
42 year 2002-03; provided, however, that the state cost of any additional
43 waivers or any litigation settlements approved by such commissioner
44 shall continue to be liabilities of such office payable through appro-
45 priations for such purposes that may be made available on or after April
46 1, 2004.
47 The amounts so appropriated, as may be adjusted for interchange, shall
48 constitute total state reimbursement for all local administration
49 programs in state fiscal year 2003-04.
50 The amounts so appropriated are available, subject to approval of the
51 director of the budget, for expenditures associated with the operation
52 of a statewide electronic benefit transfer (EBT) system including the
53 design, development, implementation and operation of a non-cash compo-
54 nent consistent with the safety net provisions of chapter 436 of the
55 laws of 1997 enacting comprehensive welfare reform. Approved costs may
56 include, but not be limited to, personal service, postage, other nonper-
S. 1406--B 299 A. 2106--B
1 sonal service costs, and contractor costs paid directly by the office.
2 Reimbursement otherwise payable to social services districts from such
3 appropriation shall be reduced in amounts sufficient to recover a local
4 share for the cost of the electronic benefit issuance (EBT) system or
5 any successor system. Such local share shall be calculated as though
6 such cost were expenditures for administration of programs of public
7 assistance and care.
8 In allocating funds appropriated to social services districts, the
9 department of family assistance shall reduce such allocations or,
10 subject to the approval of the director of the budget, reduce aid other-
11 wise payable to such districts from such appropriation by the estimated
12 state share of expenditures associated with food stamp and/or public
13 assistance benefit issuance that were formerly paid directly by such
14 districts but are no longer incurred or no longer will be incurred
15 because of state contracts for operation of the electronic benefit
16 transfer process.
17 In allocating funds appropriated to social services districts, such
18 commissioner shall calculate such estimated state share of expenditures
19 in accordance with a methodology developed by such office and approved
20 by the director of the budget.
21 Up to $1,000,000 of the amounts appropriated may, subject to the
22 approval of the director of the budget, be available for contractor
23 costs related to providing training and other services to the department
24 and social services districts necessary for the implementation of an
25 electronic benefit transfer system.
26 Up to $1,000,000, or so much thereof as may be necessary, may be
27 transferred to the general fund - state purposes account of the office
28 of temporary and disability assistance for costs of implementing an
29 electronic benefit transfer system, including, but not limited to, an
30 EBT misdispense claims unit. Such funds shall be made available upon
31 approval of an expenditure plan by the director of the budget.
32 Notwithstanding section 153 of the social services law, and subject to
33 the approval of the director of the budget, funds so appropriated and
34 otherwise payable to New York city for administration of public assist-
35 ance programs shall be reduced by $3,000,000 to reflect savings antic-
36 ipated from reception and assessment centers and income support center
37 homeless diversion teams.
38 Notwithstanding section 153, 368-a, or subdivision 6 of section 95 of
39 the social services law, to establish local cost sharing in the fair
40 hearing process, reimbursement otherwise payable to social services
41 districts from this appropriation shall be reduced for the period
42 commencing April 1, 2003 and ending March 31, 2004 by $4,297,000. Such
43 reduction shall be prorated among social services districts based on the
44 number of fair hearings related to temporary and disability assistance
45 programs or its predecessor programs, and medical assistance held in
46 each district during state fiscal year 2002-03 as a proportion of the
47 New York state fair hearing caseload related to such programs. Of the
48 $4,297,000, up to $1,000,000 may be transferred to the legal affairs
49 program general fund - state purposes account for fair hearings costs.
50 Up to $100,000 of the amounts appropriated may be available for
51 payment by the office for fees ordered by a court resulting from
52 proceedings brought against the office in accordance with article 86 of
53 the civil practice law and rules.
54 Up to $500,000 of the amount so appropriated and subject to the
55 approval of the director of the budget, may be used by such office for
56 outside legal assistance in issues involving the federal government.
S. 1406--B 300 A. 2106--B
1 Up to $1,991,000 of the amount so appropriated and subject to the
2 approval of the director of the budget, as matched by federal funds
3 appropriated in the federal health and human services fund - 265 and the
4 federal food and nutrition services fund - 261 federal food and nutri-
5 tion services account, may be made available to such office for staff
6 and related nonpersonal service and contract costs for application
7 programming and management and operation of the welfare management
8 system computer facility in New York city (WMS/NYC); provided that any
9 amount in excess of $1,991,000, but not to exceed $2,500,000, shall only
10 be made available in accordance with a plan submitted by the city of New
11 York and approved by such commissioner and the director of the budget.
12 Such excess funds shall only be made available to the extent any addi-
13 tional state costs, less reimbursements properly received from the
14 federal government are fully reimbursed by the city of New York. Howev-
15 er, an amount in excess of $2,500,000 may be made available to such
16 office if such additional funds are necessary to match federal funds
17 properly received or to be received in support of maximum gross expendi-
18 tures of $4,000,000. Of the $4,000,000, $1,523,000 shall be made avail-
19 able in such office's state operations budget for use in WMS/NYC systems
20 programming. Of the $1,523,000, $761,500 shall be transferred to the
21 systems support and information services program general fund - state
22 purposes account and $761,500 is made available in the departmental
23 administrative reimbursement program, social services income account
24 reflecting federal reimbursement of such costs.
25 Notwithstanding the provisions of section 153 of the social services
26 law, and subject to the approval of the director of the budget,
27 reimbursement otherwise available to the city of New York from such
28 appropriation for administration of public assistance programs for the
29 period commencing April 1, 2003, and ending March 31, 2004, shall be
30 reduced by up to $2,500,000. Of this amount, $1,969,000 in costs related
31 to the operation of the welfare management system - New York city,
32 including staff costs associated with the operational management and
33 oversight of the New York city welfare management system, and staff and
34 contract costs necessary for the management and operation of the New
35 York city computer center shall be transferred to the credit of the
36 general fund - state purposes account for the systems support and infor-
37 mation services program.
38 The office of temporary and disability assistance is authorized to
39 expend a portion of the funds so appropriated, subject to the approval
40 of the director of the budget, to enter into one or more contracts with
41 private or public organizations for services designed to increase
42 savings from the maximization of federal financial participation through
43 temporary assistance to needy families, supplemental security income,
44 medicaid, or other programs, or for other cost saving activities
45 approved by the director of the budget. Based on the availability of
46 state funds for such purpose, such funds shall be available without
47 local financial participation unless otherwise determined by such
48 commissioner and approved by the director of the budget. Any local cost
49 sharing that may be required shall be equal to up to one-half of the
50 amount expended for such contracts, net of any federal reimbursement
51 properly received or to be received on account thereof, shall be allo-
52 cated to social services districts in relation to the savings generated
53 for each district and shall be deducted from reimbursements otherwise
54 payable to social services districts.
55 Such office is authorized to reduce reimbursement otherwise payable to
56 social services districts in amounts sufficient to support 50 percent of
S. 1406--B 301 A. 2106--B
1 the nonfederal share of the cost of office staff efforts to reduce state
2 and local expenditures by increasing federal financial participation in
3 claims made by a district for reimbursement. Provided, however, that
4 the total amounts of such reductions shall not exceed $2,000,000 and
5 provided further that such amount may be transferred to the credit of
6 the general fund - state purposes account in the administration program.
7 Pursuant to section 131-z and subdivision 17 of section 153 of the
8 social services law, of the amount so appropriated, up to $700,000 or so
9 much thereof as may be necessary, may be made available to such office,
10 subject to the approval of the director of the budget, for additional
11 expenditures related to the child assistance program and provided that,
12 subject to the approval of the director of the budget, up to $100,000
13 may be transferred to the general fund - state purposes account tempo-
14 rary and disability assistance program for nonpersonal service necessary
15 for social service district operation of the child assistance program.
16 Up to $6,500,000 of the amounts so appropriated, subject to the
17 approval of the director of the budget, shall be used to continue and
18 expand operation of fraud detection systems including purposes author-
19 ized by chapter 83 of the laws of 1995 or chapter 436 of the laws of
20 1997 enacting comprehensive welfare reform; provided, however, that
21 reimbursement otherwise payable to social services districts shall be
22 adjusted such that local financial participation in any such costs shall
23 be in accordance with paragraph e of subdivision 1 of section 153 of the
24 social services law.
25 Notwithstanding sections 21 and 153 of the social services law,
26 reimbursement otherwise available to any social services district from
27 such appropriation for the administration of public assistance programs
28 shall be reduced by the net amount of the state funds the department of
29 family assistance has been or will be required to pay to replace all
30 computer equipment purchased on behalf of social services districts by
31 the department of family assistance which was lost, stolen, damaged or
32 otherwise rendered inoperable as a result of district negligence, as
33 determined by such commissioner.
34 Up to $200,000 of the amount so appropriated, may be transferred to
35 the general fund - state purposes account for the systems support and
36 information services program to support the cost of replacing such
37 equipment.
38 Up to $12,500,000 of the amounts so appropriated, may be used for
39 additional fair hearings costs. Such office shall adjust reimbursement
40 otherwise payable to social services districts to ensure that social
41 services districts shall financially participate in expenditures made
42 pursuant to this provision in accordance with paragraph e of subdivision
43 1 of section 153 of the social services law. Total expenditures under
44 this provision may include up to $12,500,000 which may be transferred to
45 the credit of the general fund - state purposes account for the legal
46 affairs program. Such commissioner shall certify to the state comp-
47 troller estimates of the amounts due from each social services district
48 for such local financial participation and may deduct such estimated
49 amounts from reimbursement authorized by section 153 of the social
50 services law.
51 Subject to the approval of the director of the budget, such commis-
52 sioner may use a portion of the funds so appropriated to reimburse 50
53 percent of the non-federal share of additional costs of drug screening,
54 assessment, referral, and optional testing programs required by chapter
55 436 of the laws of 1997 enacting comprehensive welfare reform as costs
56 of administering public assistance programs without regard to limita-
S. 1406--B 302 A. 2106--B
1 tions on the total amount of state reimbursement for such adminis-
2 tration.
3 Up to $5,740,000 of the amounts so appropriated, shall be available
4 for services and expenses of a program, pursuant to section 35 of the
5 social services law, providing legal representation of individuals whose
6 federal disability benefits have been denied or may be discontinued.
7 Notwithstanding any inconsistent provision of section 35 of the social
8 services law, of the amount, the department of family assistance shall
9 award grants of $1,000,000 for projects to establish or maintain eligi-
10 bility for federal disability benefits for additional public assistance
11 recipients. Such commissioner shall reduce reimbursement otherwise paya-
12 ble to social services districts by $2,870,000. Such reduction in local
13 reimbursement shall be allocated among districts by such commissioner
14 based on the cost of, and number of district residents served by, each
15 legal assistance program, or by such alternative cost allocation proce-
16 dure deemed appropriate by such commissioner after consultation with
17 social services officials. Such commissioner may certify to the state
18 comptroller estimates of the amounts due from each social services
19 district for such local financial participation and may deduct such
20 estimated amounts from reimbursement authorized by section 153 of the
21 social services law.
22 § 87. Notwithstanding any inconsistent provision of law, moneys appro-
23 priated in section 1 of the chapter of the laws of 2003 which enacts the
24 education, labor and family assistance budget to the office of temporary
25 and disability assistance under the temporary and disability assistance
26 program from the general fund / state operations, state purposes account
27 - 003 may be increased or decreased by interchange with any other appro-
28 priation within the department of family assistance office of temporary
29 and disability assistance and office of children and family services,
30 general fund - local assistance account with the approval of the direc-
31 tor of the budget, who shall file such approval with the department of
32 audit and control and copies thereof with the chairman of the senate
33 finance committee and the chairman of the assembly ways and means
34 committee.
35 § 88. Notwithstanding any inconsistent provision of law, moneys appro-
36 priated in section 1 of the chapter of the laws of 2003 which enacts the
37 education, labor and family assistance budget to the office of temporary
38 and disability assistance under the temporary and disability assistance
39 program from the general fund / aid to localities, local assistance
40 account - 001 for:
41 (a) state reimbursement of social services district expenditures for
42 temporary assistance programs, including but not limited to the family
43 assistance, safety net and disability assistance programs established
44 pursuant to chapter 436 of the laws of 1997 enacting comprehensive
45 welfare reform and of its predecessor programs and for related expendi-
46 tures authorized by social services law including but not necessarily
47 limited to those for emergency assistance for families and for state
48 reimbursement of expenditures of predecessor programs and for expendi-
49 tures made pursuant to title 8 of article 5 of the social services law
50 and for expenditures for additional state payments for eligible aged,
51 blind, and disabled persons related to supplemental security income.
52 Notwithstanding any inconsistent provision of law, such payments shall
53 be used to support benefit payments in amounts authorized by sections
54 131-o, 209, and 210 of the social services law. Of the amount so appro-
55 priated, up to $500,000 may be transferred to the general fund - state
56 purposes account of the office of temporary and disability assistance
S. 1406--B 303 A. 2106--B
1 for costs associated with the state administration of the existing
2 personal needs allowance for supplemental security income recipients in
3 medicaid certified facilities. The amounts so appropriated shall be
4 available for reimbursement of local district claims only to the extent
5 that such claims are submitted within 24 months of the last day of the
6 state fiscal year in which the expenditures were incurred, unless waived
7 for good cause by the commissioner of temporary and disability assist-
8 ance subject to the approval of the director of the budget and, unless
9 waived by such commissioner and the director of the budget, with regard
10 to additional reimbursement of maintenance and assistance costs for
11 emergency assistance to families provided to or on behalf of family
12 shelter residents during periods prior to February 1, 2003 while the
13 family assistance eligibility of such cases was being determined, shall
14 not be available to reimburse gross costs in excess of $16,000,000.
15 Subject to the approval of the director of the budget, up to $500,000 of
16 the funds so appropriated without local financial participation may be
17 used for payments to court appointed receivers in adult facilities and,
18 subject to availability of federal funds therefor, for assistance to
19 United States citizens repatriated from abroad pursuant to section 1013.
20 Subject to the approval of the director of the budget, a portion of
21 the funds so appropriated may be used to enter into a contract with a
22 public or private organization to study funding and reimbursement issues
23 presented by federal welfare reform including but not necessarily limit-
24 ed to those related to maintenance of effort, foster care and other
25 child welfare services, child care, emergency assistance, definition of
26 assistance, 15 percent limit on administration, time limits, work
27 participation rate requirements, and opportunities for separate state
28 programs. Such study shall develop options for state action in these
29 areas including developing strategies to achieve state-local savings and
30 expand program coverage within available resources, and shall be
31 conducted in consultation with the department of labor, the office of
32 children and family services, and other involved state agencies.
33 Funds so appropriated shall be available for aid to municipalities and
34 for payments to the federal government for expenditures made pursuant to
35 the social services law and the state plan for individual and family
36 grant program under the disaster relief act of 1974.
37 Notwithstanding any inconsistent provision of law, in lieu of payments
38 authorized by the social services law, or payments of federal funds
39 otherwise due to the local social services districts for programs
40 provided under the federal social security act or the federal food stamp
41 act, funds so appropriated, in amounts certified by the state commis-
42 sioner of temporary and disability assistance or the state commissioner
43 of health as due from local social services districts each month as
44 their share of payments made pursuant to section 367-b of the social
45 services law may be set aside by the state comptroller in an interest-
46 bearing account with such interest accruing to the credit of the locali-
47 ty in order to ensure the orderly and prompt payment of providers under
48 section 367-b of the social services law pursuant to an estimate
49 provided by the commissioner of health of each local social services
50 district's share of payments made pursuant to section 367-b of the
51 social services law.
52 Such funds are to be available for payment of aid heretofore accrued
53 or hereafter to accrue to municipalities. Subject to the approval of the
54 director of the budget, such funds shall be available to the office of
55 temporary and disability assistance, net of disallowances, refunds,
56 reimbursements, and credits including, subject to the approval of the
S. 1406--B 304 A. 2106--B
1 director of the budget, disallowances, refunds, reimbursements, and
2 credits related to title IV-E of the social security act and including,
3 but not limited to, additional federal funds resulting from any changes
4 in federal cost allocation methodologies. Notwithstanding any incon-
5 sistent provision of law, the amount so appropriated may be increased or
6 decreased by interchange with any other appropriation within the depart-
7 ment of family assistance office of temporary and disability assistance
8 and office of children and family services general fund - local assist-
9 ance account with the approval of the director of the budget, who shall
10 file such approval with the department of audit and control and copies
11 thereof with the chairman of the senate finance committee and the chair-
12 man of the assembly ways and means committee.
13 Subject to the approval of the director of the budget, through and
14 based on the availability of funding so appropriated, the commissioner
15 of temporary and disability assistance may provide each district with
16 administrative reimbursement, in addition to that available under the
17 temporary and disability assistance administration program, for eligible
18 district administrative activities on behalf of public assistance house-
19 holds that have reached their five year limit on receipt of family
20 assistance and, consequently, are receiving assistance through the safe-
21 ty net program. Such additional reimbursement, if authorized by such
22 commissioner, commencing December 1, 2001, shall be in an amount equal
23 to the lesser of 25 percent of gross district administrative costs for
24 such cases based on approved cost allocation procedures, or 25 percent
25 of the amount by which the district exceeds its cap governing state
26 reimbursement of temporary and disability assistance administration.
27 Notwithstanding any inconsistent provision of law, except through
28 interchange, funds so appropriated shall not be available to meet the
29 state share of the costs of any program other than those of the office
30 of temporary and disability assistance and, except as may be specif-
31 ically provided in this section, shall not be available for state
32 reimbursement of local administrative expenses for temporary and disa-
33 bility assistance or food stamps, or for programmatic or administrative
34 expenses for employment services. Such other programs shall include but
35 not necessarily be limited to foster care services including expendi-
36 tures for care, maintenance, supervision, tuition and independent living
37 services; supervision of foster children placed in federally funded job
38 corps programs; care, maintenance, supervision, tuition and independent
39 living services for adjudicated juvenile delinquents and persons in need
40 of supervision; child protective services; adult protective services;
41 child care; and preventive services which may be eligible for federal
42 reimbursement under emergency assistance for families or the temporary
43 assistance for needy families block grant program. The state share of
44 such costs unless otherwise determined by the director of the budget to
45 be in the best fiscal interests of the state without diminishing gross
46 expenditure for such purposes, shall be paid out of the general fund
47 appropriation for each specific service in the appropriate agency where
48 such state reimbursement is appropriated and shall be subject to the
49 limitations set forth for such services in such appropriations.
50 Of the amount so appropriated, up to $1,000,000 may, subject to the
51 approval of the director of the budget, be used for payments to tier II
52 homeless family shelters operated pursuant to part 900 of title 18 of
53 the codes, rules and regulations of the state to support emergency or
54 unforeseen expenditures for major capital items. Provided, however, that
55 such shelters shall immediately act to secure loans or other revenue
56 necessary to refund such payments to the state.
S. 1406--B 305 A. 2106--B
1 Notwithstanding any inconsistent provisions of law, funds so appropri-
2 ated shall be used by the office of temporary and disability assistance
3 to reimburse 50 percent of the non-federal share of approved expendi-
4 tures made by social services districts on or after April 1, 1996, after
5 first deducting therefrom any federal funds received or to be received
6 on account thereof, for emergency shelter, transportation, or nutrition
7 payments which the district determines are necessary to establish or
8 maintain independent living arrangements among persons who have been
9 medically diagnosed as having acquired immunodeficiency syndrome (AIDS)
10 or HIV-related illness and who are homeless or are faced with homeless-
11 ness and for whom no viable and less costly alternative housing is
12 available; provided, however, that funds so appropriated may only be
13 used for such purposes if the cost of such allowances are not eligible
14 for reimbursement under medical assistance or other programs.
15 Of the amounts so appropriated, subject to the approval of the direc-
16 tor of the budget, up to $1,000,000 may be transferred to the general
17 fund state operations state purposes account of the temporary and disa-
18 bility assistance program and/or to the department of labor to support
19 the cost of public assistance and food stamp case notifications and case
20 record imaging.
21 Subject to the approval of the director of the budget, a portion of
22 the funds so appropriated, as may be matched by available federal funds,
23 may be used by the commissioner of temporary and disability assistance
24 to support the cost of translating, modifying, printing and distributing
25 forms, notices, and other materials as required to address complaints
26 filed with federal agencies, litigation or an order of a court of compe-
27 tent jurisdiction pending final adjudication of litigation.
28 The office of temporary and disability assistance is authorized to
29 expend a portion of the funds so appropriated to reimburse social
30 services districts for 50 percent of the non-federal cost of residential
31 shelters for victims of domestic violence in accordance with section
32 131-u of the social services law.
33 Notwithstanding any inconsistent provision of law to the contrary, to
34 the extent that payments for residential services for victims of domes-
35 tic violence are made from such appropriation, such payment shall only
36 be made in accordance with standards of payment established by the
37 office of children and family services or its predecessor under
38 provisions of chapter 838 of the laws of 1987 and approved by the direc-
39 tor of the budget for victims of domestic violence where such services
40 are provided by residential programs for victims of domestic violence
41 operated by not-for-profit corporations or the city of New York.
42 Notwithstanding section 153-f of the social services law, or any other
43 inconsistent provision of law, after deducting the amount of federal
44 funds properly received or to be received by each social services
45 district on account of expenditures made by such district pursuant to
46 subdivision 3-c of section 131-a of the social services law, funds so
47 appropriated may be used by the office of temporary and disability
48 assistance to reimburse 50 percent of any such local expenditures not
49 fully reimbursed under section 153-f of the social services law prior to
50 April 1, 1992.
51 Notwithstanding any inconsistent provision of law, except as provided
52 for in chapter 81 of the laws of 1995, funds so appropriated may not be
53 used to reimburse social services districts for more than 50 percent of
54 the non-federal share of expenditures related to state charges. This
55 prohibition shall apply to all such reimbursement without regard to the
56 date on which expenditures were made or services provided.
S. 1406--B 306 A. 2106--B
1 The goal for collection of child support payments pursuant to part d
2 of title IV of the federal social security act as required to be speci-
3 fied by subdivision 5 of section 111-b of the social services law shall
4 be $136,400,000 for the year beginning April 1, 2003.
5 Notwithstanding any inconsistent provision of law, in the event the
6 federal government reduces or suspends its financial participation or
7 requires repayment or permits reinvestment for any period beginning
8 after September 30, 1989 for incorrect issuance of benefits provided
9 under the former AFDC program, state reimbursement otherwise payable to
10 social services districts under such appropriation shall be reduced in
11 an amount equal to 100 percent of such federal reduction unless the
12 commissioner, subject to the approval of the director of the budget,
13 determines that such reduction in federal reimbursement is equally
14 attributable to actions of the state and of social services districts in
15 which case state reimbursement otherwise payable to social services
16 districts shall be reduced by an amount equal to 50 percent of such
17 federal reduction. Such reduction in reimbursement will be allocated
18 among local districts to the degree possible based on fault. If the
19 commissioner of temporary and disability assistance determines that such
20 allocation based on fault is not possible, the office of temporary and
21 disability assistance will reduce reimbursement otherwise payable to
22 social services districts under this appropriation proportionately based
23 on the AFDC costs authorized by each district for the period covered by
24 each reduction in federal participation.
25 Subject to the approval of the director of the budget and subject to
26 availability of federal funds for such purpose, funds so appropriated
27 may be used to provide the state match for a federally approved state-
28 initiated evaluation of welfare reform pursuant to section 413 of the
29 social security act as added by the personal responsibility and work
30 opportunity reconciliation act of 1996.
31 In addition, subject to the approval of an expenditure plan by the
32 director of the budget, up to $165,000 of the amounts so appropriated
33 may be used by the office of temporary and disability assistance for
34 non-federally reimbursable expenses related to an evaluation of the
35 implementation of the welfare reform act of 1997.
36 Notwithstanding any inconsistent provision of law, all allowances
37 shall be adequate to enable the father, mother or other relative to
38 bring up the child properly and in the home, having regard for the phys-
39 ical, mental and moral well-being of such child pursuant to section 350
40 of the social services law and consistent with the decision in Jiggets
41 v. Grinker, 75 NY2d 411 (1990).
42 Funds so appropriated shall be used to reimburse one-half of the non-
43 federal share of the cost of rent supplements that shall be made to
44 cases that include a child in receipt of safety net assistance when such
45 supplements are necessary to prevent eviction and (i) when such cases
46 were in receipt of such supplement as family assistance recipients
47 pursuant to a decision of the commissioner of temporary and disability
48 assistance as he or she determines necessary to address litigation or
49 pursuant to an order of a court of competent jurisdiction pending final
50 adjudication of litigation and transferred to safety net assistance or
51 (ii) when such case would have met the eligibility criteria for such
52 supplement except for family assistance ineligibility; provided, howev-
53 er, that such supplements for cases receiving safety net assistance
54 shall be available only if the state and local costs of such supplements
55 can be reported as qualified state expenditures pursuant to paragraph 7
56 of subdivision (a) of section 408 of the federal social security act,
S. 1406--B 307 A. 2106--B
1 and provided further that payment of such rent supplements shall be made
2 in accordance with procedures and conditions that the commissioner of
3 temporary and disability assistance may establish, subject to the
4 approval of the director of the budget, to limit fraud and foster client
5 self-sufficiency.
6 Notwithstanding section 153 of the social services law, or any other
7 inconsistent provision of law, state reimbursement to each social
8 services district provided through funds so appropriated may be reduced
9 by an amount equal to that portion of the non-federal share of eligible
10 expenditures for the welfare-to-work program authorized by title V of
11 the federal balanced budget act of 1997 made by the district or the
12 local workforce investment board or boards located in the district that
13 exceeds not less than 25 percent of the approved maximum federal program
14 allocation for such district or local workforce investment board or
15 boards. The reduction in state reimbursement to social services
16 districts shall be based upon local welfare-to-work program plans, which
17 include local budget estimates, approved by the department of labor. In
18 the event that a local workforce investment area encompasses two or more
19 social services districts, such reduction in reimbursement shall be
20 assigned proportionately to each district based on an allocation plan
21 developed by the local workforce investment boards in such districts, or
22 by such social services districts if an approved waiver has been imple-
23 mented relating to the use of an alternate administering agency under
24 title V of the federal balanced budget act of 1997, and approved by the
25 office of temporary and disability assistance and the commissioner of
26 labor. State funds so appropriated shall be suballocated to the depart-
27 ment of labor in an amount equal to the actual or, subject to reconcil-
28 iation, estimated reductions in reimbursement required by such appropri-
29 ation related to the welfare-to-work program, in accordance with a
30 district specific schedule developed by the department of labor and
31 approved by the director of the budget, and such state funds shall be
32 used by the department of labor, in combination with other state and
33 federal funds appropriated therefor, to provide funding to local work-
34 force investment boards or their subcontractors, or to social services
35 districts, for eligible expenditures under such welfare-to-work program;
36 and
37 (b) services and expenses related to innovative programs for public
38 assistance recipients who are not eligible for funding under the tempo-
39 rary assistance for needy families block grant and who are unable to
40 obtain or retain employment due to mental or physical disability.
41 Notwithstanding any inconsistent provision of law, subject to the
42 approval of the director of the budget, funds so appropriated shall be
43 available for the extension of programs awarded in state fiscal year
44 2000-01 to social services districts with a population less than two
45 million for additional costs associated with providing innovative
46 services to such public assistance recipients including, but not limited
47 to case management and transportation.
48 § 89. Moneys appropriated in section 1 of the chapter of the laws of
49 2003 which enacts the education, labor and family assistance budget to
50 the office of temporary and disability assistance under the temporary
51 and disability assistance program from the special revenue funds -
52 federal / state operations, federal USDA - food and nutrition services
53 fund - 261, federal food and nutrition services account for services and
54 expenses related to the food stamp employment and training program
55 including up to $150,000 for food stamp outreach may be suballocated to
56 the department of labor for services and expenses related to employment
S. 1406--B 308 A. 2106--B
1 services for eligible public assistance recipients, subject to the
2 approval of the director of the budget and in accordance with a memoran-
3 dum of understanding between the office of temporary and disability
4 assistance and the department of labor consistent with federal law,
5 regulations or waivers.
6 § 90. Moneys appropriated in section 1 of the chapter of the laws of
7 2003 which enacts the education, labor and family assistance budget to
8 the office of temporary and disability assistance under the temporary
9 and disability assistance program from the special revenue funds -
10 federal / aid to localities, federal health and human services fund -
11 265 for services and expenses under the temporary assistance for needy
12 families block grant, including but not limited to the family assistance
13 program, emergency assistance to families program, safety net program
14 and their predecessors, and other eligible temporary and disability
15 assistance expenses, including state and local administrative expenses
16 pursuant to the federal social security act and federal personal respon-
17 sibility and work opportunity reconciliation act of 1996, and chapter
18 436 of the laws of 1997 enacting comprehensive welfare reform shall be
19 used only for services and expenses eligible for state financial partic-
20 ipation through the office of temporary and disability assistance under
21 provisions of the social services law and appropriations to the office
22 of temporary and disability assistance; provided that the director of
23 the budget does not determine that such use of funds can be expected to
24 have the effect of increasing qualified state expenditures under para-
25 graph 7 of subdivision (a) of section 409 of the federal social security
26 act above the minimum applicable federal maintenance of effort require-
27 ment, for services and expenses authorized by the provisions of such
28 appropriation to be provided without state or local financial partic-
29 ipation; and for other services and expenses, including transfer to
30 other state agencies or federal block grants, as specifically authorized
31 by law; and, notwithstanding any inconsistent provision of law, for any
32 activity, purpose or program, related to the temporary assistance for
33 needy families block grant, as such purpose, program or activity was
34 authorized in chapter 56 of the laws of 1997, chapters 53 of the laws of
35 1997, 1998, 1999, 2000, respectively, chapter 382 of the laws of 2001,
36 or chapter 53 of the laws of 2002, up to the amounts of the original
37 authorizations, if the commissioner of temporary and disability assist-
38 ance, subject to the approval of the director of the budget, determines
39 that such use is necessary for expenditures or encumbrances to conform
40 with restrictions in federal law and regulations relating to the defi-
41 nition of assistance. Notwithstanding any inconsistent provision of
42 law, such reimbursement from such appropriation shall be available only
43 for costs that have been incurred on or after December 2, 1996 unless
44 the federal government specifically provides additional reimbursement
45 for costs incurred prior to such date through grant awards other than
46 those for programs operated under the federal temporary assistance for
47 needy families program block grant.
48 Notwithstanding any inconsistent provision of law, in lieu of payments
49 authorized by the social services law, or payments of federal funds
50 otherwise due to the local social services districts for programs
51 provided under the federal social security act or the federal food stamp
52 act, funds so appropriated, in amounts certified by the state commis-
53 sioner of temporary and disability assistance or the state commissioner
54 of health as due from local social services districts each month as
55 their share of payments made pursuant to section 367-b of the social
56 services law may be set aside by the state comptroller in an interest-
S. 1406--B 309 A. 2106--B
1 bearing account with such interest accruing to the credit of the locali-
2 ty in order to ensure the orderly and prompt payment of providers under
3 section 367-b of the social services law pursuant to an estimate
4 provided by the commissioner of health of each local social services
5 district's share of payments made pursuant to section 367-b of the
6 social services law.
7 Funds so appropriated shall be available for aid to municipalities and
8 for payments to the federal government for expenditures made pursuant to
9 social services law and the state plan for individual and family grant
10 program under the disaster relief act of 1974.
11 Such funds are to be available for payment of aid heretofore accrued
12 or hereafter to accrue to municipalities. Subject to the approval of the
13 director of the budget, such funds shall be available to the department
14 of family assistance net of disallowances, refunds, reimbursements, and
15 credits including, but not limited to, additional federal funds result-
16 ing from any changes in federal cost allocation methodologies.
17 Notwithstanding any inconsistent provision of law, the amount so
18 appropriated may be increased or decreased by interchange with any other
19 appropriation within the department of family assistance, office of
20 temporary and disability assistance and office of children and family
21 services federal fund - local assistance account with the approval of
22 the director of the budget, who shall file such approval with the
23 department of audit and control and copies thereof with the chairman of
24 the senate finance committee and the chairman of the assembly ways and
25 means committee.
26 Notwithstanding any inconsistent provision of law, funds so appropri-
27 ated shall be used to reimburse social services district expenditures
28 only to the extent that such reimbursement does not reduce combined
29 state-local liabilities below the minimum applicable percentage of the
30 federal maintenance of effort spending requirement increased by
31 $94,200,000 in the state fiscal year commencing April 1, 2003 as such
32 amount is separately calculated by the commissioner of temporary and
33 disability assistance, and approved by the director of the budget, for
34 the six month periods of April 1, 2003 through September 30, 2003 and
35 October 1, 2003 through March 31, 2004.
36 Notwithstanding any inconsistent provision of law and through amounts
37 so appropriated, reductions in additional local financial participation
38 pursuant to approved "new local expenditure" plans authorized by chapter
39 53 of the laws of 2000 and chapter 382 of the laws of 2001, as reappro-
40 priated by such chapter of the laws of 2003 enacting the education,
41 labor and family assistance budget, shall be limited as follows: such
42 reductions in additional local financial participation shall be limited
43 to a total of $67,000,000 in New York city, inclusive of amounts that
44 may have been approved or credited in state fiscal years prior to 2002-
45 03, and shall be limited in other social services districts to amounts
46 that have accrued under local plans approved prior to April 1, 2002, and
47 have been credited prior to October 1, 2002.
48 Notwithstanding section 153 of the social services law, or any other
49 inconsistent provision of law, the commissioner of temporary and disa-
50 bility assistance, subject to the approval of the director of the budg-
51 et, may reimburse social services districts through funds so appropri-
52 ated in accordance with a plan that limits the proportion of each
53 district's family assistance caseload that may be exempted from the five
54 year limit on assistance required by paragraph (7) of subdivision (a) of
55 section 408 of the federal social security act to ensure that such
56 exemptions are available equitably in social services districts through-
S. 1406--B 310 A. 2106--B
1 out the state. In developing such plan, such commissioner may consider
2 district population, family assistance caseload, incidence of hardship
3 as defined in paragraph (a) of subdivision 2 of section 350 of the
4 social services law, or other factors that he or she deems appropriate.
5 Funds so appropriated, subject to the approval of the director of the
6 budget and in accordance with a memorandum of understanding between the
7 office of temporary and disability assistance and the department of
8 labor consistent with federal law and regulations, may be transferred or
9 suballocated to the department of labor for services and expenses
10 related to employment services for public assistance recipients. Subject
11 to the approval of the director of the budget, funds transferred or
12 suballocated to the department of labor may be used by the department of
13 family assistance directly or, in accordance with a memorandum of under-
14 standing, by other state agencies through direct charging of the depart-
15 ment of family assistance's appropriations as approved by the department
16 of labor.
17 Subject to the approval of the director of the budget and the commis-
18 sioner of labor, a portion of the amounts so appropriated may be used by
19 the office of temporary and disability assistance or transferred or
20 suballocated to the department of labor for payment of expenditures or
21 obligations incurred by the office, the department or social services
22 districts for employment services costs.
23 Notwithstanding any inconsistent provision of law, of the amounts so
24 appropriated, up to $41,325,000, notwithstanding section 153 of the
25 social services law and subject to the approval of the director of the
26 budget, may be made available, without state or local financial partic-
27 ipation, for services to individuals and families eligible for public
28 assistance or other benefits under the temporary assistance for needy
29 families block grant whose incomes do not exceed 200 percent of the
30 federal poverty level, provided that such services to eligible persons
31 not in receipt of public assistance shall not constitute "assistance"
32 under applicable federal regulations and provided further that the
33 office of temporary and disability assistance, the department of labor
34 and social services districts may opt to use funds made available from
35 the $41,325,000 to provide services pursuant to purposes three or four
36 of the personal responsibility and work opportunity reconciliation act
37 of 1996 as set forth in section 401 of the federal social security act
38 without regard to household income. Services provided by a social
39 services district pursuant to such purposes three or four shall be in
40 accordance with a local plan which shall include, but not necessarily be
41 limited to, a description of services to be provided, the amount of
42 funding to be used, and the total number of individuals estimated to be
43 served, including the estimated number of public assistance recipients
44 separately identified, approved by the director of the budget and the
45 commissioner of temporary and disability assistance or the commissioner
46 of the department of labor if such plan is signed by the responsible
47 local official and assigns the district sole financial responsibility in
48 the event that such use of funds results in any federal audit disallow-
49 ance or fiscal sanction including those set forth in section 409 of the
50 federal social security act. Provided, however, that, subject to the
51 approval of the director of the budget, the commissioner of temporary
52 and disability assistance or the commissioner of the department of labor
53 may waive state program standards and requirements in a manner not
54 inconsistent with federal policy advice, including but not limited to
55 the limitation on household income specified above, which govern how the
56 $41,325,000 so appropriated may be used by social services districts,
S. 1406--B 311 A. 2106--B
1 the office and the department of labor if such waivers are necessary to
2 address needs resulting from the terrorist attacks of September 11,
3 2001.
4 Of the $41,325,000, subject to the approval of the director of the
5 budget, notwithstanding any inconsistent provision of law, up to
6 $4,500,000 shall be available for services and expenses of existing
7 transitional opportunities program offices. Notwithstanding any incon-
8 sistent provision of law, a portion of the $41,325,000, so appropriated
9 shall be transferred or suballocated to the department of labor and may
10 be used to support priority state-administered services including those
11 provided through the InVEST program and the built on pride apprentice-
12 ship, preapprenticeship and self-sufficiency training program. The
13 remainder of the $41,325,000 shall be jointly allocated by the office of
14 temporary and disability assistance and the department of labor to
15 social services districts, transferred or suballocated to the department
16 of labor or other state agencies, or retained by such office to provide
17 a continuum of supportive and transitional services to help participants
18 move from welfare to work, avoid welfare dependency, or strengthen work
19 skills. Specific services may include, but not necessarily be limited
20 to: specialized self-sufficiency case management and job training
21 services through social services districts to help eligible persons
22 secure and retain employment; transportation services to and from
23 employment or other allowable activities; domestic violence screening
24 and service referral; domestic violence training; screening, assessment,
25 optional testing and treatment for substance abuse including related
26 workforce preparation services; periodic incentives for excellence in
27 academic achievement or community service; services and expenses of
28 transitional opportunities program offices; services to augment employ-
29 er-based programs that assist youth at-risk of not graduating from high
30 school; performance-based job placement services through contracts with
31 for profit or non-profit agencies; job specific training opportunities
32 and job placement; youth enterprise services, through memorandum of
33 understanding between the office of children and family services and the
34 department of labor, for eligible youth who have been released from
35 residential facilities; and state agency administration, including
36 contracts through the office with outside auditors to ensure compliance
37 with federal requirements.
38 Funds so appropriated shall be allocated to eligible programs and
39 services in accordance with a plan developed jointly, and updated quar-
40 terly, by the commissioner of temporary and disability assistance and
41 the commissioner of the department of labor and approved by the director
42 of the budget. Such plan shall base funding allocations on need as
43 evidenced by recent expenditure and service delivery levels taking into
44 account the distribution of funds, the need to help welfare recipients
45 achieve self-sufficiency, and the need to serve those who are the most
46 difficult to employ. As a condition of expending funds so appropriated,
47 affected social services districts and the commissioner of temporary and
48 disability assistance or the commissioner of the department of labor
49 shall certify that allocated funds will not be used to supplant other
50 sources of funding. At the request of social services districts, a
51 portion of the funds so appropriated may be retained by the office of
52 temporary and disability assistance or the department of labor to
53 provide centralized administrative services, including but not limited
54 to issuing requests for proposals, entering into and processing
55 contracts, and providing vendor payments.
S. 1406--B 312 A. 2106--B
1 Of the amounts so appropriated, subject to the approval of the direc-
2 tor of the budget, notwithstanding any inconsistent provision of law, up
3 to $2,000,000 shall be transferred or suballocated to the department of
4 health without state or local financial participation for additional
5 services and expenses provided to women, infants, and children eligible
6 for the special supplemental food program for women, infants and chil-
7 dren and eligible for public assistance or other benefits under the
8 federal temporary assistance for needy families block grant whose
9 incomes do not exceed 200 percent of the federal poverty level, provided
10 that such services to eligible persons not in receipt of public assist-
11 ance shall not constitute "assistance" under applicable federal regu-
12 lations.
13 Of the amount so appropriated, up to $1,000,000, plus funds necessary
14 for associated fringe benefit and indirect costs, without state or local
15 financial participation may be transferred to the state operations budg-
16 et of the office of temporary and disability assistance and the depart-
17 ment of labor to carry out activities necessary for the state to comply
18 with federal data reporting, case tracking and financial management
19 requirements as necessary to avoid federal fiscal sanctions. Such amount
20 shall be divided between such office and the department of labor by the
21 director of the budget based on need provided, however, that not less
22 than $150,000 shall be allocated to the office of financial management
23 in the office of temporary and disability assistance provided that such
24 office shall use a portion of such funds to timely furnish recent state-
25 wide and district specific expenditure data to social services districts
26 that can be used by each district as a basis for estimating its share of
27 the TANF maintenance of effort spending requirement.
28 Notwithstanding any inconsistent provision of law, if determined
29 necessary by the director of the budget to maintain adequate federal
30 support for other temporary and disability assistance programs, such
31 director may limit federal reimbursement available pursuant to this
32 section to social services districts for emergency assistance for fami-
33 lies or its successor program under federal welfare reform at levels
34 that are not less than federal reimbursement for emergency assistance
35 for families provided to social services districts during federal fiscal
36 year 1994-95. In calculating such a limit, the director may exclude
37 payments made in settlement of claims for such reimbursement for costs
38 incurred prior to October 1, 1994.
39 Of the amounts so appropriated, up to $181,000,000 shall be available
40 to reimburse local social services districts for the costs of child
41 welfare services, other than juvenile justice services, provided to
42 children eligible for emergency assistance to families. Of the
43 $181,000,000, up to $140,000,000 shall be allocated by the office of
44 children and family services to social services districts for 50 percent
45 of each district's eligible costs based on a district-specific allo-
46 cation schedule that shall be developed by such office, and submitted
47 for the approval of the director of the budget no later than 60 days
48 following enactment of such chapter of the laws of 2003 enacting the
49 education, labor and family assistance budget, and shall be propor-
50 tionate to individual district claims for such costs, net of any retro-
51 active payments for the year ending June 30, 2002 or any other 12 month
52 period as determined by the office of children and family services and
53 approved by the director of the budget, and that excludes eligible
54 foster care and foster care administration costs. Notwithstanding the
55 above limitations on reimbursement, and in the event that the federal
56 government requires, through cost allocation methodology or otherwise,
S. 1406--B 313 A. 2106--B
1 that such additional costs be reimbursed under title IV-A of the federal
2 social security act, the commissioner of temporary and disability
3 assistance shall reduce the rate of federal reimbursement for such costs
4 in each social services district such that total federal reimbursement
5 does not increase from levels that would have been available to the
6 district in absence of such federal requirement. Notwithstanding any
7 inconsistent provision of law, of the $181,000,000 so appropriated, up
8 to $41,000,000 shall be used to provide state reimbursement to social
9 services districts with a population in excess of 2,000,000 persons for
10 100 percent of such a district's first eligible expenditures that
11 occurred on or after October 1, 2002, or subject to the approval of the
12 director of the budget, any other period on or after January 1, 1997
13 solely for tuition costs for foster care children who are eligible for
14 emergency assistance for families; and provided further, however that
15 the portion of the general fund appropriation available to such district
16 for reimbursement in the office of children and family services general
17 fund - aid to localities foster care block grant appropriation author-
18 ized pursuant to such chapter of the laws of 2003 enacting the educa-
19 tion, labor and family assistance budget shall be reduced by $20,500,000
20 and the portion of such general fund appropriation so affected shall
21 have no further force or effect for the purpose of reimbursing expendi-
22 tures and disbursements by such social services district. Notwithstand-
23 ing any inconsistent provision of law, funds so appropriated may not be
24 used to reimburse localities for costs disallowed under title IV-E of
25 the social security act.
26 Amounts so appropriated shall, subject to the approval of the director
27 of the division of the budget, be used to reimburse social services
28 districts for one hundred percent of the expenditures for foster care
29 made on and after October 1, 2002 provided to children eligible for
30 emergency assistance for families, other than juvenile justice services
31 and other than tuition costs for foster care children who are eligible
32 for emergency assistance for families and are in the custody of the
33 commissioner of any local social services district with a population in
34 excess of 2,000,000 persons and, subject to the approval of the director
35 of the budget, the commissioner of children and family services, in
36 consultation with the commissioner of labor and the commissioner of
37 temporary and disability assistance, may exclude foster care and foster
38 care administration costs incurred on behalf of children in foster care
39 placements who are at least 19 years of age, provided that such
40 reimbursement shall be paid only after first deducting the amount of
41 reimbursement each district shall receive in accordance with an allo-
42 cation made by the commissioner of the office of children and family
43 services of the first $140,000,000 in federal funds appropriated in such
44 chapter of the laws of 2003 enacting the education, labor and family
45 assistance budget for eligible child welfare services provided however
46 that such deduction shall be accomplished without reducing any state and
47 local expenditures for child welfare services provided to children
48 eligible for emergency assistance for families and made by local social
49 services districts prior to October 1, 2002, and that the office of
50 children and family services shall require that, as a condition of local
51 receipt of federal reimbursement pursuant to this provision, funds so
52 appropriated that are in addition to the first $140,000,000 shall be
53 used to first reimburse 100 percent of the eligible foster care costs
54 incurred by each social services district on behalf of children eligible
55 for emergency assistance for families. This provision shall not reduce
56 any social services district's allocation as authorized by the office of
S. 1406--B 314 A. 2106--B
1 children and family services general fund - aid to localities foster
2 care block grant established pursuant to this chapter. Notwithstanding
3 section 153 of the social services law and any other inconsistent
4 provision of the social services law or such chapter of the laws of 2003
5 enacting the education, labor and family assistance budget, the commis-
6 sioner of the office of temporary and disability assistance, upon
7 consultation with the commissioner of the office of children and family
8 services and subject to the approval of the director of the budget,
9 shall reduce federal financial participation in the cost of eligible
10 temporary and disability assistance expenses, including but not limited
11 to, the family assistance program, the emergency assistance for families
12 program and their administration paid to social services districts by
13 the amount of federal financial participation received by each district
14 for foster care pursuant to this provision that is in addition to the
15 first $140,000,000 for child welfare services and shall require each
16 district to be responsible for 100 percent of the additional non-federal
17 cost that results from such reduction in federal financial participation
18 in an amount not to exceed the actual amount of federal temporary
19 assistance to needy families funds for foster care provided to children
20 eligible for emergency assistance for families pursuant to such appro-
21 priation. The commissioner of the office of temporary and disability
22 assistance may require each social services district to make necessary
23 adjustments in claims for eligible temporary and disability assistance
24 expenses to effectuate the reduction in federal financial participation
25 required herein. Notwithstanding section 153 of the social services law
26 and any other inconsistent provision of the social services law or such
27 chapter of the laws of 2003 enacting the education, labor and family
28 assistance budget, the commissioner of the office of temporary and disa-
29 bility assistance may not reduce federal financial participation in
30 local administrative expenses for a social services district until the
31 reduction in federal financial participation in all other expenditures
32 for such public assistance programs has been reduced by 95 percent of
33 estimated expenditures otherwise eligible for federal financial partic-
34 ipation unless otherwise waived by such commissioner.
35 Of the amounts so appropriated, up to $105,000,000 shall be available
36 to reimburse local social services districts for 100 percent of the
37 costs of expenditures for care, maintenance, supervision, and tuition
38 for juvenile delinquents and persons in need of supervision who are
39 placed in residential programs operated by authorized agencies and who
40 are eligible for emergency assistance to families in the manner the
41 state was authorized to fund such costs under part A of title IV of the
42 social security act as such part was in effect on September 30, 1995.
43 Such expenditures shall constitute good cause pursuant to section 408
44 (a) (10) of the social security act. Allocation of such funds shall be
45 based on a district-specific allocation plan that shall be developed by
46 the office of children and family services and submitted for approval to
47 the director of the budget no later than 60 days following enactment of
48 such chapter of the laws of 2003 enacting the education, labor and fami-
49 ly assistance budget, and shall be based on each district's claims
50 submitted for such costs adjusted by the applicable cost allocation
51 methodology and net of any retroactive payments for federal fiscal year
52 ending September 30, 2002 or any other 12 month period as determined by
53 the office of children and family services and approved by the director
54 of the budget. Notwithstanding any other inconsistent provision of law,
55 upon their occurrence, expenditures by and disbursements to a social
56 services district made from the $105,000,000 shall reduce the amount
S. 1406--B 315 A. 2106--B
1 appropriated in the general fund - aid to localities budget in the
2 office of children and family services to support state costs in the
3 office of children and family services general fund - aid to localities
4 foster care block grant appropriation provided pursuant to such chapter
5 of the laws of 2003 enacting the education, labor and family assistance
6 budget by 50 percent of the amount of such expenditures and disburse-
7 ments, and the portion of such general fund appropriation so affected
8 shall have no further force or effect for the purpose of reimbursing
9 expenditures and disbursements by such social services district;
10 provided, however, that any disbursements that exceed the amount of
11 funds remaining in a social services district foster care block grant
12 allocation authorized pursuant to such chapter of the laws of 2003
13 enacting the education, labor and family assistance budget shall result
14 in a reduction in any other general fund - aid to localities appropri-
15 ation available to the district. Unless otherwise approved by the
16 commissioner of the office of children and family services with the
17 approval of the director of the budget, these funds may be used only for
18 eligible expenditures made from October 1, 2002 through September 30,
19 2003.
20 Of the amounts so appropriated, up to $12,000,000 shall be available
21 for 100 percent of the expenditures by the office of children and family
22 services for care, maintenance, supervision, and tuition costs for juve-
23 nile delinquents who are placed in residential programs operated by the
24 office of children and family services and who are eligible for emergen-
25 cy assistance to families in the manner the state was authorized to fund
26 such costs under part A of title IV of the social security act as such
27 part was in effect on September 30, 1995.
28 Notwithstanding any inconsistent provision of law, funds so appropri-
29 ated may not be used to reimburse localities for costs disallowed under
30 title IV-E of the social security act.
31 Of the amounts so appropriated, notwithstanding any inconsistent
32 provision of law, up to $1,000,000 shall be made available subject to
33 the approval of the director of the budget, without state or local
34 financial participation, through transfer or suballocation to the office
35 of children and family services for pilot community-based programs for
36 services to youth who are placed with the office of children and family
37 services pursuant to purposes three or four of the personal responsibil-
38 ity and work opportunity reconciliation act of 1996 as set forth in
39 section 401 of the federal social security act without regard to house-
40 hold income. Such services may include, but not be limited to, non-medi-
41 cal multi-systemic therapy and/or family functional therapy. The
42 commissioner of the office of children and family services is hereby
43 directed to develop a restructuring plan detailing the creation of
44 community-based services utilizing multi-systemic therapy, family func-
45 tional therapy, functional therapeutic foster care, and electronic moni-
46 toring. Funds from such appropriation shall only be available contingent
47 upon release of a restructuring plan by July 1, 2003 to the temporary
48 president of the senate, the speaker of the assembly, and the respective
49 chairs of the senate finance, assembly ways and means, senate children
50 and families, and assembly children and families committees. Such
51 restructuring plan shall include, but not be limited to, the impact that
52 new community-based programs will have on existing beds and facilities
53 operated by the office of children and family services, the number and
54 location of facilities operated by the office of children and family
55 services that will be closed, any changes in program or level of securi-
56 ty that may result at any facility operated by the office of children
S. 1406--B 316 A. 2106--B
1 and family services, the impact that new community-based services will
2 have on the workforce employed at facilities operated by the office of
3 children and family services, the types of services that are to be
4 established in new community-based programs, the process and factors
5 that the office will utilize in selecting the most appropriate provider
6 should any of the development, training, or implementation of the
7 program be contracted out of the office, and a timeline for the imple-
8 mentation of all anticipated changes in facilities operated by the
9 office of children and family services and the establishment of the new
10 community-based programs.
11 Of the amount so appropriated, up to $7,000,000 may be transferred or
12 suballocated, subject to the approval of the director of the budget, to
13 the office of children and family services for new or expanded services
14 and expenses, without state or local financial participation, to initi-
15 ate program modifications and/or to provide services, which may include
16 but not be limited to substance abuse and mental health counseling, to
17 divert youth at risk of placement in non-secure detention programs, to
18 reduce the length of placement of youth receiving non-secure detention
19 services, and/or to provide preventive and other supportive services to
20 persons 16 and 17 years old who are alleged or determined to be in need
21 of supervision consistent with purpose 3 of section 401 of the personal
22 responsibility and work opportunities reconciliation act of 1996. A
23 portion of the funds shall be allocated to each social services district
24 based on a district-specific allocation plan that shall be developed by
25 the office of children and family services and submitted for approval to
26 the director of the budget to reimburse the district for eligible activ-
27 ities provided in accordance with a plan submitted within 45 days of the
28 date the office allocates such funds to the districts by the applicable
29 county executive or the mayor of the city of New York and approved by
30 the office of children and family services. If the total amount of a
31 social services district's claims for eligible activities is less than
32 the amount allocated to the district for such claims, the office of
33 temporary and disability assistance may reallocate the unused funds to
34 other social services districts with eligible claims that exceed their
35 allocations.
36 Of the amounts so appropriated, subject to the approval of the direc-
37 tor of the budget, notwithstanding any other inconsistent provision of
38 law, $10,000,000 without state or local financial participation may be
39 transferred to the department of health for programs of community health
40 education and outreach and community-based adolescent pregnancy
41 prevention, to address the needs of both adults and adolescents eligible
42 for such services under the federal temporary assistance for needy fami-
43 lies block grant, for the purpose of preventing unintended pregnancies.
44 Of the amounts so appropriated, notwithstanding any other inconsistent
45 provision of law, up to $3,500,000 without state or local financial
46 participation may be transferred or suballocated to the department of
47 health, through a memorandum of understanding between the department of
48 health and the office of temporary and disability assistance approved by
49 the director of the budget, for services provided by school based health
50 centers that are eligible under federal law, including, but not limited
51 to, health education and non-medical counseling services, to youth
52 eligible for such services under the state plan for the federal tempo-
53 rary assistance for needy families block grant, provided that such
54 services to eligible youth not in receipt of public assistance shall not
55 constitute "assistance" under applicable federal regulations. The
56 commissioner of health shall distribute such funds to the current one
S. 1406--B 317 A. 2106--B
1 hundred eighty-two eligible school based health centers approved by the
2 department of health prior to January 1, 2003 based upon the number of
3 pupils eligible for the free and reduced price lunch program in the
4 school where the center is located. Such methodology for distributing
5 funds to the current eligible school based health centers shall provide
6 for a minimum allocation of at least $21,500, and a maximum allocation
7 of $155,000. Such methodology shall apply the percentage of free and
8 reduced price lunch eligible students in the school to the student
9 census of the school to calculate the number of enrollees eligible for
10 reimbursement. There shall be seven levels of funding such that centers
11 with enrollees of less than 500 shall receive at least $21,500, centers
12 with more than 500 and less than 1000 shall receive at least $43,000,
13 centers with more than 1000 and less than 1800 shall receive at least
14 $64,500, centers with more than 1800 enrollees and less than 2800 shall
15 receive at least $86,000, centers with more than 2800 enrollees and less
16 than 3800 shall receive at least $107,000, centers with more than 3800
17 enrollees and less than 5500 enrollees shall receive at least $129,000
18 and centers with more than 5500 enrollees shall receive at least
19 $150,000. For six school based health centers approved by the department
20 of health after December 31, 2002 and before April 1, 2003, the allo-
21 cation shall be $10,000. The free and reduced price lunch program shall
22 mean such program as defined in the education law. School based health
23 center shall mean a clinic licensed under article 28 of the public
24 health law, which provides primary care services within an elementary or
25 secondary public school setting.
26 Of the amounts so appropriated, subject to the approval of the direc-
27 tor of the budget, up to $12,000,000 without state or local financial
28 participation may be made available through transfer or suballocation to
29 the department of health for additional services and expenses of the
30 hunger prevention and nutrition assistance program for individuals and
31 families eligible for public assistance or other benefits under the
32 state plan for the temporary assistance for needy families block grant
33 whose incomes do not exceed 200 percent of the federal poverty level,
34 including: additional capacity and services for underserved communities
35 and populations including those served by small food pantries; enhanced
36 nutritional quality by accessing diversified food resources including
37 from local farms and farmers' markets; and outreach and referral to
38 other programs designed to reduce dependence on emergency food, provided
39 that such services to eligible persons not in receipt of public assist-
40 ance shall not constitute "assistance" under applicable federal regu-
41 lations. A portion of the $12,000,000 so appropriated may be made avail-
42 able through transfer or suballocation to the department of health to
43 reimburse personal and nonpersonal service costs incurred by the depart-
44 ment of health in administering the provision of such services to such
45 eligible individuals and families.
46 Subject to the approval of the director of the budget, the amounts so
47 appropriated may be suballocated to other federal special revenue funds
48 to the extent permitted by federal law.
49 Of the amounts so appropriated, notwithstanding any inconsistent
50 provision of law, subject to the approval of the director of the budget,
51 up to $4,000,000 may be transferred or suballocated to other state agen-
52 cies and used pursuant to a memorandum of understanding to provide,
53 without state or local financial participation, services as an alterna-
54 tive to incarceration for eligible individuals and families under the
55 state plan for the temporary assistance for needy families block grant
56 whose incomes do not exceed 200 percent of the federal poverty level,
S. 1406--B 318 A. 2106--B
1 provided that such services to eligible persons not in receipt of public
2 assistance shall not constitute "assistance" under applicable federal
3 regulations.
4 Of the amounts so appropriated, and notwithstanding any inconsistent
5 provision of law, up to $2,000,000 without state or local financial
6 participation may be made available subject to the approval of an
7 expenditure plan by the director of the budget for transfer or suballo-
8 cation to the office of children and family services for eligible
9 services and expenses of improving the quality of child welfare services
10 that may include, but not be limited to demonstration projects to test
11 models for new or targeted expansion of services beyond the level
12 currently funded by local social services districts to eligible individ-
13 uals and their families under the state plan for the federal temporary
14 assistance for needy families block grant whose incomes do not exceed
15 200 percent of the federal poverty level and, unless in receipt of
16 public assistance, whose participation in such activities would not
17 constitute "assistance" under federal TANF regulations.
18 A portion of the amount so appropriated, subject to the approval of
19 the director of the budget and in an amount determined by the director
20 of the budget based upon the availability of funding for such purpose,
21 shall be transferred or suballocated by the office of temporary and
22 disability assistance to the higher education services corporation for
23 reimbursement of tuition assistance expenses, not inconsistent with
24 federal law, regulation, or policy advice, for eligible persons who have
25 household incomes that do not exceed 200 percent of the federal poverty
26 level and who are citizens of the United States. Such amount shall be
27 used by such corporation, pursuant to a memorandum of agreement between
28 the president of such corporation and the commissioner of the office of
29 temporary and disability assistance, to provide funding to such corpo-
30 ration for tuition assistance expenses which otherwise would be funded
31 through such corporation's general fund - aid to localities appropri-
32 ation for tuition assistance awards. Such memorandum of agreement shall
33 set forth a requirement for data reporting by the president of the
34 corporation and the commissioner of temporary and disability assistance
35 to responsible state and federal officials in the event of audit or to
36 meet federal eligibility verification requirements, and shall include a
37 requirement for semi-annual reporting by such president to such commis-
38 sioner on the number of such persons participating in the tuition
39 assistance program and the amount expended on their behalf. Notwith-
40 standing any inconsistent provision of law, upon their occurrence,
41 disbursements against such amount shall immediately reduce the amounts
42 appropriated to the corporation for the tuition assistance program from
43 the general fund - local assistance account by an equivalent amount, and
44 the portion of such general fund appropriation so affected shall have no
45 further force or effect.
46 Of the amounts so appropriated, subject to the approval of the direc-
47 tor of the budget and notwithstanding any inconsistent provision of law,
48 $25,000,000 shall be made available without state or local financial
49 participation, through transfer or suballocation to the department of
50 labor, for formula allocations to local workforce investment areas based
51 on the federal job training partnership act and workforce investment act
52 youth formulas, for the purpose of operating a summer 2003 youth employ-
53 ment program providing full wage subsidy paid summer employment and
54 associated supportive services to eligible individuals with families
55 under the state plan for the temporary assistance for needy families
56 block grant whose incomes do not exceed 200 percent of the federal
S. 1406--B 319 A. 2106--B
1 poverty level, provided that such services to eligible persons not in
2 receipt of public assistance shall not constitute "assistance" under
3 applicable federal regulations, and provided further that no more than
4 15 percent of the funds made available may be used for program adminis-
5 tration.
6 Notwithstanding any inconsistent provision of law, of the amounts so
7 appropriated, subject to the approval of the director of the budget, up
8 to $50,000,000 shall be transferred or suballocated by the office of
9 temporary and disability assistance to the education department for
10 reimbursement of eligible pre-kindergarten expenses, not inconsistent
11 with federal law, regulation, or policy advice, for at-risk children as
12 defined by the commissioner of the office. Such amount shall be used by
13 the commissioner of education, pursuant to a memorandum of agreement
14 with the commissioner of the office of temporary and disability assist-
15 ance, to provide state reimbursement to school districts which otherwise
16 would have been reimbursed for pre-kindergarten programs operating
17 pursuant to section 3602-e of the education law through the department's
18 general support for public schools for aid payable in the 2003-04 school
19 year, or through the department's general fund-aid to localities appro-
20 priation for experimental pre-kindergarten services. Such memorandum of
21 agreement shall provide for cash flow procedures relating to payment of
22 pre-kindergarten claims, require data reporting by the commissioner of
23 education and the commissioner of the office to responsible state or
24 federal officials in the event of audit, and provide for at least semi-
25 annual reporting by the commissioner of education to the commissioner of
26 the office of temporary and disability assistance on the number of chil-
27 dren participating in pre-kindergarten services in each school district
28 and on the amount expended on their behalf. Notwithstanding any incon-
29 sistent provision of law, upon their occurrence, disbursements against
30 such transferred or suballocated amount shall immediately reduce the
31 amounts appropriated in the education department for such programs by an
32 equivalent amount, and the portion of such general fund appropriation or
33 appropriations so affected shall have no further force or effect.
34 Notwithstanding any inconsistent provision of law, of the amounts so
35 appropriated, up to $6,000,000 without state or local financial partic-
36 ipation, subject to plans developed, as appropriate, by social services
37 districts and non-residential domestic violence service providers and
38 approved by the commissioner of temporary and disability assistance and
39 the director of the budget, shall be made available to reimburse social
40 services districts for additional direct costs associated with domestic
41 violence screening and referral to counseling and related services for
42 eligible individuals and families under the state plan for the temporary
43 assistance for needy families block grant whose incomes do not exceed
44 200 percent of the federal poverty level. Of the $6,000,000, up to
45 $3,000,000 shall be available through transfer or suballocation to the
46 office of children and family services for the provision of non-residen-
47 tial domestic violence services. Local social services districts are
48 encouraged to collaborate with non-profit providers in the provision of
49 such services. Provided, however, that funds made available for
50 services, other than non-residential domestic violence services, which a
51 local social services district has not obligated by February 1, 2004
52 may, at such local district option, be used by such district for other
53 services eligible under the temporary assistance for needy families
54 block grant including, but not limited to, supportive, transitional and
55 employment services to help participants move from welfare to work,
56 avoid welfare dependency, or strengthen work skills.
S. 1406--B 320 A. 2106--B
1 Of the amounts so appropriated, notwithstanding any inconsistent
2 provision of law, subject to the approval of the director of the budget,
3 up to $2,500,000 may be available, without state or local financial
4 participation, for eligible costs related to screening, assessment,
5 optional testing and treatment for substance abuse problems for eligible
6 individuals and families under the state plan for the temporary assist-
7 ance for needy families block grant whose incomes do not exceed 200
8 percent of the federal poverty level. These funds may be spent pursuant
9 to a plan, developed by the social services district with the local
10 government unit and approved by the department of family assistance and
11 the department of labor to reimburse social services districts for addi-
12 tional direct costs associated with screening, testing, and assessment
13 for substance abuse pursuant to chapter 436 of the laws of 1997 enacting
14 comprehensive welfare reform and to provide services including but not
15 limited to addiction treatment, day care and workforce preparation
16 services, for such eligible individuals and families. Provided however,
17 that of the funds so appropriated to local social services districts, if
18 a local social services district has not obligated its allocation by
19 February 1, 2004, such district may, at its option use such remaining
20 allocation for other services eligible under the temporary assistance
21 for needy families block grant including, but not limited to, support-
22 ive, transitional and employment services to help participants move from
23 welfare to work, avoid welfare dependency, or strengthen work skills.
24 Notwithstanding any inconsistent provision of law, of the amounts so
25 appropriated, subject to the approval of the director of the budget, up
26 to $5,000,000 without state or local financial participation, may be
27 made available for the provision of transportation services to eligible
28 individuals and families under the state plan for the temporary assist-
29 ance for needy families block grant whose incomes do not exceed 200
30 percent of the federal poverty level, for the purpose of transportation
31 to and from employment or other allowable activities; provided however,
32 that unless the eligible individual or family is in receipt of public
33 assistance, receipt of such transportation services may not constitute
34 assistance under federal regulations governing the temporary assistance
35 for needy families block grant. Such amount may be transferred or subal-
36 located to the department of labor for distribution to social services
37 districts to assist such eligible individuals and families in accessing
38 and securing transportation to and from work activities in accordance
39 with project plans submitted by the districts, or used directly or in
40 consultation with the department of transportation to provide such
41 services. Such funds may be provided to employers for expenses related
42 to the provision of transportation to and from work activities for
43 eligible individuals. Provided however, that of the funds so appropri-
44 ated to local social services districts, if a local social services
45 district has not obligated its allocation by February 1, 2004, such
46 district may, at its option use such remaining allocation for other
47 services eligible under the temporary assistance for needy families
48 block grant including, but not limited to, supportive, transitional and
49 employment services to help participants move from welfare to work,
50 avoid welfare dependency, or strengthen work skills. Of the $5,000,000,
51 subject to the approval of the director of the budget, notwithstanding
52 any inconsistent provision of law, up to $2,125,000 shall be available
53 to the Rochester-Genesee Regional Transportation Authority for the
54 implementation of programs, or the provision of additional transporta-
55 tion services to such eligible individuals and families, for the purpose
56 of transportation to and from employment or other allowable work activ-
S. 1406--B 321 A. 2106--B
1 ities. Of the $5,000,000, subject to the approval of the director of the
2 budget, notwithstanding any inconsistent provision of law, up to
3 $125,000 shall be available for wheels for work demonstration programs
4 to assist such eligible individuals and families to procure, repair,
5 finance, and/or insure vehicles needed for transportation to and from
6 employment or allowable work activities to attain or maintain self-suf-
7 ficiency.
8 Of the amounts so appropriated, notwithstanding any inconsistent
9 provision of law, up to $18,000,000, including an amount not to exceed
10 $100,000 for state agencies' program administration, subject to the
11 approval of the director of the budget, shall be available for transfer
12 or suballocation to the office of children and family services, for
13 extension of current contracts for preventive services beyond the level
14 currently funded by social services districts to eligible individuals
15 and families under the state plan for the federal temporary assistance
16 for needy families block grant whose incomes do not exceed 200 percent
17 of the federal poverty level, including but not limited to: intensive
18 case management and related services for families with children at risk
19 of foster care placement due to the presence of alcohol and/or substance
20 abuse in the household; family preservation services, centers and
21 programs; foster care diversion demonstrations; and nonprofit provider
22 collaborations with family treatment courts.
23 Notwithstanding any inconsistent provision of law, of the amounts so
24 appropriated, up to $150,000, without state or local financial partic-
25 ipation, shall be available through transfer or suballocation to the
26 office of children and family services, to not-for-profit and voluntary
27 agencies providing support services to the caretaker relative of a minor
28 child when such services are provided to eligible individuals and fami-
29 lies under the state plan for the federal temporary assistance for needy
30 families block grant whose incomes do not exceed 200 percent of the
31 federal poverty level.
32 Of the amounts so appropriated, notwithstanding any inconsistent
33 provision of law, up to $4,000,000, without state or local financial
34 participation, shall be made available for additional services and
35 expenses of the homelessness intervention program for eligible individ-
36 uals and families, including non-custodial parents, under the state plan
37 for the federal temporary assistance for needy families block grant
38 whose incomes do not exceed 200 percent of the federal poverty level.
39 These funds shall be available to not-for-profit organizations designed
40 to provide services to prevent homelessness or to secure permanent hous-
41 ing, including but not limited to landlord/tenant conflict resolution,
42 legal services, outreach and referral for other eligible services and
43 benefits to stabilize households, and relocation assistance.
44 Of the amounts so appropriated, subject to the approval of the direc-
45 tor of the budget, notwithstanding any inconsistent provision of law,
46 $5,000,000 shall be available, without state or local financial partic-
47 ipation, to the department of labor for the continuation of current
48 contracts for a wage subsidy demonstration program for eligible individ-
49 uals and families under the state plan for the federal temporary assist-
50 ance for needy families block grant whose incomes do not exceed 200
51 percent of the federal poverty level. Eligible not-for-profit community
52 based organizations in social services districts shall administer a
53 program that enables employers to offer subsidized employment, including
54 but not limited to, expanded supportive transitional work activities for
55 such eligible individuals and families consistent with the provisions of
56 section 336-e and section 336-f of the social services law, as applica-
S. 1406--B 322 A. 2106--B
1 ble. Provided that, of the $5,000,000, not less than $3,300,000 shall be
2 for programs in social services districts with a population in excess of
3 two million. The department shall give preference to proposals that
4 include provisions for job retention, case management and job placement
5 services. Participation in the program by such eligible individuals and
6 families shall be limited to one year. Participating employers shall
7 make reasonable efforts to retain individuals served by the program.
8 Of the amounts so appropriated, subject to the approval of the direc-
9 tor of the budget, notwithstanding any inconsistent provision of law,
10 $1,000,000 shall be made available without state or local financial
11 participation to the department of labor, in accordance with a memoran-
12 dum of understanding between the state education department and the
13 department of labor, for programs including but not limited to, work-
14 place literacy instruction and intergenerational education models,
15 designed to increase the literacy and work preparedness of eligible
16 individuals and families under the state plan for the federal temporary
17 assistance to needy families block grant whose incomes do not exceed 200
18 percent of the federal poverty level, provided, that such funds may be
19 awarded to applicants without prior experience operating literacy
20 programs.
21 Of the amounts so appropriated, subject to the approval of the direc-
22 tor of the budget, notwithstanding any inconsistent provision of law, up
23 to $1,250,000 shall be available without state or local financial
24 participation for transfer or suballocation to the department of labor,
25 in accordance with a memorandum of understanding between the state
26 education department and the department of labor, for English as a
27 second language instruction for eligible individuals and families under
28 the state plan for the federal temporary assistance for needy families
29 block grant whose incomes do not exceed 200 percent of the federal
30 poverty level. Such monies may be awarded to applicants without prior
31 experience operating English as a second language instruction programs,
32 and shall be used for programs operated by not-for-profit organizations
33 that operate in a geographic area with a high concentration of individ-
34 uals and families eligible for services under the federal temporary
35 assistance for needy families block grant and that provide such services
36 and programs in a manner that appropriately addresses the specific
37 linguistic and cultural needs of the participants. To the extent feasi-
38 ble, preference shall be given to applicants who will certify that a
39 portion of their curriculum will address language skill needs of non-
40 English speaking workers as they relate to workplace safety issues.
41 Of the amounts so appropriated, subject to the approval of the direc-
42 tor of the budget, notwithstanding any inconsistent provision of law, up
43 to $3,000,000 shall be available for transfer or suballocation to the
44 department of labor, in accordance with a memorandum of understanding
45 between the state education department, office of vocational and educa-
46 tion department services for individuals with disabilities (VESID) and
47 the department of labor, for work activities for eligible individuals
48 and families under the state plan for the federal temporary assistance
49 for needy families block grant whose incomes do not exceed 200 percent
50 of the federal poverty level, and to provide comprehensive, intensive
51 services to assist such individuals with disabilities in achieving
52 employment. To the extent allowable, such allocation shall be used for
53 work activities that can be credited toward the participation rate
54 requirements set forth in the federal personal responsibility and work
55 opportunities reconciliation act of 1996.
S. 1406--B 323 A. 2106--B
1 Of the amounts so appropriated, notwithstanding any inconsistent
2 provision of law and subject to the approval of the director of the
3 budget, $1,000,000 shall fund the continuation of the two demonstration
4 projects to assist individuals and families, who are eligible for bene-
5 fits under the state plan for the federal temporary assistance for needy
6 families block grant, whose incomes do not exceed 200 percent of the
7 federal poverty level and, unless in receipt of public assistance, whose
8 participation in such projects would not constitute "assistance" under
9 federal TANF regulations, in moving out of poverty through the pursuit
10 of higher education. Projects shall include intensive, long-term case
11 management and statistically-based outcome assessments. Of the
12 $1,000,000, $500,000 shall be made available for one project at a
13 private, secular, liberal arts institution of higher education located
14 in central New York that has evidence of a prior commitment to estab-
15 lishing such a program including having held a conference on the
16 project, the receipt of financial commitment for a not-for-profit foun-
17 dation, and an established working relationship with regional social
18 services agencies, the local business community and other public and/or
19 private institutions of higher education, and $500,000 shall be made
20 available for one project at an education and work consortium having
21 developed programs that moved significant numbers of people from welfare
22 to permanent employment, and with the receipt of financial commitment
23 from a not-for-profit foundation, and an established working relation-
24 ship with regional social services agencies, the local business communi-
25 ty and other public and/or private institutions of higher education. The
26 consortium shall consist of three institutions of higher education with
27 one of the institutions being a CUNY institution, one a New York city
28 based institution, and one based in Westchester county.
29 Of the amounts so appropriated, notwithstanding any inconsistent
30 provision of law, $175,000 shall be made available, through transfer or
31 suballocation to the office of children and family services, to non-pro-
32 fit organizations for counseling, education, parenting skills, parental
33 access and visitation assistance, job training, job placement and other
34 services eligible for reimbursement under the temporary assistance for
35 needy families block grant that would establish and strengthen familial
36 bonds with non-custodial parents and their children; provided, however,
37 that, such services only be provided to eligible individuals and fami-
38 lies under the TANF state plan whose incomes do not exceed 200 percent
39 of the federal poverty level or who are non-custodial parents of chil-
40 dren in receipt of public assistance or whose incomes do not exceed 200
41 percent of the federal poverty level.
42 Of the amounts so appropriated, notwithstanding any inconsistent
43 provision of law, up to $2,000,000, without state or local financial
44 participation, shall be made available for the services and expenses
45 related to a supportive housing program for families and for young
46 adults age 18 to 25, who are eligible for benefits under the state plan
47 for the federal temporary assistance for needy families block grant,
48 whose incomes do not exceed 200 percent of the federal poverty level
49 and, unless in receipt of public assistance, whose participation in such
50 a program would not constitute "assistance" under federal TANF regu-
51 lations. Such amount shall be used to extend contracts awarded under the
52 supported housing for families and young adults program request for
53 proposal issued in fiscal year 2002-03, provided, however, that in the
54 event that a contractor ceases to participate in such program, funds
55 allocated to such contractor shall be reallocated to existing contrac-
56 tors or to qualified applicants for funds under the supported housing
S. 1406--B 324 A. 2106--B
1 for families and young adults program request for proposal issued in
2 fiscal year 2002-03. Such supportive housing program shall be designed
3 to enhance the employability, self-sufficiency, and/or family stability
4 of residents, and prevent out-of-wedlock pregnancies among young adult
5 residents. Eligible families shall include: homeless families; families
6 at risk of exceeding, and those that have exceeded, their TANF assist-
7 ance time limit: families with multiple barriers to employment and hous-
8 ing stability; families at risk for foster care placement; and those
9 that are reunited after placements. Eligible young adults shall include:
10 young adults aging out of the foster care system; runaway and homeless
11 youths; and youth subject to criminal charges who are at risk for incar-
12 ceration.
13 Of the amounts so appropriated, subject to the approval of the direc-
14 tor of the budget, notwithstanding any inconsistent provision of law,
15 $7,000,000 shall be made available without state or local financial
16 participation, through the transfer or suballocation to the department
17 of labor, in accordance with a memorandum of understanding between the
18 department of labor and the state university of New York, for services
19 and expenses related to the development of technology assisted learning
20 programs at the educational opportunity centers. Provided, however, that
21 funds so appropriated shall be used to provide basic educational skills,
22 job readiness training, and occupational training to program partic-
23 ipants who are eligible individuals and families under the state plan
24 for the federal temporary assistance for needy families block grant
25 whose incomes do not exceed 200 percent of the federal poverty level.
26 Of the amounts so appropriated, notwithstanding any inconsistent
27 provision of law, up to $1,000,000 shall be made available for services
28 and expenses of a program, pursuant to section 35 of the social services
29 law but without state or local financial participation, providing legal
30 representation of individuals whose federal disability benefits have
31 been denied or may be discontinued, and who are eligible for benefits
32 under the state plan for the federal temporary assistance for needy
33 families block grant whose incomes do not exceed 200 percent of the
34 federal poverty level, provided that such services to eligible persons
35 not in receipt of public assistance shall not constitute "assistance"
36 under applicable federal regulations.
37 Of the amounts so appropriated, notwithstanding any inconsistent
38 provision of law, up to $500,000 without state or local financial
39 participation, shall be made available, in social services districts
40 with a population in excess of two million, to support programs that
41 meet the emergency needs of homeless individuals and families and those
42 at risk of becoming homeless who are eligible for benefits under the
43 state plan for the temporary assistance for needy families block grant
44 and whose incomes do not exceed 200 percent of the federal poverty
45 level, provided that such services to eligible persons not in receipt of
46 public assistance shall not constitute "assistance" under applicable
47 federal regulations. Such programs shall have demonstrated experience in
48 providing services to meet the emergency needs of homeless individuals
49 and families and those at risk of becoming homeless, including crisis
50 intervention services, eviction prevention services, mobile emergency
51 feeding services, and summer youth services.
52 Notwithstanding any inconsistent provision of law, of the amounts so
53 appropriated, the sum of $3,000,000, without state or local financial
54 participation, shall be available to provide literacy training and
55 English as a second language instruction to individuals and families
56 who, upon determination of eligibility for such services, are in receipt
S. 1406--B 325 A. 2106--B
1 of public assistance and are eligible for services under the temporary
2 assistance for needy families block grant who lack a literacy level
3 equivalent to the ninth month of the eighth grade or have English
4 language proficiency equal to a score of 34 or less on the NYS PLACE
5 test or an equivalent score on a comparable test. Providers shall
6 include community colleges or, in counties outside of New York city, may
7 also include BOCES or local school districts who have experience operat-
8 ing state or federally funded literacy and/or English proficiency
9 programs. These providers may provide services directly or subcontract
10 to organizations similarly experienced.
11 The office of temporary and disability assistance is hereby authorized
12 to extend current contracts at no additional costs within amounts appro-
13 priated and unexpended by contractors heretofore and hereafter for
14 contracts in effect during fiscal year 2002-03.
15 Notwithstanding any inconsistent provision of law, a portion of the
16 funds so appropriated may be used by the department of family assistance
17 and the department of labor, subject to the approval of the director of
18 the budget, for a New York works compliance fund program. In the event
19 that federal temporary assistance for needy families block grant funds
20 remain available after reimbursing other eligible expenditures author-
21 ized or required by such chapter of the laws of 2003 enacting the educa-
22 tion, labor and family assistance budget, such additional funding may be
23 made available to the office of temporary and disability assistance, the
24 department of labor, and/or the office of children and family services
25 subject to the approval of the director of the budget, either immediate-
26 ly or, through carry forward, during subsequent state fiscal years, to
27 meet the cost of employment services, child care through transfer to the
28 federal block grant fund - 265, federal day care account in the office
29 of children and family services, computer systems, training or program
30 operations provided that the director of the budget does not determine
31 that such use of funds can be expected to have the effect of increasing
32 qualified state expenditures under paragraph 7 of subdivision (a) of
33 section 409 of the federal social security act above the minimum appli-
34 cable federal maintenance of effort requirement.
35 § 91. Pursuant to the provisions of the federal omnibus budget recon-
36 ciliation act of 1981, and with the approval of the director of the
37 budget, moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the education, labor and family assistance budget to
39 the office of temporary and disability assistance under the temporary
40 and disability assistance program from the special revenue funds -
41 federal / state operations, federal block grant fund - 269 for services
42 and expenses related to the low income home energy assistance program
43 may be transferred or suballocated to state agencies for administration
44 of the home energy assistance program.
45 § 92. Moneys appropriated in section 1 of the chapter of the laws of
46 2003 which enacts the education, labor and family assistance budget to
47 the office of temporary and disability assistance under the temporary
48 and disability assistance program from the special revenue funds -
49 federal / aid to localities, federal block grant fund - 269 for services
50 and expenses, including payments to public and private agencies and
51 individuals for the low income home energy assistance program provided
52 pursuant to the low income energy assistance act of 1981 may be trans-
53 ferred or suballocated subject to the approval of the director of the
54 budget, to other state agencies for services and expenses related to the
55 low income home energy assistance program.
S. 1406--B 326 A. 2106--B
1 Funds so appropriated shall be available for aid to municipalities and
2 for payments to the federal government for expenditures made pursuant to
3 social services law and the state plan for individual and family grant
4 program under the disaster relief act of 1974.
5 Notwithstanding any inconsistent provision of law, in lieu of payments
6 authorized by the social services law, or payments of federal funds
7 otherwise due to the local social services districts for programs
8 provided under the federal social security act or the federal food stamp
9 act, funds so appropriated, in amounts certified by the state commis-
10 sioner of temporary and disability assistance or the state commissioner
11 of health as due from local social services districts each month as
12 their share of payments made pursuant to section 367-b of the social
13 services law may be set aside by the state comptroller in an interest-
14 bearing account with such interest accruing to the credit of the locali-
15 ty in order to ensure the orderly and prompt payment of providers under
16 section 367-b of the social services law pursuant to an estimate
17 provided by the commissioner of health of each local social services
18 district's share of payments made pursuant to section 367-b of the
19 social services law.
20 Such funds are to be available for payment of aid heretofore accrued
21 or hereafter to accrue to municipalities. Subject to the approval of the
22 director of the budget, such funds shall be available to the department
23 of family assistance, office of temporary and disability assistance net
24 of disallowances, refunds, reimbursements, and credits including, but
25 not limited to, additional federal funds resulting from any changes in
26 federal cost allocation methodologies.
27 HIGHER EDUCATION SERVICES CORPORATION
28 § 93. Moneys appropriated in section 1 of the chapter of the laws of
29 2003 which enacts the education, labor and family assistance budget to
30 the higher education services corporation under the administration
31 program from the general fund / state operations, state purposes account
32 - 003, shall be available for services and expenses of administering
33 state grants and scholarships, notwithstanding any provision of law to
34 the contrary, no portion of such appropriation shall be available for
35 the payment of interest on federal student loans on behalf of student
36 borrowers ineligible to have such interest paid by the federal govern-
37 ment.
38 § 94. Of the moneys appropriated in section 1 of the chapter of the
39 laws of 2003 which enacts the education, labor and family assistance
40 budget to the higher education services corporation under the adminis-
41 tration program from the special revenue funds - other / state oper-
42 ations, miscellaneous special revenue fund - 339, state student finan-
43 cial aid audit account, notwithstanding any other law, rule or
44 regulation to the contrary, the comptroller is thereby authorized and
45 directed to receive for deposit $500,000 from the moneys received by the
46 higher education services corporation as repayments of past tuition
47 assistance program disbursements in accordance with audit disallowances.
48 Such moneys may be transferred to the office of the state comptroller
49 for services and expenses, including fringe benefits and indirect costs,
50 related to the enhanced audits of state student financial aid programs
51 pursuant to a plan prepared by the corporation in consultation with the
52 office of the state comptroller and approved by the director of the
53 budget.
S. 1406--B 327 A. 2106--B
1 § 95. Of moneys appropriated in section 1 of the chapter of the laws
2 of 2003 which enacts the education, labor and family assistance budget
3 to the higher education services corporation under the division of
4 grants and scholarships program from the general fund / state oper-
5 ations, state purposes account - 003, for services and expenses of state
6 grants and scholarships, no portion of such appropriation shall be
7 available for the payment of interest on federal loans on behalf of
8 students ineligible to have such payment paid by the federal government.
9 § 96. Moneys appropriated in section 1 of the chapter of the laws of
10 2003 which enacts the education, labor and family assistance budget to
11 the higher education services corporation under the division of guaran-
12 teed loan programs from the special revenue funds - federal / state
13 operations, federal department of education fund - 267, HESC - gaining
14 early awareness and reading for undergraduate programs (GEAR UP)
15 account, for services and expenses related to the administration for
16 GEAR UP, a portion of the amount appropriated therein may be suballo-
17 cated to the state education department for costs related to adminis-
18 tration of this program.
19 § 97. Moneys appropriated in section 1 of the chapter of the laws of
20 2003 which enacts the education, labor and family assistance budget to
21 the higher education services corporation under the student grant and
22 award programs from the general fund / aid to localities, local assist-
23 ance account - 001, shall be available:
24 (a) for tuition assistance awards provided to eligible students as
25 defined in section 667 of the education law and as further defined in
26 rules and regulations adopted by the regents upon the recommendation of
27 the commissioner of education and distributed in accordance with rules
28 and regulations adopted by the trustees of the higher education services
29 corporation upon the recommendation of the president and approval of the
30 director of the budget. The moneys thereby appropriated shall be avail-
31 able for expenses already accrued or to accrue and, upon approval of the
32 director of the budget, for suballocation to the federal department of
33 education fund appropriation of the state grant programs in order to
34 reduce state cost should additional federal assistance become available
35 in the 2003-04 state fiscal year.
36 Notwithstanding any other provision of law, during the fiscal year
37 commencing April 1, 2003, additional awards due and payable to eligible
38 students for accelerated study shall be deferred until October 1, 2004.
39 Such additional awards shall be adjusted on a pro rata basis pursuant to
40 section 667 of the education law.
41 Notwithstanding any other inconsistent provision of law, funds appro-
42 priated therein shall be made available for awards for the 2003-04
43 academic year pursuant to section 667 of the education law.
44 Notwithstanding any inconsistent provision of law, upon transfer or
45 suballocation from the special revenue funds - federal / aid to locali-
46 ties appropriation in the office of temporary and disability assistance,
47 the president of the corporation shall reduce funding available for
48 tuition assistance awards through such appropriation in an amount equiv-
49 alent to such transfer or suballocation and, upon their occurrence,
50 disbursements against such transferred or suballocated amount shall
51 immediately and equivalently reduce the amount appropriated therein, and
52 the portion of such appropriation so affected shall have no further
53 force or effect. Such reduction in appropriation for tuition assistance
54 awards shall be fully offset by the additional funding available through
55 such transfer or suballocation; provided, however, that to receive such
56 additional funding the president of the corporation shall participate in
S. 1406--B 328 A. 2106--B
1 data reporting that may be required by responsible state or federal
2 officials in the event of audit or to meet federal eligibility verifica-
3 tion requirements, and shall report semiannually to the commissioner of
4 the office of temporary and disability assistance on the number of
5 persons who are participating in the tuition assistance program who have
6 household incomes that do not exceed 200 percent of the federal poverty
7 level and who are citizens of the United States, and on the amount
8 expended on their behalf;
9 (b) for the payment of tuition awards to part-time students pursuant
10 to section 666 of the education law, as amended by chapter 947 of the
11 laws of 1990; and
12 (c) for the payment of scholarship awards and program grants. Notwith-
13 standing any other provision of law, no portion of such appropriation
14 shall be available for payment of regents college scholarships, regents
15 professional education in nursing scholarships, empire state challenger
16 scholarships for teachers, empire state challenger fellowships for
17 teachers, liberty scholarships, or empire state scholarships of excel-
18 lence. Notwithstanding any other provision of law, a portion of this
19 appropriation is available for scholarships for academic excellence,
20 regents professional opportunity scholarships or regents health care
21 opportunity scholarships for students who have not previously received
22 such awards. Notwithstanding any other provision of law, a portion of
23 such appropriation shall be available for the payment of interest on
24 federal loans on behalf of students ineligible to have such payment paid
25 by the federal government.
26 § 98. Moneys appropriated in section 1 of the chapter of the laws of
27 2003 which enacts the education, labor and family assistance budget to
28 the higher education services corporation under the student grant and
29 award programs from the special revenue funds - other / aid to locali-
30 ties, miscellaneous, special revenue fund - 339 volunteer service
31 recruitment account, shall be available for the payment of tuition bene-
32 fits provided to eligible members of volunteer fire companies and ambu-
33 lance service companies. The moneys so appropriated shall be available
34 for expenses already accrued or to accrue.
35 DEPARTMENT OF LABOR
36 § 99. Moneys appropriated in section 1 of the chapter of the laws of
37 2003 which enacts the education, labor and family assistance budget to
38 the department of labor under the administration program from the
39 special revenue funds - federal/state operations, unemployment insurance
40 administration fund - 480, shall be available:
41 (a) for federal grants during the period April 1, 2003 to September
42 30, 2003 including the federal year grant period October 1, 2002 to
43 September 30, 2003 and the program year grant periods July 1, 2002 to
44 June 30, 2003 and July 1, 2003 to June 30, 2004. The amount appropriated
45 shall be for services and expenses of administering unemployment insur-
46 ance programs, job service programs, job training partnership act
47 programs, workforce investment act programs, employability development
48 programs, other miscellaneous programs, and a reserve for unanticipated
49 funding, pursuant to federal grants and contracts. The amount appropri-
50 ated therein shall also include any moneys credited to the reemployment
51 service fund, created pursuant to chapter 589 of the laws of 1998, that
52 are transferred to the unemployment insurance administration fund as
53 costs are incurred for allowable services pursuant to chapter 589 of the
54 laws of 1998, and up to $17,200,000 made available to this state under
S. 1406--B 329 A. 2106--B
1 section 903 of the social security act as amended, to be used under the
2 direction of the New York state department of labor only to pay expenses
3 incurred by the state for the administration of the unemployment insur-
4 ance law and such moneys are not to be used for the payment of unemploy-
5 ment compensation or for the administration of state public employment
6 offices but may be used for the support of existing unemployment claims
7 offices. No moneys appropriated to the state under section 903 of the
8 social security act, as amended, may be obligated after the expiration
9 of the two year period beginning on the date of enactment of this act;
10 and
11 (b) for federal grants during the period October 1, 2003 to March 31,
12 2004 including the federal year grant period October 1, 2003 to Septem-
13 ber 30, 2004 and the program year grant period July 1, 2003 to June 30,
14 2004. The amount appropriated shall be for services and expenses of
15 administering unemployment insurance programs, job service programs, job
16 training partnership act programs, workforce investment act programs,
17 employability development programs, other miscellaneous programs, and a
18 reserve for unanticipated funding, pursuant to federal grants and
19 contracts. The amount appropriated therein shall also include any
20 moneys credited to the reemployment service fund, created pursuant to
21 chapter 589 of the laws of 1998, that are transferred to the unemploy-
22 ment insurance administration fund as costs are incurred for allowable
23 services pursuant to chapter 589 of the laws of 1998, and up to
24 $7,200,000 made available to this state under section 903 of the social
25 security act as amended, to be used under the direction of the New York
26 state department of labor only to pay expenses incurred by the state for
27 the administration of the unemployment insurance law and such moneys are
28 not to be used for the payment of unemployment compensation or for the
29 administration of state public employment offices but may be used for
30 the support of existing unemployment claims offices. No moneys appropri-
31 ated to the state under section 903 of the social security act, as
32 amended, may be obligated after the expiration of the two year period
33 beginning on the date of enactment of this act.
34 § 100. Moneys appropriated in section 1 of the chapter of the laws of
35 2003 which enacts the education, labor and family assistance budget to
36 the department of labor under the employment and training program from
37 the general fund / state operations, state purposes account - 003, for
38 maintenance undistributed, shall be available:
39 (a) for services and expenses heretofore accrued or hereafter to
40 accrue associated with the training of social services district staff in
41 welfare employment services including suballocation of the amount there-
42 in to the office of children and family services; and
43 (b) for services and expenses to pay fees ordered by a court resulting
44 from proceedings brought against the department in accordance with arti-
45 cle 86 of the civil practice law and rules.
46 § 101. Moneys appropriated in section 1 of the chapter of the laws of
47 2003 which enacts the education, labor and family assistance budget to
48 the department of labor under the employment and training program from
49 the special revenue funds - federal / state operations, federal health
50 and human services fund - 265, shall be available for services and
51 expenses of the green teams program for youth eligible for services
52 under the federal temporary assistance for needy families block grant.
53 § 102. Moneys appropriated in section 1 of the chapter of the laws of
54 2003 which enacts the education, labor and family assistance budget to
55 the department of labor under the employment and training program from
56 the special revenue funds - federal / aid to localities, federal health
S. 1406--B 330 A. 2106--B
1 and human services fund - 265, shall be available for services and
2 expenses of the temporary assistance for needy families block grant and
3 other eligible expenses, including state and local administrative
4 expenses pursuant to the federal social security act and federal
5 personal responsibility and work opportunity reconciliation act of 1996,
6 and chapter 436 of the laws of 1997 enacting comprehensive welfare
7 reform, provided that the director of the budget does not determine that
8 such use of funds can be expected to have the effect of increasing qual-
9 ified state expenditures under paragraph 7 of subdivision (a) of section
10 409 of the federal social security act above the minimum applicable
11 federal maintenance of effort requirement, for services and expenses
12 authorized by the provisions of such appropriation to be provided with-
13 out state or local financial participation; and for other services and
14 expenses, including transfer to other state agencies or federal block
15 grants, as specifically authorized by law. Notwithstanding any incon-
16 sistent provision of law, such reimbursement from such appropriation
17 shall be available only for costs that have been incurred on or after
18 December 2, 1996 unless the federal government specifically provides
19 additional reimbursement for costs incurred prior to such date through
20 grant awards other than those for programs operated under the federal
21 temporary assistance for needy families program block grant and, for
22 reimbursement of costs for federal fiscal years commencing October 1,
23 1996 and ending September 30, 2002, funds appropriated therein shall not
24 be used to provide the state or social services districts with federal
25 reimbursement in addition to that received prior to April 1, 2003 that
26 would increase the rate of federal financial participation in TANF-re-
27 lated costs subject to state-local matching, including those related to
28 the calculation or payment of maintenance of effort liabilities.
29 Funds appropriated therein shall be available for aid to munici-
30 palities and for payments to the federal government for expenditures
31 made pursuant to social services law and the state plan for individual
32 and family grant program under the disaster relief act of 1974.
33 Such funds are to be available for payment of aid heretofore accrued
34 or hereafter to accrue to municipalities. Subject to the approval of the
35 director of the budget, such funds shall be available to the department
36 net of disallowances, refunds, reimbursements, and credits including,
37 but not limited to, additional federal funds resulting from any changes
38 in federal cost allocation methodologies.
39 Notwithstanding any inconsistent provision of law, funds appropriated
40 therein shall be used to reimburse social services district expenditures
41 only to the extent that such reimbursement does not reduce combined
42 state-local liabilities below the minimum applicable percentage of the
43 federal maintenance of effort spending requirement as separately calcu-
44 lated by the commissioner, and approved by the director of the budget,
45 for the six month periods of April 1, 2003 through September 30, 2003
46 and October 1, 2003 through March 31, 2004.
47 Funds appropriated therein, subject to the approval of the director of
48 the budget and in accordance with a memorandum of understanding between
49 the office of temporary and disability assistance and the department
50 consistent with federal law and regulations, may be transferred or
51 suballocated to the office of temporary and disability assistance for
52 services and expenses related to employment services for public assist-
53 ance recipients. Subject to the approval of the director of the budget,
54 funds transferred or suballocated to the office of temporary and disa-
55 bility assistance may be used by the office of temporary and disability
56 assistance directly or, in accordance with a memorandum of understand-
S. 1406--B 331 A. 2106--B
1 ing, by other state agencies through direct charging of the office of
2 temporary and disability assistance appropriations as approved by the
3 office of temporary and disability assistance.
4 Subject to the approval of the director of the budget and the commis-
5 sioner, a portion of the amounts appropriated therein may be used by the
6 department or transferred or suballocated to the office of temporary and
7 disability assistance for payment of expenditures or obligations
8 incurred by the office of temporary and disability assistance, the
9 department or social services districts for job placement and retention
10 initiatives, employment services costs, or program operations.
11 Of the amounts appropriated therein, subject to the approval of the
12 director of the budget, up to $1,600,000 may be available, without state
13 or local financial participation, for services and expenses related to
14 the creation or continuation of displaced homemaker services. Such funds
15 may be used to provide displaced homemaker services to eligible individ-
16 uals and families whose incomes do not exceed 200 percent of the federal
17 poverty level, provided that such services to eligible persons not in
18 receipt of public assistance shall not constitute "assistance" under
19 applicable federal regulations, and may be used for state agency
20 contractors, aid to social services districts, or transfer or suballo-
21 cation to the office of temporary and disability assistance.
22 Notwithstanding any inconsistent provision of law, subject to the
23 approval of the commissioner of labor and the director of the budget, up
24 to $22,053,000 of the funds appropriated therein may be used without
25 local financial participation for costs associated with the BRIDGE and
26 EDGE programs, provided however, that, unless otherwise determined by
27 the director of the budget, the rate of state financial participation
28 shall be the same rates as required in the month immediately preceding
29 December 1996. Funds made available therein shall be used for services
30 to individuals and families who, upon determination of eligibility for
31 such programs, are receiving public assistance benefits under the state
32 plan for the temporary assistance for needy families block grant or
33 whose public assistance case includes a dependent child under the age of
34 18 or under the age of 19 if the child is attending secondary school and
35 is in receipt of safety net assistance; provided, however, that BRIDGE
36 and EDGE programs may allocate up to 80 percent of such funds to indi-
37 viduals and families not in receipt of public assistance but eligible
38 for other TANF benefits whose incomes do not exceed 200 percent of the
39 federal poverty level, provided that such services to eligible persons
40 not in receipt of public assistance shall not constitute "assistance"
41 under applicable federal regulations.
42 Of the amount appropriated therein, up to $9,500,000 without state or
43 local financial participation shall be used by the office of temporary
44 and disability assistance to reimburse personal and nonpersonal service
45 costs incurred by the department of labor for providing employment
46 services to eligible applicants for and recipients of public assistance
47 or individuals and families eligible for other benefits under the tempo-
48 rary assistance to needy families block grant whose incomes do not
49 exceed 200 percent of the federal poverty level, provided that such
50 services to eligible persons not in receipt of public assistance shall
51 not constitute "assistance" under applicable federal regulations.
52 Of the amounts appropriated therein, subject to the approval of the
53 director of the budget, up to $4,300,000 may be available, without any
54 requirement for state or local financial participation except as
55 required by section 42 of the labor law, related to the youth education,
56 employment and training program for economically disadvantaged in-school
S. 1406--B 332 A. 2106--B
1 and out-of-school youth eligible for services under the federal tempo-
2 rary assistance for needy families block grant including suballocation
3 to the state education department pursuant to a memorandum of agreement.
4 § 103. Moneys appropriated in section 1 of the chapter of the laws of
5 2003 which enacts the education, labor and family assistance budget to
6 the department of labor under the employment and training program from
7 the special revenue funds - federal / aid to localities, federal job
8 training partnership fund - 486, federal emergency employment act
9 account, shall be available:
10 (a) for the grant period July 1, 2002 to June 30, 2003, including
11 grants to other governmental units, community-based organizations, non-
12 profit and for profit organizations, and suballocations to state depart-
13 ments and agencies, for the administration and operation of employment
14 and training programs as funded by grants under the workforce investment
15 act, public law 105-220, according to the following:
16 (i) for services and expenses of adult employment and training local
17 workforce investment area programs,
18 (ii) for services and expenses of dislocated worker employment and
19 training local workforce investment area programs and statewide rapid
20 response activities,
21 (iii) for services and expenses of statewide activities including but
22 not limited to state administration and technical assistance to local
23 workforce investment areas. Of the moneys appropriated therein for
24 statewide activities, the state workforce investment board shall assist
25 the governor in developing programs and identifying activities to be
26 funded through the statewide reserve pursuant to section 134 of the
27 federal workforce investment act, PL 105-220, and the commissioner of
28 labor shall periodically report to the state workforce investment board
29 on such programs and activities which shall be developed giving consid-
30 eration to the strategic training alliance program and other existing
31 programs. Statewide employment and training activities may include one-
32 to-one business advisement and training for qualified enrollees of the
33 self-employment assistance program which may be operated by the State's
34 small business development centers or the entrepreneurial assistance
35 program, and
36 (iv) for services and expenses of federal fiscal year 2003 youth
37 employment and training local workforce investment area programs; and
38 (b) for the grant period July 1, 2003 to June 30, 2004, including
39 grants to other governmental units, community-based organizations, non-
40 profit and for profit organizations, and suballocations to state depart-
41 ments and agencies, for the administration and operation of employment
42 and training programs as funded by grants under the workforce investment
43 act, public law 105-220, according to the following:
44 (i) for services and expenses of adult employment and training local
45 workforce investment area programs,
46 (ii) for services and expenses of dislocated worker employment and
47 training local workforce investment area programs and statewide rapid
48 response activities,
49 (iii) for services and expenses of statewide activities including but
50 not limited to state administration and technical assistance to local
51 workforce investment areas. Of the moneys appropriated therein for
52 statewide activities, the state workforce investment board shall assist
53 the governor in developing programs and identifying activities to be
54 funded through the statewide reserve pursuant to section 134 of the
55 federal workforce investment act, PL 105-220, and the commissioner of
56 labor shall periodically report to the state workforce investment board
S. 1406--B 333 A. 2106--B
1 on such programs and activities which shall be developed giving consid-
2 eration to the strategic training alliance program and other existing
3 programs. Notwithstanding any inconsistent provision of law, of the
4 moneys appropriated therein for statewide activities, $2,400,000 shall
5 be made available for services and expenses of existing centers that are
6 part of the statewide displaced homemaker network. The department of
7 labor shall enter into an agreement with each center for services
8 provided to eligible displaced homemakers. Statewide employment and
9 training activities may include one-to-one business advisement and
10 training for qualified enrollees of the self-employment assistance
11 program which may be operated by the State's small business development
12 centers or the entrepreneurial assistance program;
13 (iv) for services and expenses of miscellaneous workforce investment
14 act, public law 105-220 national reserve grants and federally adminis-
15 tered programs,
16 (v) for services and expenses of federal fiscal year 2004 youth
17 employment and training local workforce investment area programs.
18 § 104. Notwithstanding any inconsistent provision of law, no funds
19 shall be allocated from the amount appropriated in section 1 of the
20 chapter of the laws of 2003 which enacts the education, labor and family
21 assistance budget to the department of labor under the employment and
22 training program from the special revenue funds - federal/aid to locali-
23 ties, federal job training partnership fund - 486, federal emergency
24 employment act account, for services and expenses of personal reemploy-
25 ment accounts, including state and local administration shall be made
26 available, until a memorandum of understanding is agreed to among the
27 governor, the majority leader of the senate and speaker of the assembly
28 or their respective designees.
29 § 105. Moneys appropriated in section 1 of the chapter of the laws of
30 2003 which enacts the education, labor and family assistance budget to
31 the department of labor under the employment and training program from
32 the special revenue funds - other / state operations, unemployment
33 insurance interest and penalty fund - 482, shall be available for
34 services and expenses of employment and training programs. Adminis-
35 tration of such funds shall include program monitoring, fiscal and
36 program auditing, contract processing, and interest payments on erro-
37 neously collected unemployment insurance employer taxes. If the director
38 of the budget determines that sufficient revenues are not available to
39 support such appropriation, the director shall proportionally reduce
40 expenditures for all of the following programs supported by such appro-
41 priation:
42 (a) services and expenses of the department of labor to operate
43 apprenticeship training programs and agreements;
44 (b) services and expenses of the department of labor and its contrac-
45 tors related to the displaced homemaker program to continue the opera-
46 tion of 25 displaced homemaker centers. Of the amount appropriated ther-
47 ein, no more than $637,000 shall be allocated to support annual program
48 administration costs including fringe benefits;
49 (c) services and expenses of the department of labor and its contrac-
50 tors to continue the same level of approved program activities for the
51 affirmative action programs funded in chapter 53 of the laws of 2001 for
52 Westchester, Putnam, Erie and Albany counties. Of the amount appropri-
53 ated therein, no more than $515,000 shall be allocated to support annual
54 program administration costs including fringe benefits. The department
55 of labor shall select a new qualified contractor who has demonstrated
56 experience administering successful affirmative action programs within
S. 1406--B 334 A. 2106--B
1 the same county to replace any contractor who elects not to participate
2 or is no longer able to participate in such program. If it is determined
3 that there is no qualified contractor within the county to implement any
4 approved program activities, the department of labor shall provide
5 certification of the determination to the division of the budget, and
6 any available funds shall be reallocated among remaining contractors;
7 (d) services and expenses of the department of labor to operate a
8 model worker assistance center based in the city of Utica and its
9 contractor the NYS AFL-CIO Workforce Development Institute, who will
10 provide a coordinated array of employment related and support services,
11 to include education and training for incumbent and dislocated workers,
12 community audits and skills assessment research, and technical assist-
13 ance to businesses, state and local governments throughout upstate New
14 York. Of such amount, $441,000 will be allocated to the NYS AFL-CIO
15 Workforce Development Institute;
16 (e) services and expenses of the department of labor and its contrac-
17 tors related to the chamber of commerce on-the-job training program. Of
18 the amount appropriated therein, no more than $162,000 shall be allo-
19 cated to support annual program administration costs including fringe
20 benefits;
21 (f) services and expenses of the department of labor and its contrac-
22 tors, and for suballocation to the department of health, related to the
23 health care worker training program including, but not limited to,
24 on-the-job training, apprenticeship training, tuition assistance support
25 services and supportive education; and
26 (g) services and expenses of the department of labor related to the
27 administration of the youth education, employment and training program
28 for economically disadvantaged youth, including program monitoring,
29 fiscal and program auditing, program evaluation, contract processing and
30 administration of related project grants.
31 § 106. Moneys appropriated in section 1 of the chapter of the laws of
32 2003 which enacts the education, labor and family assistance budget to
33 the department of labor under the labor standards program from the
34 special revenue funds - other / state operations, training and education
35 program on occupational safety and health fund - 305, OSHA-training and
36 education account, shall be available for services and expenses related
37 to labor standards program enforcement activities.
38 § 107. Moneys appropriated in section 1 of the chapter of the laws of
39 2003 which enacts the education, labor and family assistance budget to
40 the department of labor under the labor standards program from the
41 special revenue funds - other / state operations, miscellaneous special
42 revenue fund - 339, DOL-fee and penalty account, shall be available for
43 services and expenses related to labor standards program enforcement
44 activities.
45 § 108. Moneys appropriated in section 1 of the chapter of the laws of
46 2003 which enacts the education, labor and family assistance budget to
47 the department of labor under the labor standards program from the
48 special revenue funds - other / state operations, miscellaneous special
49 revenue fund - 339, BA-public work enforcement account, shall be avail-
50 able for services and expenses to implement chapter 511 of the laws of
51 1995 as amended by chapter 513 of the laws of 1997 and chapter 655 of
52 the laws of 1999.
53 § 109. Moneys appropriated in section 1 of the chapter of the laws of
54 2003 which enacts the education, labor and family assistance budget to
55 the department of labor under the occupational safety and health program
56 from the special revenue funds - other / state operations, training and
S. 1406--B 335 A. 2106--B
1 education program on occupational safety and health fund - 305, occupa-
2 tional safety and health inspection account, shall be available for
3 services and expenses related to occupational safety and health program
4 enforcement activities.
5 § 110. Moneys appropriated in section 1 of the chapter of the laws of
6 2003 which enacts the education, labor and family assistance budget to
7 the department of labor under the occupational safety and health program
8 from the special revenue funds - other / state operations training and
9 education program on occupational safety and health fund - 305,
10 OSHA-training and education account, shall be available for services and
11 expenses related to occupational safety and health program enforcement
12 activities.
13 § 111. Moneys appropriated in section 1 of the chapter of the laws of
14 2003 which enacts the education, labor and family assistance budget to
15 the department of labor under the occupational safety and health program
16 from the special revenue funds - other / state operations, miscellaneous
17 special revenue fund - 339, DOL - fee and penalty account, shall be
18 available for services and expenses related to occupational safety and
19 health program enforcement activities.
20 § 112. Moneys appropriated in section 1 of the chapter of the laws of
21 2003 which enacts the education, labor and family assistance budget to
22 the department of labor under the occupational safety and health program
23 from the special revenue funds - other/aid to localities, miscellaneous
24 special revenue fund - 339, hazard abatement account, shall be available
25 for payment of state aid to local governments pursuant to the provisions
26 of chapter 729 of the laws of 1980, as amended, for the purposes of
27 hazard abatement.
28 § 113. Moneys appropriated in section 1 of the chapter of the laws of
29 2003 which enacts the education, labor and family assistance budget to
30 the department of labor under the unemployment insurance benefit program
31 from the special revenue funds - federal / state operations, unemploy-
32 ment insurance occupational training fund - 484, shall be available:
33 (a) for the payment of expenses and allowances to authorized enrollees
34 under approved employment and training programs; and
35 (b) for individual and family grant payments made pursuant to the
36 federal disaster relief act of 1974, public law 93-288, for the period
37 April 1, 2003 to March 31, 2004.
38 § 114. Moneys appropriated in section 1 of the chapter of the laws of
39 2003 which enacts the education, labor and family assistance budget to
40 the department of labor under the unemployment insurance benefit program
41 from the fiduciary funds / state operations, unemployment insurance
42 benefit fund - 481, shall be available for payment of unemployment
43 insurance benefits pursuant to article 18 of the labor law or as author-
44 ized by the federal government through the disaster unemployment assist-
45 ance program.
46 § 115. Moneys appropriated in section 1 of the chapter of the laws of
47 2003 which enacts the education, labor and family assistance budget to
48 the department of labor under the unemployment insurance benefit program
49 from the special revenue funds - other / state operations, miscellaneous
50 special revenue fund - 339, interest assessment account, shall be avail-
51 able for payment of interest costs due on advances from the federal
52 unemployment account under title XII of the social security act (42 U.S.
53 code sections 1321-1324). Funds appropriated therein shall not be used
54 in whole or in part for any purpose or in any manner which would permit
55 substitution for, or reduction in, federal funds for unemployment insur-
S. 1406--B 336 A. 2106--B
1 ance administration or would cause the United States government to with-
2 hold any part of an administrative grant which would otherwise be made.
3 OFFICE OF REAL PROPERTY SERVICES
4 § 116. Moneys appropriated in section 1 of the chapter of the laws of
5 2003 which enacts the education, labor and family assistance budget to
6 the office of real property services under the policy and organizational
7 support services program from the general fund / state operations, state
8 purposes account - 003, for maintenance undistributed, shall be avail-
9 able for services and expenses of the school tax relief initiative
10 enacted by chapter 389 of the laws of 1997. Notwithstanding any other
11 law, rule or regulation to the contrary, a portion of such funds may be
12 suballocated to other state departments or agencies.
13 § 117. Moneys appropriated in section 1 of the chapter of the laws of
14 2003 which enacts the education, labor and family assistance budget to
15 the office of real property services under the policy and organizational
16 support services program from the general fund / aid to localities,
17 local assistance account - 001, shall be available:
18 (a) for state financial assistance for improvement of real property
19 tax administration pursuant to a plan submitted by the office of real
20 property services no later than 30 days following the enactment of the
21 state budget and approved by the division of the budget. Such financial
22 assistance shall include a minimum of $10,500,000 for payments pursuant
23 to section 1573 of the real property tax law, provided that, notwith-
24 standing any law, rule or regulation to the contrary, no grant awarded
25 to any individual assessing unit in any given year pursuant to subdivi-
26 sion 2 of section 1573 shall exceed $500,000; and up to $6,290,000 for
27 activities related to the implementation of the school tax relief initi-
28 ative enacted by chapter 389 of the laws of 1997. Notwithstanding any
29 provision of law to the contrary, the amount appropriated therein shall
30 represent fulfillment of the state's obligation for this purpose relat-
31 ing to all eligible assessment rolls completed in 2003 and shall not be
32 used to fulfill any portion of such obligation with respect to assess-
33 ment rolls completed prior to 2003; and a minimum of $4,700,000 shall be
34 available for payments to local governments pursuant to the rail infras-
35 tructure investment act of 2002.
36 (b) for state aid for reimbursement for assessor training. Notwith-
37 standing any provision of law to the contrary, the amount appropriated
38 therein shall represent fulfillment of the state's obligation for this
39 purpose.
40 § 118. Moneys appropriated in section 1 of the chapter of the laws of
41 2003 which enacts the education, labor and family assistance budget to
42 the office of real property services under the policy and organizational
43 support services program from the special revenue funds - other / state
44 operations, miscellaneous special revenue fund - 339, industrial and
45 utility service account, shall be available for services and expenses
46 related to the preparation of appraisals on special franchises, unit of
47 production values of oil and gas rights and assessment ceilings on rail-
48 road properties.
49 STATE UNIVERSITY OF NEW YORK
50 § 119. Notwithstanding any other provision of law, moneys appropriated
51 in section 1 of the chapter of the laws of 2003 which enacts the educa-
52 tion, labor and family assistance budget to the state university of New
S. 1406--B 337 A. 2106--B
1 York under general fund / state operations, from the state purposes
2 account - 003 for the purpose of subdivision 4 of section 355 of the
3 education law, the separate amounts so appropriated for doctoral and
4 health science campuses, state university colleges, state university
5 colleges of technology and agriculture, and state university statutory
6 and contract colleges shall be deemed to be amounts appropriated to
7 state-operated institutions and statutory or contract colleges and
8 amounts appropriated to individual state-operated institutions and stat-
9 utory and contract colleges shall be deemed to be amounts appropriated
10 for programs or purposes.
11 § 120. Moneys appropriated in section 1 of the chapter of the laws of
12 2003 which enacts the education, labor and family assistance budget to
13 the state university of New York under the programs for the educa-
14 tionally and economically disadvantaged from the general fund / state
15 operations, state purposes account - 003 for:
16 (a) educational opportunity programs, for services and expenses to
17 expand opportunities in institutions of higher learning for the educa-
18 tionally and economically disadvantaged in accordance with chapter 917
19 of the laws of 1970, shall be expended for educational opportunity
20 programs on state university campuses, a summer program and educational
21 opportunity programs in state university community colleges; and
22 (b) for services and expenses related to the operation of educational
23 opportunity centers including, but not limited to, necessary programs,
24 services, and financial assistance, for educationally and economically
25 disadvantaged adults, recipients of federal temporary assistance to
26 needy families (TANF) and out-of-school youth who have attained the age
27 of 16 years shall be expended provided that the state university of New
28 York shall ensure that the educational opportunity centers provide funds
29 for the purposes of establishing a BRIDGE program consistent with the
30 federal requirements for the federal temporary assistance to needy fami-
31 lies (TANF). For the purpose of this section, the term "economically
32 disadvantaged" shall be defined as set forth in regulations promulgated
33 by the state university.
34 § 121. Notwithstanding any other law, rule, or regulation to the
35 contrary, moneys appropriated in section 1 of the chapter of the laws of
36 2003 which enacts the education, labor and family assistance budget to
37 the state university of New York under community college operating
38 assistance from the general fund / aid to localities, local assistance
39 account - 001 for state financial assistance, net of disallowances, for
40 operating expenses, including funds required to reimburse base aid costs
41 for the 2003-04 academic year shall be expended pursuant to regulations
42 developed jointly with the city university trustees and approved by the
43 director of the budget and subject to the availability of appropriations
44 therefor and full funding for aidable community college enrollment for
45 the college fiscal years 2003-04 and thereafter as provided by this
46 section as such is determined by the operating aid formulas defined in
47 rules and regulations developed jointly by the boards of trustees of the
48 state and city universities and approved by the director of the budget
49 provided that local sponsors may use funds contained in reserves for
50 excess student revenue for operating support of a community college
51 program even though such expenditures may cause expenses and student
52 revenues to exceed one-third of the college's net operating budget for
53 the college fiscal year 2003-04 shall be expended provided that such
54 funds do not cause the college's revenues from the local sponsor's
55 contributions in aggregate to be less than the comparable amounts for
56 the previous community college fiscal year and further provided that
S. 1406--B 338 A. 2106--B
1 pursuant to standards and regulations of the state university trustees
2 and the city university trustees for the college fiscal year 2003-04,
3 community colleges may increase tuition and fees above that allowable
4 under current education law if such standards and regulations require
5 that in order to exceed the tuition limit otherwise set forth in the
6 education law, local sponsor contributions either in the aggregate or
7 for each full-time equivalent student shall be no less than the compara-
8 ble amounts for the previous community college fiscal year.
9 § 122. Moneys appropriated in section 1 of the chapter of the laws of
10 2003 which enacts the education, labor and family assistance budget to
11 the state university of New York under community college child care from
12 the general fund / aid to localities, local assistance account - 001
13 shall be available for services and expenses related to the establish-
14 ment, renovation, alteration, expansion, improvement or operation of
15 child care centers for the benefit of students at the community college
16 campuses of the state university of New York provided that matching
17 funds of at least 35 percent from nonstate sources be made available.
18 § 123. Up to $5,000,000 of the moneys appropriated in section 1 of the
19 chapter of the laws of 2003 which enacts the education, labor and family
20 assistance budget to the state university of New York under dormitory
21 income reimbursable from the special revenue funds - other / state oper-
22 ations, miscellaneous special revenue fund - 339, state university
23 dormitory income reimbursable account, maintenance undistributed for
24 services and expenses of state university dormitory operations may be
25 used for the payment of claims subject to self-insured retention pursu-
26 ant to liability insurance policies held by the dormitory authority of
27 the state of New York arising out of bodily injury or property damage
28 for which the state university of New York, the state of New York and
29 the dormitory authority of the state of New York might be liable, occur-
30 ring upon, in or about any projects covered by agreements between the
31 dormitory authority of the state of New York, state university of New
32 York, or state university construction fund, to be financed by a trans-
33 fer from the debt service fund - state university dormitory income fund.
34 § 124. Notwithstanding section 23 of the public lands law, expendi-
35 tures from moneys appropriated in section 1 of the chapter of the laws
36 of 2003 which enacts the education, labor and family assistance budget
37 to the state university of New York under general revenue offset from
38 the special revenue funds - other / state operations, state university
39 income fund - 345, state university revenue offset account for services
40 and expenses of state university operations as authorized in the state
41 university general fund operating schedule may include the proceeds
42 deposited from the sale of surplus state university property.
43 § 125. Notwithstanding any other law to the contrary, moneys appropri-
44 ated in section 1 of the chapter of the laws of 2003 which enacts the
45 education, labor and family assistance budget to the State University of
46 New York under the non-resident revenue offset from the special revenue
47 funds - other/state operations, state university income fund - 345,
48 state university revenue offset account for services and expenses of
49 state university operations resulting from additional non-resident
50 revenues as authorized in the state university general fund operating
51 schedule shall be utilized to limit any increases in tuition for non-re-
52 sident students.
53 § 126. Notwithstanding any other law to the contrary, $145,500,000 of
54 the moneys appropriated within section 1 of the chapter of laws of 2003
55 which enacts the education, labor and family assistance budget to the
56 State University of New York under general revenue offset from the
S. 1406--B 339 A. 2106--B
1 special revenue funds - other/state operations, state university income
2 fund - 345, state university revenue offset account for services and
3 expenses of state university operations as authorized in the state
4 university general fund operating schedule shall be utilized to limit
5 any increases in tuition for resident students.
6 § 127. Notwithstanding any other law to the contrary, moneys appropri-
7 ated in section 1 of the chapter of the laws of 2003 which enacts the
8 education, labor and family assistance budget to the state university of
9 New York under hospital income reimbursable from the special revenue
10 funds - other / state operations, state university income fund - 345,
11 state university hospitals income reimbursable account, Stony Brook
12 hospital for:
13 (a) fringe benefits shall not be decreased by interchange with any
14 other appropriation; and
15 (b) for transfer to the general debt service fund for hospital debt
16 service shall not be decreased by interchange with any other appropri-
17 ation and in accordance with section 4 of the state finance law, the
18 comptroller is authorized and directed to transfer such moneys for the
19 designated purposes upon the request of the director of the budget.
20 § 128. Notwithstanding any other law to the contrary, moneys appropri-
21 ated in section 1 of the chapter of the laws of 2003 which enacts the
22 education, labor and family assistance budget to the state university of
23 New York under hospital income reimbursable from the special revenue
24 funds - other / state operations, state university income fund - 345,
25 state university hospitals income reimbursable account, Brooklyn hospi-
26 tal for:
27 (a) fringe benefits shall not be decreased by interchange with any
28 other appropriation; and
29 (b) for transfer to the general debt service fund for hospital debt
30 service shall not be decreased by interchange with any other appropri-
31 ation and in accordance with section 4 of the state finance law, the
32 comptroller is authorized and directed to transfer such moneys for the
33 designated purposes upon the request of the director of the budget.
34 § 129. Notwithstanding any other law to the contrary, moneys appropri-
35 ated in section 1 of the chapter of the laws of 2003 which enacts the
36 education, labor and family assistance budget to the state university of
37 New York under hospital income reimbursable from the special revenue
38 funds - other/state operations, state university income fund - 345 state
39 university hospitals income reimbursable account, Syracuse hospital for:
40 (a) fringe benefits shall not be decreased by interchange with any
41 other appropriation; and
42 (b) for transfer to the general debt service fund for hospital debt
43 service shall not be decreased by interchange with any other appropri-
44 ation and in accordance with section 4 of the state finance law, the
45 comptroller is authorized and directed to transfer such moneys for the
46 designated purposes upon the request of the director of the budget.
47 § 130. Moneys appropriated in section 1 of the chapter of the laws of
48 2003 which enacts the education, labor and family assistance budget to
49 the state university of New York under tuition reimbursable from the
50 special revenue funds - other/state operations, state university income
51 fund - 345, SUNY tuition reimbursable account for services and expenses
52 of activities supported in whole or in part by tuition and related
53 academic fees shall be available for expenditure upon approval by the
54 director of the budget of an annual plan submitted by the university to
55 the director of the budget and the chairmen of the senate finance
S. 1406--B 340 A. 2106--B
1 committee and the assembly ways and means committee on or before August
2 1, 2003.
3 § 131. Moneys appropriated in section 1 of the chapter of the laws of
4 2003 which enacts the education, labor and family assistance budget to
5 the state university of New York under the general maintenance and
6 improvements (CCP) from the capital projects fund, program improvement
7 or program change purpose, for alterations and improvements for projects
8 university-wide including services and expenses; minor rehabilitation
9 and improvement; new facilities including costs incurred prior to April
10 1, 2003 subject to a plan developed by the state university and approved
11 by the director of the budget.
12 § 132. Moneys appropriated in section 1 of the chapter of the laws of
13 2003 which enacts the education, labor and family assistance budget to
14 the state university of New York under the general maintenance and
15 improvements (CCP) from the capital projects fund, program improvement
16 or program change purpose, for campus-wide critical maintenance or capi-
17 tal improvement costs attributable to executive order 111; ADA and code
18 compliance; claims; environmental hazards; emergencies; health and safe-
19 ty, and energy conservation needs; asbestos and PCB remediation; fire
20 alarms, sprinklers, electrical distribution and heating and cooling
21 system requirements; and other similar campus-wide and system-wide
22 needs.
23 § 133. Moneys appropriated in section 1 of the chapter of the laws of
24 2003 which enacts the education, labor and family assistance budget to
25 the state university of New York under the state university capital
26 projects fund - 384(CCP) from the state university capital projects fund
27 - 384, administration purpose for alterations and improvements for
28 projects university-wide including services and expenses and new facili-
29 ties which may include revenue transfer from various external revenue
30 sources and the payment of liabilities incurred prior to April 1, 2003
31 subject to a plan developed by the state university and approved by the
32 director of the budget (28080350).
33 ALL STATE DEPARTMENTS AND AGENCIES NATIONAL AND COMMUNITY SERVICE
34 § 134. Notwithstanding any other law to the contrary, moneys appropri-
35 ated in section 1 of the chapter of the laws of 2003 which enacts the
36 education, labor and family assistance budget to the state university of
37 New York under the state university residence hall rehabilitation fund -
38 074(CCP) from the state university residence hall rehabilitation fund -
39 074, preservation of facilities purpose for alterations and improvements
40 for residence hall rehabilitation projects and for residence hall reno-
41 vations, including services an expenses, to be financed by a transfer
42 from the debt service fund state university dormitory income fund - 330
43 or other external revenue sources shall be subject to a plan developed
44 by the state university and approved by the director of the budget and
45 all or a portion of the amounts hereby appropriated may be transferred
46 to the dormitory authority for such purposes (28D30303).
47 § 135. Moneys appropriated in section 1 of the chapter of the laws of
48 2003 which enacts the education, labor and family assistance budget to
49 the state university of New York under the general maintenance and
50 improvements (CCP) from the capital projects fund program improvement or
51 program change purpose to advance for alterations and improvements to
52 various facilities including services and expenses, capital design,
53 construction, acquisition, reconstruction, rehabilitation and equipment;
54 for health and safety, preservation of facilities, new facilities,
S. 1406--B 341 A. 2106--B
1 program improvement or program change, technology, environmental,
2 protection, energy conservation, accreditation, facilities for the phys-
3 ically disabled and related projects including costs incurred prior to
4 April 1, 2003 shall be subject to a plan developed by the state univer-
5 sity and approved by the director of the budget (28F80308).
6 § 136. Moneys appropriated in section 1 of the chapter of the laws of
7 2003 which enacts the education, labor and family assistance budget to
8 the state university of New York under the general maintenance and
9 improvements (CCP) from the capital projects fund, program improvement
10 or program change purpose to advance to SUNY facilities for matching
11 funds for alterations, improvements and new facilities shall be subject
12 to a plan developed by the state university and approved by the director
13 of the budget (28FM0308).
14 § 137. Moneys appropriated in section 1 of the chapter of the laws of
15 2003 which enacts the education, labor and family assistance budget to
16 the state university of New York under the state university residence
17 hall rehabilitation fund - 074 (CCP) from the state university residence
18 hall rehabilitation fund - 074, preservation of facilities purpose to
19 advance for alterations, improvements and new construction for residence
20 hall projects, including personal service costs to be financed by the
21 issuance of State University Dormitory's Facility Bonds or other
22 external revenue sources shall be subject to a plan developed by the
23 state university and approved by the director of the budget (28DC0303).
24 § 138. Moneys appropriated in section 1 of the chapter of the laws of
25 2003 which enacts the education, labor and family assistance budget to
26 the state university of New York under the general maintenance and
27 improvements (CCP) from the capital projects fund administration
28 purpose, for state financial assistance to community colleges for alter-
29 ations and improvements to various facilities including services and
30 expenses, capital design, construction, acquisition, reconstruction,
31 rehabilitation and equipment; for health and safety, preservation of
32 facilities, new facilities, program improvement or program change, envi-
33 ronmental protection, energy conservation, accreditation, facilities for
34 the physically disabled, and related projects including costs incurred
35 prior to April 1, 2003 shall be subject to a plan developed by the state
36 university and approved by the director of the budget (28RC0350).
37 § 139. Moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the education, labor and family assistance budget to
39 the state university of New York under the general maintenance and
40 improvements (CCP) from the capital projects fund for state financial
41 assistance to community colleges for alterations and improvements for
42 technology including costs incurred prior to April 1, 2003 shall be
43 subject to a plan developed by the state university and approved by the
44 director of the budget (28RT0350).
45 § 140. Moneys appropriated in section 1 of the chapter of the laws of
46 2003 which enacts the education, labor and family assistance budget to
47 the state university of New York under the general maintenance and
48 improvements (CCP) from the capital projects fund, administration
49 purpose for an advance for state financial assistance to community
50 colleges for alterations and improvements to various facilities includ-
51 ing capital design, construction, acquisition, reconstruction, rehabili-
52 tation, equipment and personal service costs; for health and safety,
53 preservation of facilities, new facilities, program improvement or
54 program change, environmental protection, energy conservation, accredi-
55 tation, facilities for the physically disabled, and related projects
56 including costs incurred prior to April 1, 2003 shall be subject to a
S. 1406--B 342 A. 2106--B
1 plan developed by the state university and approved by the director of
2 the budget (28FC0350).
3 PART O2
4 Section 1. (Intentionally omitted)
5 OFFICE FOR THE AGING
6 § 2. No expenditures of moneys appropriated in section 1 of the chap-
7 ter of the laws of 2003 which enacts the health and mental hygiene budg-
8 et to the office for the aging under the community services program from
9 the general fund / aid to localities, local assistance account - 001,
10 for:
11 (a) services and expenses, including the payment of liabilities
12 incurred prior to April 1, 2003, related to the community services
13 elderly grant program shall be made until the director of the budget has
14 approved a plan submitted by the office for the aging outlining the
15 amounts and purposes of such expenditures and the allocation of funds
16 among the counties. Notwithstanding any provision of law, rule or regu-
17 lation to the contrary, subject to the approval of the director of the
18 budget, funds so appropriated for the community services for the elderly
19 program (CSE) and the expanded in-home services for the elderly program
20 (EISEP) may be used in accordance with a waiver or reduction in county
21 maintenance of effort requirements established pursuant to section 541
22 of the executive law, except for base year expenditures. To the extent
23 that funds so appropriated are sufficient to exceed the per capita limit
24 established in section 541 of the executive law, the excess funds shall
25 be available to supplement the existing per capita level in a uniform
26 manner consistent with statutory allocations;
27 (b) additional services and expenses related to the community services
28 for the elderly program. Notwithstanding any provision of law, rule or
29 regulation to the contrary, these funds shall be allocated to the area
30 agencies on aging to restore one-third of any decreased allocations
31 which would otherwise have occurred due to population shifts measured as
32 part of the 2000 census;
33 (c) services and expenses related to the congregate services initi-
34 ative shall be made until the director of the budget has approved a plan
35 submitted by the office for the aging outlining the amounts and purposes
36 of such expenditures and the allocation of funds among the counties;
37 (d) planning an implementation, including the payment of liabilities
38 incurred prior to April 1, 2003, of a program of expanded in-home, case
39 management and ancillary community services for the elderly (EISEP)
40 shall be made until the director of the budget has approved a plan
41 submitted by the office for the aging outlining the amounts and purposes
42 of such expenditures and the allocation of funds among the counties by
43 such office for the aging and counties, including the city of New York;
44 (e) additional services and expenses related to the expanded in-home
45 services for the elderly program. Notwithstanding any provision of law,
46 rule or regulation to the contrary, these funds shall be allocated to
47 the area agencies on aging to restore one-third of any decreased allo-
48 cations which would otherwise have occurred due to population shifts
49 measured as part of the 2000 census; and
50 (f) services and expenses, including the payment of liabilities
51 incurred prior to April 1, 2003, associated with the supplemental nutri-
52 tion assistance program (SNAP), including a suballocation to the depart-
S. 1406--B 343 A. 2106--B
1 ment of agriculture and markets for the food coupon program, shall be
2 made until the director of the budget has approved a plan submitted by
3 the office outlining the amounts and purpose of such expenditures and
4 the allocation of funds among the counties.
5 DEPARTMENT OF HEALTH
6 § 3. Of the moneys appropriated in section 1 of the chapter of the
7 laws of 2003 which enacts the health and mental hygiene budget to the
8 department of health under the administration and executive direction
9 program from the general fund / aid to localities, local assistance
10 account - 001, for services and expenses of the office of minority
11 health including competitive grants to promote community strategic plan-
12 ning or new or improved health care delivery systems and networks in
13 minority areas, up to $102,000 may be transferred to state operations
14 for administration.
15 § 4. Notwithstanding any inconsistent provision of law, and subject to
16 the approval of the director of the budget, moneys appropriated in
17 section 1 of the chapter of the laws of 2003 which enacts the health and
18 mental hygiene budget to the department of health under the adminis-
19 tration and executive direction program from the special revenue funds -
20 federal / state operations, federal health and human services fund - 265
21 for administration of the national health services corps, may be subal-
22 located to the higher education services corporation.
23 § 5. Of the moneys appropriated in section 1 of the chapter of the
24 laws of 2003 which enacts the health and mental hygiene budget to the
25 department of health under the administration and executive direction
26 program from the special revenue funds - other / state operations,
27 miscellaneous special revenue fund - 339, health occupation development
28 and workplace demo account, for services and expenses related to admin-
29 istration of the health occupation development and workplace demon-
30 stration program established pursuant to sections 2807-g and 2807-h of
31 the public health law, up to 50 percent thereof may be suballocated to
32 the department of labor.
33 § 6. Notwithstanding any other provision of law, moneys appropriated
34 in section 1 of the chapter of the laws of 2003 which enacts the health
35 and mental hygiene budget to the department of health under the adminis-
36 tration and executive direction program from the fiduciary funds / state
37 operations, combined expendable trust fund - 020, technology transfer
38 account, for services and expenses related to the department of health's
39 patent and technology transfer program, may be used for payments to
40 Health Research, Inc. as reimbursement for expenses incurred in its
41 patent and technology transfer operations, to support research, train-
42 ing, and infrastructure development in the department's research facili-
43 ties, and for payments to inventors. The moneys so appropriated shall
44 be available for liabilities heretofore and hereafter to accrue. The
45 department of health may receive and deposit revenue from the sale and
46 licensing of inventions pursuant to a technology and patent transfer
47 policy established in accordance with section 64-a of the public offi-
48 cers law.
49 § 7. For moneys appropriated in section 1 of the chapter of the laws
50 of 2003 which enacts the health and mental hygiene budget to the depart-
51 ment of health under the aids institute program from the special revenue
52 funds - other / aid to localities, HCRA transfer fund - 061, health care
53 services account, for:
S. 1406--B 344 A. 2106--B
1 (a) grants to community service programs including but not limited to
2 community based organizations and other organizations providing special-
3 ized AIDS - related services targeted to minority and other high risk
4 populations, up to $125,000 may be transferred to the general fund -
5 state purposes account for the administration of such program;
6 (b) additional grants to existing community service programs to meet
7 the increased demands for HIV education, prevention, outreach, legal and
8 supportive services to high-risk groups and to address increased operat-
9 ing costs of these programs, such grants shall be equitably distributed;
10 (c) services and expenses of the Long Island association for AIDS care
11 to conduct a study, such monies shall be used to (1) identify the
12 medical and social service gaps for children orphaned by AIDS on Long
13 Island, as well as strategies to link families with AIDS with community
14 services in order to plan for future care needs of their children, and
15 (2) develop innovative comprehensive model service programs for such
16 children;
17 (d) services and expenses of a pilot surveillance project for investi-
18 gation of reported AIDS cases by county health departments as such
19 monies shall be authorized by the commissioner of health;
20 (e) grants to community based organizations for the provision of
21 services to parolees and their families, up to $730,000 of such monies
22 may be transferred to the general fund - state purposes account for
23 administration of this program;
24 (f) HIV counseling and testing services in facilities operated by the
25 New York state department of corrections, all or part of such monies may
26 be transferred to the general fund - state purposes account for adminis-
27 tration of this program;
28 (g) grants for the provision of comprehensive HIV prevention and
29 health care services to high-risk adolescents and young adults, up to 5
30 percent of such monies may be transferred to the general fund - state
31 purposes account for the administration of this program;
32 (h) grants for housing, supported housing and referral services for
33 homeless persons with HIV/AIDS and their families, including those with
34 tuberculosis or if warranted those with tuberculosis only, such grants
35 shall be available in areas as determined by data collected by the
36 department of health;
37 (i) grants to community based organizations to support permanency
38 planning and support services for families affected by HIV, up to 5
39 percent of such monies may be transferred to the general fund - state
40 purposes account for the administration of this program;
41 (j) grants to community based organizations and for services and
42 expenses of the AIDS institute related to the provision of HIV education
43 and prevention services, up to 10 percent of such monies may be trans-
44 ferred to the general fund - state purposes account for administration
45 of such program;
46 (k) services and expenses of surveillance projects for investigation
47 of reported AIDS cases, including seroprevalence studies, such monies
48 shall be authorized by the commissioner of health;
49 (l) grants for AIDS prevention and education and AIDS related services
50 to community based organizations and to article 28 of the public health
51 law diagnostic and treatment centers, eligible organizations and treat-
52 ment centers must (1) operate in a neighborhood or geographic area with
53 high concentrations of at risk populations; and (2) provide services and
54 programs that are culturally sensitive to the special social and
55 cultural needs of the at risk populations;
S. 1406--B 345 A. 2106--B
1 (m) additional grants to existing community based organizations and to
2 article 28 of the public health law diagnostic and treatment centers
3 that must operate in a neighborhood or geographic area with high concen-
4 trations of at risk populations and provide services and programs that
5 are culturally sensitive to the special social and cultural needs of the
6 at risk populations, such grants shall be used to meet the increased
7 demands for HIV education, prevention, outreach, and legal programs, and
8 such grants shall be equitably distributed;
9 (n) grants for the provision of primary health care services in drug
10 treatment programs, up to $800,000 of such monies can be used for
11 services targeted to substance abusers at risk of becoming intravenous
12 drug users, and up to 5 percent of such monies may be transferred to the
13 general fund - state purposes account for the administration of this
14 program;
15 (o) services and expenses relating to the provision of HIV counseling
16 and testing by family planning clinics and prenatal care assistance
17 programs, to the extent that reimbursement through medical assistance is
18 not available, such funds shall not be used by the department for any
19 costs directly related to the processing of tests; and
20 (p) grants for the development of women's HIV clinics to provide
21 comprehensive obstetrical/gynecological services and for grants to
22 health care facilities and community organizations for the provisions of
23 primary care, subspecialty care and supportive services to HIV-infected
24 women and children in underserved, high seroprevalence areas, up to 5
25 percent of such monies may be transferred to the general fund - state
26 purposes account for the administration of this program.
27 § 8. Of the moneys appropriated in section 1 of the chapter of the
28 laws of 2003 which enacts the health and mental hygiene budget to the
29 department of health under the aids institute program from the special
30 revenue funds - other / aid to localities, miscellaneous special revenue
31 fund - 339, hospital based grants program account:
32 (a) for services and expenses of an HIV and substance abuse fellowship
33 program to encourage physicians and nurses to work in clinical settings
34 providing care and treatment to persons with HIV infection, including
35 but not limited to designated care centers, community health centers,
36 hospital outpatient clinics, substance abuse treatment programs, mental
37 health clinics, family planning and prenatal clinics, for training in
38 diagnosis and management of HIV illness and substance abuse treatment,
39 up to 5 percent thereof may be transferred to the general fund - state
40 purposes account for administration of such program; and
41 (b) for grants for the provision of primary health care services in
42 drug treatment programs, up to 5 percent of thereof may be transferred
43 to the general fund - state purposes account.
44 § 9. Of the moneys appropriated in section 1 of the chapter of the
45 laws of 2003 which enacts the health and mental hygiene budget to the
46 department of health under the aids institute program from the special
47 revenue funds - other / aid to localities, miscellaneous special revenue
48 fund - 339, maternal and child HIV services account, for services and
49 expenses related to the special program for HIV services for infants and
50 pregnant women established pursuant to section 71 of chapter 731 of the
51 laws of 1993, up to 5 percent thereof may be transferred to the general
52 fund - state purposes account for administration of such program.
53 § 10. With regard to the moneys appropriated in section 1 of the chap-
54 ter of the laws of 2003 which enacts the health and mental hygiene budg-
55 et to the department of health under the center for community health
S. 1406--B 346 A. 2106--B
1 program from the general fund / aid to localities, local assistance
2 account - 001:
3 (a) for state aid to municipalities for the operation of local health
4 departments and laboratories and for the provision of general public
5 health services pursuant to article 6 of the public health law for
6 activities under the jurisdiction of the commissioner of health,
7 notwithstanding any other provision of article 6 of the public health
8 law, a county may obtain reimbursement pursuant to such chapter, only
9 after the county chief financial officer certifies, in the municipal
10 health services plan, that county tax levies used to fund services
11 carried out by the county health department have not been added to or
12 supplanted directly or indirectly by any funds obtained by the county
13 pursuant to the Master Settlement Agreement entered into on November 23,
14 1998 by the state and leading United States tobacco product manufactur-
15 ers, except in the case of a public health emergency, as determined by
16 the commissioner of health. Notwithstanding annual aggregate limits for
17 bad debt and charity care allowances and any other provision of law, up
18 to $1,700,000 of such moneys shall be transferred to the medical assist-
19 ance program general fund - local assistance account for eligible
20 publicly sponsored certified home health agencies that demonstrate loss-
21 es from a disproportionate share of bad debt and charity care, pursuant
22 to chapter 884 of the laws of 1990. Within the maximum limits specified
23 herein, the department shall transfer only those funds which are neces-
24 sary to meet the state share requirements for disproportionate share
25 adjustments expected to be paid for the period January 1, 2003 through
26 December 31, 2003. Such moneys shall be available for payment of finan-
27 cial assistance heretofore accrued;
28 (b) for grants to community based organizations, in accordance with
29 chapter 820 of the laws of 1987, for nutrition outreach in areas where a
30 significant percentage or number of those potentially eligible for food
31 assistance programs are not participating in such programs, a portion
32 thereof, not to exceed $600,000 shall be suballocated to the office of
33 temporary and disability assistance. Up to 15 percent of such funds may
34 be allocated to fund a program of nutrition outreach as established
35 pursuant to section 2597 of the public health law if such a program is
36 administered through a contract arrangement;
37 (c) for services and expenses related to providing nutritional
38 services and to provide nutritional education to pregnant women,
39 infants, and children, including suballocations to the department of
40 agriculture and markets for the farmer's market nutrition program and
41 migrant worker services and the office of temporary and disability
42 assistance for prenatal care assistance program activities, up to 5
43 percent thereof may be transferred to the general fund - state purposes
44 account for the administration of such program by the department of
45 health. Notwithstanding any other provision of law, the amount so appro-
46 priated may be increased or decreased through interchange with any other
47 general fund - local assistance account appropriation with the approval
48 of the director of the budget, who shall file copies thereof with the
49 state comptroller and with the chairmen of the senate finance and assem-
50 bly ways and means committees;
51 (d) for services and expenses, including operating expenses related to
52 providing nutritional services and nutrition education for hunger
53 prevention and nutrition assistance, up to 5 percent thereof may be
54 transferred to the general fund - state purposes account for the admin-
55 istration of such program by the department of health;
S. 1406--B 347 A. 2106--B
1 (e) for services and expenses of a rabies program, including but not
2 limited to reimbursement to counties for rabies expenses such as human
3 post-exposure vaccination, and research studies in the control of wild-
4 life rabies, pursuant to United States department of agriculture
5 approval if necessary, to control the spread of rabies;
6 (f) for grants to rape crisis centers for services to rape victims and
7 programs to prevent rape, up to 5 percent thereof may be transferred to
8 the general fund - state purposes account for the administration of such
9 program;
10 (g) for state grants for a program of family planning services pursu-
11 ant to article 2 of the public health law, up to $180,000 thereof may be
12 transferred to the general fund - state purposes account for the admin-
13 istration of such program;
14 (h) for services and expenses to implement the lead poisoning
15 prevention act of 1992, including funding to local health departments to
16 meet increased needs for education, screening and follow-up including a
17 suballocation to the office of temporary and disability assistance;
18 (i) for services and expenses including payment of health insurance
19 premiums and reimbursement of health care providers for services
20 rendered to individuals enrolled in the cystic fibrosis program pursuant
21 to chapter 851 of the laws of 1987;
22 (j) for services and expenses to implement the early intervention
23 program act of 1992, shall be available for payment of financial assist-
24 ance heretofore accrued or hereafter to accrue; and
25 (k) for services and expenses related to public health education and
26 awareness activities, notwithstanding any other provision of law to the
27 contrary, all or part thereof may be transferred to the general fund -
28 state purposes account for the administration of this program.
29 § 11. Moneys appropriated in section 1 of the chapter of the laws of
30 2003 which enacts the health and mental hygiene budget to the department
31 of health under the center for community health program from the special
32 revenue funds - federal/aid to localities, federal USDA-food and nutri-
33 tion services fund - 261, federal food and nutrition services account
34 for various federal food and nutritional services shall be available for
35 payment of financial assistance heretofore accrued.
36 § 12. Moneys appropriated in section 1 of the chapter of the laws of
37 2003 which enacts the health and mental hygiene budget to the department
38 of health under the center for community health program from the special
39 revenue funds - other / aid to localities, HCRA transfer fund - 061,
40 health care services account, for:
41 (a) services and expenses of a statewide public health campaign for
42 tuberculosis control and prevention and for screening and education
43 activities regarding sexually transmitted diseases, provided that any
44 funds allocated under such section shall not supplant existing local
45 funds or state funds allocated to county health departments under arti-
46 cle 6 of the public health law, up to $300,000 of such moneys may be
47 transferred to the general fund - state purposes account for the admin-
48 istration of this program by the department of health;
49 (b) services and expenses related to the Indian health program shall
50 be for payment of financial assistance heretofore accrued or hereafter
51 to accrue;
52 (c) services and expenses of the prenatal care assistance program, up
53 to 100 percent of such moneys may be suballocated to the medical assist-
54 ance program general fund - local assistance account to be matched by
55 federal funds;
S. 1406--B 348 A. 2106--B
1 (d) state grants for the breast cancer detection and education program
2 pursuant to chapter 328 of the laws of 1989 as amended, which may
3 include coverage of geographic areas not presently covered by the
4 program where the need for such services is demonstrated, up to $110,000
5 of such moneys may be transferred to state operations for administration
6 of this program; and
7 (e) services and expenses related to tobacco enforcement, education
8 and related activities, pursuant to chapter 433 of the laws of 1997, up
9 to $500,000 of such moneys may be used for educational programs. A
10 portion of such appropriation may be transferred to state operations.
11 § 13. Moneys appropriated in section 1 of the chapter of the laws of
12 2003 which enacts the health and mental hygiene budget to the department
13 of health under the center for community health program from the special
14 revenue funds - other / aid to localities, miscellaneous special revenue
15 fund - 339, hospital based grants program account, for services and
16 expenses related to providing nutritional services to pregnant women,
17 infants, and children, notwithstanding any other provision of law to the
18 contrary, up to 5 percent of such moneys may be transferred to the
19 general fund - state purposes account for the administration of this
20 program by the department of health.
21 § 14. Notwithstanding section 607 of the public health law, moneys
22 appropriated in section 1 of the chapter of the laws of 2003 which
23 enacts the health and mental hygiene budget to the department of health
24 under the center for community health program from the special revenue
25 funds - other / aid to localities, miscellaneous special revenue fund -
26 339, local public health services account, for services and expenses of
27 the local public health services program, shall be allocated for state
28 aid to municipalities for a program of immunization against German
29 measles, and other communicable diseases, pursuant to article 6 of the
30 public health law.
31 § 15. Notwithstanding any other provision of law to the contrary,
32 moneys appropriated in section 1 of the chapter of the laws of 2003
33 which enacts the health and mental hygiene budget to the department of
34 health under the center for community health program from the special
35 revenue fund - other / aid to localities, miscellaneous special revenue
36 fund - 339, local public health services account:
37 (a) shall be available for transfer to the state operations miscella-
38 neous special revenue fund - local public health services program
39 account, in the administration and executive direction program fiscal
40 management group; and
41 (b) shall be available for contractual audits of localities to supple-
42 ment the audits performed by the department of health.
43 § 16. Moneys appropriated in section 1 of the chapter of the laws of
44 2003 which enacts the health and mental hygiene budget to the department
45 of health under the center for environmental health program from the
46 special revenue funds - other / state operations, miscellaneous special
47 revenue fund - 339, occupational health clinics account, for services
48 and expenses of implementing and operating a statewide network of occu-
49 pational health clinics for diagnostic, screening, treatment, referral,
50 and education services shall be subject to a prorated three percent
51 annual increase in grant amounts to occupational health clinics which
52 shall be effective on and after December 1, 2002 and is to be used to
53 promote the recruitment and retention of staff. Each occupational health
54 clinic within the statewide network receiving such increase shall
55 submit, in such form and at such time as the commissioner of health
56 shall prescribe, an attestation of how such funding will be or was used
S. 1406--B 349 A. 2106--B
1 to promote the recruitment and retention of staff during the 2002-03
2 state fiscal year.
3 § 17. Moneys appropriated in section 1 of the chapter of the laws of
4 2003 which enacts the health and mental hygiene budget to the department
5 of health under the child health insurance program, from the special
6 revenue funds - federal / state operations, federal health and human
7 services fund - 265, children's health insurance account, for payment of
8 aid heretofore accrued or hereafter accrued, for services and expenses
9 related to the children's health insurance program provided pursuant to
10 title XXI of the federal social security act shall be available for
11 payment of aid heretofore accrued or hereafter accrued to munici-
12 palities.
13 Notwithstanding any inconsistent provision of law and subject to a
14 plan developed by the commissioner of health and approved by the direc-
15 tor of the budget, local social services districts shall be reimbursed
16 for additional administrative costs incurred for recipient and applicant
17 eligibility and other administrative costs related to the expansion of,
18 or changes to, the medical assistance program for children under the age
19 of 19 pursuant to P.L. 105-33 or chapter 2 of the laws of 1998. Such
20 reimbursement shall be made without any local share of costs. Such
21 reimbursement shall not be subject to any aggregate statewide reimburse-
22 ment limit which may otherwise limit reimbursement for the administra-
23 tive costs of the local social services districts, provided, however,
24 such reimbursement shall be subject to the limitation on certain
25 payments for certain expenditures set forth in subsection (c) of section
26 2105 of the federal social security act.
27 § 18. Notwithstanding any inconsistent provision of law and subject
28 to the approval of the director of the budget, moneys appropriated in
29 section 1 of the chapter of the laws of 2003 which enacts the health and
30 mental hygiene budget to the department of health under the child health
31 insurance program, from the special revenue funds - federal / aid to
32 localities, federal health and human services fund - 265, children's
33 health insurance account, for payment of aid heretofore accrued or here-
34 after accrued, for services and expenses related to the children's
35 health insurance program, pursuant to title XXI of the federal social
36 security act. Notwithstanding any inconsistent provision of law and
37 subject to the approval of the director of budget, such moneys may be
38 transferred to the medical assistance program, medicaid direct account,
39 for expansions of or changes to the medical assistance program related
40 to children under the age of 19 pursuant to P.L. 105-33.
41 The money so appropriated shall be available for payment of aid here-
42 tofore accrued or hereafter accrued to municipalities.
43 Notwithstanding any inconsistent provision of law and subject to the
44 approval of the director of the budget, moneys so appropriated may be
45 transferred to the office of temporary and disability assistance for
46 payment of local administrative costs related to the expansion of, or
47 changes to, the medical assistance program related to children under the
48 age of 19 pursuant to P.L. 105-33 or chapter 2 of the laws of 1998.
49 Notwithstanding any inconsistent provision of law and subject to a
50 plan developed by the commissioner of health and approved by the direc-
51 tor of the budget, local social services districts shall be reimbursed
52 for additional administrative costs incurred for recipient and applicant
53 eligibility and other administrative costs related to the expansion of,
54 or changes to, the medical assistance program for children under the age
55 of 19 pursuant to P.L. 105-33 or chapter 2 of the laws of 1998. Such
56 reimbursement shall be made without any local share of costs. Such
S. 1406--B 350 A. 2106--B
1 reimbursement shall not be subject to any aggregate statewide reimburse-
2 ment limit which may otherwise limit reimbursement for the administra-
3 tive costs of the local social services districts, provided, however,
4 such reimbursement shall be subject to the limitation on certain
5 payments for certain expenditures set forth in subsection (c) of section
6 2105 of the federal social security act.
7 § 19. Moneys appropriated in section 1 of the chapter of the laws of
8 2003 which enacts the health and mental hygiene budget to the depart-
9 ment of health under the child health insurance program, from the
10 special revenue funds - other / state operations, miscellaneous special
11 revenue fund - 339, children's health insurance account, for payment of
12 aid heretofore accrued or hereafter accrued, for services and expenses
13 related to the children's health insurance program authorized pursuant
14 to title 1-A of article 25 of the public health law shall be available
15 for payment of aid heretofore accrued or hereafter accrued to munici-
16 palities.
17 Notwithstanding any inconsistent provision of law and subject to a
18 plan developed by the commissioner of health and approved by the direc-
19 tor of the budget, local social services districts shall be reimbursed
20 for additional administrative costs incurred for recipient and applicant
21 eligibility and other administrative costs related to the expansion of,
22 or changes to, the medical assistance program for children under the age
23 of 19 pursuant to P.L. 105-33 or chapter 2 of the laws of 1998. Such
24 reimbursement shall be made without any local share of costs. Such
25 reimbursement shall not be subject to any aggregate statewide reimburse-
26 ment limit which may otherwise limit reimbursement for the administra-
27 tive costs of the local social services districts, provided, however,
28 such reimbursement shall be subject to the limitation on certain
29 payments for certain expenditures set forth in subsection (c) of section
30 2105 of the federal social security act.
31 § 20. Notwithstanding any inconsistent provision of law, moneys
32 appropriated in section 1 of the chapter of the laws of 2003 which
33 enacts the health and mental hygiene budget to the department of health
34 under the child health insurance program, from the special revenue funds
35 - other / aid to localities, miscellaneous special revenue fund - 339,
36 children's health insurance account, for payment of aid heretofore
37 accrued or hereafter accrued, for services and expenses related to the
38 children's health insurance program authorized pursuant to title 1-A of
39 article 25 of the public health law shall be available for payment of
40 aid heretofore accrued or hereafter accrued to municipalities. Subject
41 to the approval of the director of the budget, such moneys may be trans-
42 ferred to the office of temporary and disability assistance for payment
43 of local administrative costs related to the expansion of, or changes
44 to, the medical assistance program related to children under the age of
45 19 pursuant to P.L. 105-33 or chapter 2 of the laws of 1998. Subject to
46 a plan developed by the commissioner of health and approved by the
47 director of the budget, local social services districts shall be reim-
48 bursed for additional administrative costs incurred for recipient and
49 applicant eligibility and other administrative costs related to the
50 expansion of, or changes to, the medical assistance program for children
51 under the age of 19 pursuant to P.L. 105-33 or chapter 2 of the laws of
52 1998. Such reimbursement shall be made without any local share of
53 costs. Such reimbursement shall not be subject to any aggregate state-
54 wide reimbursement limit which may otherwise limit reimbursement for the
55 administrative costs of the local social services districts, provided,
56 however, such reimbursement shall be subject to the limitation on
S. 1406--B 351 A. 2106--B
1 certain payments for certain expenditures set forth in subsection (c) of
2 section 2105 of the federal social security act.
3 § 21. Moneys appropriated in section 1 of the chapter of the laws of
4 2003 which enacts the health and mental hygiene budget to the department
5 of health under the elderly pharmaceutical insurance coverage program
6 from the special revenue funds - other / aid to localities, miscella-
7 neous special revenue fund - 339, EPIC premium account, for services and
8 expenses of the program for elderly pharmaceutical insurance coverage,
9 including reimbursement to pharmacies participating in such program,
10 shall be available for payment of financial assistance heretofore
11 accrued.
12 § 22. Moneys appropriated in section 1 of the chapter of the laws of
13 2003 which enacts the health and mental hygiene budget to the department
14 of health under the institutional management program from the special
15 revenue funds - other / state operations, miscellaneous special revenue
16 fund - 339, Helen Hayes hospital account for:
17 (a) services and expenses of the Helen Hayes hospital including an
18 affiliation agreement contract, up to $363,179 of such moneys may be
19 transferred to the department of law for services and expenses of a
20 collection unit at Helen Hayes hospital; and
21 (b) services and expenses of the Helen Hayes hospital account,
22 notwithstanding any other law, rule or regulation to the contrary, shall
23 be available for distribution pursuant to a plan approved by the direc-
24 tor of the budget.
25 § 23. Moneys appropriated in section 1 of the chapter of the laws of
26 2003 which enacts the health and mental hygiene budget to the department
27 of health under the institutional management program from the special
28 revenue funds - other / state operations, miscellaneous special revenue
29 fund - 339, New York city veterans' home account, for services and
30 expenses of the New York city veterans' home up to $181,000 of such
31 moneys may be transferred to the department of law for services and
32 expenses of a collection unit at the New York city veterans' home for
33 the New York state home for veterans and their dependents at Oxford, the
34 New York city veterans' home, the Western New York veterans' home and
35 New York state veterans' home at Montrose.
36 § 24. Moneys appropriated in section 1 of the chapter of the laws of
37 2003 which enacts the health and mental hygiene budget to the department
38 of health under the medicaid management information system program from
39 the special revenue funds - federal / state operations, federal health
40 and human services fund - 265, for services and expenses related to the
41 operation of an electronic medicaid eligibility verification system and
42 operation of a medicaid override application system, and operation of a
43 medicaid management information system, and development and operation of
44 a replacement medicaid system, shall be available for payment of liabil-
45 ities heretofore accrued and hereafter to accrue.
46 § 25. Notwithstanding any contrary provision of law, moneys appropri-
47 ated in section 1 of the chapter of the laws of 2003 which enacts the
48 health and mental hygiene budget to the department of health under main-
49 tenance undistributed from the general fund/state operations, state
50 purposes account - 003 as offsets from the special revenue funds -
51 other, miscellaneous special revenue fund - 339, quality of care
52 account, hospital and nursing home management account, nurses aide
53 registry account, recoveries and revenue account, third-party health
54 insurance recoveries account and medicaid inquiry account shall reduce
55 general fund appropriations within the various programs of the depart-
56 ment of health funded from the state purposes account.
S. 1406--B 352 A. 2106--B
1 § 26. Moneys appropriated in section 1 of the chapter of the laws of
2 2003 which enacts the health and mental hygiene budget to the department
3 of health under maintenance undistributed from the special revenue funds
4 - other/state operations, miscellaneous special revenue fund - 339,
5 hospital and nursing home management account as an offset to the general
6 fund - state purposes account with various department of health programs
7 are authorized to be apportioned by the director of the budget to the
8 various programs of the department of health from such appropriation by
9 certificate of approval.
10 § 27. Moneys appropriated in section 1 of the chapter of the laws of
11 2003 which enacts the health and mental hygiene budget to the department
12 of health under the maintenance undistributed from the special revenue
13 funds - other/state operations, miscellaneous special revenue fund -
14 339, medicaid inquiry account as an offset to the general fund - state
15 purposes account with various department of health programs are author-
16 ized to be apportioned by the director of the budget to the various
17 programs of the department of health from such appropriation by certif-
18 icate of approval.
19 § 28. Moneys appropriated in section 1 of the chapter of the laws of
20 2003 which enacts the health and mental hygiene budget to the department
21 of health under the maintenance undistributed from the special revenue
22 funds - other/state operations, miscellaneous special revenue fund -
23 339, nurses aide registry account as an offset to the general fund -
24 state purposes account with various department of health programs are
25 authorized to be apportioned by the director of the budget to the vari-
26 ous programs of the department of health from such appropriation by
27 certificate of approval.
28 § 29. Moneys appropriated in section 1 of the chapter of the laws of
29 2003 which enacts the health and mental hygiene budget to the department
30 of health under the maintenance undistributed from the special revenue
31 funds - other/state operations, miscellaneous special revenue fund -
32 339, quality of care account as an offset to the general fund - state
33 purposes account with various department of health programs are author-
34 ized to be apportioned by the director of the budget to the various
35 programs of the department of health from such appropriation by certif-
36 icate of approval.
37 § 30. Moneys appropriated in section 1 of the chapter of the laws of
38 2003 which enacts the health and mental hygiene budget to the department
39 of health under maintenance undistributed from the special revenue
40 funds-other/state operations, miscellaneous special revenue fund - 339,
41 recoveries and revenue account as an offset to the general fund - state
42 purposes account with various department of health programs are author-
43 ized to be apportioned by the director of the budget to the various
44 programs of the department of health from such appropriation by certif-
45 icate of approval.
46 § 31. Moneys appropriated in section 1 of the chapter of the laws of
47 2003 which enacts the health and mental hygiene budget to the department
48 of health under maintenance undistributed from the special revenue
49 funds-other/state operations, miscellaneous special revenue fund - 339
50 third-party health insurance recoveries account as an offset to the
51 general fund - state purposes account with various department of health
52 programs are authorized to be apportioned by the director of the budget
53 is hereby authorized to apportion funds to the various programs of the
54 department of health from such appropriation by certificate of approval.
55 § 32. Notwithstanding any contrary provision of law, moneys appropri-
56 ated in section 1 of the chapter of the laws of 2003 which enacts the
S. 1406--B 353 A. 2106--B
1 health and mental hygiene budget to the department of health under main-
2 tenance undistributed from the general fund/aid to localities, local
3 assistance account - 001 as an offset from the special revenue funds -
4 other, miscellaneous special revenue fund - 339, quality of care account
5 shall reduce general fund appropriations within the various programs of
6 the department of health funded from the local assistance account.
7 § 33. Moneys appropriated in section 1 of chapter of the laws of 2003
8 which enacts the health and mental hygiene budget to the department of
9 health under maintenance undistributed from the special revenue funds -
10 other/aid to localities miscellaneous special revenue fund - 339 quality
11 of care account as an offset to the general fund - local assistance
12 account with various department of health programs are authorized to be
13 apportioned by the director of the budget to the various programs of the
14 department of health from such appropriation by certificate of approval.
15 § 34. All or a part of moneys appropriated in section 1 of the chapter
16 of the laws of 2003 which enacts the health and mental hygiene budget to
17 the department of health under the office of medicaid management program
18 from the general fund / aid to localities, local assistance account -
19 001, for services and expenses related to traumatic brain injury includ-
20 ing but not limited to services rendered to individuals enrolled in the
21 home and community based services (HCBS) waiver approved by the federal
22 health care financing administration and including personal and nonper-
23 sonal services spending originally authorized by appropriations and
24 reappropriations enacted prior to 1996, may be transferred to state
25 operations.
26 § 35. Notwithstanding any inconsistent provision of law and subject to
27 the approval of the director of the budget, moneys appropriated in
28 section 1 of the chapter of the laws of 2003 which enacts the health and
29 mental hygiene budget to the department of health under the office of
30 medicaid management program from the special revenue funds - federal /
31 state operations, federal health and human services fund - 265, for
32 services and expenses for the medical assistance program and adminis-
33 tration of the medical assistance program and survey and certification
34 program, provided pursuant to title XIX of the federal social security
35 act, may be increased or decreased by transfer or suballocation between
36 the appropriated amounts and appropriations of other state agencies and
37 appropriations of the department of health.
38 § 36. All or a portion of the moneys appropriated in section 1 of the
39 chapter of the laws of 2003 which enacts the health and mental hygiene
40 budget to the department of health under the medicaid audit and fraud
41 prevention program from the general fund / state operations, state
42 purposes account - 003, for services and expenses related to the medi-
43 caid fraud and abuse program, may be transferred to the department of
44 law with the approval of the director of the budget, who shall file such
45 approval with the department of audit and control and copies thereof
46 with the chairman of the senate finance committee and the chairman of
47 the assembly ways and means committee.
48 § 37. No payment of moneys appropriated in section 1 of the chapter of
49 the laws of 2003 which enacts the health and mental hygiene budget to
50 the department of health under the medicaid audit and fraud prevention
51 program from the special revenue fund - other / state operations, feder-
52 al revenue maximization contract fund - 359, revenue maximization
53 contractor account, pursuant to the state finance law establishing a
54 federal revenue maximization contract fund, for payments to contractors
55 approved by the director of the budget and executed by the office of the
56 state comptroller for specified services, as approved by the director of
S. 1406--B 354 A. 2106--B
1 the budget, designed to maximize federal financial participation
2 consistent with titles XVIII and XIX of the social security act shall be
3 made from such account without approval of the director of the budget.
4 To the extent that contractor payments made under such appropriation for
5 services that generated federal revenues result in a state and local
6 savings, the commissioner shall, subject to the approval of the director
7 of the budget, adjust reimbursements otherwise payable to local social
8 services districts to ensure that each such local social services
9 district financially participates in the cost of such activities in an
10 amount proportionate to such local district's share of the total state
11 and local savings realized in that local district through receipt of
12 federal revenue.
13 § 38. With respect to the moneys appropriated in section 1 of the
14 chapter of the laws of 2003 which enacts the health and mental hygiene
15 budget to the department of health under the medical assistance adminis-
16 tration program from the general fund / aid to localities, local assist-
17 ance account - 001:
18 (a) for state reimbursement of local administrative expenses for
19 medical assistance programs pursuant to section 153 of the social
20 services law shall be available for payment of aid heretofore accrued or
21 hereafter to accrue to municipalities, and to providers of medical
22 services pursuant to section 367-b of the social services law, and shall
23 be available to the department net of disallowances, refunds, reimburse-
24 ments, and credits.
25 Notwithstanding any other provision of law, the money so appropriated
26 may be increased or decreased by interchange, with any appropriation of
27 the department of health medical assistance administration program
28 and/or medical assistance program, and may be increased or decreased by
29 transfer or suballocation between such appropriated amounts and appro-
30 priations of the department of family assistance office of temporary and
31 disability assistance and office of children and family services with
32 the approval of the director of the budget, who shall file such approval
33 with the department of audit and control and copies thereof with the
34 chairman of the senate finance committee and the chairman of the assem-
35 bly ways and means committee.
36 Notwithstanding any inconsistent provision of law, in lieu of payments
37 authorized by the social services law, or payments of federal funds
38 otherwise due to the local social services districts for programs
39 provided under the federal social security act or the federal food stamp
40 act, funds so appropriated, in amounts certified by the state commis-
41 sioner of temporary and disability assistance or the state commissioner
42 of health as due from local social services districts each month as
43 their share of payments made pursuant to section 367-b of the social
44 services law may be set aside by the state comptroller in an interest-
45 bearing account with such interest accruing to the credit of the locali-
46 ty in order to ensure the orderly and prompt payment of providers under
47 section 367-b of the social services law pursuant to an estimate
48 provided by the commissioner of health of each local social services
49 district's share of payments made pursuant to section 367-b of the
50 social services law.
51 Notwithstanding sections 153, 368-a and subdivision 6 of section 95 of
52 the social services law, funds so appropriated may not be used to reim-
53 burse aggregate local administrative costs for the determination of
54 recipient and applicant eligibility and benefit payments for the tempo-
55 rary and disability assistance and its predecessor programs, medical
56 assistance, and food stamp programs to the extent that local administra-
S. 1406--B 355 A. 2106--B
1 tive costs exceed aggregate statewide reimbursement for such purposes in
2 the 2002-03 state fiscal year provided, however, that, after excluding
3 amounts so appropriated for medical assistance administration, such
4 aggregate reimbursement of local administrative costs shall be further
5 reduced by a factor of 7.5 percent.
6 The amounts so appropriated are available, subject to approval of the
7 director of the budget, for expenditures associated with the operation
8 of a statewide electronic benefit transfer (EBT) system including the
9 design, development, implementation and operation of a non-cash compo-
10 nent consistent with the safety net provisions of chapter 436 of the
11 laws of 1997 enacting comprehensive welfare reform. Approved costs may
12 include, but not be limited to, personal service, postage, other nonper-
13 sonal service costs, and contractor costs paid directly by the office.
14 Notwithstanding any inconsistent provision of law, reimbursement other-
15 wise payable to local social services districts from such appropriation
16 shall be reduced in amounts sufficient to recover a local share for the
17 cost of the electronic benefit issuance (EBT) system or any successor
18 system. Such local share shall be calculated as though such cost were
19 expenditures for administration of programs of public assistance and
20 care.
21 Funds so appropriated may be used without regard to the limitations
22 set forth in this section pursuant to local plans approved by the office
23 and the director of the budget, for additional direct costs of revenue
24 maximization which result in state fiscal savings, cost containment
25 activities which result in state fiscal savings, employment and training
26 services, Native American services, activities related to implementing
27 managed care programs, corrective action efforts necessary to reduce
28 public assistance error rates, fraud and abuse detection, the national
29 voter registration act, case management services provided under title
30 4-B of article 6 of the social services law, and approved costs associ-
31 ated with section 349-a of the social services law; provided, however,
32 that local social services districts are able to demonstrate that such
33 local expenditures relate solely to costs associated with these activ-
34 ities, do not include any retroactive or prospective costs related to
35 benefit issuance and control other than those sub-components of the
36 benefit issuance and control process that may be specifically designated
37 by the commissioner of health and the director of the budget as neces-
38 sary for additional state cost containment, and would not otherwise have
39 been incurred by the social services district, and provided further that
40 funds so appropriated shall not be used to reimburse costs under any
41 part of such local plans which has not been satisfactorily documented by
42 the local social services district, as deemed appropriate by the commis-
43 sioner, by the last day of the second state fiscal year after the state
44 fiscal year to which the plan is to apply. Based on eligible expendi-
45 tures for such activities, the office shall provide each local social
46 services district with waiver advances and settlements in state fiscal
47 year 2003-04 from funds so appropriated that are equal to waiver
48 advances and settlements made to the district, excluding litigation
49 settlements, in state fiscal year 2002-03; provided, however, that the
50 state cost of any additional waivers or any litigation settlements
51 approved by the commissioner of health shall continue to be liabilities
52 of the office payable through appropriations for such purposes that may
53 be made available on or after April 1, 2004.
54 The amount so appropriated, as may be adjusted for interchange, shall
55 constitute total state reimbursement for all local administration
56 programs in state fiscal year 2003-04;
S. 1406--B 356 A. 2106--B
1 (b) notwithstanding any inconsistent provision of law, such moneys
2 shall be available for payment of aid heretofore accrued or hereafter to
3 accrue to municipalities and to providers of medical services pursuant
4 to section 367-b of the social services law, and for payments of state
5 aid to municipalities where payment systems through the fiscal interme-
6 diary are not operational, and shall be available to the department net
7 of disallowances, refunds, reimbursements and credits.
8 Notwithstanding any other provision of law, the money so appropriated
9 may be increased or decreased by interchange, with any appropriation of
10 the department of health medical assistance administration program
11 and/or medical assistance program, and may be increased or decreased by
12 transfer or suballocation between such appropriated amounts and appro-
13 priations of the department of family assistance office of temporary and
14 disability assistance and office of children and family services with
15 the approval of the director of the budget, who shall file such approval
16 with the department of audit and control and copies thereof with the
17 chairman of the senate finance committee and the chairman of the assem-
18 bly ways and means committee.
19 The amount so appropriated, together with any federal matching funds
20 obtained, shall be made available to local social services districts for
21 the purpose of providing grants for planning, development and implemen-
22 tation of managed care programs, and to the department, subject to the
23 approval of the director of the budget, for contractual services related
24 to the planning, development and implementation of managed care
25 programs;
26 (c) for contractual services related to medical necessity and quality
27 of care reviews related to medicaid patients, all or part thereof may,
28 subject to the approval of the director of the budget, be transferred to
29 the health care standards and surveillance program, general fund - local
30 assistance account;
31 (d) notwithstanding section 153 of the social services law or any
32 inconsistent provision of law, the state shall recover the local share
33 of any costs related to payments made by the department of health on
34 behalf of the districts for contractual services related to a third
35 party entity responsible for education of persons eligible for medical
36 assistance regarding their options for enrollment in managed care plans
37 through the use of electronic funds transfer pursuant to section 367-b
38 of the social services law.
39 The amount so appropriated, together with any federal matching funds
40 obtained, may be available to the department, subject to the approval of
41 the director of the budget, for contractual services related to a third
42 party entity responsible for education of persons eligible for medical
43 assistance regarding their options for enrollment in managed care plans.
44 Subject to the approval of the director of the budget, all or a part of
45 such appropriation may be transferred to the office of managed care,
46 general fund - state purposes account; and
47 (e) notwithstanding any inconsistent provision of law, pursuant to a
48 memorandum of understanding between the department of health and the
49 department of law, of the amounts so appropriated, up to $1,000,000
50 including federal reimbursements properly received or to be received on
51 account of such expenditures, may be suballocated to the department of
52 law for services and expenses, including outside experts, incurred in
53 litigation representing the department of health. Reimbursements to the
54 department of law shall be made by the department of health upon receipt
55 of vouchers showing the amount and purpose of such expenditures,
S. 1406--B 357 A. 2106--B
1 provided, however, that the department of health may make advances to
2 the department of law to meet reasonable cash flow requirements.
3 § 39. Moneys appropriated in section 1 of the chapter of the laws of
4 2003 which enacts the health and mental hygiene budget to the department
5 of health under the medical assistance administration program from the
6 special revenue funds - federal / aid to localities, federal health and
7 human services fund - 265, medicaid administration transfer account, for
8 reimbursement of local administrative expenses of medical assistance
9 programs provided pursuant to title XIX of the federal social security
10 act or its successor program shall be available for payment of aid here-
11 tofore accrued or hereafter to accrue to municipalities, and to provid-
12 ers of medical services pursuant to section 367-b of the social services
13 law, and shall be available to the department net of disallowances,
14 refunds, reimbursements, and credits. Such amounts may be available for
15 costs associated with a common benefit identification card, and subject
16 to the approval of the director of the budget, such funds may be trans-
17 ferred to the credit of the state operations account medicaid management
18 information systems program.
19 Notwithstanding any other provision of law, such money may be
20 increased or decreased by interchange, with any appropriation of the
21 department of health medical assistance administration program and/or
22 medical assistance program, and may be increased or decreased by trans-
23 fer or suballocation between such appropriated amounts and appropri-
24 ations of the department of family assistance office of temporary and
25 disability assistance and office of children and family services with
26 the approval of the director of the budget, who shall file such approval
27 with the department of audit and control and copies thereof with the
28 chairman of the senate finance committee and the chairman of the assem-
29 bly ways and means committee.
30 Notwithstanding any inconsistent provision of law, in lieu of payments
31 authorized by the social services law, or payments of federal funds
32 otherwise due to the local social services districts for programs
33 provided under the federal social security act or the federal food stamp
34 act, such funds, in amounts certified by the state commissioner of
35 temporary and disability assistance or the state commissioner of health
36 as due from local social services districts each month as their share of
37 payments made pursuant to section 367-b of the social services law may
38 be set aside by the state comptroller in an interest-bearing account
39 with such interest accruing to the credit of the locality in order to
40 ensure the orderly and prompt payment of providers under section 367-b
41 of the social services law pursuant to an estimate provided by the
42 commissioner of health of each local social services district's share of
43 payments made pursuant to section 367-b of the social services law.
44 § 40. Notwithstanding any provision of law to the contrary, moneys
45 appropriated in section 1 of the chapter of the laws of 2003 which
46 enacts the health and mental hygiene and budget to the department of
47 health under the medical assistance program from the general fund / aid
48 to localities, local assistance account - 001:
49 (a) for the medical assistance program, exclusive of expenses incurred
50 by local districts for administration of the medical assistance program
51 and for medical care rates for authorized child care agencies shall be
52 available for payment of aid heretofore accrued or hereafter to accrue
53 to municipalities, and to providers of medical services pursuant to
54 section 367-b of the social services law, and for payment of state aid
55 to municipalities and to providers of family care where payment systems
56 through the fiscal intermediaries are not operational, and shall be
S. 1406--B 358 A. 2106--B
1 available to the department net of disallowances, refunds, reimburse-
2 ments, and credits. Up to $3,000,000 of such moneys, together with any
3 available federal matching funds, may be used by the department of
4 health for outside legal assistance on issues involving the federal
5 government, the conduct of preadmission screening and annual resident
6 reviews required by the state's medicaid program, computer matching with
7 insurance carriers to insure that medicaid is the payer of last resort
8 and activities related to the management of the pharmacy benefit avail-
9 able under the medicaid program. Such moneys may be used for transfer
10 to the federal revenue maximization contract fund, pursuant to the
11 provisions of the state finance law. In lieu of payments authorized by
12 the social services law, or payments of federal funds otherwise due to
13 the local social services districts for programs provided under the
14 federal social security act or the federal food stamp act, such funds,
15 in amounts certified by the state commissioner of temporary and disabil-
16 ity assistance or the state commissioner of health as due from local
17 social services districts each month as their share of payments made
18 pursuant to section 367-b of the social services law may be set aside by
19 the state comptroller in an interest-bearing account with such interest
20 accruing to the credit of the locality in order to ensure the orderly
21 and prompt payment of providers under section 367-b of the social
22 services law pursuant to an estimate provided by the commissioner of
23 health of each local social services district's share of payments made
24 pursuant to section 367-b of the social services law. Such amount shall
25 be available for the designated purposes, less the amount, as certified
26 by the director of the budget, of any transfers from the general fund to
27 the tobacco control and insurance initiatives pool established pursuant
28 to section 2807-v of the public health law, to reflect the state savings
29 attributable to this program resulting from an increase in the federal
30 medical assistance percentage or other increased federal medicaid fund-
31 ing available to the state pursuant to the applicable provisions of the
32 federal social security act. Such money may be increased or decreased
33 by interchange, with any appropriation of the department of health
34 medical assistance administration program and/or medical assistance
35 program, and may be increased or decreased by transfer or suballocation
36 between such appropriated amounts of the office of alcoholism and
37 substance abuse services, the department of family assistance office of
38 temporary and disability assistance and office of children and family
39 services with the approval of the director of the budget, who shall file
40 such approval with the department of audit and control and copies there-
41 of with the chairman of the senate finance committee and the chairman of
42 the assembly ways and means committee. Such moneys shall not be used
43 for any existing rates, fees, fee schedule, or procedures which may
44 affect the cost of care and services provided by personal care provid-
45 ers, case managers, health maintenance organizations, out of state
46 medical facilities which provide care and services to residents of the
47 state, providers of transportation services, that are altered, amended,
48 adjusted or otherwise changed by a local social services district unless
49 previously approved by the department of health and the director of the
50 budget; and
51 (b) subject to the approval of the director of the budget, up to such
52 amount appropriated, together with any available federal matching funds,
53 may be transferred to the general fund - state purposes account for
54 services and expenses related to improved medicaid service delivery and
55 management including but not limited to medicaid fraud prevention, phar-
56 macy best practices initiatives, prior authorizations, prior approvals,
S. 1406--B 359 A. 2106--B
1 and recipient and provider notification. Subject to the approval of the
2 director of the budget, a portion of such appropriation may be suballo-
3 cated to other state agencies and may be made available to local social
4 services districts.
5 § 41. Notwithstanding any provision of law to the contrary, moneys
6 appropriated in section 1 of the chapter of the laws of 2003 which
7 enacts the health and mental hygiene budget to the department of health
8 under the medical assistance program from the special revenue funds -
9 federal / aid to localities, federal health and human services fund -
10 265, medicaid direct account, for services and expenses for the medical
11 assistance program, excluding administrative expenses, pursuant to title
12 XIX of the federal social security act or its successor program shall be
13 available for payment of aid heretofore accrued or hereafter to accrue
14 to municipalities, and to providers of medical services pursuant to
15 section 367-b of the social services law, and for payment of state aid
16 to municipalities and to providers of family care where payment systems
17 through the fiscal intermediaries are not operational, shall be avail-
18 able to the department net of disallowances, refunds, reimbursements,
19 and credits. Such money may be increased or decreased by interchange,
20 with any appropriation of the department of health medical assistance
21 administration program and/or medical assistance program, and may be
22 increased or decreased by transfer or suballocation between such appro-
23 priated amounts of the department of family assistance office of tempo-
24 rary and disability assistance and office of children and family
25 services with the approval of the director of the budget, who shall file
26 such approval with the department of audit and control and copies there-
27 of with the chairman of the senate finance committee and the chairman of
28 the assembly ways and means committee. In lieu of payments authorized
29 by the social services law, or payments of federal funds otherwise due
30 to the local social services districts for programs provided under the
31 federal social security act or the federal food stamp act, such funds,
32 in amounts certified by the state commissioner of temporary and disabil-
33 ity assistance or the state commissioner of health as due from local
34 social services districts each month as their share of payments made
35 pursuant to section 367-b of the social services law may be set aside by
36 the state comptroller in an interest-bearing account with such interest
37 accruing to the credit of the locality in order to ensure the orderly
38 and prompt payment of providers under section 367-b of the social
39 services law pursuant to an estimate provided by the commissioner of
40 health of each local social services district's share of payments made
41 pursuant to section 367-b of the social services law.
42 § 42. Moneys appropriated in section 1 of the chapter of the laws of
43 2003 which enacts the health and mental hygiene budget to the department
44 of health under the medical assistance program from the special revenue
45 funds - other / aid to localities, HCRA transfer fund - 061, medical
46 assistance account, for the purpose of making payments, shall be avail-
47 able for payment of aid heretofore accrued or hereafter accrued, to
48 providers of medical care pursuant to section 367-b of the social
49 services law, including but not limited to disaster relief medicaid and
50 for payment of state aid to municipalities and the federal government
51 where payment systems through fiscal intermediaries are not operational,
52 to reimburse such providers for costs attributable to the provision of
53 care to patients eligible for medical assistance.
54 § 43. Moneys appropriated in section 1 of the chapter of the laws of
55 2003 which enacts the health and mental hygiene budget to the department
56 of health under the medical assistance program from the special revenue
S. 1406--B 360 A. 2106--B
1 funds - other / aid to localities, indigent care fund - 068, for the
2 purpose of making payments to providers of medical care pursuant to
3 section 367-b of the social services law, and for payment of state aid
4 to municipalities where payment systems through fiscal intermediaries
5 are not operational, shall be used to reimburse such providers for costs
6 attributable to the provision of care to patients eligible for medical
7 assistance. Payments from such appropriation to general hospitals
8 related to bad debt and charity care pursuant to article 28 of the
9 public health law respectively, when combined with federal funds for
10 services and expenses for the medical assistance program pursuant to
11 title XIX of the federal social security act or its successor program,
12 shall equal the amount of the funds received related to bad debt and
13 charity care allowances and surcharges pursuant to article 28 of the
14 public health law and deposited to such account less any such amounts
15 withheld pursuant to subdivision 21 of section 2807-c of the public
16 health law.
17 § 44. Notwithstanding any provision of law to the contrary, moneys
18 appropriated in section 1 of the chapter of the laws of 2003 which
19 enacts the health and mental hygiene budget to the department of health
20 under the medical assistance program from the special revenue funds -
21 other / aid to localities, miscellaneous special revenue fund - 339,
22 CHCCDP transfer account, for payment of a portion of costs related to
23 graduate medical education, health facility restructuring, or health
24 workforce retraining, recruitment and retention shall be transferred by
25 the commissioner of health, upon the approval of the director of the
26 budget, to the health care reform act pool administrator.
27 § 45. Moneys appropriated in section 1 of the chapter of the laws of
28 2003 which enacts the health and mental hygiene budget to the department
29 of health under the medical assistance program from the special revenue
30 funds - other / aid to localities, miscellaneous special revenue fund -
31 339, medical assistance account, for the purpose of making payments to
32 providers of medical care pursuant to section 367-b of the social
33 services law, and for payment of state aid to municipalities and the
34 federal government where payment systems through fiscal intermediaries
35 are not operational, shall be used to reimburse such providers for costs
36 attributable to the provision of care to patients eligible for medical
37 assistance.
38 § 46. Notwithstanding any inconsistent provision of law and subject to
39 the approval of the director of the budget, moneys appropriated in
40 section 1 of the chapter of the laws of 2003 which enacts the health and
41 mental hygiene budget to the department of health under the office of
42 continuing care under the general fund / aid to localities, local
43 assistance account - 001, for services and expenses related to adult
44 home initiatives including but not limited to assessments; case manage-
45 ment, medication management, social and recreational services; and advo-
46 cacy and legal support, may be transferred to the office of mental
47 health, the office for the aging, and the commission on quality of care
48 for the mentally disabled.
49 § 47. To the extent that moneys are appropriated in section 1 of the
50 chapter of the laws of 2003 which enacts the health and mental hygiene
51 budget to the department of health under the office of continuing care
52 under the general fund / aid to localities, local assistance account -
53 001 for an operating assistance subprogram for enriched housing, the
54 department of health is authorized to pay an operating subsidy for SSI
55 recipients who are residents in certified not-for-profit or public
56 enriched housing programs. Such subsidy shall not exceed $115 per month
S. 1406--B 361 A. 2106--B
1 per each SSI recipient and will be paid directly to the certified opera-
2 tor. If such appropriations are not sufficient to meet such maximum
3 monthly payments, such subsidy shall be reduced proportionately.
4 § 48. Notwithstanding any provision of law to the contrary, moneys
5 appropriated in section 1 of the chapter of the laws of 2003 which
6 enacts the health and mental hygiene budget to the department of health
7 under the office of continuing care under the special revenue fund -
8 other / aid to localities, HCRA transfer fund - 061, health services
9 account, for services and expenses related to adult home initiatives
10 including but not limited to assessments; case management, medication
11 management, social and recreational services; and advocacy and legal
12 support, subject to the approval of the director of the budget, may be
13 transferred to the office of mental health, the office for the aging,
14 and the commission on quality of care for the mentally disabled.
15 INSURANCE DEPARTMENT
16 § 49. Notwithstanding any other provision of law, moneys appropriated
17 in section 1 of the chapter of the laws of 2003 which enacts the health
18 and mental hygiene budget to the insurance department under the regu-
19 lation program from the special revenue funds - other / state oper-
20 ations, miscellaneous special revenue fund - 339, insurance department
21 account, for suballocation to the department of state for aid to locali-
22 ties payments related to municipalities fighting fires on state proper-
23 ty, expenses incurred under the state's fire mobilization and mutual aid
24 plan, and for payment of training costs incurred in accordance with
25 section 209-x of the general municipal law for training of certain
26 first-line supervisors of paid fire departments at the New York city
27 fire training academy and in accordance with rules and regulations
28 promulgated by the secretary of state and approved by the director of
29 the budget, shall constitute the state's entire obligation for all costs
30 incurred by the New York city fire training academy in state fiscal year
31 2003-04.
32 DEPARTMENT OF MENTAL HYGIENE
33 OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
34 § 50. Notwithstanding any other provision of law, no payment of moneys
35 appropriated in section 1 of the chapter of the laws of 2003 which
36 enacts the health and mental hygiene budget to the office of alcoholism
37 and substance abuse services under the community treatment services
38 program from the general fund / aid to localities, local assistance
39 account - 001, for payment, net of disallowances, of state financial
40 assistance in accordance with the mental hygiene law related to treat-
41 ment services, shall be made until the recipient agency has demonstrated
42 that it has applied for and received, or received formal notification of
43 refusal of, all forms of third-party reimbursement, including federal
44 aid and patient fees. The moneys so appropriated shall be available to
45 reimburse or advance to localities and voluntary nonprofit agencies for
46 expenditures heretofore accrued or hereafter to accrue during local
47 fiscal periods commencing January 1, 2003 or July 1, 2003 and for
48 advances for the 3 month period beginning January 1, 2004; provided that
49 funding for the purpose of administration and monitoring of such
50 programs shall not exceed 5 percent of the approved program level,
S. 1406--B 362 A. 2106--B
1 unless waived by the commissioner of the office of alcoholism and
2 substance abuse services and approved by the director of the budget.
3 Notwithstanding the mental hygiene law or any other provision of law,
4 rule or regulation to the contrary, the commissioner of alcoholism and
5 substance abuse services, with the approval of the director of the budg-
6 et, may contract with voluntary agencies that are receiving, or are
7 eligible to receive, state aid from such appropriation, directly or
8 through written agreements with local governments. Such commissioner,
9 pursuant to such contract, may pay from such appropriation all or a
10 portion of the expenses incurred by such voluntary agencies arising out
11 of loans obtained from the proceeds of bonds and notes issued by the
12 dormitory authority of the state of New York or another authorized enti-
13 ty approved by the division of the budget. Such expenses may include,
14 but shall not be limited to, amounts relating to principal and interest
15 and any other fees and charges arising from such loans. Notwithstanding
16 any other provision of law, subject to the approval of the director of
17 the budget, a portion of the money so appropriated may be made available
18 for obligations and payments heretofore or hereafter accrued by the
19 department of health for community alcoholism, chemical dependence, and
20 substance abuse treatment services, including the state share of medical
21 assistance payments.
22 Notwithstanding any inconsistent provision of law, a portion of the
23 money so appropriated may be made available for transfer to the depart-
24 ment of health for the state share of disproportionate share payments to
25 voluntary nonprofit general hospitals pursuant to chapter 119 of the
26 laws of 1997, as amended.
27 Notwithstanding any inconsistent provision of law, the amount so
28 appropriated shall be available for the designated purposes, less the
29 amount, as certified by the director of the budget, of any transfers
30 from the general fund to the tobacco control and insurance initiatives
31 pool established pursuant to section 2807-v of the public health law, to
32 reflect the state savings attributable to such program resulting from an
33 increase in the federal medical assistance percentage available to the
34 state pursuant to the applicable provisions of the federal social secu-
35 rity act.
36 Notwithstanding any provision of law, rule or regulation to the
37 contrary and subject to the approval of the director of the budget, a
38 portion of such appropriation may be made available for transfer to the
39 department of health for the state share of medical assistance payments
40 to providers of chemical dependence outpatient services.
41 No expenditure shall be made for such program until a certificate of
42 allocation has been approved by the director of the budget and copies
43 thereof filed with the state comptroller and chairs of the senate
44 finance committee and the assembly ways and means committee.
45 The state comptroller is hereby authorized to receive funds from the
46 office of alcoholism and substance abuse services and is authorized to
47 refund such moneys to the credit of the local assistance account of the
48 general fund for the purpose of reimbursing the 2003-04 appropriation.
49 § 51. Notwithstanding any inconsistent provision of law, with respect
50 to moneys appropriated in section 1 of the chapter of the laws of 2003
51 which enacts the health and mental hygiene budget to the office of alco-
52 holism and substance abuse services under the community treatment
53 services program, from the special revenue funds - federal / aid to
54 localities, federal block grant fund - 269:
55 (a) for services and expenses of prevention, intervention, and treat-
56 ment programs provided by the SAPT block grants, up to $4,600,000 there-
S. 1406--B 363 A. 2106--B
1 of may be transferred, pursuant to memoranda of understanding between
2 the office of alcoholism and substance abuse services and the department
3 of health and the department of correctional services, respectively,
4 which addresses how such funds contribute to required set-asides of the
5 block grant, to the following agencies: up to $1,400,000 to the AIDS
6 institute of the department of health for the provision of primary
7 health care services for persons enrolled in drug treatment programs;
8 and up to $3,200,000 to the department of correctional services for
9 treatment and counseling costs.
10 Notwithstanding any inconsistent provision of law, a portion of the
11 funds so appropriated may, subject to the approval of the director of
12 the budget, be transferred to state operations in the office of alcohol-
13 ism and substance abuse services consistent with the terms and condi-
14 tions of the SAPT block grant award for administrative and support
15 services, including fringe benefits, associated with the federal block
16 grant.
17 Notwithstanding any inconsistent provision of law, moneys so appropri-
18 ated may be transferred to prevention and program support of the office
19 of alcoholism and substance abuse services; and
20 (b) for services and expenses associated with federal block grant
21 awards yet to be allocated by the federal department of health and human
22 services, the director of the budget is hereby authorized to transfer
23 appropriation authority contained therein to any other federal fund or
24 program within the office of alcoholism and substance abuse services for
25 aid to localities, administrative and support services, including fringe
26 benefits, associated with the federal block grant.
27 § 52. With respect to moneys appropriated in section 1 of the chapter
28 of the laws of 2003 which enacts the health and mental hygiene budget to
29 the office of alcoholism and substance abuse services under the communi-
30 ty treatment services program, from the special revenue funds - federal
31 / aid to localities, federal operating grants fund - 290:
32 (a) for services and expenses related to homeless grants, may, subject
33 to a plan approved by the director of the budget be made available to
34 other state agencies for services and expenses related to federal home-
35 less grants. The director of the budget is hereby authorized to transfer
36 appropriation authority contained therein to any other federal fund in
37 which federal homeless grants are actually received; and
38 (b) for services and expenses related to enforcing the underage drink-
39 ing laws program grant, a portion thereof, notwithstanding any incon-
40 sistent provision of law, may, subject to the approval of the director
41 of the budget, be transferred to state operations in the office of alco-
42 holism and substance abuse services consistent with the terms of the
43 federal award for administrative and support services, including fringe
44 benefits, associated with such grant.
45 § 53. No payment of moneys appropriated in section 1 of the chapter of
46 the laws of 2003 which enacts the health and mental hygiene budget to
47 the office of alcoholism and substance abuse services under prevention
48 and program support from the general fund / aid to localities, local
49 assistance account - 001, for payment, net of disallowances, of state
50 financial assistance in accordance with the mental hygiene law related
51 to school and community-based prevention and education programs, and
52 program support, notwithstanding any other provisions of law, shall be
53 made from such appropriation until the recipient agency has demonstrated
54 it has applied for and received, or received formal notification of
55 refusal of, all forms of third-party reimbursement, including federal
56 aid and patient fees. The moneys so appropriated are available to reim-
S. 1406--B 364 A. 2106--B
1 burse or advance to localities and voluntary nonprofit agencies for
2 expenditures heretofore accrued or hereafter to accrue during local
3 fiscal periods commencing January 1, 2003 or July 1, 2003 and for
4 advances for the 3 month period beginning January 1, 2004; provided that
5 such funding for the purpose of administration and monitoring of such
6 programs shall not exceed 5 percent of the approved program level,
7 unless waived by the commissioner of the office of alcoholism and
8 substance abuse services and approved by the director of the budget. No
9 expenditure shall be made for such program until a certificate of allo-
10 cation has been approved by the director of the budget and copies there-
11 of filed with the state comptroller and chairs of the senate finance
12 committee and the assembly ways and means committee.
13 § 54. Notwithstanding any provision of law to the contrary, moneys
14 appropriated in section 1 of the chapter of the laws of 2003 which
15 enacts the health and mental hygiene budget to the office of alcoholism
16 and substance abuse services under prevention and program support from
17 the special revenue funds - federal / aid to localities, federal health
18 and human services fund - 265,
19 (a) for services and expenses related to the state incentive program
20 for New York state grant. A portion of the funds so appropriated may,
21 subject to approval of the director of the budget, be transferred to
22 state operations in the office of alcoholism and substance abuse
23 services consistent with the terms of the federal award for administra-
24 tive and support services, including fringe benefits, associated with
25 such grant.
26 (b) for services and expenses associated with federal grant awards yet
27 to be allocated by the U.S. department of education and/or the federal
28 department of health and human services, the director of the budget is
29 hereby authorized to transfer appropriation authority contained herein
30 to any other federal fund or program within the office of alcoholism and
31 substance abuse services for aid to localities, administrative and
32 support services, including fringe benefits, associated with the awarded
33 grant.
34 § 55. Notwithstanding any provision of law to the contrary, moneys
35 appropriated in section 1 of the chapter of the laws of 2003 which
36 enacts the health and mental hygiene budget to the office of alcoholism
37 and substance abuse services under prevention and program support from
38 the special revenue funds - federal / aid to localities, federal block
39 grant fund - 269, for services and expenses related to prevention,
40 intervention and treatment programs provided by the substance abuse
41 prevention and treatment (SAPT) block grant, moneys hereby appropriated
42 may, subject to the approval of the director of the budget, be trans-
43 ferred to the community treatment services program of the office of
44 alcoholism and substance abuse services.
45 § 56. Notwithstanding any provision of law to the contrary, moneys
46 appropriated in section 1 of the chapter of the laws of 2003 which
47 enacts the health and mental hygiene budget to the office of alcoholism
48 and substance abuse services under prevention and program support from
49 the special revenue funds - other / aid to localities, substance abuse
50 service fund - 346, for services and expenses of community alcoholism
51 and substance abuse services programs including services and expenses
52 related to staff training and workforce development activities for
53 prevention, intervention and treatment programs up to $1,000,000 of such
54 appropriation may be made available upon the approval of the director of
55 the budget for services and expenses related to continuing evaluation
S. 1406--B 365 A. 2106--B
1 activities of the alcoholism and substance abuse service delivery
2 systems.
3 § 57. No expenditure of moneys appropriated in section 1 of the chap-
4 ter of the laws of 2003 which enacts the health and mental hygiene budg-
5 et to the office of alcoholism and substance abuse services under the
6 community alcoholism and substance abuse facilities (CCP) from the capi-
7 tal projects fund, minor rehabilitation purpose, for minor alterations
8 and improvements to various facilities, including the payment of liabil-
9 ities incurred prior to April 1, 2003, may be made until a comprehensive
10 plan of projects has been approved by the director of the budget.
11 § 58. No expenditure of moneys appropriated in section 1 of the chap-
12 ter of the laws of 2003 which enacts the health and mental hygiene budg-
13 et to the office of alcoholism and substance abuse services under the
14 community alcoholism and substance abuse facilities (CCP) from the
15 mental hygiene capital improvement fund - 389, preservation of facili-
16 ties purpose, for alterations and improvements for preservation of vari-
17 ous facilities including rehabilitation projects and the acquisition of
18 property, may be made until a comprehensive plan of projects has been
19 approved by the director of the budget.
20 § 59. No expenditure of moneys appropriated in section 1 of the chap-
21 ter of the laws of 2003 which enacts the health and mental hygiene budg-
22 et to the office of alcoholism and substance abuse services under the
23 community alcoholism and substance abuse facilities (CCP) from the
24 mental hygiene improvement fund - 389, new facilities purpose, for the
25 acquisition of property, design, construction and extensive rehabili-
26 tation of facilities for the purpose of delivering chemical dependence
27 services, pursuant to the mental hygiene law, shall be made until a
28 spending plan for proposed projects has been submitted by the commis-
29 sioner of the office of alcoholism and substance abuse services and
30 approved by the director of the budget.
31 § 60. No expenditures of moneys appropriated in section 1 of the chap-
32 ter of the laws of 2003 which enacts the health and mental hygiene budg-
33 et to the office of alcoholism and substance abuse services under the
34 institutional services program (CCP) from the capital projects fund,
35 minor rehabilitation purpose, for minor alterations and improvements to
36 various facilities, including the payment of liabilities incurred prior
37 to April 1, 2003, may be made from such appropriation until a comprehen-
38 sive plan of projects has been approved by the director of the budget.
39 § 61. No expenditures of moneys appropriated in section 1 of the chap-
40 ter of the laws of 2003 which enacts the health and mental hygiene budg-
41 et to the office of alcoholism and substance abuse services under the
42 institutional services program (CCP) from the mental hygiene capital
43 improvement fund - 389, preservation of facilities purpose, for alter-
44 ations and improvements for preservation of various facilities including
45 rehabilitation projects, may be made from such appropriation until a
46 comprehensive plan of projects has been approved by the director of the
47 budget. Such appropriation may be used for the cost of potential claims
48 against contracts awarded by the dormitory authority of the state of New
49 York or the facilities development corporation. Upon request of the
50 commissioner of the office of alcoholism and substance abuse services
51 and approval by the director of the budget, such appropriation may be
52 transferred to the dormitory authority of the state of New York.
53 § 62. Moneys appropriated in section 1 of the chapter of the laws of
54 2003 which enacts the health and mental hygiene budget to the office of
55 alcoholism and substance abuse services under the non-bondable projects
56 (CCP) from the capital projects fund, non-bondable purpose, for transfer
S. 1406--B 366 A. 2106--B
1 to the mental hygiene capital improvement fund for reimbursement of the
2 non-bondable cost of community facilities authorized by appropriations
3 or reappropriations funded from the mental hygiene capital improvement
4 fund including liabilities incurred prior to April 1, 2003 or for
5 payment to the dormitory authority of the state of New York for defea-
6 sance of bonds, upon request of the commissioner of the office of alco-
7 holism and substance abuse services and approval by the director of the
8 budget, may be transferred to the dormitory authority of the state of
9 New York.
10 OFFICE OF MENTAL HEALTH
11 § 63. Notwithstanding any inconsistent provision of law, moneys appro-
12 priated in section 1 of the chapter of the laws of 2003 which enacts the
13 health and mental hygiene budget to the office of mental health under
14 the adult services program from the general fund / state operations,
15 state purposes account - 003, for personal service, shall be available
16 for the designated purpose, less the amount, as certified by the direc-
17 tor of the budget, of any transfers from the general fund to the tobacco
18 control and insurance initiatives pool established pursuant to section
19 2807-v of the public health law, to reflect the state savings attribut-
20 able to such program resulting from an increase in the federal medical
21 assistance percentage available to the state pursuant to the applicable
22 provisions of the federal social security act.
23 § 64. Notwithstanding any inconsistent provision of law, moneys appro-
24 priated in section 1 of the chapter of the laws of 2003 which enacts the
25 health and mental hygiene budget to the office of mental health under
26 the adult services program from the general fund / aid to localities,
27 local assistance account - 001, for services and expenses of various
28 adult community mental health services, including transfer to the
29 department of health to reimburse the department of mental hygiene for
30 the state share of medical assistance for various community mental
31 health services, shall be available for the designated purpose, less the
32 amount, as certified by the director of the budget, of any transfers
33 from the general fund to the tobacco control and insurance initiatives
34 pool established pursuant to section 2807-v of the public health law, to
35 reflect the state savings attributable to such program resulting from an
36 increase in the federal medical assistance percentage available to the
37 state pursuant to the applicable provisions of the federal social secu-
38 rity act. A portion of the money so appropriated may be made available
39 for transfer to the department of health for the state share of
40 disproportionate share payments to voluntary nonprofit general hospitals
41 pursuant to chapter 119 of the laws of 1997 as amended.
42 Moneys for payment of state financial assistance, net of disallow-
43 ances, for community mental health programs pursuant to article 41 and
44 other provisions of the mental hygiene law for allocation to local
45 governments and voluntary agencies for services shall be available to
46 reimburse or advance funds to local governments and voluntary agencies
47 for expenditures made or to be made during local program years commenc-
48 ing January 1, 2003 or July 1, 2003 and for advances for the period
49 beginning January 1, 2004 for local governments and voluntary agencies
50 with program years beginning January 1.
51 Notwithstanding the provisions of section 31.03 of the mental hygiene
52 law, moneys appropriated for family care shall be available for, but not
53 limited to, the purchase of substitute caretakers up to a maximum of 14
S. 1406--B 367 A. 2106--B
1 days and payments limited to $632 per year based upon financial need for
2 the personal needs of each client residing in the family care home.
3 Except for transfers to the department of health to reimburse the
4 department of mental hygiene for the state share of medical assistance
5 payments and as modified in this section, such appropriation shall be
6 available for obligations for the period commencing July 1, 2003 and
7 ending June 30, 2004 and shall be available for expenditure from July 1,
8 2003 through September 15, 2004.
9 An amount from such appropriation when combined with the appropriation
10 for the miscellaneous special revenue fund - 339 medication reimburse-
11 ment account shall provide up to $15,000,000 for grants to the counties
12 and city of New York to provide medication, and other services necessary
13 to prescribe and administer medication pursuant to a plan approved by
14 the commissioner of mental health, as authorized under chapter 408 of
15 the laws of 1999.
16 No expenditures shall be made for such program prior to the approval
17 of a methodology for allocation in accordance with a plan approved by
18 the commissioner of mental health and the director of the budget with
19 copies to be filed with the chairpersons of the senate finance committee
20 and assembly ways and means committee. Furthermore, no expenditure shall
21 be made until a certificate of allocation has been approved by the
22 director of the budget with copies to be filed with the chairpersons of
23 the senate finance committee and the assembly ways and means committee.
24 The state comptroller is hereby authorized to receive funds from the
25 office of mental health and is authorized to refund such moneys to the
26 credit of the local assistance account of the general fund for the
27 purpose of reimbursing the 2003-04 appropriation.
28 The amounts appropriated pursuant to such appropriation may be trans-
29 ferred to other state agencies, authorities, or accounts for expendi-
30 tures incurred in the operation of programs funded by such appropri-
31 ation.
32 § 65. Notwithstanding any inconsistent provision of law, moneys appro-
33 priated in section 1 of the chapter of the laws of 2003 which enacts the
34 health and mental hygiene budget to the office of mental health under
35 the adult services program from the special revenue funds - federal /
36 aid to localities, federal health and human services fund - 265, for
37 programs to assist and transition from homelessness (PATH) grants, a
38 portion of such appropriation, consistent with the terms and conditions
39 of the PATH grant, may be transferred to other programs within the
40 office of mental health for aid to localities, administrative and
41 support services, including fringe benefits, associated with such grant.
42 § 66. Notwithstanding any inconsistent provision of law, moneys appro-
43 priated in section 1 of the chapter of the laws of 2003 which enacts the
44 health and mental hygiene budget to the office of mental health under
45 the adult services program from the special revenue funds - federal /
46 aid to localities, federal block grant fund - 269:
47 (a) for services and expenses related to adult mental health services
48 funded by the community mental health services block grant, a portion of
49 such appropriation, consistent with the terms and conditions of the
50 block grant, may be transferred to other programs within the office of
51 mental health for aid to localities, administrative and support
52 services, including fringe benefits, associated with the federal block
53 grant; and
54 (b) for services and expenses associated with federal grant awards yet
55 to be allocated by the federal department of health and human services,
56 are hereby authorized to be transferred by the director of the budget,
S. 1406--B 368 A. 2106--B
1 as well as appropriation authority, to any other federal fund or program
2 within the office of mental health services for aid to localities,
3 administrative and support services, including fringe benefits, associ-
4 ated with the awarded grant.
5 § 67. Notwithstanding any inconsistent provision of law, moneys appro-
6 priated in section 1 of the chapter of the laws of 2003 which enacts the
7 health and mental hygiene budget to the office of mental health under
8 the adult services program from the special revenue funds - federal /
9 aid to localities, federal operating grants fund - 290, for services and
10 expenses related to homeless and shelter plus care grants, subject to a
11 plan approved by the director of the budget, may be made available to
12 other state agencies for services and expenses related to federal home-
13 less and shelter plus care grants.
14 § 68. Notwithstanding any inconsistent provision of law, moneys appro-
15 priated in section 1 of the chapter of the laws of 2003 which enacts the
16 health and mental hygiene budget to the office of mental health under
17 the adult services program from the special revenue funds - other / aid
18 to localities, miscellaneous special revenue fund - 339, medication
19 reimbursement account, for services and expenses related to adult mental
20 health services, including assisted outpatient treatment pursuant to
21 article 9 and other provisions of the mental hygiene law, may be made
22 available upon the approval of the director of the budget.
23 § 69. Notwithstanding any inconsistent provision of law, moneys appro-
24 priated in section 1 of the chapter of the laws of 2003 which enacts the
25 health and mental hygiene budget to the office of mental health under
26 the children and youth services program, from the general fund / aid to
27 localities, local assistance account - 001, for services and expenses of
28 various children and families community mental health services, includ-
29 ing transfer to the department of health to reimburse the department for
30 the state share of medical assistance for various community mental
31 health services, shall be available for the designated purpose, less the
32 amount, as certified by the director of the budget, of any transfers
33 from the general fund to the tobacco control and insurance initiatives
34 pool established pursuant to section 2807-v of the public health law, to
35 reflect the state savings attributable to this program resulting from an
36 increase in the federal medical assistance percentage available to the
37 state pursuant to the applicable provisions of the federal social secu-
38 rity act. Notwithstanding any inconsistent provision of law, a portion
39 of the money so appropriated may be made available for transfer to the
40 department of health for the state share of disproportionate share
41 payments to voluntary nonprofit general hospitals pursuant to chapter
42 119 of the laws of 1997 as amended. Such appropriation anticipates the
43 transfer of funds from the state education department to the office of
44 mental health of tuition funds advanced in previous years and reimbursed
45 by the child's school district of origin to the state of New York pursu-
46 ant to chapter 810 of the laws of 1986 and applicable provisions of the
47 education law.
48 For payment of state financial assistance, net of disallowances, for
49 community mental health programs pursuant to article 41 and other
50 provisions of the mental hygiene law. The moneys so appropriated for
51 allocation to local governments and voluntary agencies for services are
52 available to reimburse or advance funds to local governments and volun-
53 tary agencies for expenditures made or to be made during local program
54 years commencing January 1, 2003 or July 1, 2003 and for advances for
55 the period beginning January 1, 2004 for local governments and voluntary
56 agencies with program years beginning January 1.
S. 1406--B 369 A. 2106--B
1 Notwithstanding any other provision of law, and except for transfers
2 to the department of health to reimburse the department for the state
3 share of medical assistance payments and as modified below, such appro-
4 priation shall be available for obligations for the period commencing
5 July 1, 2003 and ending June 30, 2004 and shall be available for expend-
6 iture from July 1, 2003 through September 15, 2004.
7 No expenditures shall be made for such program prior to the approval
8 of a methodology for allocation in accordance with a plan approved by
9 the commissioner of mental health and the director of the budget with
10 copies to be filed with the chairpersons of the senate finance committee
11 and assembly ways and means committee. Furthermore, no expenditure shall
12 be made until a certificate of allocation has been approved by the
13 director of the budget with copies to be filed with the chairpersons of
14 the senate finance committee and the assembly ways and means committee.
15 The state comptroller is hereby authorized to receive funds from the
16 office of mental health and is authorized to refund such moneys to the
17 credit of the local assistance account of the general fund for the
18 purpose of reimbursing the 2003-04 appropriation.
19 The amounts appropriated pursuant to such appropriation may be trans-
20 ferred to other state agencies, authorities, or accounts for expendi-
21 tures incurred in the operation of programs funded by such appropri-
22 ation.
23 § 70. Notwithstanding any inconsistent provision of law, a portion of
24 the moneys appropriated in section 1 of the chapter of the laws of 2003
25 which enacts the health and mental hygiene budget to the office of
26 mental health under the children and youth services program, from the
27 special revenue funds - federal / aid to localities, federal block grant
28 fund - 269, for services and expenses related to children's mental
29 health services funded by the community mental health services block
30 grant, consistent with the terms and conditions of the block grant, may
31 be transferred to other programs within the office of mental health for
32 aid to localities, administrative and support services, including fringe
33 benefits, associated with the federal block grant.
34 § 71. Notwithstanding any inconsistent provision of law, moneys appro-
35 priated in section 1 of the chapter of the laws of 2003 which enacts the
36 health and mental hygiene budget to the office of mental health under
37 the reinvestment program from the general fund / aid to localities,
38 local assistance account - 001, for services and expenses of community
39 mental health reinvestment services, community mental health support and
40 workforce reinvestment services and mental health services to persons
41 who are homeless mentally ill or mentally ill chemical abusers pursuant
42 to chapter 723 of the laws of 1993, including transfer to the department
43 of health to reimburse the department for the state share of medical
44 assistance for various community mental health services, shall be avail-
45 able for the designated purpose, less the amount, as certified by the
46 director of the budget, of any transfers from the general fund to the
47 tobacco control and insurance initiatives pool established pursuant to
48 section 2807-v of the public health law, to reflect the state savings
49 attributable to this program resulting from and increase in the federal
50 medical assistance percentage available to the state pursuant to the
51 applicable provisions of the federal social security act.
52 For payment of state financial assistance, net of disallowances, for
53 community mental health programs pursuant to article 41 and other
54 provisions of the mental hygiene law. The moneys so appropriated for
55 allocation to local governments and voluntary agencies for services
56 shall be available to reimburse or advance funds to local governments
S. 1406--B 370 A. 2106--B
1 and voluntary agencies for expenditures made or to be made during local
2 program years commencing January 1, 2003 or July 1, 2003 and for
3 advances for the period beginning January 1, 2004 for local governments
4 and voluntary agencies with program years beginning January 1.
5 Notwithstanding any other provision of law, and except for transfers
6 to the department of health to reimburse such department for the state
7 share of medical assistance payments and as modified below, such moneys
8 shall be available for obligations for the period commencing July 1,
9 2003 and ending June 30, 2004 and shall be available for expenditure
10 from July 1, 2003 through September 15, 2004.
11 No expenditures shall be made for such program prior to the approval
12 of a methodology for allocation in accordance with a plan approved by
13 the commissioner of mental health and the director of the budget with
14 copies to be filed with the chairpersons of the senate finance committee
15 and assembly ways and means committee. Furthermore, no expenditure shall
16 be made until a certificate of allocation has been approved by the
17 director of the budget with copies to be filed with the chairpersons of
18 the senate finance committee and the assembly ways and means committee.
19 The state comptroller is authorized to receive funds from the office of
20 mental health and is authorized to refund such moneys to the credit of
21 the local assistance account of the general fund for the purpose of
22 reimbursing the 2003-04 appropriation.
23 The amounts so appropriated may be transferred to other state agen-
24 cies, authorities, or accounts for expenditures incurred in the opera-
25 tion of programs funded by such appropriation.
26 § 72. Moneys appropriated in section 1 of the chapter of the laws of
27 2003 which enacts the health and mental hygiene budget to the office of
28 mental health under the enhanced community services program, from the
29 special revenue funds - other / aid to localities, HCRA transfer fund -
30 061, enhanced community services account, for services and expenses of
31 various adult and children's community mental health services, including
32 transfer to the department of health to reimburse such department for
33 the state share of medical assistance for various community mental
34 health services and for payment of state financial assistance, net of
35 disallowances, for community mental health programs pursuant to article
36 41 and other provisions of the mental hygiene law, when appropriated for
37 allocation to local governments and voluntary agencies for services
38 shall be available to reimburse or advance funds to local governments
39 and voluntary agencies for expenditures made or to be made during local
40 program years commencing January 1, 2003 or July 1, 2003 and for
41 advances for the period beginning January 1, 2004 for local governments
42 and voluntary agencies with program years beginning January 1.
43 Notwithstanding any other provision of law, and except for transfers
44 to the department of health to reimburse such department for the state
45 share of medical assistance payments and as modified below, such appro-
46 priation shall be available for obligations for the period commencing
47 July 1, 2003 and ending June 30, 2004 and shall be available for expend-
48 iture from July 1, 2003 through September 15, 2004.
49 No expenditures shall be made for such program prior to the approval
50 of a methodology for allocation in accordance with a plan approved by
51 the commissioner and the director of the budget with copies to be filed
52 with the chairpersons of the senate finance committee and the assembly
53 ways and means committee. Furthermore, no expenditure shall be made
54 until a certificate of allocation has been approved by the director of
55 the budget with copies to be filed with the chairpersons of the senate
56 finance committee and the assembly ways and means committee. The state
S. 1406--B 371 A. 2106--B
1 comptroller is hereby authorized to receive funds from the office of
2 mental health and is authorized to refund such moneys to the credit of
3 the enhanced community services account of the special revenue funds -
4 other HCRA transfer fund for the purpose of reimbursing the 2003-04
5 appropriation.
6 The amounts appropriated pursuant to such appropriation may be trans-
7 ferred to other state agencies, authorities, or accounts for expendi-
8 tures incurred in the operation of programs funded by such appropri-
9 ation.
10 § 73. Moneys appropriated in section 1 of the chapter of the laws of
11 2003 which enacts the health and mental hygiene budget to the office of
12 mental health under maintenance undistributed, from the special revenue
13 funds - other / state operations, HCRA transfer fund - 061, enhanced
14 community services account, as an offset to the general fund - state
15 purposes account within the enhanced community services program of the
16 office of mental health, for services and expenses related to mental
17 health initiatives including, but not limited to, adult transitional
18 residences located on the grounds of state psychiatric centers, chil-
19 dren's mobile mental health teams at office of children and family
20 services facilities, and monitoring and oversight of community mental
21 health programs, may be apportioned by the director of the budget to the
22 enhanced community services program of the office of mental health from
23 such appropriation by certificate of approval.
24 § 74. Moneys appropriated in section 1 of the chapter of the laws of
25 2003 which enacts the health and mental hygiene budget to the office of
26 mental health under maintenance undistributed, from the special revenue
27 funds - other / state operations, miscellaneous special revenue fund -
28 339, mental hygiene patient income account, as an offset to the general
29 fund - state purposes account within various office of mental health
30 programs, may be apportioned by the director of the budget to the vari-
31 ous programs of the office of mental health from such appropriation by
32 certificate of approval.
33 § 75. Moneys appropriated in section 1 of the chapter of the laws of
34 2003 which enacts the health and mental hygiene budget to the office of
35 mental health under the research in mental illness program, from the
36 special revenue funds - other / state operations, miscellaneous special
37 revenue funds - 339, OMH - research recovery account, for services and
38 expenses to support central administration, research associates, equip-
39 ment provided through external grants, travel, conference expenses,
40 including the annual research conference, contractual services, grant
41 writers to increase income from non-state sources, 27 research scien-
42 tists formerly supported by the general fund, and other research initi-
43 atives shall be disbursed through research foundation for mental
44 hygiene, inc. resources, including, but not limited to, indirect costs
45 recoveries, direct grant reimbursement, interest earnings and operating
46 balances.
47 § 76. Notwithstanding any inconsistent provision of law, moneys appro-
48 priated in section 1 of the chapter of the laws of 2003 which enacts the
49 health and mental hygiene budget to the office of mental health under
50 the community mental health facilities (CCP) from the capital projects
51 fund, minor rehabilitation purpose for state aid to municipalities and
52 other public and not-for-profit agencies for acquisition, rehabili-
53 tation, and/or improvements to existing community mental health facili-
54 ties as required to address code violations, health and safety issues,
55 and/or structural/mechanical deficiencies, the commissioner of the
56 office of mental health may provide state aid grants of up to 100 per
S. 1406--B 372 A. 2106--B
1 centum of reasonable capital costs associated with the acquisition,
2 rehabilitation, and/or improvements.
3 § 77. Notwithstanding any inconsistent provision of law and upon
4 approval of the director of the budget, moneys appropriated in section 1
5 of the chapter of the laws of 2003 which enacts the health and mental
6 hygiene budget to the office of mental health under community mental
7 health facilities (CCP) from the mental hygiene capital improvement fund
8 - 389 for:
9 (a) administration purpose, for payment of personal service and
10 nonpersonal service, including fringe benefits related to the adminis-
11 tration of the community capital program provided by the office of
12 mental health for new and reappropriated community capital projects,
13 upon request of the commissioner of mental health and approval by the
14 director of the budget, may be transferred to the dormitory authority of
15 the state of New York;
16 (b) preservation of facilities purpose, for the acquisition of proper-
17 ty, construction and rehabilitation of new facilities and/or relocation
18 of existing community mental health facilities under the auspice of
19 municipalities and other public and not-for-profit agencies, shall be
20 approved by the commissioner of the office of mental health, pursuant to
21 article 41 of the mental hygiene law; and
22 (c) new facilities purpose, for payment to municipalities and not-for-
23 profit community providers for the acquisition of property, design,
24 construction and rehabilitation of housing for mentally ill persons
25 shall be matched on a 50/50 basis up to eighty percent of such appropri-
26 ation.
27 § 78. Notwithstanding any inconsistent provision of law and upon
28 request of the commissioner of mental health and approval of the direc-
29 tor of the budget, moneys appropriated in section 1 of the chapter of
30 the laws of 2003 which enacts the health and mental hygiene budget to
31 the office of mental health under the design and construction super-
32 vision (CCP) from the:
33 (a) capital projects fund, preparation of plans purpose, for payment
34 to the design and construction management account of the centralized
35 services fund of the New York state office of general services or to the
36 dormitory authority of the state of New York for the purpose of prepara-
37 tion and review of plans, specifications, estimates, services,
38 construction management and supervision, inspection, studies,
39 appraisals, surveys, testing and environmental impact statements for new
40 and existing projects, may be transferred to the office of mental retar-
41 dation and developmental disabilities and the office of alcoholism and
42 substance abuse services for payment to the dormitory authority of the
43 state of New York for preparation of plans purpose; and
44 (b) mental hygiene capital improvement fund - 389, preparation of
45 plans purpose for payment to the design and construction management
46 account of the centralized services fund of the New York state office of
47 general services or to the dormitory authority of the state of New York
48 for the purpose of preparation and review of plans, specifications,
49 estimates, services, construction management and supervision,
50 inspection, studies, appraisals, surveys, testing and environmental
51 impact statements for new and existing projects may be transferred to
52 the dormitory authority of the state of New York. Upon approval of the
53 director of the budget, funds from such appropriation may be transferred
54 to the office of mental retardation and developmental disabilities and
55 the office of alcoholism and substance abuse services for payment to the
S. 1406--B 373 A. 2106--B
1 dormitory authority of the state of New York for preparation of plans
2 purpose.
3 § 79. Notwithstanding any inconsistent provision of law and upon
4 request of the commissioner of mental health and approval of the direc-
5 tor of the budget, moneys appropriated in section 1 of the chapter of
6 the laws of 2003 which enacts the health and mental hygiene budget to
7 the office of mental health under executive direction (CCP) from the
8 mental hygiene capital improvement fund - 389, administration purpose
9 for payment of personal service and nonpersonal service, including
10 fringe benefits, related to the administration of the capital programs
11 provided by the office of mental health for new and reappropriated state
12 operated institutional capital projects, may be transferred to the
13 dormitory authority of the state of New York.
14 § 80. Notwithstanding any inconsistent provision of law, no expendi-
15 tures may be made from moneys appropriated in section 1 of the chapter
16 of the laws of 2003 which enacts the health and mental hygiene budget to
17 the office of mental health under maintenance and improvement of exist-
18 ing facilities (CCP) from the capital projects fund for:
19 (a) health and safety, for payment of the cost of construction, recon-
20 struction and improvements, including the preparation of designs, plans,
21 specifications and estimates, for health and safety improvements to
22 existing facilities and programs, until a comprehensive plan of projects
23 has been approved by the director of the budget. Upon request of the
24 commissioner of mental health and approval by the director of the budg-
25 et, such appropriation may be transferred to the dormitory authority of
26 the state of New York;
27 (b) preservation of facilities purpose for payment of the cost of
28 construction, reconstruction and improvements, including the preparation
29 of designs, plans, specifications and estimates to existing facilities
30 and programs, until a comprehensive plan of projects has been approved
31 by the director of the budget; and
32 (c) minor rehabilitation purpose for minor alterations and improve-
33 ments to various facilities, including the payment of liabilities
34 incurred prior to April 1, 2003, until a comprehensive plan of projects
35 has been approved by the director of the budget.
36 § 81. Notwithstanding any inconsistent provision of law and upon
37 request of the commissioner of mental health and subject to approval by
38 the director of the budget, moneys appropriated in section 1 of the
39 chapter of the laws of 2003 which enacts the health and mental hygiene
40 budget to the office of mental health under maintenance and improvement
41 of existing facilities (CCP) from the capital projects fund for energy
42 conservation purpose for payment of the cost of construction, recon-
43 struction and improvements, including the preparation of designs, plans,
44 specifications and estimates for energy conservation improvements to
45 existing facilities and programs, may be transferred to the dormitory
46 authority of the state of New York.
47 § 82. No expenditure of moneys appropriated in section 1 of the chap-
48 ter of the laws of 2003 which enacts the health and mental hygiene budg-
49 et to the office of mental health under maintenance and improvement of
50 existing facilities (CCP), from the mental hygiene capital improvement
51 fund - 389:
52 (a) health and safety purpose, for payment of the cost of
53 construction, reconstruction and improvements, including the preparation
54 of designs, plans, specifications and estimates, for health and safety
55 improvements to existing facilities and programs, may be made until a
56 comprehensive plan of projects has been approved by the director of the
S. 1406--B 374 A. 2106--B
1 budget. Upon request of the commissioner of mental health and approval
2 by the director of the budget, such appropriation may be transferred to
3 the dormitory authority of the state of New York;
4 (b) preservation of facilities purpose, for payment of the cost of
5 construction, reconstruction and improvements, including the preparation
6 of designs, plans, specifications and estimates, and minor rehabili-
7 tation and improvements for the preservation of existing facilities and
8 programs, may be made until a comprehensive plan of projects has been
9 approved by the director of the budget. Upon request of the commissioner
10 of mental health and approval by the director of the budget, such appro-
11 priation may be transferred to the dormitory authority of the state of
12 New York; and
13 (c) program improvement or program change purpose, for payment of the
14 cost of construction, reconstruction and improvements, including the
15 preparation of designs, plans, specifications and estimates related to
16 improvements or changes to existing facilities and programs, may be made
17 until a comprehensive plan of projects has been approved by the director
18 of the budget. Upon request of the commissioner of mental health and
19 approval by the director of the budget, such appropriation may be trans-
20 ferred to the dormitory authority of the state of New York.
21 § 83. Upon request of the commissioner of mental health and approval
22 by the director of the budget, moneys appropriated in section 1 of the
23 chapter of the laws of 2003 which enacts the health and mental hygiene
24 budget under maintenance and improvement of existing facilities (CCP),
25 from the mental hygiene capital improvement fund - 389:
26 (a) accreditation purpose, for payment of the cost of land acquisi-
27 tion, construction, reconstruction and improvements, including the prep-
28 aration of designs, plans, specifications and estimates related to
29 accreditation improvements to existing facilities and programs, may be
30 transferred to the dormitory authority of the state of New York; and
31 (b) environmental protection or improvements purpose, for payment of
32 the cost of construction, reconstruction and improvements, including the
33 preparations of designs, plans, specifications and estimates for envi-
34 ronmental protection, may be transferred to the dormitory authority of
35 the state of New York.
36 § 84. Upon request of the commissioner of mental health and approval
37 of the director of the budget, moneys appropriated in section 1 of the
38 chapter of the laws of 2003 which enacts the health and mental hygiene
39 budget under non-bondable projects (CCP), from the capital projects
40 fund, non-bondable purpose, for transfer to the mental hygiene capital
41 improvement fund for reimbursement of the non-bondable cost of projects
42 for community facilities authorized by appropriations or reappropri-
43 ations funded from the mental hygiene capital improvement fund including
44 liabilities incurred prior to April 1, 2003 or for payment to the dormi-
45 tory authority of the state of New York for defeasance of bonds, may be
46 transferred to the dormitory authority of the state of New York.
47 OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
48 § 85. Notwithstanding any inconsistent provision of law, moneys appro-
49 priated in section 1 of the chapter of the laws of 2003 which enacts the
50 health and mental hygiene budget to the office of mental retardation and
51 developmental disabilities under the community services program from the
52 general fund / state operations, state purposes account - 003, for
53 personal service, shall be available for the designated purposes, less
54 the amount, as certified by the director of the budget, of any transfers
S. 1406--B 375 A. 2106--B
1 from the general fund to the tobacco control and insurance initiatives
2 pool established pursuant to section 2807-v of the public health law, to
3 reflect the state savings attributable to this program resulting from an
4 increase in the federal medical assistance percentage available to the
5 state pursuant to the applicable provisions of the federal social secu-
6 rity act.
7 § 86. Notwithstanding any inconsistent provision of law, moneys appro-
8 priated in section 1 of the chapter of the laws of 2003 which enacts the
9 health and mental hygiene budget to the office of mental retardation and
10 developmental disabilities under the community services program from the
11 general fund / aid to localities, local assistance account - 001:
12 (a) for services and expenses of the community services program, net
13 of disallowances, for community mental retardation and developmental
14 disabilities programs pursuant to article 41 of the mental hygiene law,
15 and/or chapter 620 of the laws of 1974, chapter 660 of the laws of 1977,
16 chapter 412 of the laws of 1981, chapter 27 of the laws of 1987, chapter
17 729 of the laws of 1989, chapter 329 of the laws of 1993 and other
18 provisions of the mental hygiene law, advances and reimbursement made
19 pursuant to subdivision (d) of section 41.15 and section 41.18 of the
20 mental hygiene law shall be apportioned pursuant to a plan and in a
21 manner prescribed by the agency head and approved by the director of the
22 budget. No expenditure shall be made until a certificate of allocation
23 has been approved by the director of the budget and copies thereof filed
24 with the state comptroller, and the chairs of the senate finance and
25 assembly ways and means committees. The moneys hereby appropriated are
26 available to reimburse or advance localities and voluntary non-profit
27 agencies for expenditures made during local fiscal periods commencing
28 January 1, 2003, April 1, 2003 or July 1, 2003, and for advances for the
29 3 month period beginning January 1, 2004.
30 Notwithstanding the provisions of article 41 of the mental hygiene law
31 or any rule or regulation, the commissioner of mental retardation and
32 developmental disabilities, with the approval of the director of the
33 budget, may contract with voluntary agencies that are receiving, or are
34 eligible to receive, state aid directly or through written agreements
35 with local governments pursuant to article 41 of the mental hygiene law.
36 Such commissioner, pursuant to such contract and in the manner provided
37 therein, may pay all or a portion of the expenses incurred by such
38 voluntary agencies arising out of loans which are funded from the
39 proceeds of bonds and notes issued by the dormitory authority of the
40 state of New York. Such expenses may include, but shall not be limited
41 to, amounts relating to principal and interest and any other fees and
42 charges arising from such loans.
43 Reimbursement from such appropriation for services delivered under the
44 medical assistance program shall be pursuant to economic and efficient
45 rates of payments, which recognize consumer choice, established by such
46 commissioner, and approved by the director of the budget.
47 The director of the budget is authorized to make suballocations from
48 such appropriation to the department of health medical assistance
49 program.
50 The amount so appropriated shall be available for the designated
51 purposes, less the amount, as certified by the director of the budget,
52 of any transfers from the general fund to the tobacco control and insur-
53 ance initiatives pool established pursuant to section 2807-v of the
54 public health law, to reflect the state savings attributable to such
55 program resulting from an increase in the federal medical assistance
S. 1406--B 376 A. 2106--B
1 percentage available to the state pursuant to the applicable provisions
2 of the federal social security act.
3 Moneys from such appropriation may be used for state aid of up to 100
4 percent of the net deficit costs of day training programs.
5 Moneys from such appropriation may be used for expenses incurred by
6 the office of mental retardation and developmental disabilities that may
7 arise from the assumption of operational responsibility for programs
8 when operating certificates for such programs cease to be in effect.
9 Pursuant to criteria established by the commissioner of the office of
10 mental retardation and developmental disabilities and approved by the
11 director of the budget, expenditures may be made from such appropriation
12 for residential facilities which are pending recertification as interme-
13 diate care facilities for the developmentally disabled.
14 Moneys from such appropriation may be used for state aid of up to 100
15 percent of the net operating costs related to the provision of family
16 support services, including up to $225,000 for services to persons with
17 epilepsy. Up to $315,000 of such moneys shall be made available to the
18 epilepsy coalition of New York state.
19 Notwithstanding the provisions of section 41.36 of the mental hygiene
20 law, moneys from such appropriation may be used for payment up to $250
21 per year per client, at such times and in such manner as determined by
22 such commissioner on the basis of financial need for the personal needs
23 of each client residing in voluntary-operated community residences and
24 voluntary-operated community residential alternatives, including indi-
25 vidualized residential alternatives under the home and community based
26 services waiver. Such commissioner shall, subject to the approval of the
27 director of the budget, alter existing advance payment schedules for
28 voluntary-operated community residences established pursuant to subdivi-
29 sion (h) of section 41.36 of the mental hygiene law.
30 Notwithstanding the provisions of section 16.23 of the mental hygiene
31 law, with relation to the operation of certified family care homes,
32 including family care homes sponsored by voluntary not-for-profit agen-
33 cies, moneys from such appropriation may be used for payments to
34 purchase general services including but not limited to respite provid-
35 ers, up to a maximum of 14 days, at rates to be established by such
36 commissioner and approved by the director of the budget in consideration
37 of factors including, but not limited to, geographic area and number of
38 clients cared for in the home and for payment at the rate of $600 per
39 year on the basis of financial need for the personal needs of each
40 client residing in the family care home. Notwithstanding the provisions
41 of subdivision 12 of section 8 of the state finance law, moneys from
42 such appropriation may be used for expenses of family care homes includ-
43 ing payments to operators of certified family care homes for damages
44 caused by clients to personal and real property in accordance with stan-
45 dards established by such commissioner and approved by the director of
46 the budget.
47 Moneys from such appropriation may be used for appropriate day program
48 services and residential services including, but not limited to, direct
49 housing subsidies to individuals, start-up expenses for family care
50 providers, environmental modifications, adaptive technologies,
51 appraisals, property options, feasibility studies and preoperational
52 expenses.
53 Moneys from such appropriation may be used for the operation of clin-
54 ics licensed pursuant to article 16 of the mental hygiene law and oper-
55 ated by voluntary non-profit providers, for appropriate clinical
56 services including, but not limited to, supportive and habilitative
S. 1406--B 377 A. 2106--B
1 services consistent with the home and community based services waiver.
2 Such appropriation amount shall be net of refunds, rebates, reimburse-
3 ments, and credits; and
4 (b) for services and expenses associated with the NYS-CARES initiative
5 related to the operation of certified and non-certified voluntary oper-
6 ated community residential program alternatives including family care
7 and community day program alternatives consistent with economic and
8 efficient rates of payment and amounts, which recognize consumer choice,
9 established by the commissioner of mental retardation and developmental
10 disabilities, and approved by the director of the budget may be used for
11 appropriate day program services and residential services including, but
12 not limited to, start up expenses, environmental modifications, adaptive
13 technologies, appraisals, property options, feasibility studies and
14 preoperational expenses. The director of the budget is authorized to
15 make suballocations from such appropriation to the department of health
16 medical assistance program.
17 § 87. Notwithstanding any inconsistent provision of law, a portion of
18 the funds appropriated in section 1 of the chapter of the laws of 2003
19 which enacts the health and mental hygiene budget to the office of
20 mental retardation and developmental disabilities under the community
21 services program from the special revenue funds - other / aid to locali-
22 ties, miscellaneous special revenue fund - 339, OMRDD - provider of
23 service account, for services and expenses related to mental retardation
24 and developmental disabilities in accordance with a programmatic and
25 fiscal plan to be approved by the director of the budget, may, subject
26 to the approval of the director of the budget, be transferred to state
27 operations to support administration of the program. The director of
28 the budget is authorized to make suballocations from such appropriation
29 to the department of health medical assistance program.
30 § 88. Notwithstanding any inconsistent provision of law, no payments
31 shall be made from the moneys appropriated in section 1 of the chapter
32 of the laws of 2003 which enacts the health and mental hygiene budget to
33 the office of mental retardation and developmental disabilities under
34 the community services program from the fiduciary funds / aid to locali-
35 ties, combined nonexpendable trust fund - 332, VOICF/HCBS advance
36 account for the provision of temporary loans to voluntary providers to
37 address short term delays in medical assistance reimbursement within the
38 first 12 months of operation, provided, until a written repayment agree-
39 ment is entered into between the office of mental retardation and devel-
40 opmental disabilities and the appropriate provider agency, subject to
41 the approval of the director of the budget. Each and every such repay-
42 ment agreement shall include a repayment schedule which states the date
43 or dates on which the amount of each part or all of the expenditures
44 from such appropriation shall be repaid to the state and shall contain
45 such other terms and conditions as determined by the director of the
46 budget.
47 § 89. Notwithstanding any inconsistent provision of law, moneys appro-
48 priated in section 1 of the chapter of the laws of 2003 which enacts the
49 health and mental hygiene budget to the office of mental retardation and
50 developmental disabilities under maintenance undistributed from the
51 general fund / state operations, state purposes account - 003, as an
52 offset in special revenue funds - other, miscellaneous special revenue
53 fund - 339, mental hygiene patient income account and special revenue
54 funds - other, miscellaneous special revenue fund - 339, office of
55 mental retardation and developmental disabilities nonpersonal service
56 patient income account shall reduce general fund appropriations within
S. 1406--B 378 A. 2106--B
1 the various programs of the office of mental retardation and develop-
2 mental disabilities funded from the state purposes account.
3 § 90. Notwithstanding any inconsistent provision of law, moneys appro-
4 priated in section 1 of the chapter of the laws of 2003 which enacts the
5 health and mental hygiene budget to the office of mental retardation and
6 developmental disabilities under maintenance undistributed from the
7 special revenue funds - other / state operations, miscellaneous special
8 revenue fund - 339, mental hygiene patient income account as an offset
9 to the general fund - state purposes account within various office of
10 mental retardation and developmental disabilities programs are hereby
11 authorized to be apportioned by the director of the budget to the vari-
12 ous programs of this agency from such appropriation by certificate of
13 approval.
14 § 91. Upon the request of the commissioner of the office of mental
15 retardation and developmental disabilities and the approval of the
16 director of the budget, moneys appropriated in section 1 of the chapter
17 of the laws of 2003 which enacts the health and mental hygiene budget to
18 the office of mental retardation and developmental disabilities, under
19 the design and construction supervision (CCP) from the capital projects
20 fund, preparation of plans purpose, for payment to the design and
21 construction management account of the centralized services fund of the
22 New York state office of general services or to the dormitory authority
23 for the purpose of preparation and review of plans, specifications,
24 estimates, services, construction management and supervision,
25 inspection, studies, appraisals, surveys, testing and environmental
26 impact statements for new and existing projects associated with the
27 community services and institutional services programs, may be trans-
28 ferred to the dormitory authority of the state of New York. Upon
29 approval by the director of the budget, funds from such appropriation
30 may be transferred to the office of mental health and the office of
31 alcoholism and substance abuse services for payment to the dormitory
32 authority of the state of New York for the preparation of plans purpose.
33 § 92. Upon the request of the commissioner of the office of mental
34 retardation and developmental disabilities and the approval of the
35 director of the budget, moneys appropriated in section 1 of the chapter
36 of the laws of 2003 which enacts the health and mental hygiene budget to
37 the office of mental retardation and developmental disabilities, under
38 the design and construction supervision (CCP) from the mental hygiene
39 capital improvement fund - 389, preparation of plans purpose, for
40 payment to the design and construction management account of the
41 centralized services fund of the New York state office of general
42 services or to the dormitory authority for the purpose of preparation
43 and review of plans, specifications, estimates, services, construction
44 management and supervision, inspection, studies, appraisals, surveys,
45 testing and environmental impact statements for new and existing
46 projects associated with the institutional services program and the
47 community services program, may be transferred to the dormitory authori-
48 ty of the state of New York. Upon approval by the director of the budg-
49 et, funds from such appropriation may be transferred to the office of
50 mental health and the office of alcoholism and substance abuse services
51 for payment to the dormitory authority of the state of New York for the
52 preparation of plans purpose.
53 § 93. Upon the request of the commissioner of the office of mental
54 retardation and developmental disabilities and approval by the director
55 of the budget, moneys appropriated in section 1 of the chapter of the
56 laws of 2003 which enacts the health and mental hygiene budget to the
S. 1406--B 379 A. 2106--B
1 office of mental retardation and developmental disabilities under the
2 institutional services program (CCP) from the capital projects fund:
3 (a) health and safety purpose, for alterations and improvements for
4 health and safety projects at various facilities, may be transferred to
5 the dormitory authority of the state of New York; and
6 (b) preservation of facilities purpose, for minor maintenance, preser-
7 vation and alterations of facilities on the grounds of former develop-
8 mental centers, may be transferred to the dormitory authority of the
9 state of New York.
10 § 94. Moneys appropriated in section 1 of the chapter of the laws of
11 2003 which enacts the health and mental hygiene budget to the office of
12 mental retardation and developmental disabilities under the institu-
13 tional services program (CCP) from the capital projects fund, preserva-
14 tion of facilities purpose, for alterations and improvements for preser-
15 vation of various facilities including rehabilitation projects, may be
16 used for the cost of potential claims against contracts awarded by the
17 dormitory authority of the state of New York or the facilities develop-
18 ment corporation. Upon request of the commissioner of the office of
19 mental retardation and developmental disabilities and approval by the
20 director of the budget, such appropriation may be transferred to the
21 dormitory authority of the state of New York.
22 § 95. Moneys appropriated in section 1 of the chapter of the laws of
23 2003 which enacts the health and mental hygiene budget to the office of
24 mental retardation and developmental disabilities, under the institu-
25 tional services program (CCP) from the mental hygiene capital improve-
26 ment fund - 389, health and safety purpose, for alterations and improve-
27 ments for health and safety projects at various facilities, may be used
28 for the cost of potential claims against contracts awarded by the dormi-
29 tory authority of the state of New York or the facilities development
30 corporation. Upon request of the commissioner of the office of mental
31 retardation and developmental disabilities and approval by the director
32 of the budget, such appropriation may be transferred to the dormitory
33 authority of the state of New York.
34 § 96. Upon the request of the commissioner of the office of mental
35 retardation and developmental disabilities and the approval of the
36 director of the budget, moneys appropriated in section 1 of the chapter
37 of the laws of 2003 which enacts the health and mental hygiene budget to
38 the office of mental retardation and developmental disabilities under
39 non-bondable projects (CCP) from the transfer to the mental hygiene
40 capital improvement fund for reimbursement of non-bondable costs of
41 projects authorized by appropriations or reappropriations funded from
42 the mental hygiene capital improvement fund including liabilities
43 incurred prior to April 1, 2003 or for payment to the dormitory authori-
44 ty of the state of New York for defeasance of bonds, may be transferred
45 to the dormitory authority of the state of New York.
46 § 97. Upon the request of the commissioner of the office of mental
47 retardation and developmental disabilities and the approval of the
48 director of the budget, moneys appropriated in section 1 of the chapter
49 of the laws of 2003 which enacts the health and mental hygiene budget to
50 the office of mental retardation and developmental disabilities under
51 the state-operated community services program (CCP) from the capital
52 projects fund for:
53 (a) administration purpose, for payment of personal service and
54 nonpersonal service costs related to the administration of capital
55 projects for new and reappropriated appropriations, may be transferred
56 to the dormitory authority of the state of New York;
S. 1406--B 380 A. 2106--B
1 (b) preservation of facilities purpose, for renovation and minor reha-
2 bilitation and improvements of state-owned community residential and day
3 program facilities for the developmentally disabled, may be transferred
4 to the dormitory authority of the state of New York; and
5 (c) new facilities purpose, for alterations and improvements of sites
6 leased for state-operated programs, and for the purchase of furniture
7 and equipment for state-operated programs, may be transferred to the
8 dormitory authority of the state of New York.
9 § 98. Upon the request of the commissioner of the office of mental
10 retardation and developmental disabilities and the approval of the
11 director of the budget, moneys appropriated in section 1 of the chapter
12 of the laws of 2003 which enacts the health and mental hygiene budget to
13 the office of mental retardation and developmental disabilities under
14 the state-operated community services program (CCP) from the mental
15 hygiene capital improvement fund - 389 for:
16 (a) preservation of facilities purpose, for renovation and minor reha-
17 bilitation and improvements of state-owned community residential and day
18 program facilities for the developmentally disabled, may be transferred
19 to the dormitory authority of the state of New York; and
20 (b) new facilities purpose, for the acquisition and alterations and
21 improvements of property to be used as state-operated community residen-
22 tial facilities, may be transferred to the dormitory authority of the
23 state of New York. Upon request of the commissioner of the office of
24 mental retardation and developmental disabilities, and approval by the
25 director of the budget, such appropriation may be used for the acquisi-
26 tion and alterations and improvements of property to be used as not-for-
27 profit facilities licensed pursuant to articles 16 and 41 of the mental
28 hygiene law.
29 § 99. Moneys appropriated in section 1 of the chapter of the laws of
30 2003 which enacts the health and mental hygiene budget to the office of
31 mental retardation and developmental disabilities under the voluntary-
32 operated community facilities (CCP) from the capital projects fund for:
33 (a) preservation of facilities purpose, for state aid, to munici-
34 palities and other public and not-for-profit agencies, including the
35 payment of liabilities incurred prior to April 1, 2003, shall be used
36 for up to 100 per centum of the net cost of services and expenses
37 related to the maintenance and improvement of voluntary not-for-profit
38 provider operated community residential and day service programs; and
39 (b) new facilities purpose, for state aid, to municipalities and other
40 public and not-for-profit agencies, including the payment of liabilities
41 incurred prior to April 1, 2003 shall be used for up to 100 per centum
42 of the net cost of feasibility studies, property options, capital reno-
43 vations, acquisition of property, construction, rehabilitation and capi-
44 tal costs incidental and appurtenant to facilities required to be
45 licensed pursuant to article 16, as defined in the mental hygiene law,
46 and for services and expenses related to environmental modifications and
47 adaptive technology services at voluntary not-for-profit provider oper-
48 ated community residential facilities, certified family care homes and
49 private residences, as a loan and/or grant to family care providers, for
50 payment to other state and federal housing agencies, private corpo-
51 rations and for capital development of residential housing or day
52 program alternatives not currently defined in the mental hygiene law.
53 § 100. Moneys appropriated in section 1 of the chapter of the laws of
54 2003 which enacts the health and mental hygiene budget to the office of
55 mental retardation and developmental disabilities under the voluntary-
56 operated community facilities (CCP) from the mental hygiene capital
S. 1406--B 381 A. 2106--B
1 improvement fund - 389, community facilities purpose, shall be used for
2 the comprehensive construction programs, purposes and projects as so
3 specified, and for departmental administrative costs related thereto,
4 consistent with section 41.34 of the mental hygiene law, and for the
5 acquisition of property, construction and rehabilitation, including the
6 payment of preoperational costs incurred prior to occupancy, of article
7 16 community mental retardation facilities and associated programs and
8 facilities and under the auspice of municipalities and other public and
9 not-for-profit private agencies approved by the commissioner of the
10 office of mental retardation and developmental disabilities, pursuant to
11 article 41 of the mental hygiene law and for management fees associated
12 with voluntary not-for-profit operated projects to be financed through
13 dormitory authority of the state of New York bonds.
14 COMMISSION ON QUALITY OF CARE FOR THE MENTALLY DISABLED
15 § 101. Notwithstanding any inconsistent provision of law, moneys
16 appropriated in section 1 of the chapter of the laws of 2003 which
17 enacts the health and mental hygiene budget to the office of mental
18 retardation and developmental disabilities under the administration
19 program from the special revenue funds - federal / state operations,
20 federal health and human services fund - 265, for services and expenses
21 associated with federal grant awards yet to be allocated are authorized
22 to be transferred by the director of the budget, along with appropri-
23 ation authority, to any other federal fund or program within the commis-
24 sion on quality of care for the mentally disabled.
25 DEPARTMENT OF HEALTH
26 § 102. Notwithstanding any inconsistent provision of law, with respect
27 to the moneys appropriated in section 2 of the chapter of the laws of
28 2003 which enacts the health and mental hygiene budget to the department
29 of health from the fiduciary funds / aid to localities, miscellaneous
30 New York state agency fund - 169, medical assistance restitution
31 account, for direct payment or transfer to other funds as restitution to
32 the federal, state and local governments, and when appropriate, payments
33 to contractors, of funds collected from providers participating in the
34 medical assistance program through recovery of overpayments and third
35 party activities including $1,250,000 to be transferred to the depart-
36 ment of health third-party health insurance recoveries account, miscel-
37 laneous special revenue fund - 339, for activities related to the medi-
38 caid management information system and third-party health insurance
39 recoveries and $3,700,000 to be transferred to the department of health
40 recoveries and revenue account, miscellaneous special revenue fund -
41 339, for activities related to provider fraud recoveries and revenue
42 maximization, contractor fees may be shared between the state and local
43 social services districts, after first deducting therefrom any federal
44 funds properly received or to be received on account thereof. Notwith-
45 standing section 40 of the state finance law, such appropriation shall
46 remain in effect until March 31, 2005. Notwithstanding any other
47 provision of law to the contrary, upon the advice of the commissioner of
48 health, the director of the budget may transfer or suballocate any of
49 the amounts so appropriated to the department of health.
50 § 103. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2003; provided,
52 however, that, the provisions set forth in this act relating to certain
S. 1406--B 382 A. 2106--B
1 moneys appropriated in the chapter of the laws of 2003 which enacts the
2 health and mental hygiene budget, shall continue in effect for the peri-
3 od of effectiveness of such appropriations and any subsequent reappro-
4 priations thereof.
5 PART P2
6 Section 1. The state comptroller is hereby authorized and directed to
7 loan money in accordance with the provisions set forth in subdivision 5
8 of section 4 of the state finance law to the following funds and/or
9 accounts:
10 1. Tuition reimbursement fund (050):
11 a. Proprietary vocational school supervision account (02).
12 2. Local government records management improvement fund (052):
13 a. Local gov't records management account (01).
14 3. Dedicated highway and bridge trust fund (072):
15 a. Highway and bridge capital account (01).
16 4. State parks infrastructure trust fund (076):
17 a. State parks infrastructure account (01).
18 5. Clean water/clean air implementation fund (079).
19 6. State lottery fund (160).
20 7. Medicaid management information system escrow fund (179).
21 8. Federal USDA-food and nutrition services fund (261):
22 a. 2003 child and adult food care grant account.
23 b. 2002 child and adult food care grant account.
24 c. 2003 federal food and nutrition services account.
25 d. 2002 federal food and nutrition services account.
26 9. Federal health and human services fund (265):
27 a. Miscellaneous agencies (80).
28 b. 2003 children's health insurance account.
29 c. 2002 children's health insurance account.
30 10. Federal block grant fund (269):
31 a. 2003 maternal and child health services block grant.
32 b. 2002 maternal and child health services block grant.
33 c. 2003 preventive health and human services block grant (N5).
34 d. 2002 preventive health and human services block grant.
35 e. 2003 abstinence education grant (N8).
36 f. 2002 abstinence education grant.
37 g. 2003 individuals with disabilities education act-part c (54).
38 h. 2002 individuals with disabilities education act-part c.
39 11. Federal operating grants fund (290):
40 a. National recreation trail act grants (07).
41 b. State side land and water conservation act (08).
42 c. Historic preservation grants (13).
43 d. Division of human rights federal housing assistance (19).
44 e. Division of military and naval affairs training sites (30).
45 f. FTA program management account (34).
46 g. Division of military and naval affairs army and national guard
47 contract (35).
48 h. Division of military and naval affairs air national guard contract
49 (36).
50 i. Division of military and naval affairs air national guard security
51 guards (38).
52 j. HUD section 8 administration fees (42).
53 k. Division of military and naval affairs emergency management account
54 l. Highway safety section 402 account (54).
S. 1406--B 383 A. 2106--B
1 m. HUD - emergency shelter grants (75).
2 n. Federal library services technology act account (90).
3 o. Federal energy management account - state heating oil program (AE).
4 p. HUD - HOPWA automated (AK).
5 q. Federal McKinney homeless grant program (AY).
6 r. National park rehab (A1).
7 s. Encon ISTEA (A9).
8 t. Division of veterans' affairs - veterans' education account (B5).
9 u. FTA program management account (FT).
10 v. Division of human rights federal equal opportunity (G1).
11 w. National community service fund (JA).
12 x. Rural and small urban transit aid account (L2).
13 y. Federal housing and urban development account-local planning (L3).
14 z. Urban mass transportation administration account-local planning
15 (L4).
16 aa. Federal fund for pipeline safety account - 1983 pipeline safety
17 grant (L8).
18 bb. Foster care and adoption (W6).
19 cc. Encon agriculture (Y1).
20 dd. Encon commerce (Y2).
21 ee. Wildlife restoration (Y3).
22 ff. Encon EPA (Y4).
23 gg. Interior non wildlife (Y7).
24 hh. Air pollution control (Y8).
25 ii. Hazardous waste (Y9).
26 jj. Army (YO).
27 kk. Protection and advocacy for beneficiaries of social security (2I).
28 ll. COPSMORE 98 grant (2P).
29 mm. 2003 Safe drinking water.
30 nn. 2002 Safe drinking water.
31 oo. 2003 State indoor radon.
32 pp. 2002 State indoor radon.
33 qq. 2003 Asbestos compliance monitoring.
34 rr. 2002 Asbestos compliance monitoring.
35 ss. 2003 pollution prevention for the health care industry.
36 tt. 2002 pollution prevention for the health care industry.
37 uu. 2003 hazardous air pollutants and acute asthma in urban areas.
38 vv. 2002 hazardous air pollutants and acute asthma in urban areas.
39 ww. 2003 summer food grant.
40 xx. 2002 summer food grant.
41 yy. OCA - federal grants for drug court accounts.
42 zz. Lead based paint program account (CH).
43 aaa. Manufacturing extension partnership account.
44 12. Federal capital projects fund (291).
45 13. Sewage treatment program management and administration fund (300).
46 14. Environmental conservation special revenue fund (301):
47 a. Hazardous bulk storage account (F7).
48 b. Utility environmental regulation account (H4).
49 c. Low level radioactive waste siting account (K5).
50 d. Recreation account (K6).
51 e. Conservationist magazine account (S4).
52 f. Environmental regulatory account (S5).
53 g. Mined land reclamation program account (XB).
54 15. Environmental protection and oil spill compensation fund (303).
55 16. Hazardous waste remedial fund (312):
56 a. Site investigation and construction account (01).
S. 1406--B 384 A. 2106--B
1 b. Hazardous waste clean up account.
2 17. Mass transportation operating assistance fund (313):
3 a. Public transportation systems account (01).
4 b. Metropolitan mass transportation (02).
5 18. Clean air fund (314):
6 a. Operating permit program account (01).
7 b. Mobile source account (02).
8 19. Centralized services account (323).
9 20. Agency enterprise fund (331):
10 a. OGS convention center account (55).
11 21. Agencies internal service fund (334):
12 a. Transportation print shop account (01).
13 b. Archives records management account (02).
14 c. Civil recoveries account (03).
15 d. Quick copy center account (07).
16 e. Civil service law: sec 11 admin account (09).
17 f. Civil service EHS DOCS evening shift service (10).
18 g. Banking services account (12).
19 h. Cultural resources survey account (14).
20 i. Neighborhood work project (17).
21 j. Automation & printing chargeback account (18).
22 k. OFT NYT account (20).
23 l. Entrepreneur technology (21).
24 m. Data center account (23).
25 n. Human service telecom account (24).
26 o. NEXTSTEP account (25).
27 p. OMRDD copy center account (26).
28 22. Miscellaneous special revenue fund (339):
29 a. Adoption information registry account (01).
30 b. Statewide planning and research cooperative system account (03).
31 c. New York state thruway authority account (08).
32 d. Financial control board account (15).
33 e. New York metropolitan transportation council account (17).
34 f. Quality of care account (20).
35 g. Certificate of need account (26).
36 h. Education museum account (31).
37 i. Hospital and nursing home management account (44).
38 j. State university dormitory income reimbursable account (47).
39 k. Energy research account (60).
40 l. Criminal justice improvement account (62).
41 m. Environmental laboratory reference fee account (81).
42 n. Clinical laboratory reference fee account (90).
43 o. Public employment relations board account (93).
44 p. Radiological health protection account (95).
45 q. Education library account (A3).
46 r. Banking department account (A5).
47 s. Cable television account (A6).
48 t. Hospital based grants program account (AF).
49 u. Indirect cost recovery account (AH).
50 v. High school equivalency program account (AI).
51 w. DOH administration account (AP).
52 x. Rail safety inspection account (AQ).
53 y. Administrative reimbursement account (AR).
54 z. Child support incentive revenue account (AX).
55 aa. Multi-agency training account (AY).
56 bb. Insurance department account (B6).
S. 1406--B 385 A. 2106--B
1 cc. Industry and utility service account (BK).
2 dd. Real property disposition account (BP).
3 ee. Parking account (BQ).
4 ff. Asbestos safety training program account (BW).
5 gg. Improvement of real property tax administration account (BZ).
6 hh. Public service account (C3).
7 ii. Plant industry account (CZ).
8 jj. Batavia school for the blind account (D9).
9 kk. Financial oversight account (DI).
10 ll. Regulation of indian gaming account (DT).
11 mm. Special conservation activities account (DU).
12 nn. Office of the professions account (E3).
13 oo. Rome school for the deaf account (E6).
14 pp. Seized assets account (E8).
15 qq. Administrative adjudication account (E9).
16 rr. Federal salary sharing account (EC).
17 ss. Examination and miscellaneous revenue account (ER).
18 tt. Transportation regulation account (F1).
19 uu. Consumer protection account (F2).
20 vv. State student financial aid audit account (FA).
21 ww. Education archives account (G1).
22 xx. Local services account (G3).
23 yy. Division of housing and community renewal housing information
24 systems special revenue account (H1).
25 zz. Housing special revenue account (H2).
26 aaa. Department of motor vehicles compulsory insurance account (H7).
27 bbb. Housing credit agency application fee account (J5).
28 ccc. EPIC premium account (J6).
29 ddd. Adult cystic fibrosis program account (L5).
30 eee. Federal gasoline and diesel fuel excise tax account (L6).
31 fff. Administrative reimbursement account (L7).
32 ggg. Maternal and child HIV services account (LC).
33 hhh. Low income housing credit monitoring fee account (NG).
34 iii. Procurement opportunities newsletter account (P4).
35 jjj. Corporation administration account (P6).
36 kkk. Montrose veteran's home account (Q6).
37 lll. Excelsior capital corporation reimbursement account (R1).
38 mmm. Motor fuel quality account (R4).
39 nnn. Weights and measures account (R5).
40 ooo. Deferred compensation administration account (R7).
41 ppp. Rent revenue other account (RR).
42 qqq. Batavia medicaid income account (S1).
43 rrr. Rent revenue account (S8).
44 sss. Solid waste management account (W3).
45 ttt. Occupational health clinics account (W4).
46 uuu. Cultural education account.
47 vvv. Forge-proof prescriptions account (RX).
48 www. Vital records management account.
49 xxx. OMRDD provider of service account.
50 yyy. Regulation of racing account.
51 zzz. Statewide gaming account.
52 23. State university income fund (345):
53 a. State university general income offset account (11).
54 24. State police and motor vehicle law enforcement fund (354):
55 a. State police motor vehicle law enforcement account (02).
56 25. Youth facilities improvement fund (357):
S. 1406--B 386 A. 2106--B
1 a. Youth facilities improvement account (01).
2 26. Highway safety program fund (362):
3 a. Highway safety program account (01).
4 27. Drinking water program management and
5 administration fund (366):
6 a. EFC drinking water program account (01).
7 b. DOH drinking water program account (02).
8 28. New York city county clerks offset fund (368):
9 a. NYCCC operating offset account (01).
10 29. Housing assistance fund (374).
11 30. Housing program fund (376).
12 31. Department of transportation - engineering services fund (380):
13 a. Highway facility purpose account (01).
14 32. Miscellaneous capital projects fund (387):
15 a. Clean air capital account (08).
16 33. Mental hygiene facilities capital improvement fund (389).
17 34. Joint/labor management administration fund (394):
18 a. Joint labor/management administration fund (01).
19 35. Audit and control revolving fund (395):
20 a. Executive direction internal audit account (04).
21 36. Health insurance internal service fund (396):
22 a. Health insurance internal service account (00).
23 b. Civil service employee benefits div admin (01).
24 37. Correctional industries revolving fund (397).
25 38. Correctional facilities capital improvement fund (399).
26 39. Federal unemployment insurance administration fund (480):
27 a. UI administration (01).
28 40. Federal unemployment insurance occupational training fund (484):
29 a. Disaster relief grants (01).
30 b. OTA-WTC fund (WT).
31 41. Federal DOL grants (JTPA) (486):
32 a. DOL welfare to work (06).
33 b. SUNY SBDC (07).
34 c. DOL workforce investment act (09).
35 d. 5H90B - world trade (WT).
36 § 2. Notwithstanding the provisions of section 171-a of the tax law,
37 as separately amended by chapters 481 and 484 of the laws of 1981, or
38 any other provisions of law to the contrary, during the fiscal year
39 beginning April 1, 2003, the state comptroller is hereby authorized and
40 directed to deposit to the fund created pursuant to section 97-rrr of
41 the state finance law (the school tax relief fund) from amounts
42 collected pursuant to article 22 of the tax law and pursuant to a sched-
43 ule submitted by the director of the budget, up to $2,796,000,000, as
44 may be certified in such schedule as necessary to meet the purposes of
45 such fund for the fiscal year beginning April 1, 2003.
46 § 3. The comptroller is authorized and directed to deposit to the
47 general fund - state purposes account reimbursements from moneys appro-
48 priated or reappropriated to the correctional facilities capital
49 improvement fund (399) by a chapter of the laws of 2003. Reimbursements
50 shall be available for spending from appropriations made to the depart-
51 ment of correctional services in the general fund - state purposes
52 account by a chapter of the laws of 2003 for costs associated with the
53 administration and security of capital projects and for other costs
54 which are attributable, according to a plan, to such capital projects.
55 § 4. Notwithstanding any law to the contrary, and in accordance with
56 section 4 of the state finance law, the comptroller, after consultation
S. 1406--B 387 A. 2106--B
1 with the state university chancellor or his or her designee, is hereby
2 authorized and directed to transfer moneys, in the first instance, from
3 the state university collection fund (344), Stony Brook hospital
4 collection account (07), Brooklyn hospital collection account (08), and
5 Syracuse hospital collection account (09) to the state university income
6 fund (345), state university hospitals income reimbursable account (22)
7 in the event insufficient funds are available in the state university
8 income fund (345), state university hospitals income reimbursable
9 account (22) to transfer moneys, in amounts sufficient to permit the
10 full transfer of moneys authorized for transfer, to the general debt
11 service fund (311) for payment of debt service related to the SUNY
12 hospitals. Notwithstanding any law to the contrary, the comptroller is
13 also hereby authorized and directed, after consultation with the state
14 university chancellor or his or her designee, to transfer moneys from
15 the state university income fund (345) to the state university income
16 fund (345), state university hospitals income reimbursable account (22)
17 in the event insufficient funds are available in the state university
18 income fund (345), state university hospitals income reimbursable
19 account (22) to pay hospital operating costs or to transfer moneys, in
20 amounts sufficient to permit the full transfer of moneys authorized for
21 transfer, to the general debt service fund (311) for payment of debt
22 service related to the SUNY hospitals.
23 § 5. Notwithstanding any law to the contrary, and in accordance with
24 section 4 of the state finance law, the comptroller is hereby authorized
25 and directed to transfer, upon request of the director of the budget, on
26 or before March 31, 2004:
27 Economic Development and Public Authorities:
28 From the miscellaneous special revenue fund (339), bell
29 jar account (BJ), to the general fund .................... 1,500,000
30 From the miscellaneous special revenue fund (339), COCOT
31 account (IA), to the general fund ........................ 1,517,000
32 From the miscellaneous special revenue fund (339),
33 underground facilities safety training account (US),
34 to the general fund ........................................ 200,000
35 From the miscellaneous special revenue fund (339), elec-
36 tric generating intervenor account (02), to the gener-
37 al fund .................................................... 140,000
38 Education:
39 From the general fund to the state lottery fund (160),
40 education account (03), as reimbursement for disburse-
41 ments made from such fund for supplemental aid to
42 education pursuant to section 92-c of the state
43 finance law that are in excess of the amounts deposit-
44 ed in such fund for such purposes pursuant to section
45 1612 of the tax law .................................. 1,835,142,000
46 From the local government records management improvement
47 fund (052) to the archives partnership trust fund
48 (024) ...................................................... 300,000
49 From the general fund to the miscellaneous special
50 revenue fund (339), Batavia school for the blind
51 account (D9) ............................................... 700,000
52 From the general fund to the miscellaneous special
S. 1406--B 388 A. 2106--B
1 revenue fund (339), Rome school for the deaf account
2 (E6) ....................................................... 600,000
3 From the miscellaneous special revenue fund (339),
4 office of the professions account (E3), to the general
5 fund ..................................................... 5,000,000
6 From the amounts appropriated in the general fund for
7 the private schools for the blind and deaf, up to
8 $1,500,000 may be transferred to the department of
9 health miscellaneous special revenue fund (339), qual-
10 ity assurance and audit revenue activities account
11 (GB). Notwithstanding any other law, rule or regu-
12 lation to the contrary, funds shall be available for
13 transfer to the department of health miscellaneous
14 special revenue fund (339), quality assurance and
15 audit revenue activities account (GB), upon the
16 approval by the director of the budget of a staffing
17 and expenditure plan developed by the department of
18 health in consultation with the state education
19 department ............................................... 1,500,000
20 From the state university dormitory income fund (330) to
21 the state university residence hall rehabilitation
22 fund (074) .............................................. 30,000,000
23 From the state university dormitory income fund (330) to
24 the miscellaneous special revenue fund (339), state
25 university dormitory income reimbursable account (47) .. 220,000,000
26 From the general fund to the state university income
27 fund (345), state university income offset account
28 (11), for the state's share of repayment of the STIP
29 loan .................................................... 10,534,000
30 From the miscellaneous special revenue fund (339),
31 insurance premium payments account (85), to the state
32 university income fund (345), state university revenue
33 offset account (12), for costs attributable to student
34 financial aid related activities ........................ 16,900,000
35 From the miscellaneous special revenue fund (339),
36 insurance premium payments account (85), to the
37 IFR/CUTRA fund (377) for costs attributable to student
38 financial aid related activities ......................... 8,700,000
39 From the general fund to the miscellaneous special
40 revenue fund (339), volunteer recruitment service
41 scholarships account ..................................... 4,000,000
42 From the miscellaneous special revenue fund (339),
43 cultural education account, to the general fund .......... 1,200,000
44 Environmental Affairs:
45 From the department of transportation's federal capital
46 projects fund (291) to the office of parks and recre-
47 ation federal operating grants fund (290), miscella-
48 neous operating grants account ............................. 500,000
49 From the miscellaneous special revenue fund (339), seal
50 of quality account (67), to the miscellaneous special
51 revenue fund (339), farm products inspection trust
52 fund - williamson (65) ...................................... 15,000
53 From the miscellaneous special revenue fund (339), motor
54 fuel quality account (R4), to the general fund ............. 700,000
55 From the environmental protection fund (078), environ-
S. 1406--B 389 A. 2106--B
1 mental protection transfer account (01), to the gener-
2 al fund ................................................. 42,960,000
3 From resources made available through the use of bond
4 financing for activities in the environmental
5 protection fund (078), environmental protection trans-
6 fer account (01), to the general fund ................... 43,000,000
7 From the environmental conservation special revenue fund
8 (301), natural resources account (S6) to the general
9 fund ..................................................... 1,000,000
10 From waste tire management and recycling fund to the
11 general fund ............................................ 20,000,000
12 From the environmental conservation special revenue fund
13 (301) mined land reclamation account (XB) to the
14 general fund ............................................. 1,000,000
15 From the miscellaneous special revenue fund (339),
16 consumer food industry account (99), to the general
17 fund ....................................................... 700,000
18 From the state park infrastructure fund (076), state
19 infrastructure account (01), to the general fund ........ 10,000,000
20 From the general fund to the hazardous waste remedial
21 fund (312), site investigation account .................. 18,000,000
22 Family Assistance:
23 From any of the office of children and family services,
24 office of temporary and disability assistance, or
25 department of health special revenue federal funds and
26 the general fund, in accordance with agreements with
27 social services districts, to the miscellaneous
28 special revenue fund (339), office of human resources
29 development state match account (2C) .................... 10,000,000
30 From any of the office of children and family services
31 or office of temporary and disability assistance
32 special revenue federal funds to the miscellaneous
33 special revenue fund (339), family preservation and
34 support services and family violence services account
35 (GC) ..................................................... 3,000,000
36 From any of the office of children and family services
37 or office of temporary and disability assistance
38 special revenue federal funds to the miscellaneous
39 special revenue fund (339), office of children and
40 family services program account (L4) .................... 16,000,000
41 From any of the office of children and family services
42 or office of temporary and disability assistance
43 special revenue federal funds to the miscellaneous
44 special revenue fund (339), office of children and
45 family services income account (AR) ..................... 43,000,000
46 From any of the office of children and family services
47 or office of temporary and disability assistance
48 special revenue funds or the general fund to the
49 miscellaneous special revenue fund (339), connections
50 account (WK). Subject to the approval of the director
51 of the budget, such funds shall be available to the
52 office net of disallowances, refunds, reimbursements
53 and credits ............................................. 10,000,000
54 From any of the office of temporary and disability
S. 1406--B 390 A. 2106--B
1 assistance accounts within the federal health and
2 human services fund (265) to the general fund ........... 20,000,000
3 From the federal health and human services fund (265) to
4 the miscellaneous special revenue fund (339), ODD
5 earned revenue account (AD) .............................. 6,300,000
6 From any of the office of temporary and disability
7 assistance accounts within the federal health and
8 human services fund (265) to the miscellaneous special
9 revenue fund (339), client notices account (EG) .......... 6,800,000
10 From the general fund to the miscellaneous special
11 revenue fund (339), adult shelter sanction account
12 (GA), for adult shelter reimbursement disallowed or
13 withheld from social services districts by the commis-
14 sioner of temporary and disability assistance ............ 8,000,000
15 From the office of temporary and disability assistance
16 income maintenance general fund or any office of
17 temporary and disability assistance special revenue
18 federal funds to the miscellaneous special revenue
19 fund (339), electronic benefit transfer and common
20 benefit identification card account (GD) ................. 6,500,000
21 From any of the office of temporary and disability
22 assistance, department of health or office of children
23 and family services special revenue federal funds to
24 the miscellaneous special revenue fund (339), office
25 of temporary and disability assistance income account
26 (L7) .................................................... 76,000,000
27 From the office of temporary and disability assistance
28 local administration general fund or any other office
29 of temporary and disability assistance special revenue
30 federal funds to the miscellaneous special revenue
31 fund (339), disabilities determinations account (LF) ..... 2,600,000
32 From the federal block grant fund (269) to the miscella-
33 neous special revenue fund (339), home energy assist-
34 ance earned revenue account (QA) ......................... 4,000,000
35 From any of the office of temporary and disability
36 assistance or office of children and family services
37 special revenue federal funds to the miscellaneous
38 special revenue fund (339), office of temporary and
39 disability assistance program account (AL) ............... 7,500,000
40 From the general fund to the miscellaneous special
41 revenue fund (339), office of temporary and disability
42 assistance food assistance program account (19) .......... 1,100,000
43 From any of the office of temporary and disability
44 assistance special revenue federal funds to the
45 miscellaneous special revenue fund (339), food stamp
46 recovery account (D4) ...................................... 500,000
47 From any of the office of children and family services,
48 office of temporary and disability assistance, depart-
49 ment of labor, and department of health special reven-
50 ue federal funds to the office of children and family
51 services miscellaneous special revenue fund (339),
52 multi-agency training contract account (AY) ............. 40,000,000
53 From the general fund to the miscellaneous special
54 revenue fund (339), food stamp reinvestment account
55 (CB) ....................................................... 500,000
S. 1406--B 391 A. 2106--B
1 From the office of temporary and disability assistance
2 federal health and human services fund (265) to the
3 miscellaneous special revenue fund (339), child
4 support incentive revenue account (AX) .................. 27,000,000
5 From any of the office of children and family services,
6 office of temporary and disability assistance, depart-
7 ment of labor, and department of health special reven-
8 ue federal funds to the office of temporary and disa-
9 bility assistance miscellaneous special revenue fund
10 (339), multi-agency systems development account .......... 6,300,000
11 From any of the office of temporary and disability
12 assistance special revenue federal funds, in accord-
13 ance with agreements with social services districts,
14 to the miscellaneous special revenue fund (339), OTDA
15 office of human resources development state match
16 account .................................................. 2,000,000
17 From any of the office of temporary and disability
18 assistance special revenue federal funds, to the
19 miscellaneous special revenue fund (339), OTDA train-
20 ing contract account ..................................... 9,000,000
21 General Government:
22 From the general fund to the miscellaneous special
23 revenue fund (339), department of civil service
24 account (EH) ............................................... 500,000
25 From the general fund to the health insurance revolving
26 fund (396) .............................................. 12,500,000
27 From the health insurance reserve receipts fund (167) to
28 the general fund ....................................... 192,400,000
29 From the general fund to the not-for-profit revolving
30 loan fund (055) ............................................ 150,000
31 From the not-for-profit revolving loan fund (055) to the
32 general fund ............................................... 150,000
33 From the miscellaneous special revenue fund (339),
34 revenue arrearage account (CR), to the general fund ..... 12,500,000
35 From the miscellaneous special revenue fund (339), real
36 property disposition account (BP), to the general fund
37 .......................................................... 6,000,000
38 From the miscellaneous special revenue fund (339), busi-
39 ness and licensing services account (AG), to the
40 general fund ............................................ 45,330,000
41 From the miscellaneous special revenue fund (339), code
42 enforcement account (07), to the general fund ........... 20,875,000
43 From the miscellaneous special revenue fund (339),
44 auditing services refund account (BN), to the general
45 fund ....................................................... 131,000
46 From the miscellaneous special revenue fund (339),
47 surplus property account (DE), to the general fund ....... 2,000,000
48 From the general fund to the miscellaneous special
49 revenue fund (339), alcoholic beverage control account
50 (DB) .................................................... 11,847,000
51 From the general fund to the miscellaneous special
52 revenue fund (339), inspector general operations
53 account (11) ............................................. 1,300,000
54 From the miscellaneous special revenue fund (339),
55 federal liability account, to the general fund ........... 6,000,000
S. 1406--B 392 A. 2106--B
1 From the miscellaneous special revenue fund (339),
2 surplus property account (DE), to the agency internal
3 service fund (334), NEXTSTEPS account (25) ............... 2,500,000
4 From the miscellaneous special revenue fund (339), liti-
5 gation settlement account (LI), to the general fund ...... 3,000,000
6 From the centralized services fund (323), communications
7 account (04), to the general fund ....................... 10,000,000
8 Health:
9 From any of the department of health accounts within the
10 federal health and human services fund (265) to the
11 department of health miscellaneous special revenue
12 fund (339), quality assurance and audit revenue activ-
13 ities account (GB) ....................................... 1,500,000
14 From any of the department of health accounts within the
15 federal health and human services fund (265) to the
16 miscellaneous special revenue fund (339), quality of
17 care account (20) ....................................... 92,100,000
18 From the general fund to the combined expendable trust
19 fund (020), breast cancer research and education
20 account (BD), an amount equal to the monies collected
21 and deposited into that account in the previous fiscal
22 year ..................................................... 1,000,000
23 From the miscellaneous special revenue fund (339), vital
24 records management account, to the general fund .......... 2,200,000
25 From the miscellaneous special revenue fund (339),
26 primary healthcare initiative account (KA) to the
27 general fund ............................................. 3,663,000
28 Public Protection:
29 From the general fund to the miscellaneous special
30 revenue fund (339), recruitment incentive account (U2) ... 3,300,000
31 From the miscellaneous special revenue fund (339),
32 compulsory insurance account (H7), to the general fund
33 ......................................................... 14,470,000
34 From the miscellaneous special revenue fund (339), state
35 police training academy account (W6), to the general
36 fund ....................................................... 100,000
37 From the general fund to the correctional industries
38 revolving fund (397), correctional industries internal
39 service account (00) .................................... 12,500,000
40 From the miscellaneous special revenue fund (339),
41 statewide public safety communications account (LZ),
42 to the miscellaneous special revenue fund (339),
43 seized assets account (E8) .............................. 27,800,000
44 From the miscellaneous special revenue fund (339),
45 statewide public safety communications account (LZ),
46 to the combined expendable trust fund (020), New York
47 state emergency services revolving loan account (AU) ..... 1,500,000
48 From the miscellaneous special revenue fund (339),
49 statewide public safety communications account (LZ),
50 to the miscellaneous special revenue fund (339), local
51 wireless public safety answering point account .......... 10,000,000
52 From federal miscellaneous operating grants fund (290),
53 DMNA damage account (71), to the general fund ........... 20,000,000
S. 1406--B 393 A. 2106--B
1 Transportation:
2 From the federal miscellaneous operating grants fund
3 (290) to the special revenue fund (339), tri-state
4 federal regional planning account (17) ................... 3,300,000
5 From the federal capital projects fund (291) to the
6 special revenue fund (339), tri-state federal regional
7 planning account (17) ................................... 11,600,000
8 From the passenger facilities charge fund (077), Stewart
9 airport account (01), to the dedicated highway and
10 bridge trust fund (072) .................................... 225,000
11 From the passenger facilities charge fund (077), repub-
12 lic airport account (02), to the dedicated highway and
13 bridge trust fund (072) ..................................... 50,000
14 From the dedicated highway and bridge trust fund (072),
15 highway and bridge capital account (01), to the gener-
16 al fund ................................................ 125,000,000
17 From the miscellaneous special revenue fund (339), fing-
18 erprint identification and technology account, to the
19 general fund ............................................. 2,200,000
20 From the miscellaneous special revenue (339), transpor-
21 tation safety account (T1) to the dedicated highway
22 and bridge trust fund (072) .............................. 5,000,000
23 Labor:
24 From the miscellaneous special revenue fund (339),
25 public work enforcement account (BA), to the general
26 fund ..................................................... 1,000,000
27 From the training and education program on occupational
28 safety and health fund (305), occupational safety and
29 health inspection account (01), to the general fund ...... 4,600,000
30 From the training and education program on occupational
31 safety and health fund (305), occupational safety and
32 health inspection account (01), to the unemployment
33 insurance interest and penalty fund (482) .................. 800,000
34 Miscellaneous:
35 From the general fund to the agencies internal service
36 fund (334), banking services account (12), for the
37 purpose of meeting direct payments from such account .... 76,905,000
38 From the general fund to any funds or accounts for the
39 purpose of reimbursing certain outstanding accounts
40 receivable balances upon written notification by the
41 director of the budget to the chair persons of the
42 assembly ways and means committee and the senate
43 finance committee ....................................... 50,000,000
44 From the state lottery fund (160), administration
45 account (04), to the miscellaneous special revenue
46 fund of any state agency, department and/or public
47 authority to finance services and expenses associated
48 with video lottery gaming authorized pursuant to chap-
49 ter 383 of the laws of 2001 ............................. 21,200,000
50 From the debt reduction reserve fund to any other funds
51 or accounts for the purposes enumerated in section
52 97-rrr of the state finance law ......................... 55,000,000
S. 1406--B 394 A. 2106--B
1 Notwithstanding any law to the contrary, and in accordance with
2 section 4 of the state finance law, the following amounts are hereby
3 appropriated for transfer from and to the designated funds and accounts.
4 Such transfers do not require a certificate of approval by the director
5 of the budget. The comptroller is hereby authorized and directed, upon
6 request of the director of the budget, to transfer moneys up to the
7 amount of each appropriation below:
8 From the miscellaneous special revenue fund (339), mental
9 hygiene patient income account (13), to the miscella-
10 neous special revenue fund (339), commission on quality
11 of care federal salary sharing account (EC) ................ 3,500,000
12 From the miscellaneous special revenue fund (339), mental
13 hygiene patient income account (13), to the miscella-
14 neous special revenue fund (339), office of alcoholism
15 and substance abuse services federal salary sharing
16 account (EC) .............................................. 10,200,000
17 From the miscellaneous special revenue fund (339), office
18 of alcoholism and substance abuse services federal sala-
19 ry sharing account (EC), to the miscellaneous special
20 revenue fund (339), office of alcoholism and substance
21 abuse services chemical dependence fee transition
22 account .................................................... 2,200,000
23 Notwithstanding any law to the contrary, and in accordance with
24 section 4 of the state finance law, the following amounts are hereby
25 appropriated for transfer from and to the designated funds and accounts.
26 The comptroller is hereby authorized and directed, upon request of the
27 director of the budget, to transfer moneys up to the amount of each
28 appropriation listed below:
29 From the local government records management improvement
30 fund (052), local government records management account
31 (01); the miscellaneous special revenue fund (339),
32 education library account (A3), teacher certification
33 program account (A4), high school equivalency program
34 account (AI), education archives account (G1), education
35 museum account (31) and office of the professions
36 account (E3); the vocational rehabilitation fund (365);
37 and the archives partnership trust funds (024), archives
38 partnership trust endorsement account (01), archives
39 partnership trust special projects account (02), and
40 archives partnership trust operation and maintenance
41 account (03), of the state education department to the
42 miscellaneous special revenue fund (339), indirect cost
43 recovery account (AH) ...................................... 4,000,000
44 From the federal USDA-food and nutrition services fund
45 (261); federal health and human services fund (265);
46 federal department of education fund (267); federal
47 block grants fund (269); federal operating grants fund
48 (290); and the unemployment insurance administration
49 fund (480) of the education department to the miscella-
50 neous special revenue fund (339), indirect cost recovery
51 account (AH) .............................................. 10,000,000
52 From the state education department internal service fund
53 (334), cultural resource survey account (14), to the
S. 1406--B 395 A. 2106--B
1 miscellaneous special revenue fund (339), indirect cost
2 recovery account (AH) ........................................ 100,000
3 Notwithstanding any law to the contrary, and in accordance with
4 section 4 of the state finance law, the following amounts are hereby
5 appropriated for transfer from and to the designated funds and accounts.
6 Such transfers do not require a certificate of approval by the director
7 of the budget. The comptroller is hereby authorized and directed, upon
8 request of the commissioner of environmental conservation, to transfer
9 moneys up to the amount of each appropriation listed below:
10 From revenues credited to any of the department of envi-
11 ronmental conservation special revenue funds, including
12 $2,756,700 from the environmental protection and oil
13 spill compensation fund (303), and $1,678,000 from the
14 conservation fund (302), to the environmental conserva-
15 tion special revenue fund (301), indirect charges
16 account (BJ) ............................................... 9,179,100
17 Notwithstanding any law to the contrary, and in accordance with
18 section 4 of the state finance law, the following amounts are hereby
19 appropriated for transfer from and to the designated funds and accounts.
20 Such transfers do not require a certificate of approval by the director
21 of the budget. The comptroller is hereby authorized and directed, upon
22 request of the commissioner of agriculture and markets, to transfer
23 moneys up to the amount of each appropriation listed below:
24 From any special revenue fund or enterprise fund within
25 the department of agriculture and markets to the miscel-
26 laneous special revenue fund (339) administrative costs
27 account, to pay appropriate administrative expenses ........ 1,000,000
28 From the state exposition special fund (325), state fair
29 receipts account (01), or the industrial exhibit author-
30 ity fund (450), industrial exhibit authority account
31 (01), to the miscellaneous capital projects fund (387),
32 state fair capital improvement account (13) ................ 3,000,000
33 Notwithstanding any law to the contrary, and in accordance with
34 section 4 of the state finance law, the following amounts are hereby
35 appropriated for transfer from and to the designated funds and accounts.
36 Such transfers do not require a certificate of approval by the director
37 of the budget. The comptroller is hereby authorized and directed, upon
38 request of the commissioner of health, to transfer moneys up to the
39 amount of each appropriation listed below:
40 From revenues credited to any of the department of
41 health's special revenue funds, to the miscellaneous
42 special revenue fund (339), administration account (AP) .... 9,000,000
43 Notwithstanding any law to the contrary, and in accordance with
44 section 4 of the state finance law, the following amounts are hereby
45 appropriated for transfer from and to the designated funds and accounts.
46 Such transfers do not require a certificate of approval by the director
47 of the budget. The comptroller is hereby authorized and directed, upon
48 request of the state university chancellor or his designee, to transfer
49 moneys up to the amount of each appropriation listed below:
S. 1406--B 396 A. 2106--B
1 From the state university income fund (345), state univer-
2 sity hospitals income reimbursable account (22), under
3 hospital income reimbursable for services and expenses
4 of hospital operations and capital expenditures at the
5 state university hospitals, and the state university
6 income fund (345), Long Island veterans' home account
7 (09), to the state university capital projects fund
8 (384) on or before June 30, 2004 .......................... 12,000,000
9 From the state university collection fund (344) to the
10 state university income fund (345), state university
11 revenue offset account (12), for the estimated tuition
12 revenue balances on March 29, 2004 ........................ 80,000,000
13 Notwithstanding any law to the contrary, and in accordance with
14 section 4 of the state finance law, the following amounts are hereby
15 appropriated for transfer from and to the designated funds and accounts.
16 The comptroller is hereby authorized and directed, upon request of the
17 director of the budget, to transfer moneys up to the amount of each
18 appropriation listed below:
19 From the general fund to the state university income fund
20 (345), state university hospitals income reimbursable
21 account (22), during the period July 1, 2003 through
22 June 30, 2004 to reflect ongoing state subsidy of SUNY
23 hospitals and to pay costs attributable to the SUNY
24 hospitals' state agency status ............................ 92,600,000
25 § 6. Subdivision 5 of section 4 of the state finance law, as amended
26 by chapter 260 of the laws of 1993, is amended to read as follows:
27 5. No money or other financial resources shall be transferred or
28 temporarily loaned from one fund to another without specific statutory
29 authorization for such transfer or temporary loan, except that [the]
30 money or other financial resources of a fund may be temporarily loaned
31 to another fund only if such loan shall be repaid in full prior to the
32 end of each month during which such loan is outstanding, so that an
33 accurate accounting and reporting of the balance of financial resources
34 in each fund at the end of each month may be made. The comptroller is
35 hereby authorized to temporarily loan money from the general fund or any
36 other fund to the fund/accounts that are authorized to receive a loan.
37 Such loans shall be limited to the amounts immediately required to meet
38 disbursements, made in pursuance of an appropriation by law and author-
39 ized by a certificate of approval issued by the director of the budget,
40 with copies thereof filed with the comptroller and the chair of the
41 senate finance committee and the chair of the assembly ways and means
42 committee. The director of the budget shall not issue such a certificate
43 unless he or she shall have determined that the amounts to be so loaned
44 are receivable on account. When making loans, the comptroller shall
45 establish appropriate accounts and, if the loan is not repaid by the end
46 of the month, provide on or before the fifteenth day of the following
47 month to the director of the budget, the chair of the senate finance
48 committee, and the chair of the assembly ways and means committee, an
49 accurate accounting and report of the financial resources of each such
50 fund at the end of such month. Within ten days of the receipt of such
51 accounting and reporting, the director of the budget shall provide the
52 chair of the senate finance committee and the chair of the assembly ways
53 and means committee with an expected schedule of repayment by fund and
S. 1406--B 397 A. 2106--B
1 by source for each outstanding loan. Repayment shall be made by the
2 comptroller from the first cash receipt of this fund.
3 § 7. (1) Pursuant to various chapters of the laws of 2003 making
4 appropriations for capital projects, such appropriations shall be deemed
5 to provide all costs necessary and pertinent to accomplish the intent of
6 the appropriation, including apportionments to departments, agencies, or
7 corporations for the purposes of the specific appropriation or for
8 payment to the construction management account of the centralized
9 services fund of the New York state office of general services for the
10 preparation and review of plans, specifications, estimates, services,
11 construction management and supervision, inspection, studies,
12 appraisals, surveys, testing, and environmental statements relating to
13 existing or proposed facilities.
14 Appropriations from the capital projects fund, the city university of
15 New York capital projects fund, the mental hygiene capital improvement
16 fund, the department of health facilities capital improvement fund, the
17 correctional facilities capital improvement fund, the youth facilities
18 improvement fund, the housing assistance fund, the housing program fund,
19 the engineering services fund, the dedicated highway and bridge trust
20 fund, the suburban transportation fund, the state park infrastructure
21 fund, the passenger facility charge fund, the state university residence
22 hall rehabilitation fund, the state university capital projects fund,
23 the New York state canal system development fund, the financial security
24 fund, the natural resources damages fund, the federal capital projects
25 fund, and the regional aviation fund are appropriated in accordance with
26 the provisions of section 93 of the state finance law. Moneys appropri-
27 ated from each such fund type for CCP's, for agency purposes within
28 CCP's, and for projects sharing the same agency purpose within a CCP may
29 be transferred among projects within a CCP in accordance with paragraphs
30 (a) through (g) of subdivision 4 of section 93 of the state finance law
31 and may be transferred among purposes within a CCP subject to the limi-
32 tations of paragraph (e) of subdivision 4 of section 93 of the state
33 finance law.
34 Notwithstanding the provisions of any general or special law, the
35 provisions of paragraphs (a) through (g) of subdivision 4 of section 93
36 of the state finance law which relate to the transfer of a portion of a
37 capital appropriation to another capital appropriation shall be applica-
38 ble to appropriations from each fund.
39 (2) The following funds are eligible to be reimbursed from miscella-
40 neous receipts or the proceeds of notes or bonds sold by public authori-
41 ties, as specified in this subdivision:
42 (a) the health facilities capital improvement fund, from the proceeds
43 of the sale of notes or bonds issued by the New York state dormitory
44 authority;
45 (b) the dedicated highway and bridge trust fund, from miscellaneous
46 receipts or the proceeds of the sale of notes or bonds issued by the New
47 York state thruway authority;
48 (c) the youth facilities improvement fund and the correctional facili-
49 ties capital improvement fund, from the proceeds of the sale of notes or
50 bonds issued by the New York state urban development corporation or any
51 other public authority;
52 (d) the housing assistance fund and the housing program fund, from the
53 proceeds of the sale of notes or bonds issued by the housing finance
54 agency or any other public authority;
55 (e) the mental hygiene capital facilities improvement fund, from
56 miscellaneous receipts or the proceeds of the sale of notes or bonds
S. 1406--B 398 A. 2106--B
1 issued by the New York state dormitory authority as successor to the
2 medical care facilities financing agency pursuant to chapter 83 of the
3 laws of 1995;
4 (f) the environmental protection fund, from miscellaneous receipts or
5 the proceeds of the sale of notes or bonds issued by the New York state
6 environmental facilities corporation or any other public authority. The
7 comptroller shall receive such reimbursements for deposit in the funds
8 so specified; and
9 (g) the hazardous waste remedial fund, from miscellaneous receipts or
10 the proceeds of the sale of notes or bonds issued by the New York state
11 environmental facilities corporation or any other public authority.
12 (3) The comptroller is hereby authorized and directed to deposit
13 moneys received, as specified below:
14 (a) the engineering services fund shall receive reimbursements from
15 various capital appropriations;
16 (b) the financial security fund shall receive moneys recovered in
17 accordance with various required financial security arrangements for
18 environmental projects;
19 (c) the natural resources damages fund shall receive moneys recovered
20 from successful natural resource damage claims and related settlements;
21 and
22 (d) the regional aviation fund shall receive moneys from the lease of
23 Stewart Airport, including any payments due to the state from related
24 settlements or agreements.
25 (4) The comptroller shall certify monthly, to the director of the
26 budget and the chairs of the senate finance and assembly ways and means
27 committees, the total disbursements from the correctional facilities
28 capital improvement fund (399), the department of health facilities
29 capital improvement fund (071), the housing assistance fund (374), the
30 youth facilities improvement fund (357), the housing program fund (376),
31 and the mental hygiene capital improvement fund (389), the total
32 reimbursements to such funds from bond proceeds, and the amount of
33 disbursements from such funds remaining to be financed with bond
34 proceeds. Once a year, as soon as practicable after March 31, the comp-
35 troller shall certify, to the director of the budget and the chairs of
36 the senate finance and assembly ways and means committees, for the
37 fiscal year just ended, total disbursements from the correctional facil-
38 ities capital improvement fund, the department of health facilities
39 capital improvement fund, the youth facilities improvement fund, the
40 housing assistance fund, the housing program fund, and the mental
41 hygiene capital improvement fund any amounts transferred from the capi-
42 tal projects fund to such funds for nonbondable disbursements, the total
43 reimbursements to such funds from bond proceeds, and the amount of
44 disbursements from such funds remaining to be financed with bond
45 proceeds.
46 (5) The dormitory authority of the state of New York and the depart-
47 ment of health shall report quarterly to the director of the budget the
48 amounts expended from appropriations in the capital projects fund which
49 are eligible for reimbursement from the proceeds of the bonds. The hous-
50 ing finance agency, in conjunction with the affordable housing corpo-
51 ration, the homeless housing assistance corporation and the commissioner
52 of the office of temporary and disability assistance, and the housing
53 trust fund corporation shall report quarterly to the director of the
54 budget on the amounts disbursed from appropriations in the housing
55 program fund and the housing assistance fund which are eligible for
56 repayment from the proceeds of the bonds. The dormitory authority of the
S. 1406--B 399 A. 2106--B
1 state of New York, as successor to the facilities development corpo-
2 ration pursuant to chapter 83 of the laws of 1995, and the office of
3 mental health, the office of mental retardation and developmental disa-
4 bilities, and the office of alcoholism and substance abuse services
5 shall report quarterly to the director of the budget on the amounts
6 disbursed from appropriations in the mental hygiene capital improvement
7 fund which are eligible for reimbursement from the proceeds of the
8 bonds. Such reports shall be submitted to the director of the budget no
9 later than July 30, October 31, January 30, and April 30 of each state
10 fiscal year. The director of the budget shall review these reports and
11 then certify to the comptroller amounts expended from these appropri-
12 ations which are reimbursable from bond proceeds. Until such time as the
13 director of the budget determines that the amounts disbursed from such
14 funds are not reimbursable from bond proceeds, all such disbursements
15 shall be considered to be reimbursable from bond proceeds. Upon such
16 certifications for the housing assistance fund, the housing program
17 fund, and the mental hygiene capital improvement fund, the comptroller
18 is hereby authorized to transfer from the capital projects fund, pursu-
19 ant to an appropriation, an amount equal to the amount of disbursements
20 from these appropriations which have not been certified as repayable
21 from bond proceeds.
22 § 8. Notwithstanding any other law, rule, or regulation to the
23 contrary, the comptroller is hereby authorized and directed to deposit,
24 to the credit of the capital projects fund, reimbursement from the
25 proceeds of notes and bonds issued by the environmental facilities
26 corporation or any other public authority for a capital appropriation
27 for $20,241,000 authorized by chapter 55 of the laws of 1998 to the
28 department of environmental conservation for a payment of a portion of
29 the state's match for federal capitalization grants for the water
30 pollution control revolving loan fund.
31 § 9. Notwithstanding any other law, rule, or regulation to the
32 contrary, the comptroller is hereby authorized and directed to deposit,
33 to the credit of the capital projects fund, reimbursement from the
34 proceeds of notes and bonds issued by the environmental facilities
35 corporation or any other public authority for a capital appropriation
36 for $22,404,000 authorized by chapter 55 of the laws of 1999 to the
37 department of environmental conservation for payment of a portion of the
38 state's match for federal capitalization grants for the water pollution
39 control revolving loan fund, reimbursements for spending from various
40 appropriations for projects related to the New York City Watershed,
41 reimbursement from the proceeds of notes and bonds issued by the envi-
42 ronmental facilities corporation or any other public authority for a
43 capital appropriation for $22,500,000 authorized by chapter 55 of the
44 laws of 1999 to the environmental facilities corporation for payment for
45 the jobs two thousand pipeline for jobs program, reimbursement from the
46 proceeds of notes and bonds issued by the dormitory authority or any
47 other public authority of the state of New York for a capital appropri-
48 ation for $47,500,000 authorized by chapter 55 of the laws of 1999 to
49 the office of science, technology and academic research for payment for
50 the jobs two thousand capital facilities program, reimbursement from the
51 proceeds of notes and bonds issued by the dormitory authority or any
52 other public authority of the state of New York for a capital appropri-
53 ation for $145,000,000 authorized by chapter 53 of the laws of 1999 to
54 the state education department for payment of capital construction
55 grants to school districts pursuant to the rebuilding schools to uphold
56 education program, and reimbursement from the proceeds of notes and
S. 1406--B 400 A. 2106--B
1 bonds issued by the urban development corporation or any other public
2 authority for a capital appropriation for $25,000,000 authorized by
3 chapter 55 of the laws of 1999 to all state agencies for payment of
4 costs related to economic development, land acquisition, and heritage
5 trail projects.
6 § 10. Notwithstanding any other law, rule, or regulation to the
7 contrary, the comptroller is hereby authorized and directed to deposit,
8 to the credit of the capital projects fund, reimbursement from the
9 proceeds of notes or bonds issued by the environmental facilities corpo-
10 ration or any other public authority for a capital appropriation for
11 $43,383,000 authorized by chapter 55 of the laws of 2000, as amended by
12 a chapter of the laws of 2003, to the department of environmental
13 conservation for payment of a portion of the state's match for federal
14 capitalization grants for the water pollution control revolving loan
15 fund, to reimburse spending from various appropriations for certain
16 projects related to the New York City Watershed, reimbursement from the
17 proceeds of notes and bonds issued by the urban development corporation
18 or any other public authority for a capital appropriation for
19 $15,000,000 authorized by chapter 55 of the laws of 2000 to the urban
20 development corporation for payment of costs related to a sports facili-
21 ty in the city of Rochester, reimbursement from the proceeds of notes
22 and bonds issued by the urban development corporation of the state of
23 New York for a capital appropriation for $50,000,000 authorized by chap-
24 ter 55 of the laws of 2000 to the urban development corporation for
25 payment of costs related to economic development projects in the down-
26 town Buffalo, the Buffalo inner harbor area, or surrounding environs,
27 reimbursement from proceeds of notes and bonds issued by the urban
28 development corporation, the environmental facilities corporation, the
29 dormitory authority, or any other public authority of the state of New
30 York for a capital appropriation for $225,000,000 authorized by chapter
31 55 of the laws of 2000 to all state agencies for payment of costs
32 related to the strategic investment program, reimbursement from the
33 proceeds of notes and bonds issued by the dormitory authority or any
34 other public authority of the state of New York for a capital appropri-
35 ation for $50,000,000 authorized by chapter 53 of the laws of 2000 to
36 the state education department for payment of capital construction
37 grants to school districts pursuant to the rebuilding schools to uphold
38 education program, for reimbursement from the proceeds of notes and
39 bonds issued by the dormitory authority or any other public authority of
40 the state of New York for a capital appropriation for $15,000,000
41 authorized by chapter 53 of the laws of 2000 to the office of children
42 and family services for payment of costs related to the child care
43 facilities development program, and for reimbursement from the proceeds
44 of notes and bonds issued by the dormitory authority or any other public
45 authority of the state of New York for a capital appropriation for
46 $10,000,000 authorized by chapter 55 of the laws of 2000 to the office
47 of science, technology and academic research for payment of costs
48 related to biomedical research and/or manufacturing facilities.
49 § 11. Notwithstanding any other law, rule, or regulation to the
50 contrary, the comptroller is hereby authorized and directed to deposit
51 to the credit of the capital projects fund, reimbursement from the
52 proceeds of notes or bonds issued by the environmental facilities corpo-
53 ration or any other public authority for a capital appropriation for
54 $29,772,000 authorized by chapter 54 of the laws of 2001 to the depart-
55 ment of environmental conservation for payment of a portion of the
S. 1406--B 401 A. 2106--B
1 state's match for federal capitalization grants for the water pollution
2 control revolving loan fund.
3 § 12. Notwithstanding any other law, rule, or regulation to the
4 contrary, the comptroller is hereby authorized and directed to deposit,
5 to the credit of the capital projects fund, reimbursement from the
6 proceeds of notes or bonds issued by the environmental facilities corpo-
7 ration or any other public authority for a capital appropriation for
8 $29,365,000 authorized by chapter 54 of the laws of 2002 to the depart-
9 ment of environmental conservation for payment of a portion of the
10 state's match for federal capitalization grants for the water pollution
11 control revolving loan fund, reimbursement from the proceeds of notes
12 and bonds issued by the urban development corporation or any other
13 public authority or other financing source for a capital appropriation
14 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
15 office of general services for payment of capital construction costs for
16 the Alfred E. Smith office building located in the city of Albany,
17 reimbursement from the proceeds of notes and bonds issued by the urban
18 development corporation or any other public authority or other financing
19 source for capital appropriations for $1,500,000 authorized by chapter
20 50 of the laws of 2002 to the office of general services for payment of
21 capital construction costs for the Elk street parking garage building
22 located in the city of Albany, reimbursement from the proceeds of notes
23 or bonds issued by the urban development corporation or any other public
24 authority for disbursements of up to $12,000,000 from any capital appro-
25 priation or reappropriation authorized by chapter 50 of the laws of 2002
26 to the office of general services for various purposes, reimbursement
27 from the proceeds of notes or bonds issued by the environmental facili-
28 ties corporation or any other public authority for a capital appropri-
29 ation of $13,250,000 authorized by chapter 55 of the laws of 2002 to the
30 energy research and development authority for the Western New York
31 Nuclear Service Center at West Valley, reimbursement from the proceeds
32 of notes or bonds issued by the urban development corporation or any
33 other public authority for a capital appropriation of $14,300,000
34 authorized by chapter 55 of the laws of 2002 to the urban development
35 corporation to finance a portion of the jobs now program, reimbursement
36 from the proceeds of notes or bonds issued by the dormitory authority or
37 any other public authority for disbursements of up to $20,800,000 from
38 any capital appropriation or reappropriation authorized by chapter 51 of
39 the laws of 2002 to the judiciary for courthouse improvements,
40 reimbursement from the proceeds of notes or bonds issued by the urban
41 development corporation or any other public authority for disbursements
42 of up to $15,000,000 from appropriations or reappropriations authorized
43 by chapter 50 of the laws of 2002 to any agency for costs related to
44 homeland security, and reimbursement from the proceeds of notes or bonds
45 issued by the environmental facilities corporation or any other public
46 authority for a capital appropriation of $10,000,000 authorized by chap-
47 ter 54 of the laws of 2002 to the department of environmental conserva-
48 tion for Onondaga Lake.
49 § 13. Notwithstanding any other law, rule, or regulation to the
50 contrary, the comptroller is hereby authorized and directed to deposit
51 to the credit of the capital projects fund, reimbursement from the
52 proceeds of notes or bonds issued by the environmental facilities corpo-
53 ration or any other public authority for a capital appropriation for
54 $30,174,000 authorized by a chapter of the laws of 2003 to the depart-
55 ment of environmental conservation for payment of a portion of the
56 state's match for federal capitalization grants for the water pollution
S. 1406--B 402 A. 2106--B
1 control revolving loan fund, reimbursement from the proceeds of notes or
2 bonds issued by the urban development corporation or any other public
3 authority or other financing source for a capital appropriation of
4 $19,500,000 authorized by a chapter of the laws of 2003 to the office of
5 general services for payment of capital construction costs for the Elk
6 street parking garage building located in the city of Albany, reimburse-
7 ment from the proceeds of notes or bonds issued by the urban development
8 corporation or any other public authority for disbursements of up to
9 $10,000,000 from any capital appropriation or reappropriation authorized
10 by a chapter of the laws of 2003 to the office of general services for
11 various purposes, reimbursement from the proceeds of notes or bonds
12 issued by the environmental facilities corporation or any other public
13 authority for a capital appropriation of $13,250,000 authorized by a
14 chapter of the laws of 2003 to the energy research and development
15 authority for the Western New York Nuclear Service Center at West
16 Valley, reimbursement from the proceeds of notes or bonds issued by the
17 dormitory authority or any other public authority for disbursements of
18 up to $16,400,000 from any capital appropriation or reappropriation
19 authorized by a chapter of the laws of 2003 to the judiciary for court-
20 house improvements, reimbursement from the proceeds of notes or bonds
21 issued by the urban development corporation or any other public authori-
22 ty for disbursements of up to $8,000,000 from appropriations or reappro-
23 priations authorized by a chapter of the laws of 2003 to any agency for
24 costs related to homeland security, reimbursement from the proceeds of
25 notes or bonds issued by the environmental facilities corporation or any
26 other public authority for a capital appropriation of $10,000,000
27 authorized by a chapter of the laws of 2003 to the department of envi-
28 ronmental conservation for Onondaga Lake, reimbursement from the
29 proceeds of notes or bonds issued by the environmental facilities corpo-
30 ration or any other public authority for disbursements of up to
31 $10,000,000 from any state parks infrastructure fund appropriation or
32 reappropriation authorized by a chapter of the laws of 2003 to the
33 office of parks, recreation and historic preservation, and reimbursement
34 from the proceeds of notes or bonds issued by the environmental facili-
35 ties corporation or any other public authority for disbursements of up
36 to $11,000,000 from any capital appropriation or reappropriation author-
37 ized by a chapter of the laws of 2003 to the department of environmental
38 conservation for environmental purposes.
39 The Comptroller is hereby authorized to receive from the Dormitory
40 Authority any portion of bond proceeds paid to provide funds for or
41 reimburse the state for its costs associated with expedited deployment
42 funding for enhanced 911 wireless service and to credit such amounts to
43 the capital project fund or any other appropriate funds.
44 § 14. Notwithstanding any other law, rule, or regulation to the
45 contrary, the state comptroller is hereby authorized and directed to use
46 any balance remaining in the mental health services fund debt service
47 appropriation, after payment by the state comptroller of all obligations
48 of the facilities development corporation or any successor agency there-
49 of, required pursuant to any lease, sublease, or other financing
50 arrangement between the facilities development corporation, the dormito-
51 ry authority of the state of New York as successor to the New York state
52 medical care facilities financing agency, and the facilities development
53 corporation pursuant to chapter 83 of the laws of 1995 and the depart-
54 ment of mental hygiene for the purpose of making payments to such agency
55 for the amount of the earnings for the investment of monies deposited in
56 the mental health services fund that such agency determines will or may
S. 1406--B 403 A. 2106--B
1 have to be rebated to the federal government pursuant to the provisions
2 of the internal revenue code of 1986, as amended, in order to enable
3 such agency to maintain the exemption from federal income taxation on
4 the interest paid to the holders of such agency's mental services facil-
5 ities improvement revenue bonds. On or before June 30, 2004, such agency
6 shall certify to the state comptroller its determination of the amounts
7 received in the mental health services fund as a result of the invest-
8 ment of monies deposited therein that will or may have to be rebated to
9 the federal government pursuant to the provisions of the internal reven-
10 ue code of 1986, as amended.
11 § 15. (1) Notwithstanding any other law, rule, or regulation to the
12 contrary, the state comptroller shall at the commencement of each month
13 certify to the director of the budget, the commissioner of environmental
14 conservation, the chair of the senate finance committee, and the chair
15 of the assembly ways and means committee the amounts disbursed from all
16 appropriations for hazardous waste site remediation disbursements for
17 the month preceding such certification.
18 (2) Notwithstanding any law to the contrary, prior to the issuance by
19 the comptroller of bonds authorized pursuant to subdivision a of section
20 4 of the environmental quality bond act of nineteen hundred eighty-six,
21 as enacted by chapter 511 of the laws of 1986, disbursements from all
22 appropriations for that purpose shall first be reimbursed from moneys
23 credited to the hazardous waste remedial fund, site investigation and
24 construction account, to the extent moneys are available in such
25 account. For purposes of determining moneys available in such account,
26 the commissioner of environmental conservation shall certify to the
27 comptroller the amounts required for administration of the hazardous
28 waste remedial program.
29 (3) The comptroller is hereby authorized and directed to transfer any
30 balance above the amounts certified by the commissioner of environmental
31 conservation to reimburse disbursements pursuant to all appropriations
32 from such site investigation and construction account; provided, howev-
33 er, that if such transfers are determined by the comptroller to be
34 insufficient to assure that interest paid to holders of state obli-
35 gations issued for hazardous waste purposes pursuant to the environ-
36 mental quality bond act of nineteen hundred eighty-six, as enacted by
37 chapter 511 of the laws of 1986, is exempt from federal income taxation,
38 the comptroller is hereby authorized and directed to transfer, from such
39 site investigation and construction account to the general fund, the
40 amount necessary to redeem bonds in an amount necessary to assure the
41 continuation of such tax exempt status. Prior to the making of any such
42 transfers, the comptroller shall notify the director of the budget of
43 the amount of such transfers.
44 § 16. Subdivision 4 of section 66-b of the state finance law is
45 REPEALED and a new subdivision 4 is added to read as follows:
46 4. The maximum amount of certificates of participation or similar
47 instruments representing periodic payments due from the state of New
48 York, issued on behalf of state departments and agencies, the city
49 university of New York and any other state entity otherwise specified
50 after March thirty-first, two thousand three shall be seventy million
51 dollars. Such amount shall be exclusive of certificates of participation
52 or similar instruments issued to fund a reserve fund or funds, costs of
53 issuance and to refund outstanding certificates of participation.
54 § 17. Subject to the provisions of chapter 59 of the laws of 2000 and
55 pursuant to article 5-A of the state finance law, the total amount of
56 certificates of participation to be issued in the state fiscal year
S. 1406--B 404 A. 2106--B
1 beginning April 1, 2003, to finance and, where appropriate to refinance,
2 personal property purposes excluding the cost of issuance and related
3 costs, shall not exceed $70,000,000 for installment purchases and/or
4 lease purchases of all state departments and agencies, units of the
5 state university of New York and city university of New York, and the
6 unified court system.
7 § 18. Paragraph (a) of subdivision 2 of section 47-e of the private
8 housing finance law, as amended by section 25 of part K of chapter 81 of
9 the laws of 2002, is amended to read as follows:
10 (a) [In] Subject to the provisions of chapter fifty-nine of the laws
11 of two thousand, in order to enhance and encourage the promotion of
12 housing programs and thereby achieve the stated purposes and objectives
13 of such housing programs, the agency shall have the power and is hereby
14 authorized from time to time to issue negotiable housing program bonds
15 and notes in such principal amount as shall be necessary to provide
16 sufficient funds for the repayment of amounts disbursed (and not previ-
17 ously reimbursed) pursuant to a chapter of the laws of two thousand
18 [two] three or any prior year making capital appropriations or reappro-
19 priations for the purposes of the housing program[,]; provided, however,
20 that the agency may issue such bonds and notes in an aggregate principal
21 amount not exceeding one billion [four] five hundred [ten] twenty-six
22 million dollars, plus a principal amount of bonds issued to fund the
23 debt service reserve fund in accordance with the debt service reserve
24 fund requirement established by the agency and to fund any other
25 reserves that the agency reasonably deems necessary for the security or
26 marketability of such bonds and to provide for the payment of fees and
27 other charges and expenses, including underwriters' discount, trustee
28 and rating agency fees, bond insurance, credit enhancement and liquidity
29 enhancement related to the issuance of such bonds and notes. No reserve
30 fund securing the housing program bonds shall be entitled or eligible to
31 receive state funds apportioned or appropriated to maintain or restore
32 such reserve fund at or to a particular level, except to the extent of
33 any deficiency resulting directly or indirectly from a failure of the
34 state to appropriate or pay the agreed amount under any of the contracts
35 provided for in subdivision four of this section.
36 § 19. Paragraph (a) of subdivision 5 of section 47-e of the private
37 housing finance law, as amended by section 26 of part K of chapter 81 of
38 the laws of 2002, is amended to read as follows:
39 (a) [Upon] Subject to the provisions of chapter fifty-nine of the laws
40 of two thousand, upon the issuance of housing program bonds or notes,
41 the agency shall apply such amount of the proceeds thereof as shall be
42 designated and specified in the bond or note resolution or resolutions
43 authorizing the issuance of such bonds or notes to the specific funds
44 and/or accounts of one or more housing programs. The bond resolution or
45 resolutions authorizing the issuance of such bonds or notes shall only
46 allocate net proceeds of bonds or notes to a particular fund or account
47 of a housing program if the legislature has authorized in a chapter of
48 the laws of two thousand [two] three or any prior year an advance to
49 such fund or account, and the amount of such bond or note proceeds so
50 allocated to such fund or account shall not exceed the total amount so
51 authorized to be advanced. Such proceeds shall be disbursed to such a
52 fund or account in accordance with such allocation only for application
53 to the repayment of advances previously or thereupon made and not previ-
54 ously repaid. Such proceeds may not be transferred from an entity
55 authorized to administer a housing program to the state or a fund of the
56 state, except in repayment of such advances. Except in the case of
S. 1406--B 405 A. 2106--B
1 refunding bonds or notes authorized hereunder, any net proceeds not so
2 allocated or disbursed shall be utilized first to pay debt service on
3 the applicable bonds or notes in the current or the succeeding fiscal
4 year and second to the redemption of such bonds[,]; provided that such
5 application may be adjusted to comply with applicable federal law as to
6 federal tax exemption. For purposes of this paragraph, earnings from the
7 investment of net proceeds shall be treated as net proceeds.
8 § 20. Section 17 of part D of chapter 389 of the laws of 1997, relat-
9 ing to the financing of the youth facility improvement fund, as amended
10 by section 41 of part H of chapter 56 of the laws of 2000, is amended to
11 read as follows:
12 § 17. Youth facilities bond program. 1. [Notwithstanding] Subject to
13 the provisions of chapter 59 of the laws of 2000, but notwithstanding
14 the provisions of section 18 of section 1 of chapter 174 of the laws of
15 1968, the New York state urban development corporation is hereby author-
16 ized to issue bonds, notes and other obligations in an aggregate princi-
17 pal amount not to exceed three hundred twenty-eight million five hundred
18 fifteen thousand dollars ($328,515,000), which authorization increases
19 the aggregate principal amount of bonds, notes and other obligations
20 authorized by section 40 of chapter 309 of the laws of 1996, and shall
21 include all bonds, notes and other obligations issued pursuant to chap-
22 ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
23 such bonds, notes or other obligations shall be paid to the state, for
24 deposit in the youth facilities improvement fund, to pay for all or any
25 portion of the amount or amounts paid by the state from appropriations
26 or reappropriations made to the office of children and family services
27 from the youth facilities improvement fund for capital projects. The
28 aggregate amount of bonds, notes and other obligations authorized to be
29 issued pursuant to this section shall exclude bonds, notes or other
30 obligations issued to refund or otherwise repay bonds, notes or other
31 obligations theretofore issued, the proceeds of which were paid to the
32 state for all or a portion of the amounts expended by the state from
33 appropriations or reappropriations made to the office of children and
34 family services; provided, however, that upon any such refunding or
35 repayment the total aggregate principal amount of outstanding bonds,
36 notes or other obligations may be greater than three hundred twenty-
37 eight million five hundred fifteen thousand dollars ($328,515,000), only
38 if the present value of the aggregate debt service of the refunding or
39 repayment bonds, notes or other obligations to be issued shall not
40 exceed the present value of the aggregate debt service of the bonds,
41 notes or other obligations so to be refunded or repaid. For the purposes
42 hereof, the present value of the aggregate debt service of the refunding
43 or repayment bonds, notes or other obligations and of the aggregate debt
44 service of the bonds, notes or other obligations so refunded or repaid,
45 shall be calculated by utilizing the effective interest rate of the
46 refunding or repayment bonds, notes or other obligations, which shall be
47 that rate arrived at by doubling the semi-annual interest rate
48 (compounded semi-annually) necessary to discount the debt service
49 payments on the refunding or repayment bonds, notes or other obligations
50 from the payment dates thereof to the date of issue of the refunding or
51 repayment bonds, notes or other obligations and to the price bid includ-
52 ing estimated accrued interest or proceeds received by the corporation
53 including estimated accrued interest from the sale thereof.
54 2. For purposes of this section, the following provisions shall apply
55 to powers in connection with financing and refinancing of the design,
56 acquisition, construction, reconstruction, rehabilitation and improve-
S. 1406--B 406 A. 2106--B
1 ment of facilities for the office of children and family services by the
2 New York state urban development corporation.
3 (a) The New York state office of general services shall be responsible
4 for the undertaking of studies, planning, site acquisition, design,
5 construction, reconstruction, renovation and development of youth facil-
6 ities, including the making of any purchases therefor, on behalf of the
7 New York state office of children and family services.
8 (b) Notwithstanding the provisions of any general or special law to
9 the contrary, and subject to the making of annual appropriations there-
10 for by the legislature, in order to assist the New York state urban
11 development corporation in the financing and refinancing of the design,
12 acquisition, construction, reconstruction, rehabilitation and improve-
13 ment of facilities for the office of children and family services, the
14 director of the budget is authorized in any state fiscal year to enter
15 into one or more service contracts, none of which shall exceed thirty
16 years in duration, with the New York state urban development corpo-
17 ration, upon such terms as the director of the budget and the New York
18 state urban development corporation agree;
19 (c) Any service contract entered into pursuant to paragraph (a) of
20 this subdivision or any payments made or to be made thereunder may be
21 assigned and pledged by the New York state urban development corporation
22 as security for its bonds and notes;
23 (d) Any such service contract shall provide that the obligation of the
24 director of the budget or of the state to fund or to pay the amounts
25 therein provided for shall not constitute a debt of the state within the
26 meaning of any constitutional or statutory provision in the event the
27 New York state urban development corporation assigns or pledges service
28 contract payments as security for its bonds or notes and shall be deemed
29 executory only to the extent moneys are available and that no liability
30 shall be incurred by the state beyond the moneys available for the
31 purpose, and that such obligation is subject to annual appropriation by
32 the legislature;
33 (e) Any service contract or contracts for projects entered into pursu-
34 ant to this subdivision shall provide for state commitments to provide
35 annually to the New York state urban development corporation a sum or
36 sums, upon such terms and conditions as shall be deemed appropriate by
37 the director of the budget, to fund, or to fund the debt service
38 requirements of, any bonds or notes, including bonds issued to fund any
39 required debt service reserve requirement for bonds, of the New York
40 state urban development corporation issued to pay to the state all or a
41 portion of the amounts expended by the state from appropriations or
42 reappropriations made to the office of children and family services for
43 capital projects.
44 3. (a) The provisions of section 17 of the public officers law shall
45 apply to directors, officers, employees and agents of the New York state
46 urban development corporation in connection with any and all claims,
47 demands, suits, actions or proceedings which may be made or brought
48 against any of them arising out of any determinations made or actions
49 taken or omitted to be taken in compliance with any obligations under or
50 pursuant to the terms of this section. The provisions of this subdivi-
51 sion shall be in addition to and shall not supplant any indemnification
52 or other benefits heretofore or hereafter conferred upon directors,
53 officers and employees of the corporation by subdivision 3-a of section
54 4 of section 1 of chapter 174 of the laws of 1968, as amended by action
55 of such corporation, or otherwise.
S. 1406--B 407 A. 2106--B
1 (b) The state shall and hereby agrees to and does indemnify and save
2 harmless the New York state urban development corporation from and
3 against any and all liability, loss, damage, interest, judgments and
4 liens, and any and all costs and expenses (including, but not limited
5 to, counsel fees and disbursements) arising out of or incurred in
6 connection with any and all claims, demands, suits, actions or
7 proceedings which may be made or brought against such corporation (1)
8 arising out of any determinations made or actions taken or omitted to be
9 taken or compliance with any obligations under or pursuant to the terms
10 of this act, or (2) for or in relation to any injuries, including death
11 at any time resulting therefrom, sustained by a person or persons, or on
12 account of damage to or loss of property, through theft or otherwise, to
13 the extent the same arises out of or in consequence of the design,
14 acquisition, construction, reconstruction, rehabilitation and improve-
15 ment of facilities for the office of children and family services,
16 including the furnishing and equipping thereof, but in each such case
17 only to the extent that such corporation is not otherwise compensated
18 therefor by insurance.
19 § 21. Section 34 of part K of chapter 81 of the laws of 2002, relating
20 to the financing of the Alfred E. Smith office building located in the
21 city of Albany, is amended to read as follows:
22 § 34. (a) [Notwithstanding] Subject to the provisions of chapter 59 of
23 the laws of 2000, but notwithstanding the provisions of section 18 of
24 the New York state urban development corporation act, the urban develop-
25 ment corporation is hereby authorized to issue bonds or notes in one or
26 more series in an aggregate principal amount not to exceed $89,000,000,
27 excluding bonds issued to fund one or more debt service reserve funds,
28 to pay costs of issuance of such bonds, and bonds or notes issued to
29 refund or otherwise repay such bonds or notes previously issued, for the
30 purpose of financing the Alfred E. Smith office building located in the
31 city of Albany, including the reimbursement of any disbursements made
32 from the state capital projects fund. Such bonds and notes of the corpo-
33 ration shall not be a debt of the state, and the state shall not be
34 liable thereon, nor shall they be payable out of any funds other than
35 those appropriated by the state to the corporation for debt service and
36 related expenses pursuant to any service contracts executed pursuant to
37 subdivision (b) of this section and such bonds and notes shall contain
38 on the face of thereof a statement to such effect. Except for purposes
39 of complying with the internal revenue code, any interest income earned
40 on bond proceeds shall only be used to pay debt service on such bonds.
41 (b) Notwithstanding any provisions of law to the contrary, in order to
42 assist the corporation in undertaking the administration and financing
43 of the project authorized pursuant to subdivision (a) of this section,
44 the director of the budget is hereby authorized to enter into one or
45 more service contracts with the corporation, none of which shall exceed
46 more than twenty years in duration, upon such terms and conditions as
47 the director of the budget and the corporation agree, so as to annually
48 provide to the corporation in the aggregate, a sum not to exceed the
49 annual debt service payments and related expenses required for the bonds
50 and notes issued pursuant to this section. Any service contract entered
51 into pursuant to this subdivision shall provide that the obligation of
52 the state to pay the amount therein provided shall not constitute a debt
53 of the state within the meaning of any constitutional or statutory
54 provision and shall be deemed executory only to the extent of monies
55 available and that no liability shall be incurred by the state beyond
56 the monies available for such purposes, subject to annual appropriation
S. 1406--B 408 A. 2106--B
1 by the legislature. Any such contract or any payments made or to be made
2 thereunder may be assigned and pledged by the corporation as security
3 for its bonds and notes, as authorized by this section.
4 § 22. Section 35 of part K of chapter 81 of the laws of 2002, relating
5 to the financing of the Elk street parking garage building located in
6 the city of Albany, is amended to read as follows:
7 § 35. (a) [Notwithstanding] Subject to the provisions of chapter 59 of
8 the laws of 2000, but notwithstanding the provisions of section 18 of
9 the New York state urban development corporation act, the urban develop-
10 ment corporation is hereby authorized to issue bonds or notes in one or
11 more series in an aggregate principal amount not to exceed $21,000,000,
12 excluding bonds issued to fund one or more debt service reserve funds,
13 to pay costs of issuance of such bonds, and bonds or notes issued to
14 refund or otherwise repay such bonds or notes previously issued, for the
15 purpose of financing the Elk street parking garage building located in
16 the city of Albany, including the reimbursement of any disbursements
17 made from the state capital projects fund. Such bonds and notes of the
18 corporation shall not be a debt of the state, and the state shall not be
19 liable thereon, nor shall they be payable out of any funds other than
20 those appropriated by the state to the corporation for debt service and
21 related expenses pursuant to any service contracts executed pursuant to
22 subdivision (b) of this section and such bonds and notes shall contain
23 on the face thereof a statement to such effect. Except for purposes of
24 complying with the internal revenue code, any interest income earned on
25 bond proceeds shall only be used to pay debt service on such bonds.
26 (b) Notwithstanding any provisions of law to the contrary, in order to
27 assist the corporation in undertaking the administration and financing
28 of the project authorized pursuant to subdivision (a) of this section,
29 the director of the budget is hereby authorized to enter into one or
30 more service contracts with the corporation, none of which shall exceed
31 more than twenty years in duration, upon such terms and conditions as
32 the director of the budget and the corporation agree, so as to annually
33 provide to the corporation in the aggregate, a sum not to exceed the
34 annual debt service payments and related expenses required for the bonds
35 and notes issued pursuant to this section. Any service contract entered
36 into pursuant to this subdivision shall provide that the obligation of
37 the state to pay the amount therein provided shall not constitute a debt
38 of the state within the meaning of any constitutional or statutory
39 provision and shall be deemed executory only to the extent of monies
40 available and that no liability shall be incurred by the state beyond
41 the monies available for such purposes, subject to annual appropriation
42 by the legislature. Any such contract or any payments made or to be made
43 thereunder may be assigned and pledged by the corporation as security
44 for its bonds and notes, as authorized by this section.
45 § 23. Section 1285-p of the public authorities law, as added by
46 section 47 of part K of chapter 81 of the laws of 2002, is amended to
47 read as follows:
48 § 1285-p. State environmental infrastructure projects. In order to
49 effectuate the purposes of this title, the corporation shall have the
50 following additional special powers:
51 1. Subject to chapter fifty-nine of the laws of two thousand, but
52 notwithstanding any other provisions of law to the contrary, in order to
53 assist the corporation in undertaking the administration and the financ-
54 ing of the design, acquisition, construction, improvement, installation,
55 and related work for all or any portion of any of the following environ-
56 mental infrastructure projects and for the provision of funds to the
S. 1406--B 409 A. 2106--B
1 state for any amounts disbursed therefor: (a) projects authorized under
2 the environmental protection fund, or for which appropriations are made
3 to the environmental protection fund including, but not limited to
4 municipal parks and historic preservation, [state parks infrastructure,]
5 stewardship, farmland protection, non-point source, pollution control,
6 Hudson River Park, land acquisition, and waterfront revitalization; (b)
7 department of environmental conservation capital appropriations for
8 Onondaga Lake for certain water quality improvement projects in the same
9 manner as set forth in paragraph d of subdivision one of section 56-0303
10 of the environmental conservation law; [and] (c) for the purpose of the
11 administration, management, maintenance, and use of the real property at
12 the western New York nuclear service center; (d) department of environ-
13 mental conservation capital appropriations for the administration,
14 design, acquisition, construction, improvement, installation, and
15 related work on department of environmental conservation environmental
16 infrastructure projects; and (e) office of parks, recreation and histor-
17 ic preservation appropriations or reappropriations from the state parks
18 infrastructure fund, the director of the division of budget and the
19 corporation are each authorized to enter into one or more service
20 contracts, none of which shall exceed twenty years in duration, upon
21 such terms and conditions as the director and the corporation may agree,
22 so as to annually provide to the corporation in the aggregate, a sum not
23 to exceed the annual debt service payments and related expenses required
24 for any bonds and notes authorized pursuant to section twelve hundred
25 ninety of this title. Any service contract entered into pursuant to this
26 section shall provide that the obligation of the state to fund or to pay
27 the amounts therein provided for shall not constitute a debt of the
28 state within the meaning of any constitutional or statutory provision
29 and shall be deemed executory only to the extent of moneys available for
30 such purposes, subject to annual appropriation by the legislature. Any
31 such service contract or any payments made or to be made thereunder may
32 be assigned and pledged by the corporation as security for its bonds and
33 notes, as authorized pursuant to section twelve hundred ninety of this
34 title.
35 2. The comptroller is hereby authorized to receive from the corpo-
36 ration any portion of bond proceeds paid to provide funds for or reim-
37 burse the state for its costs associated with any state environmental
38 infrastructure projects and to credit such amounts to the capital
39 projects fund or any other appropriate fund.
40 3. The maximum amount of bonds that may be issued for the purpose of
41 financing environmental infrastructure projects authorized by this
42 section shall be [one] two hundred [thirty-five] twenty-three million
43 dollars, exclusive of bonds issued to fund any debt service reserve
44 funds, pay costs of issuance of such bonds, and bonds or notes issued to
45 refund or otherwise repay bonds or notes previously issued. Such bonds
46 and notes of the corporation shall not be a debt of the state, and the
47 state shall not be liable thereon, nor shall they be payable out of any
48 funds other than those appropriated by the state to the corporation for
49 debt service and related expenses pursuant to any service contracts
50 executed pursuant to subdivision one of this section, and such bonds and
51 notes shall contain on the face thereof a statement to such effect.
52 § 24. Section 48 of part K of chapter 81 of the laws of 2002, relating
53 to providing for the administration of certain funds and accounts
54 related to the 2002-2003 budget, is amended to read as follows:
55 § 48. (a) [Notwithstanding] Subject to the provisions of chapter 59 of
56 the laws of 2000, but notwithstanding the provisions of section 18 of
S. 1406--B 410 A. 2106--B
1 the urban development corporation act, the corporation is hereby author-
2 ized to issue bonds or notes in one or more series in an aggregate prin-
3 cipal amount not to exceed [$15,000,000] $25,000,000 excluding bonds
4 issued to fund one or more debt service reserve funds, to pay costs of
5 issuance of such bonds, and bonds or notes issued to refund or otherwise
6 repay such bonds or notes previously issued, for the purpose of financ-
7 ing capital costs related to homeland security for the division of state
8 police, the division of military and naval affairs, and any other state
9 agency, including the reimbursement of any disbursements made from the
10 state capital projects fund, and is hereby authorized to issue bonds or
11 notes in one or more series in an aggregate principal amount not to
12 exceed [$12,000,000] $22,000,000, excluding bonds issued to fund one or
13 more debt service reserve funds, to pay costs of issuance of such bonds,
14 and bonds or notes issued to refund or otherwise repay such bonds or
15 notes previously issued, for the purpose of financing improvements to
16 State office buildings and other facilities located statewide, including
17 the reimbursement of any disbursements made from the state capital
18 projects fund. Such bonds and notes of the corporation shall not be a
19 debt of the state, and the state shall not be liable thereon, nor shall
20 they be payable out of any funds other than those appropriated by the
21 state to the corporation for debt service and related expenses pursuant
22 to any service contracts executed pursuant to subdivision (b) of this
23 section, and such bonds and notes shall contain on the face thereof a
24 statement to such effect.
25 Except for purposes of complying with the internal revenue code, any
26 interest income earned on bond proceeds shall only be used to pay debt
27 service on such bonds.
28 (b) Notwithstanding any provisions of law to the contrary, in order to
29 assist the corporation in undertaking the administration and financing
30 of the project authorized pursuant to subdivision (a) of this section,
31 the director of the budget is hereby authorized to enter into one or
32 more service contracts with the corporation, none of which shall exceed
33 twenty years in duration, upon such terms and conditions as the director
34 of the budget and the corporation agree, so as to annually provide to
35 the corporation, in the aggregate, a sum not to exceed the annual debt
36 service payments and related expenses required for the bonds and notes
37 issued pursuant to this section. Any service contract entered into
38 pursuant to this subdivision shall provide that the obligation of the
39 state to pay the amounts therein provided for shall not constitute a
40 debt of the state within the meaning of any constitutional or statutory
41 provision and shall be deemed executory only to the extent of monies
42 available and that no liability shall be incurred by the state beyond
43 the monies available for such purposes, subject to annual appropriation
44 by the legislature. Any such service contract or any payments made or to
45 be made thereunder may be assigned and pledged by the corporation as
46 security for its bonds and notes, as authorized by this section.
47 § 25. Section 1680-i of the public authorities law, as added by
48 section 49 of part K of chapter 81 of the laws of 2002, is amended to
49 read as follows:
50 § 1680-i. Judiciary; authority financing of courthouse improvements.
51 1. The dormitory authority is hereby authorized to finance eligible
52 courthouse improvements.
53 2. (a) Subject to the provisions of chapter fifty-nine of the laws of
54 two thousand and to the making of annual appropriations therefor by the
55 legislature, in order to assist the dormitory authority in providing for
56 the financing of courthouse improvements, the director of the budget is
S. 1406--B 411 A. 2106--B
1 authorized in any state fiscal year commencing April first, two thousand
2 two or any state fiscal year thereafter to enter into one or more
3 service contracts, none of which shall exceed thirty years in duration,
4 with the dormitory authority, upon such terms as the director of the
5 budget and the dormitory authority agree.
6 (b) Any service contract entered into pursuant to paragraph (a) of
7 this subdivision or any payments made or to be made thereunder may be
8 assigned and pledged by the dormitory authority as security for its
9 bonds, notes, or other obligations.
10 (c) Any such service contracts shall provide that the obligation of
11 the director of the budget or of the state to fund or to pay the amounts
12 therein provided for shall not constitute a debt of the state within the
13 meaning of any constitutional or statutory provision in the event the
14 dormitory authority assigns or pledges the service contract payments as
15 security for its bonds, notes, or other obligations and shall be deemed
16 executory only to the extent monies are available and that no liability
17 shall be incurred by the state beyond the monies available for the
18 purpose, and that such obligation is subject to annual appropriations by
19 the legislature.
20 (d) Any service contract or contracts entered into pursuant to this
21 subdivision shall provide for state commitments to provide annually to
22 the dormitory authority a sum or sums, upon such terms and conditions as
23 shall be deemed appropriate by the director of the budget, to fund the
24 principal, interest, or other related payments required for any bonds,
25 notes, or other obligations of the dormitory authority issued pursuant
26 to this section.
27 3. (a) To obtain funds for the purposes of this section, the authority
28 shall have power from time to time to issue negotiable bonds or notes.
29 Unless the context shall clearly indicate otherwise, whenever the words
30 "bond" or "bonds" are used in this section, such words shall include a
31 note or notes of the authority.
32 (b) The dormitory authority shall not issue any bonds or notes in an
33 amount in excess of [twenty] thirty-seven million [eight] six hundred
34 thousand dollars for the purposes of this section; excluding bonds or
35 notes issued to fund one or more debt service reserve funds, to pay
36 costs of issuance of such bonds, and bonds or notes issued to refund or
37 otherwise repay such bonds or notes previously issued. Except for
38 purposes of complying with the internal revenue code, any interest on
39 bond proceeds shall only be used to pay debt service on such bonds.
40 (c) In computing for the purposes of paragraph (b) of this subdivi-
41 sion, the aggregate amount of indebtedness evidenced by bonds and notes
42 of the dormitory authority issued pursuant to this title, there shall be
43 excluded the amount of such indebtedness represented by such bonds or
44 notes issued to refund or otherwise repay bonds or notes[,]; provided
45 that the amount so excluded under this paragraph may exceed the princi-
46 pal amount of such bonds or notes that were issued to refund or other-
47 wise repay only if the present value of the aggregate debt service on
48 the refunding or repayment bonds or notes shall not have at the time of
49 their issuance exceeded the present value of the aggregate debt service
50 of the bonds or notes they were issued to refund or repay, such present
51 value in each case being calculated by using the effective interest rate
52 of the refunding or repayment bonds or notes, which shall be that rate
53 arrived at by doubling the semi-annual interest rate (compounded semi-
54 annually) necessary to discount the debt service payments on the refund-
55 ing or repayment bonds or notes from the payment date thereof to the
56 date of issue of the refunding or repayment bonds or notes and to the
S. 1406--B 412 A. 2106--B
1 price bid therefor, or to the proceeds received by the dormitory author-
2 ity from the sale thereof, in each case including estimated accrued
3 interest.
4 (d) The state of New York hereby covenants with the purchasers, hold-
5 ers, and owners from time to time of the bonds of the authority issued
6 pursuant to this section that it will not, subject to the provisions of
7 paragraph (c) of subdivision two of this section, repeal, revoke,
8 rescind, modify, or amend the provisions of this section which relate to
9 the making of annual service contract payments to the authority with
10 respect to such bonds as to limit, impair, or impede the rights and
11 remedies granted to bondholders under this title or otherwise diminish
12 the security pledged to such purchasers, holders, and owners or signif-
13 icantly impair the prospect of payment of any such bond.
14 § 26. Paragraph j of subdivision 2 of section 1680 of the public
15 authorities law, as added by section 30 of part K of chapter 81 of the
16 laws of 2002, is amended to read as follows:
17 j. [The] Subject to the provisions of chapter fifty-nine of the laws
18 of two thousand, the maximum amount of bonds and notes to be issued
19 after March thirty-first, two thousand two for a housing unit for the
20 use of students at a state-operated institution or statutory or contract
21 college under the jurisdiction of the state university of New York shall
22 be four hundred [five] twenty million dollars. Such amount shall be
23 exclusive of bonds and notes issued to fund any reserve fund or funds,
24 costs of issuance, and to refund any outstanding bonds and notes relat-
25 ing to a housing unit under the jurisdiction of the state university of
26 New York.
27 § 27. Subdivision 10-a of section 1680 of the public authorities law,
28 as added by section 31 of part K of chapter 81 of the laws of 2002, is
29 amended to read as follows:
30 10-a. [Notwithstanding] Subject to the provisions of chapter fifty-
31 nine of the laws of two thousand, but notwithstanding any other
32 provision of the law to the contrary, the maximum amount of bonds and
33 notes to be issued after March thirty-first, two thousand two, on behalf
34 of the state, in relation to any locally sponsored community college,
35 shall be [one] two hundred [seventy-five] ten million dollars. Such
36 amount shall be exclusive of bonds and notes issued to fund any reserve
37 fund or funds, costs of issuance and to refund any outstanding bonds and
38 notes, issued on behalf of the state, relating to a locally sponsored
39 community college.
40 § 28. Paragraph (c) of subdivision 14 of section 1680 of the public
41 authorities law, as amended by section 33 of part B of chapter 57 of the
42 laws of 1998, is amended to read as follows:
43 (c) (i) [The] Subject to the provisions of chapter fifty-nine of the
44 laws of two thousand, the dormitory authority shall not deliver a series
45 of bonds for city university community college facilities, except to
46 refund or to be substituted for or in lieu of other bonds in relation to
47 city university community college facilities pursuant to a resolution of
48 the dormitory authority adopted before July first, nineteen hundred
49 eighty-five or any resolution supplemental thereto, if the principal
50 amount of bonds so to be issued when added to all principal amounts of
51 bonds previously issued by the dormitory authority for city university
52 community college facilities, except to refund or to be substituted in
53 lieu of other bonds in relation to city university community college
54 facilities will exceed the sum of four hundred twenty-five million
55 dollars and (ii) the dormitory authority shall not deliver a series of
56 bonds issued for city university facilities, including community college
S. 1406--B 413 A. 2106--B
1 facilities, pursuant to a resolution of the dormitory authority adopted
2 on or after July first, nineteen hundred eighty-five, except to refund
3 or to be substituted for or in lieu of other bonds in relation to city
4 university facilities and except for bonds issued pursuant to a resol-
5 ution supplemental to a resolution of the dormitory authority adopted
6 prior to July first, nineteen hundred eighty-five, if the principal
7 amount of bonds so to be issued when added to the principal amount of
8 bonds previously issued pursuant to any such resolution, except bonds
9 issued to refund or to be substituted for or in lieu of other bonds in
10 relation to city university facilities, will exceed three billion four
11 hundred [fifteen] sixty-five million dollars. The legislature reserves
12 the right to amend or repeal such limit, and the state of New York, the
13 dormitory authority, the city university, and the fund are prohibited
14 from covenanting or making any other agreements with or for the benefit
15 of bondholders which might in any way affect such right.
16 § 29. Paragraph (c) of subdivision 19 of section 1680 of the public
17 authorities law, as amended by section 34 of part B of chapter 57 of the
18 laws of 1998, is amended to read as follows:
19 (c) [The] Subject to the provisions of chapter fifty-nine of the laws
20 of two thousand, the dormitory authority shall not issue any bonds for
21 state university educational facilities purposes if the principal amount
22 of bonds to be issued when added to the aggregate principal amount of
23 bonds issued by the dormitory authority on and after July first, nine-
24 teen hundred eighty-eight for state university educational facilities
25 will exceed three billion [two] five hundred fifty million dollars;
26 provided, however, that bonds issued or to be issued shall be excluded
27 from such limitation if: (1) such bonds are issued to refund state
28 university construction bonds and state university construction notes
29 previously issued by the housing finance agency; or (2) such bonds are
30 issued to refund bonds of the authority or other obligations issued for
31 state university educational facilities purposes and the present value
32 of the aggregate debt service on the refunding bonds does not exceed the
33 present value of the aggregate debt service on the bonds refunded there-
34 by; provided, further that upon certification by the director of the
35 budget that the issuance of refunding bonds or other obligations issued
36 between April first, nineteen hundred ninety-two and March thirty-first,
37 nineteen hundred ninety-three will generate long term economic benefits
38 to the state, as assessed on a present value basis, such issuance will
39 be deemed to have met the present value test noted above. For purposes
40 of this subdivision, the present value of the aggregate debt service of
41 the refunding bonds and the aggregate debt service of the bonds
42 refunded, shall be calculated by utilizing the true interest cost of the
43 refunding bonds, which shall be that rate arrived at by doubling the
44 semi-annual interest rate (compounded semi-annually) necessary to
45 discount the debt service payments on the refunding bonds from the
46 payment dates thereof to the date of issue of the refunding bonds to the
47 purchase price of the refunding bonds, including interest accrued there-
48 on prior to the issuance thereof. The maturity of such bonds, other than
49 bonds issued to refund outstanding bonds, shall not exceed the weighted
50 average economic life, as certified by the state university construction
51 fund, of the facilities in connection with which the bonds are issued,
52 and in any case not later than the earlier of thirty years or the expi-
53 ration of the term of any lease, sublease or other agreement relating
54 thereto; provided that no note, including renewals thereof, shall mature
55 later than five years after the date of issuance of such note. The
56 legislature reserves the right to amend or repeal such limit, and the
S. 1406--B 414 A. 2106--B
1 state of New York, the dormitory authority, the state university of New
2 York, and the state university construction fund are prohibited from
3 covenanting or making any other agreements with or for the benefit of
4 bondholders which might in any way affect such right.
5 § 30. The state finance law is amended by adding a new section 97-cccc
6 to read as follows:
7 § 97-cccc. Interest assessment surcharge fund. 1. There is hereby
8 established in the joint custody of the commissioner of taxation and
9 finance and the state comptroller a fund to be known as the "interest
10 assessment surcharge fund".
11 2. The interest assessment surcharge fund shall consist of all moneys
12 collected and received by the commissioner from employers pursuant to
13 section five hundred eighty-one-d of the labor law and of interest
14 earned upon moneys belonging to such fund and deposited or invested. All
15 moneys so collected shall be deposited in a bank, trust company or
16 industrial bank designated by the state comptroller. Moneys so deposited
17 shall be credited immediately to the account of the interest assessment
18 surcharge fund and shall be used for the purposes set forth in this
19 section. Moneys in such fund may be invested by the state comptroller in
20 accordance with the provisions of section ninety-eight of this article,
21 and shall be used for the purposes specified in this section. Any
22 balance in such fund shall not lapse but shall remain continuously
23 available for such purposes until full interest payments are paid to the
24 federal government in accordance with the provisions of this section.
25 3. Moneys in the interest assessment surcharge fund shall be kept
26 separate from and shall not be commingled with any other moneys in the
27 custody of the commissioner of taxation and finance and the state comp-
28 troller. All deposits of such moneys shall, if required by the state
29 comptroller, be secured by obligations of the United States or of this
30 state of market value equal at all times to the amount of the deposit
31 and all banks and trust companies are authorized to give such securities
32 for such deposits.
33 4. Moneys of the fund shall be used exclusively for the purpose of
34 paying interest due on advances from the federal unemployment account
35 under Title XII of the Social Security Act (42 U.S. Code Sections 1321
36 to 1324) and thereafter crediting employer accounts as provided in
37 section five hundred eighty-one-d of the labor law. The moneys shall be
38 paid out of the fund on the audit and warrant of the state comptroller.
39 5. The interest assessment surcharge fund shall not be used in whole
40 or in part for any purpose or in any manner which (a) would permit its
41 substitution for, or a corresponding reduction in, federal funds that
42 would be available in its absence to finance expenditures for the admin-
43 istration of this article; or (b) would cause the appropriate agency of
44 the United States government to withhold any part of an administrative
45 grant which would otherwise be made.
46 § 31. The labor law is amended by adding a new section 581-d to read
47 as follows:
48 § 581-d. Contributions to the interest assessment surcharge fund. 1.
49 Each employer that is liable for contributions under this article shall
50 pay an assessment to the commissioner at a rate established annually by
51 the commissioner sufficient to pay interest due on advances from the
52 federal unemployment account under Title XII of the Social Security Act
53 (42 U.S. Code Sections 1321 to 1324) during any period that such inter-
54 est will accrue. The rate shall be applied to wages as defined in
55 section five hundred eighteen of this article effective as of the begin-
56 ning of the first calendar quarter of the year such interest becomes
S. 1406--B 415 A. 2106--B
1 due. The commissioner shall establish the necessary procedures for
2 payment of such assessments. The amounts received by the commissioner
3 based on such assessments shall be paid over and credited to the inter-
4 est assessment surcharge fund. At such time that the commissioner deter-
5 mines that this assessment is no longer necessary, any amount remaining
6 from such assessments, after all such federal interest charges have been
7 paid, shall be deposited into the unemployment insurance trust fund and
8 credited to employer accounts. Such credits shall be determined based on
9 the percentage of each employer's wages to the total statewide wages of
10 the payroll year and credited to each employer's account as of the
11 computation date of the year prior to which such assessment shall no
12 longer be levied. The provisions of law applicable to the collection of
13 contributions shall apply to the collection of such assessments.
14 2. The commissioner shall notify the chairpersons of the senate
15 finance committee and the assembly ways and means committee of the
16 amount being assessed on employers and the procedures for payment of
17 such assessments no later than thirty days prior to the application of
18 the interest assessment surcharge. On a quarterly basis the commissioner
19 shall provide the chairpersons of the senate finance committee and the
20 assembly ways and means committee the assessment rate that shall be
21 applied to wages as well as the amount of any previous advances and the
22 estimated amount of future monthly advances from the federal unemploy-
23 ment account under Title XII of the Social Security Act (42 U.S. Code
24 Sections 1321 to 1324) for the calendar year, the amount of interest due
25 and the amount of interest paid for the calendar year.
26 § 32. Section 69-c of the state finance law, as amended by chapter 7
27 of the laws of 2003, is amended to read as follows:
28 § 69-c. Variable rate bonds. Notwithstanding any other provision of
29 law to the contrary, any State-supported debt may be issued as variable
30 rate bonds. Notwithstanding any other provision of law to the contrary,
31 for purposes of calculating the present value of debt service and calcu-
32 lating savings in connection with the issuance of refunding indebt-
33 edness, (i) the effective interest rate and debt service payable on
34 variable rate bonds in connection with which, and to the extent that, an
35 authorized issuer has entered into an interest rate exchange or similar
36 agreement pursuant to which the authorized issuer makes payments based
37 on a fixed rate and receives payments based on a variable rate that is
38 reasonably expected by such authorized issuer to be equivalent over time
39 to the variable rate paid on the related variable rate bonds, shall be
40 calculated assuming that the rate of interest on such variable rate
41 bonds is the fixed rate payable by the authorized issuer on such inter-
42 est rate exchange or similar agreement for the scheduled term of such
43 agreement; (ii) the effective interest rate and debt service on variable
44 rate bonds in connection with which, and to the extent that, an author-
45 ized issuer has not entered into such an interest rate exchange or simi-
46 lar agreement shall be calculated assuming that interest on such vari-
47 able interest rate bonds is payable at a rate or rates reasonably
48 assumed by the authorized issuer; [and] (iii) the effective interest
49 rate and debt service on any bonds subject to optional or mandatory
50 tender shall be calculated assuming that such bonds are remarketed
51 following any such tender at a rate or rates reasonably assumed by the
52 authorized issuer; and (iv) otherwise, the effective interest rate and
53 debt service on any bonds shall be calculated at a rate or rates reason-
54 ably assumed by the authorized issuer. Notwithstanding any other
55 provision of law to the contrary, for calculating the present value of
56 debt service and calculating savings in connection within the issuance
S. 1406--B 416 A. 2106--B
1 of refunding indebtedness, the refunding of variable rate debt instru-
2 ments with new variable rate debt instruments shall be excluded from any
3 such requirements, if effectuated for sound business purposes.
4 § 33. Subdivision 1 of section 69-d of the state finance law, as added
5 by section 38 of part K of chapter 81 of the laws of 2002, is amended to
6 read as follows:
7 1. Authorized issuer; powers. In connection with the issuance of
8 State-supported debt, or in connection with such State-supported debt
9 already outstanding, an authorized issuer shall have the power to:
10 (a) enter into interest rate exchange or similar agreements with any
11 person under such terms and conditions as the authorized issuer may
12 determine, including provisions as to default or early termination and
13 indemnification by the authorized issuer or any other party thereto for
14 loss of benefits as a result thereof;
15 (b) procure insurance, letters of credit or other credit enhancement
16 with respect to agreements described in paragraph (a) of this subdivi-
17 sion;
18 (c) provide security for the payment or performance of its obligations
19 with respect to agreements described in paragraph (a) of this subdivi-
20 sion from such sources and with the same effect as is authorized by
21 applicable law with respect to security for its bonds, notes or other
22 obligations, provided, however, that any payment or performance of obli-
23 gations with respect to agreements described in paragraph (a) of this
24 subdivision in connection with debt obligations which carry the full
25 faith and credit of the state shall be subject to appropriation;
26 (d) the state, acting through the director of the budget or other
27 state officials who are so authorized by applicable law with respect to
28 such bonds, notes or other obligations, shall also be authorized to
29 enter into or amend agreements related to such State-supported debt to
30 provide for payment, subject to appropriation, to such authorized issuer
31 of any amounts required to be paid by such authorized issuer under any
32 such interest rate exchange or similar agreement; [and]
33 (e) if such funds are available, provide collateral for its own obli-
34 gations under any such interest rate exchange or similar agreement; and
35 (f) modify, amend, or replace, such agreements.
36 § 34. Subdivisions 1 and 2 of section 67-b of the state finance law,
37 as added by chapter 59 of the laws of 2000, are amended to read as
38 follows:
39 1. (a) State-supported debt may not be contracted for unless, as of
40 October thirty-first, two thousand one and as of each October thirty-
41 first thereafter, the total outstanding principal amount of such debt,
42 as of the last day of the immediately preceding fiscal year, is less
43 than the designated percentage of the total personal income of the
44 state. Nothing shall preclude the contracting of state-supported debt
45 prior to October thirty-first of each year if, as of the last day of the
46 immediately preceding fiscal year, the total outstanding principal
47 amount of such debt was less than the designated percentage of the total
48 personal income of the state. The total outstanding principal amount of
49 debt shall include all state-supported debt issued on and after April
50 first, two thousand. Such designated percentage shall be seven and one-
51 half-tenths of one percent for fiscal year two thousand--two thousand
52 one, and shall increase by five-tenths of one percent in fiscal year two
53 thousand one--two thousand two, by an additional four-tenths of one
54 percent in fiscal year two thousand two--two thousand three, and by an
55 additional one-third of one percent in each of the seven subsequent
56 fiscal years. The designated percentage for fiscal year two thousand
S. 1406--B 417 A. 2106--B
1 ten--two thousand eleven and for each fiscal year thereafter shall be
2 four percent.
3 (b) If state-supported debt is issued to refund or otherwise affect
4 the refunding, retirement or defeasance of [previously-issued] state-
5 supported debt originally issued on and after April first, two thousand,
6 provided such refundings are conducted in accordance with section thir-
7 teen of article VII of the state constitution, [the amount of refunding
8 debt in excess of the amount of debt to be so refunded shall be excluded
9 from] the calculation of the total outstanding principal amount of debt
10 shall exclude such refunding debt, and shall only include the amount of
11 prior refunded debt, as if it were still outstanding, in each year until
12 such refunding debt is finally retired. [In addition, if] Notwithstand-
13 ing the foregoing, the provisions of such section thirteen of article
14 VII of the state constitution relating to the maintenance or management
15 of escrow funds and sinking funds shall only be applicable to state-sup-
16 ported debt issued by the state comptroller. If state-supported debt is
17 issued to refund or otherwise affect the refunding, retirement or defea-
18 sance of state-supported debt issued prior to April first, two thousand,
19 then the amount of such refunding debt shall be excluded from the calcu-
20 lation of the total outstanding principal amount of debt in each year
21 until such refunding debt is finally retired. In addition, if state-
22 supported debt is retired or defeased with payments in any fiscal year
23 made by the state that are not required by mandatory payments, such debt
24 shall be excluded from the calculation of the total outstanding princi-
25 pal amount of debt, including retirements or defeasances accomplished on
26 an economic basis.
27 2. State-supported debt may not be contracted for unless, as of Octo-
28 ber thirty-first, two thousand one and as of each October thirty-first
29 thereafter, the total amount of interest, installments of principal,
30 contributions to sinking funds, and related payments on a cash basis of
31 accounting for state-supported debt in the immediately preceding fiscal
32 year is less than the designated percentage of total governmental funds
33 receipts for such fiscal year. Nothing shall preclude the contracting of
34 state-supported debt prior to October thirty-first of each year if, in
35 the immediately preceding fiscal year, the total amount of interest,
36 installments of principal, contributions to sinking funds, and related
37 payments was less than the designated percentage of total governmental
38 funds receipts. This shall include the total amount of payments on such
39 debt issued on and after April first, two thousand, but shall not
40 include payments in any fiscal year made by the state to defease or
41 retire debt not required by mandatory payments nor payments made by the
42 state for debt issued to refund debt that was issued prior to April
43 first, two thousand. In addition, if state-supported debt is issued to
44 refund or otherwise affect the refunding, retirement or defeasance of
45 state-supported debt originally issued on and after April first, two
46 thousand, provided such refundings are conducted in accordance with
47 section thirteen of article VII of the state constitution, the calcu-
48 lation of the total amount of interest, installments of principal,
49 contributions to sinking funds, and related payments shall exclude
50 payments made on such refunding debt, and shall only include the
51 payments on the prior refunded debt, as if it were still outstanding, in
52 each year until such refunding debt is finally retired. Such designated
53 percentage shall be seven and one-half-tenths of one percent for fiscal
54 year two thousand--two thousand one, and shall increase by five-tenths
55 of one percent in fiscal year two thousand one--two thousand two, by an
56 additional four-tenths of one percent in fiscal year two thousand two--
S. 1406--B 418 A. 2106--B
1 two thousand three, and by an additional one-third of one percent in
2 each of the ten subsequent fiscal years. The designated percentage for
3 fiscal year two thousand thirteen--two thousand fourteen and for each
4 fiscal year thereafter shall be five percent.
5 § 35. Paragraph (b) of subdivision 1 of section 1290 of the public
6 authorities law, as amended by chapter 55 of the laws of 1992, is
7 amended to read as follows:
8 (b) The corporation shall have power, from time to time, to issue
9 renewal notes, to issue bonds to pay notes and whenever it deems refund-
10 ing expedient, to refund any bonds by the issuance of new bonds, whether
11 the bonds to be refunded have or have not matured, and to issue bonds
12 partly to refund bonds then outstanding, and partly for any other
13 purpose. The refunding bonds shall be sold and the proceeds applied to
14 the purchase, redemption or payment of the bonds to be refunded[;].
15 Notwithstanding any statutory ceiling on outstanding bonds, any refund-
16 ing bonds shall be sold in the amount required to pay or redeem
17 outstanding bonds, to fund any reserve, escrow or payment fund, and to
18 provide for the payment of all fees and other charges and expenses,
19 including costs of issuance, incurred in connection with the issuance of
20 such refunding bonds, provided that the present value of the aggregate
21 debt service on the refunding bonds does not exceed the present value of
22 the aggregate debt service on the bonds refunded thereby.
23 § 36. Subparagraph 3 of paragraph (e) of subdivision 19 of section
24 1680 of the public authorities law, as added by section 15 of part D of
25 chapter 389 of the laws of 1997, is amended to read as follows:
26 (3) on such day or days as shall be prescribed under any such lease,
27 sublease, or other agreement, the amount required to be paid by the
28 state university construction fund for the purpose of making payments
29 under any interest rate exchange or similar agreements entered into
30 pursuant to [section twenty-nine hundred twenty-six of this chapter]
31 article five-D of the state finance law for state university educational
32 facilities.
33 § 37. Notwithstanding any law to the contrary, and in accordance with
34 section 4 of the state finance law, the comptroller is hereby authorized
35 and directed, upon request of the director of the budget, to transfer up
36 to $330,000,000 from the federal operating grants fund - 290 to the
37 Tobacco Control and Insurance Initiatives Pool, on or after April 1,
38 2004.
39 § 38. Severability. If any clause, sentence, paragraph, subdivision,
40 section, or part of this act shall be adjudged by any court of competent
41 jurisdiction to be invalid, such judgment shall not affect, impair, or
42 invalidate the remainder thereof, but shall be confined in its operation
43 to the clause, sentence, paragraph, subdivision, section, or part there-
44 of directly involved in the controversy in which such judgment shall
45 have been rendered. It is hereby declared to be the intent of the legis-
46 lature that this act would have been enacted even if such invalid
47 provisions had not been included herein.
48 § 39. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 2003; provided,
50 however, that sections one, three, four, six, seven through fifteen, and
51 seventeen of this act shall expire March 31, 2004, when upon such date
52 the provisions of such sections shall be deemed repealed; and sections
53 thirty and thirty-one of this act shall expire December 31, 2006 and the
54 amendments made to section 69-c of the state finance law by section
55 thirty-two of this act shall not affect the expiration and repeal of
56 such section and shall be deemed to be expired therewith.
S. 1406--B 419 A. 2106--B
1 PART Q2
2 Section 1. Subdivision 51 of section 564 of chapter 170 of the laws of
3 1994 amending the executive law relating to creating a naturally occur-
4 ring retirement community supportive service program and providing for
5 the repeal of such provisions upon expiration thereof, as amended by
6 section 4 of part B of chapter 150 of the laws of 2001, is amended to
7 read as follows:
8 51. The provisions of sections four hundred ten and four hundred elev-
9 en of this act shall expire and be deemed repealed December 31, [2003]
10 2005.
11 § 2. This act shall take effect immediately.
12 PART R2
13 Section 1. Legislative intent and findings. Since the implementation
14 of the community mental health reinvestment act of 1993, the legislature
15 has found that the availability of a range of community based services
16 has enabled many persons who otherwise might be permanently institution-
17 alized to return to their community and has allowed the state to reduce
18 its longstanding reliance on state inpatient care for persons with
19 mental illness.
20 The legislature also has found that it is important that services
21 provided at the local level be coordinated and resources equitably
22 distributed throughout the state based on local comprehensive plans
23 developed pursuant to the provisions of section 5.07 of the mental
24 hygiene law. In addition, the legislature has found that staff recruit-
25 ment and retention in voluntary agencies providing services to the
26 mentally disabled is critical to ensuring the availability and continui-
27 ty of an integrated and comprehensive system of treatment and rehabili-
28 tation for persons with serious mental illness, including children and
29 adolescents with serious emotional disturbances. Further, the legisla-
30 ture has found that, the state workforce impacted by the reduction in
31 utilization of state inpatient care provides a significant contribution
32 to the continuum of community based services.
33 The legislature, therefore, finds that in order to continue to effec-
34 tively develop and implement an integrated and comprehensive system of
35 community based mental health services for persons with serious mental
36 illness, including children and adolescents with serious emotional
37 disturbances, which is responsive to the needs and desires of the people
38 it serves, it is in the interest of this state to fund community mental
39 health support and workforce reinvestment services with a focus on staff
40 recruitment and retention to ensure the long term viability of such a
41 system. This program should be evaluated in relation to its effective-
42 ness in delivering services for persons with serious mental illness,
43 including children and adolescents with serious emotional disturbances.
44 § 2. The mental hygiene law is amended by adding a new section 41.55
45 to read as follows:
46 § 41.55 Community mental health support and workforce reinvestment
47 program.
48 (a) Community mental health support and workforce reinvestment funds
49 shall be annually allocated by the commissioner based upon the following
50 criteria:
51 (1) the efficiency and effectiveness of the use of funding within the
52 local governmental unit for the delivery of services to persons with
53 serious mental illness in order to assure that resources are made avail-
S. 1406--B 420 A. 2106--B
1 able to fund mental health services to persons discharged into the
2 community; and
3 (2) other relevant factors that require the maintenance of existing
4 mental health services and the development of new mental health
5 services.
6 (b) Amounts provided pursuant to this section shall only be used to
7 fund mental health workforce related activities, including recruitment
8 and retention initiatives and training programs, and other general
9 programmatic activities to help ensure a stable mental health system.
10 Such grants and other funds shall not be used for capital costs associ-
11 ated with the development of community mental health support and work-
12 force reinvestment services.
13 (c) Prior to entering into contracts for the provision of services
14 funded pursuant to subdivision (b) of this section, the office of mental
15 health and any local governmental unit receiving such funds shall
16 consider the following:
17 (1) the service needs of persons with serious mental illness, includ-
18 ing children and adolescents with serious emotional disturbances, in the
19 geographical area in which the community mental health support and work-
20 force reinvestment program operates;
21 (2) the capacity of the program to meet identified service needs and
22 specified performance standards related to access, admission, referral,
23 and service coordination and delivery;
24 (3) the extent to which community mental health support and workforce
25 reinvestment services authorized by the contract are consistent and
26 integrated with the plan prepared and approved pursuant to section 41.16
27 of this article and other applicable provisions of this article; and
28 (4) the reliability and capability of the provider, including its
29 expertise, prior experience, financial responsibility, record of adher-
30 ence to law, record of providing quality care and services, and ability
31 to deliver appropriate services in a cost-effective and efficient manner
32 to persons with serious mental illness. The commissioner is authorized
33 to promulgate regulations to establish minimum contractual obligations
34 in accordance with the provisions of this subdivision.
35 (d) The commissioner is authorized and empowered to make inspections
36 and examine records of a local governmental unit receiving state aid
37 under this section or a provider of services funded pursuant to subdivi-
38 sion (b) of this section. Such examination shall include all medical,
39 service and financial records, receipts, disbursements, contracts, loans
40 and other moneys relating to the financial operation of the provider.
41 (e) The amount of community mental health support and workforce rein-
42 vestment funds for the office of mental health shall be determined in
43 the annual budget and shall include the amount of actual state oper-
44 ations general fund appropriation reductions, including personal service
45 savings and other than personal service savings directly attributed to
46 each child and adult non-geriatric inpatient bed closure. For the
47 purposes of this section a bed shall be considered to be closed upon the
48 elimination of funding for such beds in the executive budget. The appro-
49 priation reductions as a result of inpatient bed closures shall be no
50 less than seventy thousand dollars on a full annual basis, as annually
51 recommended by the commissioner, subject to the approval of the director
52 of the budget, in the executive budget request prior to the fiscal year
53 for which the executive budget is being submitted. The commissioner
54 shall report to the governor, the temporary president of the senate and
55 the speaker of the assembly no later than October first, two thousand
56 three, and annually thereafter, with an explanation of the methodologies
S. 1406--B 421 A. 2106--B
1 used to calculate the per bed closure savings. The methodologies shall
2 be developed by the commissioner and the director of the budget. In no
3 event shall the full annual value of community mental health support and
4 workforce reinvestment programs attributable to beds closed as a result
5 of net inpatient census decline exceed the twelve month value of the
6 office of mental health state operations general fund reductions result-
7 ing from such census decline. Such reinvestment amount shall be made
8 available in the same proportion by which the office of mental health's
9 state operations general fund appropriations are reduced each year as a
10 result of child and adult non-geriatric inpatient bed closures due to
11 census decline.
12 (f) Additional reinvestment amounts shall be made available for appro-
13 priation in the executive budget based upon state operation general fund
14 appropriations directly attributed to the co-location or closure of
15 psychiatric centers made pursuant to law. Such amount shall be made
16 available at the same proportion by which the office of mental health
17 state operations general fund appropriations are reduced each year as a
18 result of facility co-locations and closures.
19 (g) The annual community mental health support and workforce reinvest-
20 ment appropriation shall reflect the amount of state operations general
21 fund appropriation reductions resulting from subdivisions (e) and (f) of
22 this section. Within any fiscal year where appropriation increases are
23 recommended for the community mental health support and workforce rein-
24 vestment program, insofar as projected inpatient census decline or
25 facility co-locations or closures do not occur as estimated, and state
26 operations general fund savings do not result, then the reinvestment
27 appropriations shall be made available, as needed, for transfer from the
28 office of mental health general fund-aid to localities account to the
29 office of mental health general fund-state purposes account to pay for
30 any necessary inpatient expenses. The total community mental health
31 support and workforce reinvestment appropriation also may include such
32 additional appropriations, as shall be determined to be needed and
33 approved by the legislature, to fund all the provisions of this section.
34 (h) The commissioner shall report to the governor, the temporary pres-
35 ident of the senate and the speaker of the assembly, no later than Octo-
36 ber first, two thousand four, and annually thereafter, with a long term
37 capital plan for the future uses of all state mental health facilities,
38 and shall include recommendations of the state interagency council on
39 mental hygiene property utilization and local facility task forces on
40 future uses of local state-operated hospital property, as established
41 pursuant to sections twenty-two and twenty-three, respectively, of chap-
42 ter seven hundred twenty-three of the laws of nineteen hundred ninety-
43 three. Such plan shall, consistent with the provisions of section 5.07
44 of this chapter, include any proposed state mental health facility
45 closures or consolidations. Further, such plan shall include the amount
46 of actual state operation general fund appropriation reductions antic-
47 ipated to be directly related to each proposed facility closure or
48 consolidation approved by the legislature.
49 (i) Amounts made available to the community mental health support and
50 workforce reinvestment program of the office of mental health shall be
51 subject to annual appropriations therefor. Up to fifteen percent of the
52 amounts so appropriated shall be made available for staffing at state
53 mental health facilities and at least seven percent of the remaining
54 funds may be allocated for state operated community services pursuant to
55 this section.
S. 1406--B 422 A. 2106--B
1 (j) For purposes of this section, the term "state operations general
2 fund" shall mean the office of mental health state operations general
3 fund appropriations before any offset from the special revenue funds-
4 other miscellaneous special revenue fund or mental hygiene patient
5 income account.
6 (k) No provision in this section shall create or be deemed to create
7 any right, interest or entitlement to services or funds that are the
8 subject of this act, or to any other services or funds, whether to indi-
9 viduals, localities, providers or others, individually or collectively.
10 (l) The commissioner of mental health shall report to the governor,
11 the temporary president of the senate and the speaker of the assembly,
12 no later than October first, two thousand four, and annually thereafter,
13 with a long-term plan for state employee utilization and their role in
14 the provision of an integrated and comprehensive system of treatment and
15 rehabilitation for persons with mental illness.
16 (m) All appropriations for community mental health support and work-
17 force reinvestment services shall be adjusted in the following fiscal
18 year to reflect the variance between the initial and revised estimates
19 of census decline.
20 § 3. Actual state operations general fund appropriation reductions
21 directly attributed to children's inpatient bed closures, pursuant to
22 this act, shall be made available to the office of mental health,
23 subject to annual appropriations therefor, for the development and
24 expansion of community mental health services for children and adoles-
25 cents with serious emotional disturbances, which may include, but are
26 not limited to, crisis intervention beds, home-based crisis intervention
27 teams, and home and community-based waiver slots.
28 § 4. Annual community mental health support and workforce reinvestment
29 funds shall not be used to supplant or replace local contributions for
30 expenditures in any local fiscal year for local or unified services, as
31 applicable, provided to persons with mental illness and made pursuant to
32 article 41 of the mental hygiene law, at a level equal to or greater
33 than the amount expended by such local governmental unit in the last
34 complete fiscal year immediately preceding that fiscal year. Nor shall
35 community mental health support and workforce reinvestment funds be used
36 to supplant or replace community mental health costs of any provider
37 that were previously paid from the prior year's office of mental health
38 general fund appropriations for the identical purpose.
39 § 5. Subdivisions (a) and (b) of section 41.11 of the mental hygiene
40 law, subdivision (a) as amended by chapter 672 of the laws of 1982 and
41 subdivision (b) as amended by chapter 206 of the laws of 1989, are
42 amended to read as follows:
43 (a) In all local governments with a population less than one hundred
44 thousand, community services [board] boards, at the option of the local
45 government, shall have either nine or fifteen members appointed by the
46 local government. In all other local governments, a community services
47 board shall have fifteen members appointed by the local government.
48 Whenever practicable at least one member shall be a licensed physician
49 and one member shall be a certified psychologist and otherwise at least
50 two members shall be licensed physicians, such members to have demon-
51 strated an interest in the field of services for the mentally disabled.
52 The other members shall represent the community interest in all the
53 problems of the mentally disabled and shall include representatives from
54 community agencies for the mentally ill, the mentally retarded and
55 developmentally disabled, and those suffering from alcoholism and
56 substance abuse. The community services board shall have separate
S. 1406--B 423 A. 2106--B
1 subcommittees for mental health, mental retardation and developmental
2 disabilities, and alcoholism or, at the discretion of the local govern-
3 ment, alcoholism and substance abuse. Each separate subcommittee shall
4 have no more than nine members appointed by the local government, except
5 that each subcommittee for mental health shall have no more than eleven
6 members appointed by the local government. Three of each such subcom-
7 mittee shall be members of the board. Each separate subcommittee shall
8 be composed of persons who have demonstrated an interest in the field of
9 services for the particular class of mentally disabled and shall include
10 former patients, parents or relatives of such mentally disabled persons
11 and community agencies serving the particular class of mentally
12 disabled, except that each subcommittee for mental health shall include
13 at least two members who are or were consumers of mental health
14 services, and at least two members who are parents or relatives of
15 persons with mental illness. Each separate subcommittee shall advise
16 the community services board and the director of community services
17 regarding the exercise of all policy-making functions vested in such
18 board or director, as such functions pertain to the field of services
19 for the particular class of mentally disabled individuals represented by
20 such subcommittee. In addition, each subcommittee for mental health
21 shall be authorized to annually evaluate the local services plan or the
22 unified services plan, as appropriate, and shall be authorized to report
23 on the consistency of such plans with the needs of persons with serious
24 mental illness, including children and adolescents with serious
25 emotional disturbances. Any such report shall be forwarded annually to
26 the community services board and the director of community services and
27 a copy shall also be sent to the commissioner prior to the submission of
28 the local services plan or unified services plan. Provided however that
29 the provisions of this paragraph shall not apply to cities of over a
30 million in population.
31 (b) In cities of over a million a community services board shall
32 consist of fifteen members to be appointed by the mayor. There shall be
33 at least two residents of each county within such cities on the board.
34 At least one shall be a licensed physician and at least one shall be a
35 certified psychologist. The other members shall represent the community
36 interest in all of the problems of the mentally disabled and shall
37 include representatives from community agencies for the mentally ill,
38 the mentally retarded and developmentally disabled, and those suffering
39 from alcoholism and substance abuse. The community services board shall
40 have separate subcommittees for mental health, mental retardation and
41 developmental disabilities, and alcoholism or, at the discretion of the
42 local government, alcoholism and substance abuse. Each separate subcom-
43 mittee shall have no more than nine members appointed by the local
44 government, except that each subcommittee for mental health shall have
45 no more than eleven members appointed by the local government. Three
46 members of each such subcommittee shall be members of the board. Each
47 separate subcommittee shall be composed of persons who have demonstrated
48 an interest in the field of services for the particular class of mental-
49 ly disabled and shall include former patients, parents or relatives of
50 such mentally disabled persons and community agencies serving the
51 particular class of mentally disabled, except that each subcommittee for
52 mental health shall include at least two members who are or were consum-
53 ers of mental health services, and two members who are parents or rela-
54 tives of persons with mental illness. Each separate subcommittee shall
55 advise the community services board and the director of community
56 services regarding the exercise of all policy-making functions vested in
S. 1406--B 424 A. 2106--B
1 such board or director, as such functions pertain to the field of
2 services for the particular class of mentally disabled individuals
3 represented by such subcommittee. In addition, each subcommittee for
4 mental health shall be authorized to annually evaluate the local
5 services plan or the unified services plan, as appropriate, and shall be
6 authorized to report on the consistency of such plans with the needs of
7 persons with serious mental illness, including children and adolescents
8 with serious emotional disturbances. Any such report shall be forwarded
9 annually to the community services board and the director of community
10 services, and a copy shall also be sent to the commissioner prior to the
11 submission of the local services plan or unified services plan.
12 § 6. The state finance law is amended by adding a new section 97-dddd
13 to read as follows:
14 § 97-dddd. Community mental health support and workforce reinvestment
15 account. 1. There is hereby created in the custody of the state comp-
16 troller and the commissioner of taxation and finance an account of the
17 special revenue fund to be known as the community mental health support
18 and workforce reinvestment account.
19 2. The commissioner of the office of mental health shall notify the
20 director of the budget when the number of children's psychiatric center
21 beds or adult, non-geriatric psychiatric center beds closed in any one
22 year exceeds the number of beds projected to be closed by the office of
23 mental health in the executive budget request submitted in the year
24 prior to the fiscal year for which the executive budget is being submit-
25 ted. Notwithstanding any other law, rule or regulation to the contrary
26 the director of the budget shall then transfer the amount of actual
27 state operations general fund appropriation reductions, including
28 personal service and nonpersonal service, directly attributed to the
29 closure of such beds, to the state comptroller who shall then credit
30 such appropriation reductions to the community mental health support and
31 workforce reinvestment account. The per bed appropriation reduction
32 shall be no less than seventy thousand dollars on a full annual basis.
33 3. Moneys of this account, following appropriation by the legislature,
34 shall be available to the office of mental health for disbursement to
35 local governments and not-for-profit operated mental health agencies for
36 services and expenses of community support and workforce reinvestment.
37 § 7. This act shall take effect immediately and shall expire March 31,
38 2007 when upon such date the provisions of this act shall be deemed
39 repealed.
40 PART S2
41 Section 1. Sections 1 and 3 of chapter 119 of the laws of 1997 relat-
42 ing to authorizing the department of health to establish certain
43 payments to general hospitals, section 1 as amended by section 1 of part
44 M of chapter 57 of the laws of 2000 and section 3 as separately amended
45 by chapter 13 and section 1 of part M of chapter 57 of the laws of 2000,
46 are amended to read as follows:
47 Section 1. 1. Notwithstanding any inconsistent provision of law or
48 regulation, effective for the period April 1, 1997 through March 31,
49 1998 and for annual periods beginning April 1 thereafter, the department
50 of health is authorized to pay voluntary non-profit general hospitals as
51 defined in subdivision 10 of section 2801 of the public health law addi-
52 tional payments for inpatient hospital services as medical assistance
53 payments pursuant to title 11 of article 5 of the social services law
54 and federal law and regulations governing disproportionate share
S. 1406--B 425 A. 2106--B
1 payments, based on the amount of state aid for which such general hospi-
2 tals are eligible pursuant to articles 25, 26 and 41 of the mental
3 hygiene law and as identified in subdivision 2 of this section. Payment
4 made pursuant to this section shall not exceed each such general hospi-
5 tal's cost of providing services to uninsured patients and patients
6 eligible for medical assistance pursuant to title 11 of article 5 of the
7 social services law after taking into consideration all other medical
8 assistance received, including disproportionate share payments made to
9 such general hospital, and payments from or on behalf of such uninsured
10 patients, and shall also not exceed the total amount of state aid, iden-
11 tified by subdivision 2 of this section, available to such general
12 hospital by law. Payments made to such general hospitals pursuant to
13 this section shall be made in lieu of any state aid payments available
14 to such general hospital by law.
15 2. The commissioners of mental health and alcoholism and substance
16 abuse services, after consultation with county directors of community
17 services, shall identify to the commissioner of health for the office of
18 mental health and office of alcoholism and substance abuse services
19 respectively, each such general hospital and the amounts to be distrib-
20 uted to each such general hospital pursuant to this section. For annual
21 periods beginning April 1, 1998 and thereafter, in determining the
22 disproportionate share amounts to be distributed to each such general
23 hospital pursuant to this section, such commissioners shall consider
24 whether such general hospital has served populations and/or provided
25 services in the prior year similar to the populations served and
26 services provided with the state aid payments and/or the additional
27 disproportionate share payments approved by such commissioner in the
28 prior state fiscal year [1996-97 utilized to determine the dispropor-
29 tionate share payments made pursuant to this section]. All amounts to be
30 distributed pursuant to this section shall be approved by the director
31 of the budget.
32 3. Notwithstanding any other provision of law regarding a local social
33 services district's share of payments pursuant to title 11 of article 5
34 of the social services law, the local social services district share of
35 the non-federal share of the amount approved in subdivision 2 of this
36 section associated with mental health, chemical dependence, and alcohol-
37 ism and substance abuse state aid payments shall be the same proportion
38 of the total non-federal share as the amount expended for services
39 provided pursuant to an approved local plan required by section 41.16 of
40 the mental hygiene law [for the local district fiscal year commencing on
41 or prior to January 1, 1997].
42 4. Revenues from payments pursuant to this section shall not be
43 included in gross revenue for purposes of the assessments pursuant to
44 section 2807-d of the public health law, subject to the provisions of
45 subdivision 12 of section 2807-d of the public health law and shall not
46 be included in gross revenue received for purposes of the assessments
47 pursuant to subdivision 18 of section 2807-c of the public health law
48 subject to the provisions of paragraph (e) of subdivision 18 of section
49 2807-c of the public health law.
50 5. The commissioners of mental health and alcoholism and substance
51 abuse services may adopt or amend or promulgate any regulation he or she
52 determines necessary to implement any provision of this section.
53 6. [Payments made pursuant to this section shall be based initially on
54 reported 1995 reconciled data as further reconciled to actual reported
55 2000 reconciled data. The payments may be made as quarterly aggregate
56 payments to an eligible general hospital] Payment limitations set forth
S. 1406--B 426 A. 2106--B
1 in paragraph 2 of this section related to costs incurred by general
2 hospitals in providing services to uninsured patients and patients
3 eligible for medical assistance pursuant to title 11 of article 5 of the
4 social services law shall, for state fiscal year periods commencing
5 April 1, 1997 through March 31, 2002, be based initially on reported
6 1995 reconciled data as further reconciled to actual reported 1997,
7 1998, 1999, 2000 and 2001 reconciled data, respectively. Such payment
8 limitations for state fiscal year periods commencing April 1, 2002
9 through March 31, 2006, shall be based initially on reported 2000 recon-
10 ciled data as further reconciled to actual reported 2002, 2003, 2004 and
11 2005 reconciled data, respectively. The payments may be made as quarter-
12 ly aggregate payments to an eligible general hospital.
13 § 3. This act shall take effect immediately and shall be deemed to
14 have been in full force and effect on and after April 1, 1997. This act
15 shall expire [June 30, 2003] March 31, 2006.
16 § 2. This act shall take effect immediately; provided that the amend-
17 ments to section 1 of chapter 119 of the laws of 1997 made by section
18 one of this act shall not affect the expiration of such chapter and
19 shall be deemed expired therewith.
20 PART T2
21 Section 1. Subdivisions 1 and 5 of section 99-d of the state finance
22 law, as added by chapter 474 of the laws of 1996, are amended to read as
23 follows:
24 1. There is hereby established in the joint custody of the comptroller
25 and the commissioner of taxation and finance a special fund to be known
26 as the community projects fund. This fund [shall] may have separate
27 accounts[, to be] designated pursuant to a specific appropriation to
28 such account or pursuant to a written suballocation plan approved in a
29 memorandum of understanding executed by the secretary of the senate
30 finance committee and the secretary of the assembly ways and means
31 committee. Such suballocation shall be submitted to the director of the
32 budget and the comptroller.
33 5. The director of the budget shall issue a certificate of approval
34 for any appropriation in any account of this fund no later than the
35 later of sixty days after the enactment of such appropriation or five
36 days after the execution of a written suballocation plan pursuant to the
37 provisions of subdivision one of this section. Such approval shall
38 satisfy any other requirement for a certificate of approval.
39 § 2. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 2003.
41 PART U2
42 Section 1. In accordance with section 4 of the state finance law, the
43 comptroller is hereby authorized and directed to transfer from the
44 general fund - state purposes account to the community projects fund the
45 following amounts:
46 (a) One hundred million dollars ($100,000,000) for the period April 1,
47 2003 through March 31, 2004. Such transfer shall be made in accordance
48 with section 99-d of the state finance law, as amended by a chapter of
49 the laws of 2003.
50 (b) One hundred million dollars ($100,000,000) for the period April 1,
51 2004 through March 31, 2005. Such transfer shall be made in accordance
S. 1406--B 427 A. 2106--B
1 with section 99-d of the state finance law, as amended by a chapter of
2 the laws of 2003.
3 § 2. Notwithstanding the provisions of subdivisions (a) and (b) of
4 section one of this act, if, during the period April 1, 2003 through
5 March 31, 2004, an account has insufficient funds to make timely
6 payments upon presentment of proper vouchers therefor, the comptroller
7 is authorized and directed to transfer to such account monies that are
8 otherwise authorized for transfer during the period April 1, 2004
9 through March 31, 2005, provided, however that the monies transferred to
10 any account shall not exceed the combined total authorized for such
11 account in subdivisions (a) and (b) of section one of this act. The
12 comptroller shall provide the director of the budget, the chair of the
13 senate finance committee, and the chair of the assembly ways and means
14 committee with an accurate accounting and report of any transfers that
15 occur pursuant to this section on or before the fifteenth day of the
16 following month in which such transfers occur.
17 § 3. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on or after April 1, 2003.
19 PART V2
20 Section 1. Section 4 of chapter 359 of the laws of 2002 relating to
21 the Alzheimer's disease and assistance fund is amended to read as
22 follows:
23 § 4. This act shall take effect [immediately] April 1, 2004.
24 § 2. Section 4 of chapter 438 of the laws of 2002 relating to steri-
25 lizing flexible endoscopies is amended to read as follows:
26 § 4. This act shall take effect [immediately] April 1, 2004.
27 § 3. Section 2 of chapter 429 of the laws of 2002 relating to the
28 reflex sympathetic dystrophy syndrome and prevention and education
29 program (codified as article 27-I of the public health law) is amended
30 to read as follows:
31 § 2. This act shall take effect [immediately] April 1, 2004; provided,
32 however, that the RSDS program provided for by section one of this act
33 shall be published and made available to the public within 270 days of
34 the date on which this act shall have become a law.
35 § 4. Section 2 of chapter 538 of the laws of 2002 relating to the
36 obesity prevention act (codified as article 2 title V of the public
37 health law) is amended to read as follows:
38 § 2. This act shall take effect [immediately] April 1, 2004.
39 § 5. Section 3 of chapter 562 of the laws of 2001 relating to the
40 regulation of body piercing and tattooing (codified as article 4-A of
41 the public health law) is amended to read as follows:
42 § 3. This act shall take effect [on the first day of November next
43 succeeding the date on which it shall have become a law,] April 1, 2004;
44 provided, however, that any rules and regulations necessary for the
45 timely implementation of this act on its effective date shall be promul-
46 gated on or before such date.
47 § 6. Section 2 of chapter 618 of the laws of 2002 relating to the
48 regulation of medical equipment service agencies (codified as Article
49 36-A of the public health law) is amended to read as follows:
50 § 2. This act shall take effect [on the first day of the calendar
51 month next succeeding the one hundred twentieth day after it shall have
52 become a law] April 1, 2004; provided, however, that the commissioner of
53 health is authorized, prior to such effective date, to promulgate such
54 rules and regulations and appoint such members of the medical equipment
S. 1406--B 428 A. 2106--B
1 service agency advisory board as may be necessary for the timely imple-
2 mentation of this act on its effective date.
3 § 7. This act shall take effect immediately.
4 PART W2
5 Section 1. Subdivisions 6 and 7 of section 4139 of the public health
6 law, subdivision 6 as amended by chapter 61 of the laws of 1989 and
7 subdivision 7 as amended by chapter 103 of the laws of 1981, are amended
8 to read as follows:
9 6. The commissioner shall be entitled to a fee of [fifteen] thirty
10 dollars for each certification, certified copy or certified transcript
11 of certificate of dissolution of marriage furnished [by him].
12 7. For a search of the files where no such certification, certified
13 copy, or certified transcript is furnished, or for a certification that
14 a search discloses no record of a dissolution of marriage, the commis-
15 sioner shall be entitled to a fee of [five] thirty dollars.
16 § 2. Subdivisions 2 and 3 of section 4174 of the public health law,
17 subdivision 2 as amended by chapter 61 of the laws of 1989 and subdivi-
18 sion 3 as amended by chapter 413 of the laws of 1991, are amended to
19 read as follows:
20 2. Each applicant for a certification of birth or death, certificate
21 of birth data or for a certified copy or certified transcript of a birth
22 or death certificate or certificate of birth data shall remit to the
23 commissioner with such application a fee of [fifteen] thirty dollars in
24 payment for the search of the files and records and the furnishing of a
25 certification, certified copy or certified transcript if such record is
26 found or for a certification that a search discloses no record of a
27 birth or of a death.
28 3. For any search of the files and records conducted for authorized
29 genealogical or research purposes, the commissioner or any person
30 authorized by him shall be entitled to, and the applicant shall pay, a
31 fee of [ten] twenty dollars for each hour or fractional part of an hour
32 of time of search, together with a fee of [one dollar] two dollars for
33 each uncertified copy or abstract of such record requested by the appli-
34 cant or for a certification that a search discloses no record.
35 § 3. Section 4174 of the public health law is amended by adding a new
36 subdivision 9 to read as follows:
37 9. The commissioner may institute an additional fee of fifteen dollars
38 for priority handling for each certification, certified copy or certi-
39 fied transcript of certificates of birth, death, or dissolution of
40 marriage; or fifteen dollars for priority handling for each certif-
41 ication, certified copy or certified transcript of certificate of
42 marriage.
43 § 4. Section 4178 of the public health law is REPEALED.
44 § 5. Subdivision 3 of section 15 of the domestic relations law, as
45 amended by chapter 61 of the laws of 1989, is amended to read as
46 follows:
47 3. If it shall appear upon an application for a marriage license that
48 either party is under the age of sixteen years, the town or city clerk
49 shall require, in addition to any consents provided for in this section,
50 the written approval and consent of a justice of the supreme court or of
51 a judge of the family court, having jurisdiction over the town or city
52 in which the application is made, to be attached to or endorsed upon the
53 application, before the license is issued. The application for such
54 approval and consent shall be heard by the judge at chambers. All papers
S. 1406--B 429 A. 2106--B
1 and records pertaining to any such application shall be sealed by him
2 and withheld from inspection, except by order of a court of competent
3 jurisdiction. Before issuing any licenses herein provided for, the town
4 or city clerk shall be entitled to a fee of [fifteen] thirty dollars,
5 which sum shall be paid by the applicants before or at the time the
6 license is issued. Any town or city clerk who shall issue a license to
7 marry any persons one or both of whom shall not be at the time of the
8 marriage under such license legally competent to marry without first
9 requiring the parties to such marriage to make such affidavits and
10 statements or who shall not require the production of documentary proof
11 of age or the procuring of the approval and consents provided for by
12 this article, which shall show that the parties authorized by said
13 license to be married are legally competent to marry, shall be guilty of
14 a misdemeanor and on conviction thereof shall be fined in the sum of one
15 hundred dollars for each and every offense. On or before the fifteenth
16 day of each month, each town and city clerk, except in the city of New
17 York, shall transmit to the state commissioner of health [eleven] twen-
18 ty-two dollars and [twenty-five] fifty cents of the amount received for
19 each fee collected, which shall be paid into the [state treasury] vital
20 records management account as provided by section [one hundred twenty-
21 one] ninety-seven-cccc of the state finance law. In any city the balance
22 of all fees collected for the issuing of a marriage license, or for
23 solemnizing a marriage, so far as collected for services rendered by any
24 officer or employee of such city, shall be paid monthly into the city
25 treasury and may by ordinance be credited to any fund therein desig-
26 nated, and said ordinance, when duly enacted, shall have the force of
27 law in such city. Notwithstanding any other provisions of this article,
28 the clerk of any city with the approval of the governing body of such
29 city is hereby authorized to designate, in writing filed in the city
30 clerk's office, a deputy clerk, if any, and/or other city employees in
31 such office to receive applications for, examine applications, investi-
32 gate and issue marriage licenses in the absence or inability of the
33 clerk of said city to act, and said deputy and/or employees so desig-
34 nated are hereby vested with all the powers and duties of said city
35 clerk relative thereto. Such deputy and/or employees shall perform said
36 duties without additional compensation.
37 § 6. Section 20-a of the domestic relations law, as amended by chapter
38 103 of the laws of 1981, is amended to read as follows:
39 § 20-a. Certified transcripts of records; state commissioner of health
40 may furnish. The state commissioner of health or person authorized by
41 him shall, upon request, supply to any applicant a certified transcript
42 of any marriage registered under the provisions of this article, unless
43 he is satisfied that the same does not appear to be necessary or
44 required for judicial or other proper purposes. Any transcript of the
45 record of a marriage, when properly certified by the state commissioner
46 of health or person authorized to act for him, shall be prima facie
47 evidence in all courts and places of the facts therein stated. For any
48 search of the files and records conducted for authorized research
49 purposes, the state commissioner of health shall be entitled to a fee of
50 [five] twenty dollars for each hour or fractional part of an hour of
51 time of search, together with a fee of [one dollar] two dollars for each
52 uncertified copy or abstract of such marriage record requested by the
53 applicant, said fees to be paid by the applicant. Each applicant for a
54 certified transcript of a marriage record shall remit to the state
55 commissioner of health a fee of [five] thirty dollars in payment for the
56 search of the files and records and the furnishing of a certified copy
S. 1406--B 430 A. 2106--B
1 if such record is found or for a certification that a search discloses
2 no record of a marriage.
3 § 7. Subdivision 3 of section 20-b of the domestic relations law, as
4 amended by chapter 103 of the laws of 1981, is amended to read as
5 follows:
6 3. Each applicant for a certification of marriage shall remit to the
7 commissioner with such application a fee of [five] thirty dollars in
8 payment for the search of the files and records and the furnishing of
9 such certification if a record thereof is found or for a certification
10 that a search discloses no record of a marriage.
11 § 8. The state finance law is amended by adding a new section 97-cccc
12 to read as follows:
13 § 97-cccc. Vital records management account. 1. There is hereby estab-
14 lished in the joint custody of the state comptroller and the commission-
15 er of taxation and finance an account of the miscellaneous special
16 revenue fund to be known as the vital records management account.
17 2. Notwithstanding any other law, rule or regulation to the contrary,
18 the state comptroller is hereby authorized and directed to receive for
19 deposit to the credit of the health department payments relating to the
20 responsibilities of the vital records management program, including fees
21 for certification, certified copy or certified transcripts of certif-
22 icates of birth, death, or dissolution of marriage; or for certif-
23 ication, certified copy or certified transcript of certificate of
24 marriage.
25 3. Moneys of this account, following appropriation by the legislature,
26 shall be available to the health department for services and expenses of
27 the vital records management program.
28 § 9. This act shall take effect immediately.
29 PART X2
30 Section 1. Paragraph (a) of subdivision 1 of section 2995 of the
31 public health law, as added by chapter 542 of the laws of 2000, is
32 amended to read as follows:
33 (a) The department shall undertake an initiative for the purposes of
34 increasing the information available to patients about health care
35 providers and health care plans, and improving the quality of health
36 care in this state, by creating a statewide health information system,
37 collecting health information for dissemination by means of such system,
38 and studying additional uses of such information. Such moneys as may be
39 necessary to effect the purpose of this section may be appropriated to
40 the department for its expenses[, but in no event shall funds be
41 diverted from existing uses of the office of professional medical
42 conduct in order to fulfill the purposes of this section].
43 § 2. The state university of New York at Buffalo, school of public
44 health and health professions, is hereby authorized and directed to
45 research, examine and evaluate the workplace wellness programs or pilot
46 projects (New York state wellness works) which have been funded through
47 the department of health appropriations for state operations and aid to
48 localities in budget documents for fiscal years 2000-2001 and 2002-2003.
49 § 3. The results of such research examination and evaluation shall be
50 reported to the commissioner of health, who shall provide copies of such
51 report, as soon as practicable, to the temporary president of the senate
52 and the speaker of the assembly.
53 § 4. This act shall take effect immediately; provided that the
54 provisions of seection one of this act shall be deemed to have been in
S. 1406--B 431 A. 2106--B
1 full force and effect on and after April 1, 2003, and shall expire March
2 31, 2004 when upon such date the provisions of such section shall be
3 deemed repealed.
4 PART Y2
5 Section 1. Subparagraph (i) of paragraph (b) of subdivision 1 of
6 section 547-j of the executive law, as amended by section 12 of part J
7 of chapter 82 of the laws of 2002, is amended to read as follows:
8 (i) Average wholesale price discounted by [ten] twelve percent, plus a
9 dispensing fee as defined in paragraph (c) of this subdivision, or
10 § 2. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
11 547-j of the executive law, as amended by section 7 of part C of chapter
12 1 of the laws of 2002, is amended to read as follows:
13 (ii) the program may reimburse for any covered drugs pursuant to
14 subdivisions one and two of this section, [which are rated 1-A by the
15 federal food and drug administration and] for which a rebate agreement
16 does not exist and which are determined by the elderly pharmaceutical
17 insurance coverage panel to be essential to the health of persons
18 participating in the program; and likely to provide effective therapy or
19 diagnosis for a disease not adequately treated or diagnosed by any other
20 covered drug; and which are recommended for reimbursement by the panel
21 and approved by the commissioner of health.
22 § 3. Section 537-j of the executive law is amended by adding a new
23 subdivision 5 to read as follows:
24 5. Notwithstanding any other provision of law, the commissioner shall
25 maximize the coordination of benefits for persons dually eligible under
26 Title XVIII of the federal social security act (medicare) and under
27 Title XIX of the federal social security act (medical assistance) in
28 order to facilitate medicare payment of claims for qualified benefici-
29 aries. The commissioner may select an independent contractor, through a
30 request-for-proposal process, to implement a centralized coordination of
31 benefits system under this subdivision for individuals qualified in both
32 the medical assistance and medicare programs who receive, including but
33 not limited to, medications, sickroom supplies or other products from a
34 pharmacy provider currently enrolled in the medical assistance program.
35 § 4. This act shall take effect immediately.
36 PART Z2
37 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 9 of
38 section 367-a of the social services law, as amended by chapter 19 of
39 the laws of 1998, is amended to read as follows:
40 (ii) if the drug dispensed is a multiple source prescription drug or a
41 brand-name prescription drug for which no specific upper limit has been
42 set by such federal agency, the lower of the estimated acquisition cost
43 of such drug to pharmacies, or the dispensing pharmacy's usual and
44 customary price charged to the general public. Estimated acquisition
45 cost means the average wholesale price of a prescription drug based upon
46 the package size dispensed from, as reported by the prescription drug
47 pricing service used by the department, less [ten] twelve percent there-
48 of, and updated monthly by the department.
49 § 2. The commissioner of health shall maximize the coordination of
50 benefits for persons dully eligible under Title XVIII of the federal
51 social security act (medicare) and under Title XIX of the federal social
52 security act (medical assistance) in order to facilitate medicare
S. 1406--B 432 A. 2106--B
1 payment of claims for qualified beneficiaries. The commissioner of
2 health may select an independent contractor, through a request-for-pro-
3 posal process, to implement a centralized coordination of benefits
4 system under this section for individuals qualified in both the medical
5 assistance and medicare programs who receive, including but not limited
6 to, medications, sickroom supplies or other products from a pharmacy
7 provider currently enrolled in the medical assistance program.
8 § 3. Notwithstanding any law to the contrary, all funds forthcoming to
9 the state as a result of a settlement with Bayer AG and GlaxoSmithKline,
10 and all funds forthcoming to the state from additional rebates secured
11 as a result of the state department of health's administration of a
12 preferred drug list for Medical Assistance recipients, are hereby
13 directed to be deposited to the credit of the general fund for the
14 purposes of supporting the state share of expenditures for the Medical
15 Assistance program.
16 § 3-a. A prior authorization program, whether or not in operation at
17 the time this section becomes law, for the medical assistance program
18 established by title 11 of article 5 of the social services law (but not
19 the generic drug law established under section 365-a of the social
20 services law) shall not be expanded or applied to cover any prescription
21 drug that is not already subject to such prior authorization at the time
22 this act becomes law except pursuant to legislation enacted after this
23 section becomes law.
24 § 4. Paragraph (d) of subdivision 1 of section 367-a of the social
25 services law, as amended by section 22 of part E of chapter 58 of the
26 laws of 1998, is amended to read as follows:
27 (d) (i) Amounts payable under this title for medical assistance for
28 items and services provided to eligible persons who are also benefici-
29 aries under part A [and/or part B] of title XVIII of the federal social
30 security act and items and services provided to qualified medicare bene-
31 ficiaries under part A of title XVIII of the federal social security act
32 shall not be less than the amount of any deductible and co-insurance
33 liability of such eligible persons or for which such eligible persons or
34 such qualified medicare beneficiaries would be liable under federal law
35 were they not eligible for medical assistance or were they not qualified
36 medicare beneficiaries with respect to such benefits under such part A
37 [and such part B].
38 (ii) Amounts payable under this title for medical assistance for items
39 and services provided to eligible persons who are also beneficiaries
40 under part B of title XVIII of the federal social security act and items
41 and services provided to qualified medicare beneficiaries under part B
42 of title XVIII of the federal social security act shall be twenty
43 percent of the amount of any deductible and co-insurance liability of
44 such eligible persons or for which such eligible persons or such quali-
45 fied medicare beneficiaries would be liable under federal law were they
46 not eligible for medical assistance or were they not qualified medicare
47 beneficiaries with respect to such benefits under such part B; provided,
48 however, amounts payable under this title for items and services
49 provided to eligible persons who are also beneficiaries under part B or
50 to qualified medicare beneficiaries by an ambulance service under the
51 authority of an operating certificate issued pursuant to article thirty
52 of the public health law, a psychologist licensed under article one
53 hundred fifty-three of the education law, or a facility under the
54 authority of an operating certificate issued pursuant to article
55 sixteen, thirty-one or thirty-two of the mental hygiene law and with
56 respect to outpatient hospital and clinic items and services provided by
S. 1406--B 433 A. 2106--B
1 a facility under the authority of an operating certificate issued pursu-
2 ant to article twenty-eight of the public health law, shall not be less
3 than the amount of any deductible and co-insurance liability of such
4 eligible persons or such qualified medicare beneficiaries, or for which
5 such eligible persons or such qualified medicare beneficiaries would be
6 liable under federal law were they not eligible for medical assistance
7 or were they not qualified medicare beneficiaries with respect to such
8 benefits under part B.
9 § 5. Notwithstanding the provisions of paragraph (h) of subdivision 1
10 of section 368-a of the social services law, payments made to a district
11 pursuant to such paragraph (h) during the period April 1, 2003 through
12 March 31, 2004, shall be within the amounts available for medical
13 assistance for payment for individuals with mental disabilities who are
14 eligible under section 366 of the social services law. Such payments
15 shall be distributed to districts proportional to each district's share
16 of aid pursuant to paragraph (h) of subdivision 1 of section 368-a of
17 the social services law provided in the 2002 calendar year.
18 § 6. Section 20 of part A of chapter 1 of the laws of 2002, amending
19 the public health law, the social services law and the tax law relating
20 to the health care reform act of 2000, as amended by section 19 of part
21 J of chapter 82 of the laws of 2002, is amended to read as follows:
22 § 20. Notwithstanding any law, rule or regulation to the contrary, the
23 commissioner of health shall credit, from the funds collected pursuant
24 to the provisions of sections nineteen and twenty-one of this act, up to
25 five hundred thirty-four million dollars for the state fiscal year
26 beginning April 1, 2002 and ending March 31, 2003 [and up to three
27 hundred fifty-six million dollars for the state fiscal year beginning
28 April 1, 2003 and each state fiscal year thereafter,] to the tobacco
29 control and insurance initiatives pool as established pursuant to
30 section 2807-v of the public health law[. For], and up to three hundred
31 fifty-six million dollars annually for state fiscal years on and after
32 April 1, 2003, to the medical assistance program, general fund/aid to
33 localities, local assistance account-001, provided, however, that for
34 the state fiscal year beginning April 1, 2002 [and each state fiscal
35 year thereafter] and ending March 31, 2003, all funds collected pursuant
36 to sections nineteen and twenty-one of this act which are not credited
37 to the tobacco control and insurance initiatives pool shall be credited
38 to the medical assistance program, general fund/aid to localities, local
39 assistance account - 001.
40 § 7. Paragraph (e) of subdivision 12 of section 2808 of the public
41 health law, as amended by chapter 1 of the laws of 1999, is amended to
42 read as follows:
43 (e) Notwithstanding any inconsistent provision of law or regulation,
44 the commissioner shall provide, in addition to payments established
45 pursuant to this article prior to application of this section, addi-
46 tional payments under the medical assistance program pursuant to title
47 eleven of article five of the social services law for non-state operated
48 public residential health care facilities, including public residential
49 health care facilities located in the county of Nassau and the county of
50 Westchester, but excluding public residential health care facilities
51 operated by a town or city within a county, in an aggregate amount of up
52 to $991.5 million in additional payments each state fiscal year for the
53 period beginning April first, two thousand through March thirty-first,
54 two thousand [three] four.
S. 1406--B 434 A. 2106--B
1 § 8. Paragraph (f) of subdivision 12 of section 2808 of the public
2 health law, as amended by chapter 1 of the laws of 1999, is amended to
3 read as follows:
4 (f) The amount allocated to each eligible public residential health
5 care facility for each period shall be calculated as the result of (A)
6 the total payment for each period multiplied by (B) the ratio of patient
7 days for patients eligible for medical assistance pursuant to title
8 eleven of article five of the social services law provided by the public
9 residential health care facility, divided by the total of such patient
10 days summed for all eligible public residential health care facilities.
11 For the period August first, nineteen hundred ninety-six through March
12 thirty-first, nineteen hundred ninety-seven, nineteen hundred ninety-
13 four patient days shall be utilized; for the period April first, nine-
14 teen hundred ninety-seven through March thirty-first, nineteen hundred
15 ninety-eight, nineteen hundred ninety-five patient days shall be
16 utilized; for the period April first, nineteen hundred ninety-eight
17 through March thirty-first, nineteen hundred ninety-nine, nineteen
18 hundred ninety-six patient days shall be utilized; for the period April
19 first, nineteen hundred ninety-nine through March thirty-first, two
20 thousand, nineteen hundred ninety-seven patient days shall be utilized;
21 for the period April first, two thousand through March thirty-first, two
22 thousand one, nineteen hundred ninety-eight patient days shall be
23 utilized; for the period April first, two thousand one through March
24 thirty-first, two thousand two, nineteen hundred ninety-nine patient
25 days shall be utilized; for the period April first, two thousand two
26 through March thirty-first, two thousand three, two thousand patient
27 days shall be utilized; for the period April first, two thousand three
28 through March thirty-first, two thousand four, two thousand one patient
29 days shall be utilized.
30 § 9. Subdivision 1 of section 212 of chapter 474 of the laws of 1996,
31 amending the education law and other laws relating to rates for residen-
32 tial health care facilities, as amended by section 8 of part B of chap-
33 ter 1 of the laws of 2002, is amended to read as follows:
34 1. (a) Notwithstanding any inconsistent provision of law or regulation
35 to the contrary, effective beginning August 1, 1996, for the period
36 April 1, 1997 through March 31, 1998, April 1, 1998 for the period April
37 1, 1998 through March 31, 1999, August 1, 1999, for the period April 1,
38 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
39 through March 31, 2001, April 1, 2001, for the period April 1, 2001
40 through March 31, 2002, April 1, 2002, for the period April 1, 2002
41 through March 31, 2003, the department of health is authorized to pay
42 public general hospitals, as defined in subdivision 10 of section 2801
43 of the public health law, operated by the state of New York or by the
44 state university of New York or by a county, which shall not include a
45 city with a population of over one million, of the state of New York,
46 and those public general hospitals located in the county of Westchester
47 or the county of Nassau, additional payments for inpatient hospital
48 services as medical assistance payments pursuant to title 11 of article
49 5 of the social services law for patients eligible for federal financial
50 participation under title XIX of the federal social security act in
51 medical assistance pursuant to the federal laws and regulations govern-
52 ing disproportionate share payments to hospitals based on each such
53 public general hospital's medical assistance and uninsured patient loss-
54 es after all other medical assistance, including disproportionate share
55 payments to such public general hospital for 1996, 1997, 1998, and 1999,
56 based initially for 1996 on reported 1994 reconciled data as further
S. 1406--B 435 A. 2106--B
1 reconciled to actual reported 1996 reconciled data, and for 1997 based
2 initially on reported 1995 reconciled data as further reconciled to
3 actual reported 1997 reconciled data, for 1998 based initially on
4 reported 1995 reconciled data as further reconciled to actual reported
5 1998 reconciled data, for 1999 based initially on reported 1995 recon-
6 ciled data as further reconciled to actual reported 1999 reconciled
7 data, for 2000 based initially on reported 1995 reconciled data as
8 further reconciled to actual reported 2000 data, for 2001 based initial-
9 ly on reported 1995 reconciled data as further reconciled to actual
10 reported 2001 data, for 2002 based initially on reported 2000 reconciled
11 data as further reconciled to actual reported 2002 data. The payments
12 may be added to rates of payment or made as aggregate payments to an
13 eligible public general hospital.
14 (b) Notwithstanding any inconsistent provision of law or regulation to
15 the contrary, for state fiscal year periods beginning April 1, 2003 and
16 ending March 31, 2005, the department of health is authorized to pay
17 public general hospitals, as defined in subdivision 10 of section 2801
18 of the public health law, operated by the state of New York or by the
19 state university of New York or by a county, or by a city with a popu-
20 lation of over one million persons, of the state of New York, and those
21 public general hospitals located in the county of Westchester or the
22 county of Nassau, additional payments for inpatient hospital services as
23 medical assistance payments pursuant to title 11 of article 5 of the
24 social services law for patients eligible for federal financial partic-
25 ipation under title XIX of the federal social security act in medical
26 assistance pursuant to the federal laws and regulations governing
27 disproportionate share payments to hospitals up to 175 percent of each
28 such public general hospital's medical assistance and uninsured patient
29 losses after all other medical assistance, including disproportionate
30 share payments to such public general hospital, based initially on
31 reported 2000 reconciled data. Such payments for the period ending March
32 31, 2004 and March 31, 2005 shall be further reconciled to actual
33 reported 2003 and 2004 data respectively, provided, however, that for
34 public general hospitals located in a city with a population of over one
35 million persons, other than hospitals operated by the state of New York
36 or the state university of New York, such payments for the period ending
37 March 31, 2004, shall be further reconciled to actual reported 2003 or
38 2004 data and such payments for the period ending March 31, 2005 shall
39 be further reconciled to actual reported 2004 or 2005 data and further
40 provided that such payments for all eligible hospitals shall be reduced
41 to the extent such payments would result in the exceeding of the
42 disproportionate share allotment limit as set forth in subdivision (f)
43 of section 1923 of the federal social security act, provided, however,
44 that such reduction shall be based on each such hospital's proportionate
45 share of the sum of all such payments that would be made without regard
46 to such allotment limit. Such payments may be added to rates of payment
47 or made as aggregate payments to an eligible public general hospital.
48 § 10. Subdivisions 2 and 4 of section 246 of chapter 81 of the laws
49 of 1995, amending the public health law and other laws relating to
50 medical reimbursement and welfare reform, as amended by chapter 1 of the
51 laws of 1999, are amended to read as follows:
52 2. Sections five, seven through nine, twelve through fourteen, and
53 eighteen of this act shall be deemed to have been in full force and
54 effect on and after April 1, 1995 through March 31, 1999 and on and
55 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
S. 1406--B 436 A. 2106--B
1 through March 31, 2003 and on and after April 1, 2003 through March 31,
2 2005;
3 4. Section one of this act shall be deemed to have been in full force
4 and effect on and after April 1, 1995 through March 31, 1999 and on and
5 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
6 through March 31, 2003 and on and after April 1, 2003 through March 31,
7 2005.
8 § 11. Section 194 of chapter 474 of the laws of 1996, amending the
9 education law and other laws relating to rates for residential health
10 care facilities, as amended by section 7 of part A of chapter 57 of the
11 laws of 2000, is amended to read as follows:
12 § 194. 1. Notwithstanding any inconsistent provision of law or regu-
13 lation, the trend factors used to project reimbursable operating costs
14 to the rate period for purposes of determining rates of payment pursuant
15 to article 28 of the public health law for residential health care
16 facilities for reimbursement of inpatient services provided to patients
17 eligible for payments made by state governmental agencies on and after
18 April 1, 1996 through March 31, 1999 and for payments made on and after
19 July 1, 1999 through March 31, 2000 and on and after April 1, 2000
20 through March 31, 2003 and on and after April 1, 2003 through March 31,
21 2005 shall reflect no trend factor projections or adjustments for the
22 period April 1, 1996, through March 31, 1997.
23 2. The commissioner of health shall adjust such rates of payment to
24 reflect the exclusion pursuant to this section of such specified trend
25 factor projections or adjustments.
26 § 12. Notwithstanding any inconsistent provision of law, rule or regu-
27 lation to the contrary, the provisions of section 1 of chapter 41 of the
28 laws of 1992, as amended, shall remain and be in full force and effect
29 on and after April 1, 2000 through March 31, 2003 and on and after April
30 1, 2003 through March 31, 2005.
31 § 13. Subdivision 5-a of section 246 of chapter 81 of the laws of
32 1995, amending the public health law and other laws relating to medical
33 reimbursement and welfare reform, as amended by chapter 1 of the laws of
34 1999, is amended to read as follows:
35 5-a. Section sixty-four-a of this act shall be deemed to have been in
36 full force and effect on and after April 1, 1995 through March 31, 1999
37 and on and after July 1, 1999 through March 31, 2000 and on and after
38 April 1, 2000 through March 31, 2003 and on and after April 1, 2003
39 through March 31, 2005;
40 § 14. Section 64-b of chapter 81 of the laws of 1995, amending the
41 public health law and other laws relating to medical reimbursement and
42 welfare reform, as amended by chapter 1 of the laws of 1999, is amended
43 to read as follows:
44 § 64-b. Notwithstanding any inconsistent provision of law, the
45 provisions of subdivision 7 of section 3614 of the public health law, as
46 amended, shall remain and be in full force and effect on April 1, 1995
47 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
48 and after April 1, 2000 through March 31, 2003 and on and after April 1,
49 2003 through March 31, 2005.
50 § 15. Section 4 of chapter 81 of the laws of 1995, amending the public
51 health law and other laws relating to medical reimbursement and welfare
52 reform, as amended by chapter 1 of the laws of 1999, is amended to read
53 as follows:
54 § 4. Notwithstanding any inconsistent provision of law, except subdi-
55 vision 15 of section 2807 of the public health law and section 364-j-2
56 of the social services law and section 32-g of part F of chapter 412 of
S. 1406--B 437 A. 2106--B
1 the laws of 1999, rates of payment for diagnostic and treatment centers
2 established in accordance with paragraphs (b) and (h) of subdivision 2
3 of section 2807 of the public health law for the period ending September
4 30, 1995 shall continue in effect through September 30, 2000 and for the
5 periods October 1, 2000 through September 30, 2003 and October 1, 2003
6 through September 30, 2005 and further provided that rates in effect on
7 March 31, 2003 as established in accordance with paragraph (e) of subdi-
8 vision 2 of section 2807 of the public health law shall continue in
9 effect for the period April 1, 2003 through September 30, 2005.
10 § 16. Subdivision 5 of section 246 of chapter 81 of the laws of 1995,
11 amending the public health law and other laws relating to medical
12 reimbursement and welfare reform, as amended by chapter 1 of the laws of
13 1999, is amended to read as follows:
14 5. Section three of this act shall be deemed to have been in full
15 force and effect on and after April 1, 1995 through March 31, 1999 and
16 on and after July 1, 1999 through March 31, 2000 and on and after April
17 1, 2000 through March 31, 2003 and on and after April 1, 2003 through
18 March 31, 2005;
19 § 17. The opening paragraph and paragraph (a) of subdivision 16 of
20 section 2808 of the public health law, as amended by chapter 1 of the
21 laws of 1999, are amended to read as follows:
22 Notwithstanding any inconsistent provision of law or regulation to the
23 contrary, residential health care facility rates of payment determined
24 pursuant to this article for governmental agencies for services provided
25 on or after April first, nineteen hundred ninety-six through March thir-
26 ty-first, nineteen hundred ninety-nine and on or after July first, nine-
27 teen hundred ninety-nine through March thirty-first, two thousand and on
28 and after April first, two thousand through March thirty-first, two
29 thousand three and on and after April first, two thousand three through
30 March thirty-first, two thousand five, shall be further reduced by the
31 commissioner to encourage improved productivity and efficiency by
32 providers by a factor determined as follows:
33 (a) an aggregate reduction shall be calculated for each residential
34 health care facility commencing April first, nineteen hundred ninety-six
35 through March thirty-first, nineteen hundred ninety-nine and on or after
36 July first, nineteen hundred ninety-nine through March thirty-first, two
37 thousand and on and after April first, two thousand through March thir-
38 ty-first, two thousand three and on and after April first, two thousand
39 three through March thirty-first, two thousand five as the result of (i)
40 fifty-six million dollars on an annualized basis multiplied by (ii) the
41 ratio of patient days for patients eligible for payments made by govern-
42 mental agencies provided in a base year two years prior to the rate year
43 by a residential health care facility, or for residential health care
44 facility beds not fully in operation in such base year by an estimate of
45 projected utilization for the rate year, divided by the total of such
46 patient days summed for all residential health care facilities; and
47 § 18. Paragraph (a) of subdivision 14 of section 2808 of the public
48 health law, as amended by section 1 of part H of chapter 57 of the laws
49 of 2000, is amended to read as follows:
50 (a) Notwithstanding any inconsistent provision of law or regulation to
51 the contrary, for purposes of establishing rates of payment by govern-
52 mental agencies for residential health care facilities for services
53 provided on or after April first, nineteen hundred ninety-five through
54 March thirty-first, nineteen hundred ninety-nine and for services
55 provided on or after July first, nineteen hundred ninety-nine through
56 March thirty-first, two thousand and on and after April first, two thou-
S. 1406--B 438 A. 2106--B
1 sand through March thirty-first, two thousand three and on and after
2 April first, two thousand three through March thirty-first, two thousand
3 five, the reimbursable base year administrative services and fiscal
4 services costs, as defined in the New York state residential health care
5 facility accounting and reporting manual, of a residential health care
6 facility, excluding a provider of services reimbursed on an initial
7 budget basis, shall, except as otherwise provided in this subdivision,
8 not exceed the statewide average of total reimbursable base year admin-
9 istrative and fiscal services costs of residential health care facili-
10 ties. For the purposes of this subdivision, reimbursable base year
11 administrative and fiscal services costs shall mean those base year
12 administrative and fiscal services costs remaining after application of
13 all other efficiency standards, including but not limited to, peer group
14 cost ceilings or guidelines.
15 § 19. Paragraph (b) of subdivision 14 of section 2808 of the public
16 health law, as added by section 1 of part H of chapter 57 of the laws of
17 2000, is amended to read as follows:
18 (b) A separate statewide average of total reimbursable base year
19 administrative and fiscal services costs shall be determined for each of
20 those facilities wherein eighty percent or more of its patients are
21 classified with a patient acuity equal to or less than .83 which is used
22 as the basis for a facility's case mix adjustment. For the period July
23 first, two thousand through March thirty-first, two thousand one, the
24 total reimbursable base year administrative and fiscal services costs of
25 such facilities shall not exceed such separate statewide average plus
26 one and one-half percentage points. For annual periods thereafter
27 through March thirty-first, two thousand [three] five, the total reim-
28 bursable base year administrative and fiscal services costs of such
29 facilities shall not exceed such separate statewide average. In no event
30 shall the calculation of such separate statewide average result in a
31 change in the statewide average determined under paragraph (a) of this
32 subdivision.
33 § 20. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of
34 the laws of 1995, amending the public health law and other laws relating
35 to medical reimbursement and welfare reform, as added by chapter 1 of
36 the laws of 1999, is amended to read as follows:
37 (f) Prior to February 1, 2001, February 1, 2002, February 1, 2003
38 [and], February 1, 2004, February 1, 2005 and February 1, 2006, the
39 commissioner of health shall calculate the result of the statewide total
40 of residential health care facility days of care provided to benefici-
41 aries of title XVIII of the federal social security act (medicare),
42 divided by the sum of such days of care plus days of care provided to
43 residents eligible for payments pursuant to title 11 of article 5 of the
44 social services law minus the number of days provided to residents
45 receiving hospice care, expressed as a percentage, for the period
46 commencing January 1, through November 30, of the prior year respective-
47 ly, based on such data for such period. This value shall be called the
48 2000, 2001, 2002, [and] 2003, 2004 and 2005 statewide target percentage
49 respectively.
50 § 21. Paragraph (b) of subdivision 3 of section 64 of chapter 81 of
51 the laws of 1995, amending the public health law and other laws relating
52 to medical reimbursement and welfare reform, as amended by chapter 1 of
53 the laws of 1999, is amended to read as follows:
54 (b) (i) If the 1996 statewide target percentage is not at least two
55 percentage points higher than the statewide base percentage, the commis-
56 sioner of health shall determine the percentage by which the 1996 state-
S. 1406--B 439 A. 2106--B
1 wide target percentage is not at least two percentage points higher than
2 the statewide base percentage. The percentage calculated pursuant to
3 this paragraph shall be called the 1996 statewide reduction percentage.
4 If the 1996 statewide target percentage is at least two percentage
5 points higher than the statewide base percentage, the 1996 statewide
6 reduction percentage shall be zero.
7 (ii) If the 1997, 1998, 2000, 2001, 2002 [and], 2003, 2004 and 2005
8 statewide target percentages are not for each year at least three
9 percentage points higher than the statewide base percentage, the commis-
10 sioner of health shall determine the percentage by which the statewide
11 target percentage for each year is not at least three percentage points
12 higher than the statewide base percentage. The percentage calculated
13 pursuant to this paragraph shall be called the 1997, 1998, 2000, 2001,
14 2002 [or], 2003, 2004 or 2005 statewide reduction percentage respective-
15 ly. If the 1997, 1998, 2000, 2001, 2002 [or], 2003, 2004 or 2005 state-
16 wide target percentage for the respective year is at least three
17 percentage points higher than the statewide base percentage, the state-
18 wide reduction percentage for the respective year shall be zero.
19 (iii) If the 1999 statewide target percentage is not at least two and
20 one-quarter percentage points higher than the statewide base percentage,
21 the commissioner of health shall determine the percentage by which the
22 1999 statewide target percentage is not at least two and one-quarter
23 percentage points higher than the statewide base percentage. The
24 percentage calculated pursuant to this paragraph shall be called the
25 1999 statewide reduction percentage. If the 1999 statewide target
26 percentage is at least two and one-quarter percentage points higher than
27 the statewide base percentage, the 1999 statewide reduction percentage
28 shall be zero.
29 § 22. Paragraph (b) of subdivision 4 of section 64 of chapter 81 of
30 the laws of 1995, amending the public health law and other laws relating
31 to medical reimbursement and welfare reform, as amended by chapter 1 of
32 the laws of 1999, is amended to read as follows:
33 (b) (i) The 1996 statewide reduction percentage shall be multiplied by
34 sixty-eight million dollars to determine the 1996 statewide aggregate
35 reduction amount. If the 1996 statewide reduction percentage shall be
36 zero, there shall be no 1996 reduction amount.
37 (ii) The 1997 statewide reduction percentage shall be multiplied by
38 one hundred two million dollars to determine the 1997 statewide aggre-
39 gate reduction amount. If the 1997 statewide reduction percentage shall
40 be zero, there shall be no 1997 reduction amount.
41 (iii) The 1998, 2000, 2001, 2002 [and], 2003, 2004 and 2005 statewide
42 reduction percentage shall be multiplied by one hundred two million
43 dollars respectively to determine the 1998, 2000, 2001, 2002 [or], 2003,
44 2004 or 2005 statewide aggregate reduction amount. If the 1998 and the
45 2000, 2001, 2002 [and], 2003, 2004 and 2005 statewide reduction percent-
46 age shall be zero respectively, there shall be no 1998, 2000, 2001, 2002
47 [or], 2003, 2004 or 2005 reduction amount.
48 (iv) The 1999 statewide reduction percentage shall be multiplied by
49 seventy-six million five hundred thousand dollars to determine the 1999
50 statewide aggregate reduction amount. If the 1999 statewide reduction
51 percentage shall be zero, there shall be no 1999 reduction amount.
52 § 23. Paragraph (b) of subdivision 5 of section 64 of chapter 81 of
53 the laws of 1995, amending the public health law and other laws relating
54 to medical reimbursement and welfare reform, as amended by chapter 1 of
55 the laws of 1999, is amended to read as follows:
S. 1406--B 440 A. 2106--B
1 (b) The 1996, 1997, 1998, 1999, 2000, 2001, 2002 [and], 2003, 2004 and
2 2005 statewide aggregate reduction amounts shall for each year be allo-
3 cated by the commissioner of health among residential health care facil-
4 ities that are eligible to provide services to beneficiaries of title
5 XVIII of the federal social security act (medicare) and residents eligi-
6 ble for payments pursuant to title 11 of article 5 of the social
7 services law on the basis of the extent of each facility's failure to
8 achieve a two percentage points increase in the 1996 target percentage,
9 a three percentage point increase in the 1997, 1998, 2000, 2001, 2002
10 [and], 2003, 2004 and 2005 target percentage and a two and one-quarter
11 percentage point increase in the 1999 target percentage for each year,
12 compared to the base percentage, calculated on a facility specific basis
13 for this purpose, compared to the statewide total of the extent of each
14 facility's failure to achieve a two percentage points increase in the
15 1996 and a three percentage point increase in the 1997 and a three
16 percentage point increase in the 1998 and a two and one-quarter percent-
17 age point increase in the 1999 target percentage and a three percentage
18 point increase in the 2000, 2001, 2002 [and], 2003, 2004 and 2005 target
19 percentage compared to the base percentage. These amounts shall be
20 called the 1996, 1997, 1998, 1999, 2000, 2001, 2002 [and], 2003, 2004
21 and 2005 facility specific reduction amounts respectively.
22 § 24. Section 228 of chapter 474 of the laws of 1996, amending the
23 education law and other laws relating to rates for residential health
24 care facilities, as amended by chapter 1 of the laws of 1999, is amended
25 to read as follows:
26 § 228. 1. Definitions. (a) Regions, for purposes of this section,
27 shall mean a downstate region to consist of Kings, New York, Richmond,
28 Queens, Bronx, Nassau and Suffolk counties and an upstate region to
29 consist of all other New York state counties. A certified home health
30 agency or long term home health care program shall be located in the
31 same county utilized by the commissioner of health for the establishment
32 of rates pursuant to article 36 of the public health law.
33 (b) Certified home health agency (CHHA) shall mean such term as
34 defined in section 3602 of the public health law.
35 (c) Long term home health care program (LTHHCP) shall mean such term
36 as defined in subdivision 8 of section 3602 of the public health law.
37 (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
38 ly, located within a region.
39 (e) Medicaid revenue percentage, for purposes of this section, shall
40 mean CHHA and LTHHCP revenues attributable to services provided to
41 persons eligible for payments pursuant to title 11 of article 5 of the
42 social services law divided by such revenues plus CHHA and LTHHCP reven-
43 ues attributable to services provided to beneficiaries of Title XVIII of
44 the federal social security act (medicare).
45 (f) Base period, for purposes of this section, shall mean calendar
46 year 1995.
47 (g) Target period. For purposes of this section, the 1996 target peri-
48 od shall mean August 1, 1996 through March 31, 1997, the 1997 target
49 period shall mean January 1, 1997 through November 30, 1997, the 1998
50 target period shall mean January 1, 1998 through November 30, 1998, the
51 1999 target period shall mean January 1, 1999 through November 30, 1999,
52 the 2000 target period shall mean January 1, 2000 through November 30,
53 2000, the 2001 target period shall mean January 1, 2001 through November
54 30, 2001, the 2002 target period shall mean January 1, 2002 through
55 November 30, 2002, [and] the 2003 target period shall mean January 1,
56 2003 through November 30, 2003, the 2004 target period shall mean Janu-
S. 1406--B 441 A. 2106--B
1 ary 1, 2004 through November 30, 2004, and the 2005 target period shall
2 mean January 1, 2005 through November 30, 2005.
3 2. (a) Prior to February 1, 1997, for each regional group the commis-
4 sioner of health shall calculate the 1996 medicaid revenue percentages
5 for the period commencing August 1, 1996 to the last date for which such
6 data is available and reasonably accurate.
7 (b) Prior to February 1, 1998, prior to February 1, 1999, prior to
8 February 1, 2000, prior to February 1, 2001, prior to February 1, 2002,
9 prior to February 1, 2003, [and] prior to February 1, 2004, prior to
10 February 1, 2005, and prior to February 1, 2006 for each regional group
11 the commissioner of health shall calculate the prior year's medicaid
12 revenue percentages for the period commencing January 1 through November
13 30 of such prior year.
14 3. By September 15, 1996, for each regional group the commissioner of
15 health shall calculate the base period medicaid revenue percentage.
16 4. (a) For each regional group, the 1996 target medicaid revenue
17 percentage shall be calculated by subtracting the 1996 medicaid revenue
18 reduction percentages from the base period medicaid revenue percentages.
19 The 1996 medicaid revenue reduction percentage, taking into account
20 regional and program differences in utilization of medicaid and medicare
21 services, for the following regional groups shall be equal to:
22 (i) one and one-tenth percentage points for CHHAs located within the
23 downstate region;
24 (ii) six-tenths of one percentage point for CHHAs located within the
25 upstate region;
26 (iii) one and eight-tenths percentage points for LTHHCPs located with-
27 in the downstate region; and
28 (iv) one and seven-tenths percentage points for LTHHCPs located within
29 the upstate region.
30 (b) For 1997, 1998, 2000, 2001, 2002, [and] 2003, 2004, and 2005 for
31 each regional group, the target medicaid revenue percentage for the
32 respective year shall be calculated by subtracting the respective year's
33 medicaid revenue reduction percentage from the base period medicaid
34 revenue percentage. The medicaid revenue reduction percentages for 1997,
35 1998, 2000, 2001, 2002 [and], 2003, 2004, and 2005 taking into account
36 regional and program differences in utilization of medicaid and medicare
37 services, for the following regional groups shall be equal to for each
38 such year:
39 (i) one and one-tenth percentage points for CHHAs located within the
40 downstate region;
41 (ii) six-tenths of one percentage point for CHHAs located within the
42 upstate region;
43 (iii) one and eight-tenths percentage points for LTHHCPs located with-
44 in the downstate region; and
45 (iv) one and seven-tenths percentage points for LTHHCPs located within
46 the upstate region.
47 (c) For each regional group, the 1999 target medicaid revenue percent-
48 age shall be calculated by subtracting the 1999 medicaid revenue
49 reduction percentage from the base period medicaid revenue percentage.
50 The 1999 medicaid revenue reduction percentages, taking into account
51 regional and program differences in utilization of medicaid and medicare
52 services, for the following regional groups shall be equal to:
53 (i) eight hundred twenty-five thousandths (.825) of one percentage
54 point for CHHAs located within the downstate region;
55 (ii) forty-five hundredths (.45) of one percentage point for CHHAs
56 located within the upstate region;
S. 1406--B 442 A. 2106--B
1 (iii) one and thirty-five hundredths percentage points (1.35) for
2 LTHHPs located within the downstate region; and
3 (iv) one and two hundred seventy-five thousandths percentage points
4 (1.275) for LTHHCPs located within the upstate region.
5 5. (a) For each regional group, if the 1996 medicaid revenue percent-
6 age is not equal to or less than the 1996 target medicaid revenue
7 percentage, the commissioner of health shall compare the 1996 medicaid
8 revenue percentage to the 1996 target medicaid revenue percentage to
9 determine the amount of the shortfall which, when divided by the 1996
10 medicaid revenue reduction percentage, shall be called the 1996
11 reduction factor. These amounts, expressed as a percentage, shall not
12 exceed one hundred percent. If the 1996 medicaid revenue percentage is
13 equal to or less than the 1996 target medicaid revenue percentage, the
14 1996 reduction factor shall be zero.
15 (b) For 1997, 1998, 1999, 2000, 2001, 2002, [and] 2003, 2004, and 2005
16 for each regional group, if the medicaid revenue percentage for the
17 respective year is not equal to or less than the target medicaid revenue
18 percentage for such respective year, the commissioner of health shall
19 compare such respective year's medicaid revenue percentage to such
20 respective year's target medicaid revenue percentage to determine the
21 amount of the shortfall which, when divided by the respective year's
22 medicaid revenue reduction percentage, shall be called the reduction
23 factor for such respective year. These amounts, expressed as a percent-
24 age, shall not exceed one hundred percent. If the medicaid revenue
25 percentage for a particular year is equal to or less than the target
26 medicaid revenue percentage for that year, the reduction factor for that
27 year shall be zero.
28 6. (a) For each regional group, the 1996 reduction factor shall be
29 multiplied by the following amounts to determine each regional group's
30 applicable 1996 state share reduction amount:
31 (i) two million three hundred ninety thousand dollars ($2,390,000) for
32 CHHAs located within the downstate region;
33 (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
34 within the upstate region;
35 (iii) one million two hundred seventy thousand dollars ($1,270,000)
36 for LTHHCPs located within the downstate region; and
37 (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs
38 located within the upstate region.
39 For each regional group reduction, if the 1996 reduction factor shall
40 be zero, there shall be no 1996 state share reduction amount.
41 (b) For 1997, 1998, 2000, 2001, 2002, [and] 2003, 2004 and 2005 for
42 each regional group, the reduction factor for the respective year shall
43 be multiplied by the following amounts to determine each regional
44 group's applicable state share reduction amount for such respective
45 year:
46 (i) two million three hundred ninety thousand dollars ($2,390,000) for
47 CHHAs located within the downstate region;
48 (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
49 within the upstate region;
50 (iii) one million two hundred seventy thousand dollars ($1,270,000)
51 for LTHHCPs located within the downstate region; and
52 (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs
53 located within the upstate region.
54 For each regional group reduction, if the reduction factor for a
55 particular year shall be zero, there shall be no state share reduction
56 amount for such year.
S. 1406--B 443 A. 2106--B
1 (c) For each regional group, the 1999 reduction factor shall be multi-
2 plied by the following amounts to determine each regional group's appli-
3 cable 1999 state share reduction amount:
4 (i) one million seven hundred ninety-two thousand five hundred dollars
5 $1,792,500) for CHHAs located within the downstate region;
6 (ii) five hundred sixty-two thousand five hundred dollars ($562,500)
7 for CHHAs located within the upstate region;
8 (iii) nine hundred fifty-two thousand five hundred dollars ($952,500)
9 for LTHHCPs located within the downstate region; and
10 (iv) four hundred forty-two thousand five hundred dollars ($442,500)
11 for LTHHCPs located within the upstate region.
12 For each regional group reduction, if the 1999 reduction factor shall
13 be zero, there shall be no 1999 state share reduction amount.
14 7. (a) For each regional group, the 1996 state share reduction amount
15 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
16 on the basis of the extent of each CHHA's and LTHHCP's failure to
17 achieve the 1996 target medicaid revenue percentage, calculated on a
18 provider specific basis utilizing revenues for this purpose, expressed
19 as a proportion of the total of each CHHA's and LTHHCP's failure to
20 achieve the 1996 target medicaid revenue percentage within the applica-
21 ble regional group. This proportion shall be multiplied by the applica-
22 ble 1996 state share reduction amount calculation pursuant to paragraph
23 (a) of subdivision 6 of this section. This amount shall be called the
24 1996 provider specific state share reduction amount.
25 (b) For 1997, 1998, 1999, 2000, 2001, 2002, [and] 2003, 2004 and 2005
26 for each regional group, the state share reduction amount for the
27 respective year shall be allocated by the commissioner of health among
28 CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's
29 failure to achieve the target medicaid revenue percentage for the appli-
30 cable year, calculated on a provider specific basis utilizing revenues
31 for this purpose, expressed as a proportion of the total of each CHHA's
32 and LTHHCP's failure to achieve the target medicaid revenue percentage
33 for the applicable year within the applicable regional group. This
34 proportion shall be multiplied by the applicable year's state share
35 reduction amount calculation pursuant to paragraph (b) or (c) of subdi-
36 vision 6 of this section. This amount shall be called the provider
37 specific state share reduction amount for the applicable year.
38 8. (a) The 1996 provider specific state share reduction amount shall
39 be due to the state from each CHHA and LTHHCP and may be recouped by the
40 state by March 31, 1997 in a lump sum amount or amounts from payments
41 due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the
42 social services law.
43 (b) The provider specific state share reduction amount for 1997, 1998,
44 1999, 2000, 2001, 2002 [and], 2003, 2004 and 2005 respectively, shall be
45 due to the state from each CHHA and LTHHCP and each year the amount due
46 for such year may be recouped by the state by March 31 of the following
47 year in a lump sum amount or amounts from payments due to the CHHA and
48 LTHHCP pursuant to title 11 of article 5 of the social services law.
49 9. CHHAs and LTHHCPs shall submit such data and information at such
50 times as the commissioner of health may require for purposes of this
51 section. The commissioner of health may use data available from third-
52 party payors.
53 10. On or about June 1, 1997, for each regional group the commissioner
54 of health shall calculate for the period August 1, 1996 through March
55 31, 1997 a medicaid revenue percentage, a reduction factor, a state
56 share reduction amount, and a provider specific state share reduction
S. 1406--B 444 A. 2106--B
1 amount in accordance with the methodology provided in paragraph (a) of
2 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
3 sion 6 and paragraph (a) of subdivision 7 of this section. The provider
4 specific state share reduction amount calculated in accordance with this
5 subdivision shall be compared to the 1996 provider specific state share
6 reduction amount calculated in accordance with paragraph (a) of subdivi-
7 sion 7 of this section. Any amount in excess of the amount determined in
8 accordance with paragraph (a) of subdivision 7 of this section shall be
9 due to the state from each CHHA and LTHHCP and may be recouped in
10 accordance with paragraph (a) of subdivision 8 of this section. If the
11 amount is less than the amount determined in accordance with paragraph
12 (a) of subdivision 7 of this section, the difference shall be refunded
13 to the CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
14 and LTHHCPs shall submit data for the period August 1, 1996 through
15 March 31, 1997 to the commissioner of health by April 15, 1997.
16 11. If a CHHA or LTHHCP fails to submit data and information as
17 required for purposes of this section:
18 (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
19 caid revenue percentage between the applicable base period and the
20 applicable target period for purposes of the calculations pursuant to
21 this section; and
22 (b) the commissioner of health shall reduce the current rate paid to
23 such CHHA and such LTHHCP by state governmental agencies pursuant to
24 article 36 of the public health law by one percent for a period begin-
25 ning on the first day of the calendar month following the applicable due
26 date as established by the commissioner of health and continuing until
27 the last day of the calendar month in which the required data and infor-
28 mation are submitted.
29 12. The commissioner of health shall inform in writing the director of
30 the budget and the chair of the senate finance committee and the chair
31 of the assembly ways and means committee of the results of the calcu-
32 lations pursuant to this section.
33 § 25. Notwithstanding any inconsistent provision of law, rule or regu-
34 lation, the annual percentage reductions set forth in sections twenty-
35 three through twenty-seven of this act shall be prorated by the commis-
36 sioner of health for the period January 1, 2000 through March 31, 2005.
37 § 26. The opening paragraph, subdivisions 2, 3, 4, 5 and 6 of section
38 36 of chapter 433 of the laws of 1997, amending the public health law
39 and other laws relating to the rate of reimbursement paid to hospitals
40 and residential health care facilities, as amended by chapter 1 of the
41 laws of 1999, are amended to read as follows:
42 Notwithstanding any provision of law to the contrary, for the period
43 commencing July 1, 2000 and ending March 31, 2001 and for each year
44 thereafter through March 31, [2003] 2005:
45 (2)(a) For the purposes of developing district-specific targets to
46 enhance incentives for the efficient management of home care services,
47 the department of health shall employ a methodology which includes the
48 following components:
49 (i) districts shall be assigned to one of two peer groups for the
50 purpose of creating standards for the comparison of home care utiliza-
51 tion across districts, the first group being comprised of the districts
52 of Rockland, Suffolk, Westchester, Nassau and New York city and the
53 second group being comprised of all districts not assigned to the first
54 group;
55 (ii) a base period which shall be defined, for target calculation
56 purposes, as July 1, 1996 through March 31, 1997;
S. 1406--B 445 A. 2106--B
1 (iii) target periods, which shall be defined as July 1, 2000 through
2 March 31, 2001 and each year thereafter through March 31, [2003] 2005;
3 (iv) each district's home care services expenditures per recipient in
4 the base period shall be arrayed within each peer group as established
5 pursuant to subparagraph (i) of this paragraph;
6 (v) standards of efficiency, which shall be defined as the median of
7 each peer group's array, provided that no standard of efficiency shall
8 be less than one hundred seventy-five percent of the statewide median
9 and provided, further, that no standard of efficiency shall exceed two
10 hundred fifty percent of the statewide median; and
11 (vi) a district-specific expenditure per recipient variance, which
12 shall be defined, for those districts whose home care services expendi-
13 tures per recipient exceed the applicable standard of efficiency, as the
14 difference between each district's expenditures per recipient and the
15 standard of efficiency.
16 (b) The district-specific expenditure per recipient variance shall be
17 multiplied by the number of home care services recipients in that
18 district in the base period and the product of that calculation shall be
19 trended forward to the target period to account for projected price and
20 recipient changes by a trend factor to be determined by the department
21 of health in consultation with the director of the division of the budg-
22 et.
23 (c) The state share of the product obtained by the calculation made
24 pursuant to paragraph (b) of this subdivision shall be reduced in an
25 amount equal to sixty percent of the state share of the savings attrib-
26 utable to the amount by which the district's utilization of long term
27 nursing facility beds by Medicaid recipients is below the national aver-
28 age (adjusted for population age sixty-five or older). For the purpose
29 of this calculation, the department of health may utilize the same data
30 utilized by the department of social services in its calculation of the
31 nursing facility adjustment for savings targets for the target period of
32 July 1, 1996 through March 31, 1997.
33 (d) The department of health shall calculate savings targets by
34 adjusting all products obtained by the calculation made pursuant to
35 paragraph (c) of this subdivision by an implementation factor such that
36 the sum of all such products equals thirty-three million five hundred
37 sixty-five thousand dollars after first reducing any such sums which are
38 less than twenty thousand dollars to zero.
39 (e) Notwithstanding the calculation of savings targets made pursuant
40 to paragraph (d) of this subdivision, any district for which a savings
41 target is calculated pursuant to such paragraph and which was not
42 assigned a savings target pursuant to the provisions of section 226 of
43 chapter 474 of the laws of 1996 shall be assigned a savings target equal
44 to twenty-five percent of the amount calculated pursuant to such para-
45 graph.
46 (3) On or about January 1, 2001 and on and about January 1 of each
47 year thereafter through January 1, [2003] 2005, the department of health
48 shall notify districts as to the progress made toward reaching the
49 savings targets. Such notice shall provide districts with aggregate data
50 accumulated by such department from the beginning of each target period
51 through the most recent full calendar month for which data is available
52 and shall include information on the number of recipients in receipt of
53 home care services, the type of home care services provided and the cost
54 of such services.
55 (4)(a) On or before March 1, 2001 and on or before March 1 of each
56 year thereafter through March 1, [2003] 2005, the department of health
S. 1406--B 446 A. 2106--B
1 shall notify districts as to: the progress made toward reaching the
2 savings targets; the amount, if any, by which the department projects,
3 pursuant to paragraph (b) of this subdivision, the district will not
4 achieve the savings targets; and the amount of state payments, if any,
5 to be intercepted by the department pursuant to subdivision five of this
6 section.
7 (b) For purposes of the assessment as to achievement of savings
8 targets required by paragraph (a) of this subdivision, the department of
9 health shall take the following steps:
10 (i) calculate the state share district-specific home care expenditures
11 per recipient from the beginning of the target period through the most
12 recent full calendar month for which data is available and project such
13 calculation to the full target period; provided, however, that such
14 calculation shall exclude any expenditures during such period caused
15 solely by adjustments to rates of payment for service periods prior to
16 the target period;
17 (ii) calculate the state share district-specific home care expendi-
18 tures per recipient for the base period trended forward by the price
19 projection factor utilized pursuant to paragraph (b) of subdivision 2 of
20 this section;
21 (iii) the district-specific projected savings shall be determined by
22 subtracting the result of the calculation performed pursuant to subpara-
23 graph (i) of this paragraph from the result of the calculation performed
24 pursuant to subparagraph (ii) of this paragraph and, where the result of
25 such subtraction is a positive number, multiplying the difference by the
26 number of home care services recipients in the base period as projected
27 forward by the utilization projection factor used pursuant to paragraph
28 (b) of subdivision 2 of this section to the target period;
29 (5)(a) The department of health is authorized and directed to inter-
30 cept, on or before March 31, 2001 and on or before March 31 of each year
31 thereafter through March 31, [2003] 2005, state payments for public
32 assistance and care, and any other payments otherwise to be made, to any
33 district which the department projects, pursuant to subdivision 4 of
34 this section, will fail to achieve the savings target calculated pursu-
35 ant to subdivision 2 of this section.
36 (b)(i) The department of health shall intercept the amount by which
37 the savings calculated pursuant to subparagraph (iii) of paragraph (b)
38 of subdivision 4 of this section is less than the savings targets calcu-
39 lated pursuant to subdivision 2 of this section.
40 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
41 graph, the commissioner of health, in consultation with the director of
42 the division of the budget, may exercise discretion not to intercept
43 from a district if the commissioner of health reasonably anticipates
44 that the district's projected additional savings through the end of the
45 target period will exceed the amount otherwise subject to interception
46 pursuant to this paragraph.
47 (c) Payments intercepted pursuant to this subdivision shall be paid to
48 the state general fund and credited to the aid to localities, medical
49 assistance program.
50 (6) As soon as practicable after March 31, 2001 and as soon as possi-
51 ble after March 31 of each year thereafter up to and including March 31,
52 [2003] 2005, the department of health shall determine the actual home
53 care services state share medical assistance savings achieved by a
54 district. The department shall calculate actual savings in the same
55 manner set forth in subdivision 4 of this section, except that the
56 calculation as to actual home care services expenditures per recipient
S. 1406--B 447 A. 2106--B
1 set forth in subparagraph (i) of paragraph (b) of subdivision 4 of this
2 section shall be based on data for the entire target period. If the
3 department determines that payments to any district were intercepted,
4 pursuant to subdivisions 4 and 5 of this section, in an amount greater
5 than was necessary to reimburse the department for the savings target,
6 the department shall authorize payment of such amount to such district
7 as soon as possible, but in no event later than three months after the
8 end of the target period. In the case of a district for which, pursuant
9 to subdivisions 4 and 5 of this section, either no intercept, or an
10 insufficient intercept, of state funds was made, if the department
11 determines that such district failed to achieve savings sufficient to
12 meet its home care services state share medical assistance savings
13 target, the department shall as soon as possible, but in no event later
14 than three months after the end of the target period, intercept state
15 payments for public assistance and care and any other payments otherwise
16 to be made to such district in an amount sufficient to reimburse the
17 state for the savings target.
18 § 27. Subdivision 11 of section 2807-c of the public health law is
19 amended by adding a new paragraph (s-6) to read as follows:
20 (s-6) To the extent funds are available otherwise notwithstanding any
21 inconsistent provision of law to the contrary, for rate periods April
22 first, two thousand through March thirty-first, two thousand five, the
23 commissioner shall increase rates of payment for patients eligible for
24 payments made by state governmental agencies by an amount not to exceed
25 forty-eight million dollars annually in the aggregate. Such amount
26 shall be allocated among those voluntary non-profit and private proprie-
27 tary general hospitals which continue to provide inpatient services as
28 of July first, nineteen hundred ninety-nine under a previous or new name
29 and which qualified for rate adjustments pursuant to paragraph (s) of
30 this subdivision as in effect for the period July first, nineteen
31 hundred ninety-five through June thirtieth, nineteen hundred ninety-six
32 proportionally based on each such general hospital's proportional share
33 of total funds allocated pursuant to paragraph (s) of this subdivision
34 as in effect for the period of July first, nineteen hundred ninety-five
35 through June thirtieth, nineteen hundred ninety-six, provided however,
36 that amounts allocable to previously but no longer qualified hospitals
37 shall be proportionally reallocated to the remaining qualified hospi-
38 tals. The rate adjustments calculated in accordance with this paragraph
39 shall be subject to retrospective reconciliation to ensure that each
40 hospital receives in the aggregate its proportionate share of the full
41 allocation, to the extent allowable under federal law, provided however
42 that the department shall not be required to reconcile payments made
43 pursuant to paragraph (s) of this subdivision applicable to periods
44 prior to September first, nineteen hundred ninety-seven.
45 § 28. Subparagraph (iii) of paragraph (f) of subdivision 4 of section
46 2807-c of the public health law, as amended by chapter 1 of the laws of
47 1999, is amended to read as follows:
48 (iii) commencing April first, nineteen hundred ninety-seven through
49 March thirty-first, nineteen hundred ninety-nine and commencing July
50 first, nineteen hundred ninety-nine through March thirty-first, two
51 thousand and April first, two thousand through March thirty-first, two
52 thousand [three] five, the reimbursable inpatient operating cost compo-
53 nent of case based rates of payment per diagnosis-related group, exclud-
54 ing any operating cost components related to direct and indirect
55 expenses of graduate medical education, for patients eligible for
56 payments made by state governmental agencies shall be reduced by three
S. 1406--B 448 A. 2106--B
1 and thirty-three hundredths percent to encourage improved productivity
2 and efficiency. Such election shall not alter the calculation of the
3 group price component calculated pursuant to subparagraph (i) of para-
4 graph (a) of subdivision seven of this section;
5 § 29. Subparagraph (iii) of paragraph (k) of subdivision 4 of section
6 2807-c of the public health law, as amended by chapter 1 of the laws of
7 1999, is amended to read as follows:
8 (iii) commencing April first, nineteen hundred ninety-seven through
9 March thirty-first, nineteen hundred ninety-nine and commencing July
10 first, nineteen hundred ninety-nine through March thirty-first, two
11 thousand and April first, two thousand through March thirty-first, two
12 thousand [three] five, the operating cost component of rates of payment,
13 excluding any operating cost components related to direct and indirect
14 expenses of graduate medical education, for patients eligible for
15 payments made by a state governmental agency shall be reduced by three
16 and thirty-three hundredths percent to encourage improved productivity
17 and efficiency. The facility will be eligible to receive the financial
18 incentives for the physician specialty weighting incentive towards
19 primary care pursuant to subparagraph (ii) of paragraph (a) of subdivi-
20 sion twenty-five of this section.
21 § 30. The opening paragraph of subparagraph (vi) of paragraph (b) of
22 subdivision 5 of section 2807-c of the public health law, as amended by
23 chapter 1 of the laws of 1999, is amended to read as follows:
24 for discharges on or after April first, nineteen hundred ninety-seven
25 through March thirty-first, nineteen hundred ninety-nine and for
26 discharges on or after July first, nineteen hundred ninety-nine through
27 March thirty-first, two thousand and for discharges on or after April
28 first, two thousand through March thirty-first, two thousand [three]
29 five, for purposes of reimbursement of inpatient hospital services for
30 patients eligible for payments made by state governmental agencies, the
31 average reimbursable inpatient operating cost per discharge of a general
32 hospital shall, to encourage improved productivity and efficiency, be
33 the sum of:
34 § 31. The opening paragraph and subparagraph (i) of paragraph (c) of
35 subdivision 5 of section 2807-c of the public health law, as amended by
36 chapter 1 of the laws of 1999, are amended to read as follows:
37 Notwithstanding any inconsistent provision of this section, commencing
38 July first, nineteen hundred ninety-six through March thirty-first,
39 nineteen hundred ninety-nine and July first, nineteen hundred ninety-
40 nine through March thirty-first, two thousand and April first, two thou-
41 sand through March thirty-first, two thousand [three] five, rates of
42 payment for a general hospital for patients eligible for payments made
43 by state governmental agencies shall be further reduced by the commis-
44 sioner to encourage improved productivity and efficiency by providers by
45 a factor determined as follows:
46 (i) an aggregate reduction shall be calculated for each general hospi-
47 tal commencing July first, nineteen hundred ninety-six through March
48 thirty-first, nineteen hundred ninety-nine and July first, nineteen
49 hundred ninety-nine through March thirty-first, two thousand and April
50 first, two thousand through March thirty-first, two thousand [three]
51 five, as the result of (A) eighty-nine million dollars on an annualized
52 basis for each year, multiplied by (B) the ratio of patient days for
53 patients eligible for payments made by state governmental agencies
54 provided in a base year two years prior to the rate year by a general
55 hospital, divided by the total of such patient days summed for all
56 general hospitals; and
S. 1406--B 449 A. 2106--B
1 § 32. Clause (B-1) of subparagraph (i) of paragraph (f) of subdivision
2 11 of section 2807-c of the public health law, as amended by chapter 1
3 of the laws of 1999, is amended to read as follows:
4 (B-1) The increase in the statewide average case mix in the periods
5 January first, nineteen hundred ninety-seven through March thirty-first,
6 two thousand and on and after April first, two thousand through March
7 thirty-first, two thousand [three] five, from the statewide average case
8 mix for the period January first, nineteen hundred ninety-six through
9 December thirty-first, nineteen hundred ninety-six shall not exceed one
10 percent for nineteen hundred ninety-seven, two percent for nineteen
11 hundred ninety-eight, three percent for the period January first, nine-
12 teen hundred ninety-nine through September thirtieth, nineteen hundred
13 ninety-nine, four percent for the period October first, nineteen hundred
14 ninety-nine through December thirty-first, nineteen hundred ninety-nine
15 and four percent for two thousand plus an additional one percent per
16 year thereafter, based on comparison of data only for patients that are
17 eligible for medical assistance pursuant to title eleven of article five
18 of the social services law, including such patients enrolled in health
19 maintenance organizations.
20 § 33. Subdivision 1 of section 46 of chapter 639 of the laws of 1996
21 amending the public health law and other laws relating to welfare
22 reform, as amended by chapter 1 of the laws of 1999, is amended to read
23 as follows:
24 1. Notwithstanding any inconsistent provision of law or regulation to
25 the contrary, the trend factors used to project reimbursable operating
26 costs to the rate period for purposes of determining rates of payment
27 pursuant to article 28 of the public health law for general hospitals
28 for reimbursement of inpatient hospital services provided to patients
29 eligible for payments made by state governmental agencies on and after
30 April 1, 1996 through June 30, 1996 and on or after July 1, 1996 through
31 March 31, 1999 and on and after July 1, 1999 through March 31, 2000 and
32 on and after April 1, 2000 through March 31, [2003] 2005, shall reflect
33 no trend factor projections or adjustments for the period April 1, 1996,
34 through March 31, 1997.
35 § 34. Section 3 of chapter 483 of the laws of 1978, amending the
36 public health law relating to rate of payment for each residential
37 health care facility to real property costs, as amended by section 24 of
38 part B of chapter 1 of the laws of 2002, is amended to read as follows:
39 § 3. This act shall take effect immediately provided, however, that
40 the provisions of subdivision 2-a of section 2808 of the public health
41 law, as added by section one of this act, shall remain in full force and
42 effect until December 31, [2003] 2005.
43 § 35. Notwithstanding any provision of law, rule or regulation to the
44 contrary, assessments due for any period prior to January 1, 2003, which
45 are paid in full and accompanied by appropriate reports pursuant to
46 subparagraph (vi) of paragraph (b) of subdivision 2 of section 2807-d of
47 the public health law and which are received on or before August 1,
48 2003, shall not be subject to interest or penalties as otherwise
49 provided in section 2807-d of the public health law, provided, however,
50 that with regard to all assessment, interest and penalty amounts
51 collected by the commissioner of health by the effective date of this
52 act the interest and penalty provisions of section 2807-d of the public
53 health law shall remain in full force and effect and such amounts
54 collected shall not be subject to further reconciliation or adjustment
55 and further provided that the provisions of this section shall not apply
S. 1406--B 450 A. 2106--B
1 to any assessment payment made in response to an audit finding made by
2 the commissioner of health or the commissioner of health's designee.
3 § 36. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
4 2807-d of the public health law, as amended by section 49 of part J of
5 chapter 82 of the laws of 2002, is amended to read as follows:
6 (vi) Notwithstanding any contrary provision of this paragraph or any
7 other provision of law or regulation to the contrary, for residential
8 health care facilities the assessment shall be six percent of each resi-
9 dential health care facility's gross receipts received from all patient
10 care services and other operating income on a cash basis for the period
11 April first, two thousand two through March thirty-first, two thousand
12 [five] three for hospital or health-related services, including adult
13 day services; provided, however, that residential health care facili-
14 ties' gross receipts attributable to payments received pursuant to title
15 XVIII of the federal social security act (medicare) shall be excluded
16 from the assessment; provided, however, that for all such gross receipts
17 received on or after April first, two thousand three through March thir-
18 ty-first, two thousand four, such assessment shall be five percent, and
19 further provided that for all such gross receipts received on or after
20 April first, two thousand four through March thirty-first, two thousand
21 five, such assessment shall be two and five-tenths percent, and further
22 provided that such assessment shall expire and be of no further effect
23 for all such gross receipts received on or after April first, two thou-
24 sand five.
25 § 37. The commissioner of health shall issue a directive to ensure
26 that social services districts inform veterans and when appropriate,
27 their dependents that they must investigate and pursue all available
28 veterans benefits. Such directive shall also inform social services
29 districts to advise veterans and when appropriate, their dependents that
30 the division of veterans' affairs and local veterans' service agencies
31 provide assistance to veterans and when appropriate, their dependents
32 regarding benefits under federal and state law, as required by section
33 354-a of the executive law, and shall also include any additional
34 instructions as the commissioner of health shall deem necessary to
35 facilitate the application for such benefits by veterans and when appro-
36 priate, their dependents.
37 § 38. The commissioner of health shall participate in a demonstration
38 program with the federal centers for medicare and medicaid services. The
39 purpose of the demonstration program shall be to maximize the coordi-
40 nation of benefits for home care services under title XVIII of the
41 federal social security act (medicare) and title XIX of the federal
42 social security act (medical assistance) in order to facilitate medicare
43 payment of claims for qualified beneficiaries.
44 § 39. It is the intent of the legislature, in conjunction with the
45 enactment of comprehensive legislation containing medical assistance
46 expenditures, that the payment schedule for medical assistance claims be
47 adjusted, as specified in this section, in order to assist in effectuat-
48 ing such cost containment with the two thousand three--two thousand four
49 state fiscal plan. Accordingly, notwithstanding any law, rule or regu-
50 lation to the contrary, the commissioner of health is hereby authorized
51 and directed to take such steps as necessary to adjust the schedule of
52 medical assistance payments to providers of services so that the final
53 such payment that would otherwise be made in the two thousand three--two
54 thousand four state fiscal year, which would occur on or immediately
55 prior to March 31, 2004, shall instead be made on the first day of the
56 two thousand four--two thousand five state fiscal year.
S. 1406--B 451 A. 2106--B
1 § 40. Section 2808 of the public health law is amended by adding a new
2 subdivision 20 to read as follows:
3 § 20. a. The commissioner shall timely develop and implement a stand-
4 ardized process for assessing the feasibility of capital mortgage re-fi-
5 nancings, including a standard formula for determining the net cost
6 benefit of re-financing, inclusive of all transaction and closing costs.
7 On or before July first, two thousand three or ninety days after the
8 effective date of this subdivision, whichever is later, each residential
9 health care facility established under this article and certified as a
10 provider pursuant to title XIX of the federal social security act (Medi-
11 caid), except for those facilities established under the nursing home
12 companies law or the hospital loan construction law, shall review its
13 existing capital debt structure using the standard formula to evaluate
14 whether or not a material cost benefit could be derived by re-financing
15 its capital mortgage or mortgages, and shall forward the results of such
16 review to the commissioner. The commissioner may request and such facil-
17 ities shall submit descriptions of existing mortgage arrangements and
18 debt service reserve funds as needed to implement paragraph b of this
19 subdivision. Facilities established under the nursing home companies law
20 or the hospital loan construction law shall submit to the dormitory
21 authority, the housing finance agency and/or the state of New York mort-
22 gage agency such information as is required by such agency to evaluate
23 potential re-financing of such capital mortgages.
24 b. the commissioner shall review each facility's submission and make a
25 written determination as to whether or not the facility should re-fi-
26 nance its capital mortgage or mortgages, and if so, for what amount,
27 within sixty days of the date of the facility's submission based on the
28 following parameters:
29 (i) the mortgage re-financing must result in a present value cost
30 benefit that "materially exceeds", as such term is defined by the
31 commissioner, the amount of all transaction and closing costs associated
32 with the re-financing, including any pre-payment penalties associated
33 with the current mortgage or mortgages. The commissioner shall do such
34 calculations in a manner consistent with comparable calculations in the
35 state finance law;
36 (ii) mortgages may be re-financed for a term greater than the remain-
37 ing term of the existing debt within certain limits, if doing so would
38 result in the present value cost benefit specified in subparagraph (i)
39 of this paragraph;
40 (iii) mortgages may be re-financed utilizing variable rate mortgage
41 loans, if doing so would result in the present value cost benefit speci-
42 fied in subparagraph (i) of this paragraph. In such cases, for purposes
43 of determining the reimbursable capital interest expense included in the
44 capital cost component of rates of payment determined pursuant to this
45 article, the average interest rate over the life of the re-financed
46 mortgage shall not exceed the interest rate in effect on the previous
47 mortgage debt immediately prior to the re-financing;
48 (iv) not-for-profit and governmental residential health care facili-
49 ties may utilize taxable mortgage loans to re-finance their existing
50 debts, if doing so would result in the present value cost benefit speci-
51 fied in subparagraph (i) of this paragraph;
52 (v) moneys contained in facility debt service reserve funds may be
53 considered in the evaluation of amounts necessary to be re-financed, but
54 only to the extent such moneys total more than the debt service reserves
55 needed to establish the successor capital mortgage financing;
S. 1406--B 452 A. 2106--B
1 (vi) in no event shall funded depreciation accounts, or building funds
2 accumulated through donor-restricted contributions or unrestricted
3 contributions, gifts, bequests, or legacies, be considered in the evalu-
4 ation of amounts necessary to be re-financed; and
5 (vii) notwithstanding any inconsistent provision of law or regulation
6 to the contrary, the principal amount, including all transaction and
7 closing costs and any pre-payment penalties associated with the previous
8 mortgage or mortgages, that is thereby deemed necessary to be re-fi-
9 nanced by the commissioner, as approved by the public authorities
10 control board and the United States department of housing and urban
11 development where appropriate, shall be considered the final, approved
12 mortgage amount for capital cost reimbursement under the relevant
13 provisions of this article.
14 c. Notwithstanding any inconsistent provision of law or regulation to
15 the contrary, the capital cost component of rates of payment for
16 services provided for the period beginning October first, two thousand
17 three or one hundred eighty days after the effective date of this subdi-
18 vision, whichever is later, through March thirty-first, two thousand
19 four for residential health care facilities established under this arti-
20 cle and certified as providers pursuant to title XIX of the federal
21 social security act (Medicaid), except for those facilities established
22 under the nursing home companies law or the hospital loan construction
23 law, that have been identified by the commissioner as refinancing candi-
24 dates pursuant to paragraph b of this subdivision shall reflect capital
25 interest costs equivalent to the lower of the prevailing market borrow-
26 ing rates available on or about July first, two thousand three or ninety
27 days after the effective date of this subdivision, whichever is later,
28 for refinancing capital mortgages for their remaining term plus two
29 hundred basis points, or the existing rate being paid by the facility on
30 its capital mortgage or mortgages as of that date. The commissioner
31 shall determine, in consultation with mortgage financing experts, the
32 prevailing market borrowing rates available to not-for-profit and
33 governmental residential health care facilities to re-finance capital
34 mortgages on a tax-exempt fixed rate basis, and to proprietary residen-
35 tial health care facilities to re-finance capital mortgages on a tax-ex-
36 empt fixed rate basis, and to proprietary residential health care facil-
37 ities to re-finance capital mortgages on a taxable fixed rate basis, for
38 this purpose. Exceptions to this policy shall be provided by the commis-
39 sioner to each such facility that demonstrates, prior to October first,
40 two thousand three or thirty days after receipt of the commissioner's
41 written determination specified in paragraph (b) of this subdivision,
42 whichever occurs later, that:
43 (i) it has initiated or completed the process of re-financing the
44 mortgage or mortgages in question, in which case the capital cost compo-
45 nent of rates of payment shall be timely revised to reflect capital
46 interest costs associated with a re-financed mortgage that conforms to
47 the standards in paragraph (b) of this subdivision. For this purpose, a
48 facility that has applied for approval by the commissioner, the state
49 hospital review and planning council and/or the public health council to
50 re-finance its existing mortgage debt as part of a larger project
51 involving facility replacement, expansion, renovation or change of
52 ownership is considered to have initiated the process of re-financing;
53 or
54 (ii) it can not re-finance its capital mortgage or mortgages to
55 achieve the relevant present value cost benefit specified in subpara-
56 graphs (i) and (ii) of paragraph (b) of this subdivision due to a "lock
S. 1406--B 453 A. 2106--B
1 out" or similar provision in its current mortgage agreement that
2 prevents re-financing; due to some other type of genuine re-financing
3 obstacle, such as an inability of the facility to obtain credit approval
4 from a lender or mortgage insurer, or due to an intervening change in
5 credit market conditions or other relevant circumstances, in which case
6 the capital cost component of rates of payment shall continue to reflect
7 capital interest costs associated with the existing mortgage or mort-
8 gages, together with reasonable costs incurred in connection with the
9 facility's attempt to re-finance its existing mortgage debt.
10 § 41. Section 10 of chapter 649 of the laws of 1996 amending the
11 public health law, the mental hygiene law and the social services law
12 relating to authorizing the establishment of special needs plans, as
13 amended by section 1 of part B of chapter 57 of the laws of 2000, is
14 amended to read as follows:
15 § 10. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after July 1, 1996; provided,
17 however, that sections one, two and three of this act shall expire and
18 be deemed repealed on [December 31, 2003] March 31, 2006 provided,
19 however that the amendments to section 364-j of the social services law
20 made by section four of this act shall not affect the expiration of such
21 section and shall be deemed to expire therewith and provided, further,
22 that the provisions of subdivisions 8, 9 and 10 of section 4401 of the
23 public health law, as added by section one of this act; section 4403-d
24 of the public health law as added by section two of this act and the
25 provisions of section seven of this act, except for the provisions
26 relating to the establishment of no more than twelve comprehensive HIV
27 special needs plans, shall expire and be deemed repealed on July 1,
28 2000.
29 § 42. Section 11 of chapter 710 of the laws of 1988, amending the
30 social services law and the education law relating to medical assistance
31 eligibility of certain persons and providing for managed medical care
32 demonstration programs, as amended by section 2 of part B of chapter 57
33 of the laws of 2000, is amended to read as follows:
34 § 11. This act shall take effect immediately; except that the
35 provisions of sections one, two, three, four, eight and ten of this act
36 shall take effect on the ninetieth day after it shall have become a law;
37 and except that the provisions of sections five, six and seven of this
38 act shall take effect January 1, 1989; and except that effective imme-
39 diately, the addition, amendment and/or repeal of any rule or regulation
40 necessary for the implementation of this act on its effective date are
41 authorized and directed to be made and completed on or before such
42 effective date; provided, however, that the provisions of section 364-j
43 of the social services law, as added by section one of this act shall
44 expire and be deemed repealed on and after [December 31, 2003] March 31,
45 2006, the provisions of section 364-k of the social services law, as
46 added by section two of this act, except subdivision 10 of such section,
47 shall expire and be deemed repealed on and after January 1, 1994, and
48 the provisions of subdivision 10 of section 364-k of the social services
49 law, as added by section two of this act, shall expire and be deemed
50 repealed on January 1, 1995.
51 § 43. Subdivision (c) of section 62 of chapter 165 of the laws of
52 1991, amending the public health law and other laws relating to estab-
53 lishing payments for medical assistance, as amended by section 3 of part
54 B of chapter 57 of the laws of 2000, is amended to read as follows:
55 (c) section 364-j of the social services law, as amended by section
56 eight of this act and subdivision 6 of section 367-a of the social
S. 1406--B 454 A. 2106--B
1 services law as added by section twelve of this act shall expire and be
2 deemed repealed on [December 31, 2003] March 31 2006 and provided
3 further, that the amendments to the provisions of such section 364-j
4 shall only apply to managed care programs approved on or after the
5 effective date of this act;
6 § 44. Section 18 of chapter 904 of the laws of 1984, amending the
7 public health law and the social services law relating to encouraging
8 comprehensive health services, as amended by section 23 of part B of
9 chapter 1 of the laws of 2002, is amended to read as follows:
10 § 18. This act shall take effect immediately, except that sections
11 six, nine, ten and eleven of this act shall take effect on the sixtieth
12 day after it shall have become a law, sections three, four and nine of
13 this act shall expire and be of no further force or effect on or after
14 [July 1, 2003] March 31, 2006, section two of this act shall take effect
15 on April 1, 1985 or seventy-five days following the submission of the
16 report required by section one of this act, whichever is later, and
17 shall expire and be of no further force or effect after July 1, 2003 and
18 sections eleven and thirteen of this act shall expire and be of no
19 further force or effect on or after March 31, 1988.
20 § 45. Section 2 of chapter 535 of the laws of 1983, amending the
21 social services law relating to eligibility of certain enrollees for
22 medical assistance, as amended by section 22 of part B of chapter 1 of
23 the laws of 2002, is amended to read as follows:
24 § 2. This act shall take effect immediately and shall remain in full
25 force and effect through [June 30, 2003] March 31, 2006.
26 § 46. Section 4 of chapter 19 of the laws of 1998, amending the
27 social services law relating to limiting the method of payment for
28 prescription drugs under the medical assistance program, as amended by
29 section 3 of part A of chapter 57 of the laws of 2000, is amended to
30 read as follows:
31 § 4. This act shall take effect 120 days after it shall have become a
32 law and shall expire and be deemed repealed [December 31, 2003] March
33 31, 2006.
34 § 47. Paragraph (a) of subdivision 2 of section 364-j-2 of the social
35 services law, as amended by section 39 of part J of chapter 82 of the
36 laws of 2002, is amended to read as follows:
37 (a) Notwithstanding paragraphs (b) and (h) of subdivision two of
38 section twenty-eight hundred seven of the public health law, the commis-
39 sioner of health shall make supplemental payments of nine million eight
40 hundred twenty-four thousand dollars ($9,824,000), to covered providers
41 described in subdivision one of this section who are qualified providers
42 as described in paragraph (a) of subdivision three of this section,
43 based on adjustments to fee-for-service rates for the period February
44 first through March thirty-first, two thousand two and nine million
45 eight hundred twenty-four thousand dollars ($9,824,000) for the period
46 October first through December thirty-first, two thousand two and four
47 million nine hundred twelve thousand dollars ($4,912,000) for the period
48 October first through December thirty-first, two thousand three as
49 medical assistance payments for services provided pursuant to this title
50 for persons eligible for federal financial participation under title XIX
51 of the federal social security act to reflect additional costs associ-
52 ated with the transition to a managed care environment. There shall be
53 no local share in these payments. The director of the budget shall allo-
54 cate the non-federal share of such payments from an appropriation for
55 the miscellaneous special revenue fund - 339 community service provider
56 assistance program account for the two thousand one--two thousand two
S. 1406--B 455 A. 2106--B
1 state fiscal year for adjustments for the period February first through
2 March thirty-first, two thousand two. Adjustments for the period October
3 first, two thousand two through December thirty-first, two thousand two
4 shall be within amounts appropriated for the two thousand two--two thou-
5 sand three state fiscal year and adjustments for the period October
6 first, two thousand three through December thirty-first, two thousand
7 three shall be within amounts appropriated for the two thousand three--
8 two thousand four state fiscal year. Such adjustments to fee for
9 service rates shall not be subject to subsequent adjustment or reconcil-
10 iation. Alternatively, such payments may be made as aggregate payments
11 to eligible providers.
12 § 48. Subparagraph (i) of paragraph (a-2) of subdivision 2 of section
13 364-j-2 of the social services law, as added by section 40 of part J of
14 chapter 82 of the laws of 2002, is amended to read as follows:
15 (i) Notwithstanding the provisions of paragraph (a) of this subdivi-
16 sion, for facilities licensed under article twenty-eight of the public
17 health law that are sponsored by a university or dental school which has
18 been granted an operating certificate pursuant to article twenty-eight
19 of the public health law and which provides dental services as its prin-
20 cipal mission, two hundred twenty-four thousand dollars ($224,000) in
21 the aggregate of the amount appropriated for the two thousand two--two
22 thousand three state fiscal year for use pursuant to this section shall
23 be allocated for the period October first through December thirty-first,
24 two thousand two and one hundred twelve thousand dollars ($112,000) in
25 the aggregate of the amount appropriated for the two thousand three--two
26 thousand four state fiscal year for use pursuant to this section shall
27 be allocated for the period October first through December thirty-first,
28 two thousand three for distribution to such facilities pursuant to
29 subparagraphs (ii) and (iii) of this paragraph.
30 § 49. Paragraph (a) of subdivision 5 of section 364-j-2 of the social
31 services law, as amended by section 41 of part J of chapter 82 of the
32 laws of 2002, is amended to read as follows:
33 (a) The commissioner of health shall make medical assistance payments
34 to qualified providers from funds made available pursuant to the
35 provisions of this section contingent upon the receipt of all federal
36 approvals necessary and subject to the availability of federal financial
37 participation under title XIX of the federal social security act for the
38 transitional supplemental payments. In the event such federal approval
39 is not received prior to March thirty-first, two thousand two, for
40 adjustments for the period February first, two thousand two through
41 March thirty-first, two thousand two and prior to October first, two
42 thousand two for adjustments for the period October first, two thousand
43 two through December thirty-first, two thousand two and prior to October
44 first, two thousand three for adjustments for the period October first,
45 two thousand three through December thirty-first, two thousand three,
46 the commissioner of health shall make medical assistance payments to
47 qualified providers consisting of the state share amount available for
48 purposes of this section and apportioned in accordance with subdivisions
49 two and three of this section. In the event such federal approval is
50 denied, such state share amount payments shall be deemed to be grants to
51 such qualified providers and such qualified providers shall not be
52 eligible to receive any other payments pursuant to this section.
53 § 50. Notwithstanding any inconsistent provision of law, rule or
54 regulation, the effectiveness of subdivisions 4, 7, 7-a and 7-b of
55 section 2807 of the public health law and section 18 of chapter 2 of the
56 laws of 1988, as they relate to time frames for notice, approval or
S. 1406--B 456 A. 2106--B
1 certification of rates of payment, and to the requirement of prior
2 notice of rates of payment, are hereby suspended and shall, for purposes
3 of implementing the provisions of this act, be deemed to have been with-
4 out any force or effect from and after November 1, 2002 for such rates
5 effective for the period January 1, 2003 through December 31, 2003.
6 § 51. The commissioner of health is authorized to promulgate or adopt
7 any rules or regulations necessary to implement the provisions of this
8 act and any procedures, forms, or instructions necessary for such imple-
9 mentation may be adopted and issued on or after the effective date of
10 this act.
11 § 52. If any clause, sentence, paragraph, section or part of this act
12 shall be adjudged by any court of competent jurisdiction to be invalid,
13 such judgment shall not affect, impair or invalidate the remainder ther-
14 eof, but shall be confined in its operation to the clause, sentence,
15 paragraph, section or part thereof directly involved in the controversy
16 in which such judgment shall have been rendered.
17 § 53. This act shall take effect immediately; provided, however, that:
18 1. sections one and seven through forty-eight of this act shall be
19 deemed to have been in full force and effect on and after April 1, 2003;
20 1-a. the amendments to subdivisions 9 and 6 of section 367-a of the
21 social services law made by sections two, three, four and five of this
22 act shall not affect the repeal of such subdivision and shall be deemed
23 repealed therewith;
24 2. the amendments to section 4 of chapter 81 of the laws of 1995 made
25 by section eighteen of this act shall not affect the repeal of such
26 section and shall be deemed repealed therewith;
27 3. the amendments to subparagraph (iii) of paragraph (f) of subdivi-
28 sion 4 of section 2807-c of the public health law made by section thir-
29 ty-one of this act shall not affect the expiration and repeal of such
30 paragraph and shall expire and be deemed repealed therewith;
31 4. the amendments to subparagraph (iii) of paragraph (k) of subdivi-
32 sion 4 of section 2807-c of the public health law made by section thir-
33 ty-two of this act shall not affect the expiration and repeal of such
34 paragraph and shall expire and be deemed repealed therewith;
35 5. the amendments to the opening paragraph of subparagraph (vi) of
36 paragraph (b) of subdivision 5 of section 2807-c of the public health
37 law made by section thirty-three of this act shall not affect the expi-
38 ration and repeal of such subparagraph and shall expire and be deemed
39 repealed therewith;
40 6. the amendments to the opening paragraph and subparagraph (i) of
41 paragraph (c) of subdivision 5 of section 2807-c of the public health
42 law made by section thirty-four of this act shall not affect the expira-
43 tion and repeal of such paragraph and shall expire and be deemed
44 repealed therewith;
45 7. the amendments to clause (B-1) of subparagraph (i) of paragraph (f)
46 of subdivision 11 of section 2807-c of the public health law made by
47 section thirty-five of this act shall survive the expiration of such
48 clause as provided by chapters 639 of the laws of 1996 and 1 of the laws
49 of 1999, as amended;
50 8. section two of this act shall take effect May 1, 2003; and
51 9. sections three, four, five and six of this act shall take effect
52 July 1, 2003.
53 PART A3
S. 1406--B 457 A. 2106--B
1 Section 1. Subdivision 5 of section 168 of chapter 639 of the laws of
2 1996, relating to the Health Care Reform Act of 1996, as amended by
3 chapter 419 of the laws of 2000, is amended to read as follows:
4 5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health
5 law, as amended or as added by this act, shall expire on [June 30, 2003]
6 July 1, 2005, and shall be thereafter effective only in respect to any
7 act done on or before such date or action or proceeding arising out of
8 such act including continued collections of funds from assessments and
9 allowances and surcharges established pursuant to sections 2807-c,
10 2807-j, 2807-s and 2807-t of the public health law, and administration
11 and distributions of funds from pools established pursuant to sections
12 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public
13 health law related to patient services provided before July 1, [2003]
14 2005, and continued expenditure of funds authorized for programs and
15 grants until the exhaustion of funds therefor;
16 § 2. Subdivision 1 of section 138 of chapter 1 of the laws of 1999,
17 relating to the New York Health Care Reform Act of 2000, as amended by
18 chapter 419 of the laws of 2000, is amended to read as follows:
19 1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health
20 law, as amended by this act, shall expire on [June 30, 2003] July 1,
21 2005, and thereafter effective only in respect to any act done before
22 such date or action or proceeding arising out of such act including
23 continued collections of funds from assessments and allowances and
24 surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and
25 2807-t of the public health law, and administration and distributions of
26 funds from pools established pursuant to sections 2807-c, 2807-j,
27 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
28 health law, as amended or added by this act, related to patient services
29 provided before July 1, [2003] 2005, and continued expenditure of funds
30 authorized for programs and grants until the exhaustion of funds there-
31 for;
32 § 3. Subdivision 2 of section 2807-j of the public health law, as
33 added by chapter 639 of the laws of 1996, paragraph (a) as amended by
34 chapter 1 of the laws of 1999, and the opening paragraph of paragraph
35 (b) and paragraph (d) as amended by section 16 of part C of chapter 63
36 of the laws of 2001, is amended to read as follows:
37 2. (a) The total percentage allowance for any period during the period
38 January first, nineteen hundred ninety-seven through December thirty-
39 first, nineteen hundred ninety-nine and on and after January first, two
40 thousand, for a designated provider of services applicable to a payor
41 shall be determined in accordance with this subdivision and applied to
42 net patient service revenues.
43 (b) The total percentage allowance for each payor, other than govern-
44 mental agencies, or health maintenance organizations for services
45 provided to subscribers eligible for medical assistance pursuant to
46 title eleven of article five of the social services law, or approved
47 organizations for services provided to subscribers eligible for the
48 family health plus program pursuant to title eleven-D of article five of
49 the social services law, and other than payments for a patient that has
50 no third-party coverage in whole or in part for services provided by a
51 designated provider of services, shall be:
52 (i) the sum of (A) eight and eighteen-hundredths percent, provided,
53 however, that for services provided on and after July first, two thou-
54 sand three, the percentage shall be eight and eighty-five hundredths
55 percent, plus (B) twenty-four percent, provided, however, that for
56 services provided on and after July first, two thousand three, the
S. 1406--B 458 A. 2106--B
1 percentage shall be twenty-five and ninety-seven hundredths percent, and
2 plus (C) for a specified third-party payor as defined in subdivision
3 one-a of section twenty-eight hundred seven-s of this article the
4 percentage allowance applicable for a general hospital for inpatient
5 hospital services pursuant to subdivision two of section twenty-eight
6 hundred seven-s of this article;
7 (ii) unless (A) an election in accordance with paragraph (a) of subdi-
8 vision five of this section to pay the allowance directly to the commis-
9 sioner or the commissioner's designee is in effect for a third-party
10 payor, and in addition (B) for a specified third-party payor an election
11 to pay the assessment in accordance with section twenty-eight hundred
12 seven-t of this article is in effect.
13 (c) If an election in accordance with subdivision five of this section
14 is in effect for a third-party payor and in addition in accordance with
15 section twenty-eight hundred seven-t of this article for a specified
16 third-party payor, the total percentage allowance factor shall be
17 reduced to eight and eighteen-hundredths percent, provided, however,
18 that for services provided on and after July first, two thousand three
19 the total percentage allowance factor shall be reduced to eight and
20 eighty-five hundredths percent.
21 (d) The total percentage allowance for payments by governmental agen-
22 cies, as determined in accordance with paragraphs (a) and (a-1) of
23 subdivision one of section twenty-eight hundred seven-c of [the public
24 health law] this article as in effect on December thirty-first, nineteen
25 hundred ninety-six, or health maintenance organizations for services
26 provided to subscribers eligible for medical assistance pursuant to
27 title eleven of article five of the social services law, or approved
28 organizations for services provided to subscribers eligible for the
29 family health plus program pursuant to title eleven-D of article five of
30 the social services law, shall be five and ninety-eight-hundredths
31 percent, provided, however, that for services provided on and after July
32 first, two thousand three the total percentage allowance shall be six
33 and forty-seven hundredths percent.
34 (e) The total percentage allowance for payments for services provided
35 by designated providers of services for which there is no third-party
36 coverage in whole or in part shall be eight and eighteen-hundredths
37 percent, provided, however, that for services provided on and after July
38 first, two thousand three the total percentage allowance shall be eight
39 and eighty-five hundredths percent. This paragraph shall not apply to
40 patient deductibles and coinsurance amounts.
41 (f) The total percentage allowance for patient deductibles and coinsu-
42 rance amounts shall be the same percentage allowance applicable to
43 payments by the primary third-party payor covering the patient in each
44 case determined in accordance with paragraphs (a), (b) and (c) of this
45 subdivision.
46 (g) The total percentage allowance for secondary third-party payors
47 under coordination of benefits principles shall be the same percentage
48 allowance applicable to payments by the primary third-party payor in the
49 case determined in accordance with paragraphs (a), (b) and (c) of this
50 subdivision.
51 § 4. The opening paragraph and paragraph (a) of subdivision 6 of
52 section 2807-s of the public health law, the opening paragraph as
53 amended by chapter 1 of the laws of 1999 and paragraph (a) as amended by
54 section 28 of part A of chapter 1 of the laws of 2002, are amended to
55 read as follows:
S. 1406--B 459 A. 2106--B
1 The amount allocated to each region for purposes of calculating the
2 regional allowance percentage pursuant to this section for each year
3 during the period January first, nineteen hundred ninety-seven through
4 December thirty-first, nineteen hundred ninety-nine and the regional
5 assessments pursuant to section twenty-eight hundred seven-t of this
6 article for each year during the period January first, nineteen hundred
7 ninety-seven through December thirty-first, nineteen hundred ninety-nine
8 and for each year on and after January first, two thousand, shall be the
9 sum of the factors computed in paragraphs (b), (d) and (f) of this
10 [section] subdivision as follows:
11 (a) (i) A gross annual statewide amount for nineteen hundred ninety-
12 seven shall be five hundred eighty-nine million dollars.
13 (ii) A gross annual statewide amount for nineteen hundred ninety-eight
14 shall be five hundred eighty-nine million dollars.
15 (iii) A gross annual statewide amount for nineteen hundred ninety-nine
16 shall be five hundred eighty-nine million dollars.
17 (iv) A gross annual statewide amount for two thousand shall be five
18 hundred eighty-nine million dollars.
19 (v) A gross annual statewide amount for two thousand one shall be five
20 hundred sixty-nine million dollars.
21 (vi) A gross annual statewide amount for two thousand two shall be
22 five hundred eighty-nine million dollars.
23 (vii) A gross annual statewide amount for [the period January first,
24 two thousand three through June thirtieth,] two thousand three shall be
25 [two hundred ninety-four million five hundred thousand] five hundred
26 eighty-nine million dollars.
27 (viii) A gross annual statewide amount for two thousand four shall be
28 six hundred twenty-four million dollars.
29 (ix) A gross annual statewide amount for the period January first, two
30 thousand five through June thirtieth, two thousand five shall be three
31 hundred twelve million dollars.
32 § 5. Paragraph (c) of subdivision 6 of section 2807-s of the public
33 health law, as amended by chapter 1 of the laws of 1999, is amended to
34 read as follows:
35 (c) (i) A further gross annual statewide amount for nineteen hundred
36 ninety-seven shall be sixty-four million dollars.
37 (ii) A further gross annual statewide amount for nineteen hundred
38 ninety-eight shall be sixty-four million dollars.
39 (iii) A further gross annual statewide amount for nineteen hundred
40 ninety-nine shall be eighty-nine million dollars.
41 (iv) A further gross annual statewide amount for two thousand, two
42 thousand one [and], two thousand two, two thousand three and two thou-
43 sand four, shall be eighty-nine million dollars.
44 (v) A further gross statewide amount for the period January first, two
45 thousand [three] five through June thirtieth, two thousand [three] five,
46 shall be forty-four million five hundred thousand dollars.
47 § 6. Paragraph (e) of subdivision 6 of section 2807-s of the public
48 health law, as amended by chapter 1 of the laws of 1999, is amended to
49 read as follows:
50 (e) (i) A further gross annual statewide amount shall be twelve
51 million dollars [annually] for [periods] each period prior to January
52 first, two thousand [three] five.
53 (ii) A further gross statewide amount for the period January first,
54 two thousand [three] five through June thirtieth, two thousand [three]
55 five shall be six million dollars.
S. 1406--B 460 A. 2106--B
1 § 7. Subdivision 3 and paragraphs (a) and (a-1) of subdivision 4 of
2 section 2807-k of the public health law, as amended by chapter 419 of
3 the laws of 2000, are amended to read as follows:
4 3. (a) Each major public general hospital shall be allocated for
5 distribution from the pools established pursuant to this section for
6 each year through December thirty-first, two thousand [two] four, an
7 amount equal to the amount allocated to such major public general hospi-
8 tal from the regional pool established pursuant to subdivision seventeen
9 of section twenty-eight hundred seven-c of this article for the period
10 January first, nineteen hundred ninety-six through December thirty-
11 first, nineteen hundred ninety-six.
12 (b) For the period January first, two thousand [three] five through
13 June thirtieth, two thousand [three] five, each major public general
14 hospital shall be allocated for distribution from the pools established
15 pursuant to this section for such period, an amount equal to one-half
16 the amount calculated pursuant to paragraph (a) of this subdivision.
17 (a) From funds in the pool for each year, thirty-six million dollars
18 shall be reserved on an annual basis through December thirty-first, two
19 thousand [two] four and eighteen million dollars shall be reserved for
20 the period January first, two thousand [three] five through June thirti-
21 eth, two thousand [three] five, for distribution as high need adjust-
22 ments in accordance with subdivision six of this section.
23 (a-1) From funds in the pool for each year, twenty-seven million
24 dollars shall be reserved on an annual basis for the periods January
25 first, two thousand through December thirty-first, two thousand [two]
26 four and thirteen million five hundred thousand dollars shall be
27 reserved for the period January first, two thousand [three] five through
28 June thirtieth, two thousand [three] five, for distribution in accord-
29 ance with subdivision sixteen of this section.
30 § 8. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
31 section 2807-j of the public health law, as added by chapter 1 of the
32 laws of 1999, are amended to read as follows:
33 (iv) seven hundred sixty-five million dollars annually of the funds
34 accumulated for the periods January first, two thousand through December
35 thirty-first, two thousand [two] four, and
36 (v) three hundred [eighty-three] eighty-two million five hundred thou-
37 sand dollars of the funds accumulated for the period January first, two
38 thousand [three] five through June thirtieth, two thousand [three] five,
39 and
40 § 9. Paragraph (c) of subdivision 1 of section 2807-w of the public
41 health law, as amended by chapter 419 of the laws of 2000, is amended to
42 read as follows:
43 (c) "Eligible rural hospital", as used in this section, shall mean a
44 general hospital that as of December thirty-first, nineteen hundred
45 ninety-nine or thereafter, was classified as a rural hospital for
46 purposes of determining payment for inpatient services provided to bene-
47 ficiaries of title XVIII of the federal social security act (medicare)
48 or under state regulations, or a general hospital, which during the same
49 time period, had a service area which has an average population of less
50 than one hundred seventy-five persons per square mile, or a general
51 hospital which has a service area which has an average population of
52 less than two hundred persons per square mile measured as population
53 density by zip code. The average population of the service area is
54 calculated by multiplying annual patient discharges by the population
55 density per square mile of the county of origin or zip code as applica-
56 ble for each patient discharge and dividing by total discharges. Annual
S. 1406--B 461 A. 2106--B
1 patient discharges shall be determined using discharge data for the
2 nineteen hundred ninety-seven rate year, as reported to the commissioner
3 by October first, nineteen hundred ninety-eight. Population density
4 shall be determined utilizing United States census bureau data for nine-
5 teen hundred ninety-seven. If an eligible rural hospital merges with
6 another general hospital, on or after December thirty-first, nineteen
7 hundred ninety-nine, and the merger results in separate facilities oper-
8 ating under a single facility operating certificate, such eligible rural
9 hospital shall continue to be a separate eligible rural hospital for
10 purposes of this subdivision until June thirtieth, two thousand three,
11 and payments provided in accordance with this section shall be made to
12 the merged entity; provided, however, that payments shall only be made
13 to the merged entity if such separate eligible rural hospital continues
14 to provide inpatient and/or outpatient hospital services at the same
15 location at which it operated prior to the merger. If an eligible rural
16 hospital merges with another general hospital on or after December thir-
17 ty-first, nineteen hundred ninety-nine, and the merger results in such
18 rural hospital continuing to operate under a separate facility operating
19 certificate, such rural hospital will continue to be an eligible rural
20 hospital after the merger; provided, however, that payments shall only
21 be made to such rural hospital if such eligible rural hospital continues
22 to provide inpatient and/or outpatient hospital services at the same
23 location at which it is operated prior to the merger.
24 § 10. The opening paragraph, paragraph (a) of subdivision 1, and
25 subdivision 2 of section 2807-w of the public health law, as amended by
26 chapter 419 of the laws of 2000, are amended to read as follows:
27 Funds allocated pursuant to paragraph (p) of subdivision one of
28 section twenty-eight hundred seven-v of this article, shall be deposited
29 as authorized and used for the purpose of making medicaid dispropor-
30 tionate share payments within the limits established on an annualized
31 basis pursuant to subdivision twenty-one of section twenty-eight hundred
32 seven-c of this article, for the period January first, two thousand
33 through June thirtieth, two thousand [three] five, in accordance with
34 the following:
35 (a) Each eligible rural hospital shall receive one hundred four thou-
36 sand dollars on an annualized basis for the periods January first, two
37 thousand through December thirty-first, two thousand [two] four and
38 seventy thousand dollars for the period January first, two thousand
39 [three] five through June thirtieth, two thousand [three] five, provided
40 as a disproportionate share payment; provided, however, that if such
41 payment pursuant to this paragraph exceeds a hospital's applicable
42 disproportionate share limit, then the total amount in excess of such
43 limit shall be provided as a nondisproportionate share payment in the
44 form of a grant directly from this pool without allocation to the
45 special revenue funds - other, indigent care fund - 068;
46 2. From the funds in the pool each year, thirty-six million dollars on
47 an annualized basis for the periods January first, two thousand through
48 December thirty-first, two thousand [two] four and eighteen million
49 dollars for the period January first, two thousand [three] five through
50 June thirtieth, two thousand [three] five, of the funds not distributed
51 in accordance with subdivision one of this section, shall be distributed
52 in accordance with the formula set forth in subdivision six of section
53 twenty-eight hundred seven-k of this article.
54 § 11. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 7 of
55 section 2807-s of the public health law, as added by chapter 1 of the
S. 1406--B 462 A. 2106--B
1 laws of 1999, are amended and a new subparagraph (vi) is added to read
2 as follows:
3 (iv) four hundred ninety-four million dollars on an annual basis for
4 the periods January first, two thousand through December thirty-first,
5 two thousand [two] four,
6 (v) two hundred forty-seven million dollars for the period January
7 first, two thousand [three] five through June thirtieth, two thousand
8 [three; and] five,
9 (vi) provided, however, amounts set forth in this paragraph may be
10 reduced by the commissioner in an amount to be approved by the director
11 of the budget to reflect the amount received from the federal government
12 under the state's 1115 waiver which is directed under its terms and
13 conditions to the graduate medical education program established pursu-
14 ant to section twenty-eight hundred seven-m of this article; and
15 § 12. Subparagraphs (i) and (iii) of paragraph (d) of subdivision 3 of
16 section 2807-m of the public health law, as amended by chapter 419 of
17 the laws of 2000, are amended to read as follows:
18 (i) the commissioner shall establish a reduction percentage by divid-
19 ing twenty-seven million dollars each year for the period January first,
20 two thousand through December thirty-first, two thousand [two] four and
21 thirteen million five hundred thousand dollars for the period January
22 first, two thousand [three] five through June thirtieth, two thousand
23 [three] five, by the sum of initial hospital distribution amounts calcu-
24 lated pursuant to paragraph (c) of this subdivision;
25 (iii) each teaching general hospital shall have its initial distrib-
26 ution amount as determined pursuant to paragraph (c) of this subdivision
27 reduced by an amount up to the amount calculated pursuant to subpara-
28 graph (ii) of this paragraph and subject to the requirements of subpara-
29 graph (iv) of this paragraph, provided, however, that if the sum of
30 reduction amounts for all facilities thus calculated is less than twen-
31 ty-seven million dollars on a statewide basis each year for the period
32 January first, two thousand through December thirty-first, two thousand
33 [two] four and thirteen million five hundred thousand dollars for the
34 period January first, two thousand [three] five through June thirtieth,
35 two thousand [three] five, the commissioner may increase the reduction
36 percentage subject to the provisions of subparagraph (iv) of this para-
37 graph so that the sum of the reduction amounts for all facilities is
38 twenty-seven million dollars each year for the period January first, two
39 thousand through December thirty-first, two thousand [two] four and
40 thirteen million five hundred thousand dollars for the period January
41 first, two thousand [three] five through June thirtieth, two thousand
42 [three] five.
43 § 13. Paragraph (a) of subdivision 5 of section 2807-m of the public
44 health law, as amended by chapter 1 of the laws of 1999, is amended to
45 read as follows:
46 (a) Up to thirty-one million dollars annually for the periods January
47 first, two thousand through December thirty-first, two thousand [two]
48 four, and up to fifteen million five hundred thousand dollars for the
49 period January first, two thousand [three] five through June thirtieth,
50 two thousand [three] five, shall be set aside and reserved by the
51 commissioner annually from the regional pools established pursuant to
52 subdivision two of this section for supplemental distributions in each
53 such region to be made by the commissioner to consortia and teaching
54 general hospitals in accordance with a distribution methodology devel-
55 oped in consultation with the council and specified in rules and regu-
56 lations adopted by the commissioner.
S. 1406--B 463 A. 2106--B
1 § 14. Subdivision 7 of section 2807-m of the public health law, as
2 added by chapter 1 of the laws of 1999, is amended to read as follows:
3 7. Notwithstanding any inconsistent provision of section one hundred
4 twelve or one hundred sixty-three of the state finance law or any other
5 law, up to one million dollars for the period January first, two thou-
6 sand through December thirty-first, two thousand, up to one million six
7 hundred thousand dollars annually for the periods January first, two
8 thousand one through December thirty-first, two thousand [two] four, and
9 up to eight hundred thousand dollars for the period January first, two
10 thousand [three] five through June thirtieth, two thousand [three] five
11 shall be set aside and reserved by the commissioner from the regional
12 pools established pursuant to subdivision two of this section for
13 distributions to the New York state area health education center program
14 for the purpose of expanding community-based training of medical
15 students. The New York state area health education center program shall
16 report to the commissioner on an annual basis regarding the use of funds
17 for such purpose in such form and manner as specified by the commission-
18 er.
19 § 15. Paragraph (c) of subdivision 2 of section 2807-s of the public
20 health law, as added by chapter 1 of the laws of 1999, is amended to
21 read as follows:
22 (c) (i) The regional percentage allowance for the periods [on and
23 after] January first, two thousand through June thirtieth, two thousand
24 three, for all general hospitals in the region applicable to specified
25 third-party payors, and applicable to related patient coinsurance and
26 deductible amounts, shall be the same regional percentage allowance
27 calculated pursuant to paragraph (b) of this subdivision for the period
28 January first, nineteen hundred ninety-nine through December thirty-
29 first, nineteen hundred ninety-nine.
30 (ii) The regional percentage allowance for the periods July first, two
31 thousand three through June thirtieth, two thousand five, for all gener-
32 al hospitals in the region applicable to specified third-party payors,
33 and applicable to related patient coinsurance and deductible amounts,
34 shall be the same regional percentage allowance calculated pursuant to
35 paragraph (b) of this subdivision for the period January first, nineteen
36 hundred ninety-nine through December thirty-first, nineteen hundred
37 ninety-nine multiplied by one hundred eight and nineteen hundredths
38 percent.
39 § 16. Section 2807-1 of the public health law, as amended by chapter
40 1 of the laws of 1999, clauses (D), (E), (F), and (G) of subparagraph
41 (i) and subparagraph (ii) of paragraph (b), the opening paragraph of
42 paragraph (c), subparagraph (v) of paragraph (i), subparagraph (v) of
43 paragraph (k), and the opening paragraph of paragraph (m) of subdivision
44 1, subdivision 2, and subdivision 3 as amended by chapter 419 of the
45 laws of 2000, paragraph (f) of subdivision 1 as amended by section 6 of
46 part A of chapter 57 of the laws of 2000, is amended to read as follows:
47 § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
48 lated in the health care initiatives pools pursuant to paragraph (b) of
49 subdivision nine of section twenty-eight hundred seven-j of this arti-
50 cle, including income from invested funds, shall be distributed or
51 retained by the commissioner in accordance with the following.
52 (a) Funds shall be reserved and accumulated from year to year by the
53 commissioner and shall be available, including income from invested
54 funds, for purposes of distributions to programs to provide health care
55 coverage for uninsured or underinsured children pursuant to sections
56 twenty-five hundred ten and twenty-five hundred eleven of this chapter
S. 1406--B 464 A. 2106--B
1 from the respective health care initiatives pools established for the
2 following periods in the following amounts:
3 (i) from the pool for the period January first, nineteen hundred nine-
4 ty-seven through December thirty-first, nineteen hundred ninety-seven,
5 up to one hundred twenty million six hundred thousand dollars;
6 (ii) from the pool for the period January first, nineteen hundred
7 ninety-eight through December thirty-first, nineteen hundred ninety-
8 eight, up to one hundred sixty-four million five hundred thousand
9 dollars;
10 (iii) from the pool for the period January first, nineteen hundred
11 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
12 up to one hundred eighty-one million dollars;
13 (iv) from the pool for the period January first, two thousand through
14 December thirty-first, two thousand, two hundred seven million dollars;
15 (v) from the pool for the period January first, two thousand one
16 through December thirty-first, two thousand one, two hundred thirty-five
17 million dollars;
18 (vi) from the pool for the period January first, two thousand two
19 through December thirty-first, two thousand two, three hundred twenty-
20 four million dollars;
21 (vii) from the pool for the period January first, two thousand three
22 through [June thirtieth] December thirty-first, two thousand three, [one
23 hundred seventy-four million] up to four hundred fifty million three
24 hundred thousand dollars; [and]
25 (viii) from the pool for the period January first, two thousand four
26 through December thirty-first, two thousand four, up to four hundred
27 sixty million nine hundred thousand dollars;
28 (ix) from the pool for the period January first, two thousand five
29 through June thirtieth, two thousand five, up to two hundred forty-one
30 million nine hundred thousand dollars; and
31 (x) If funds allocated pursuant to this paragraph are insufficient to
32 cover the costs required to meet the state's obligations established in
33 [section] sections twenty-five hundred ten and twenty-five hundred elev-
34 en of this chapter, the commissioner shall transfer and deposit funds
35 accumulated pursuant to section twenty-eight hundred seven-v of this
36 article into the special revenue fund-other, miscellaneous special
37 revenue fund-339, child health insurance account, such amounts necessary
38 to fully fund such obligations.
39 (b) Funds shall be reserved and accumulated from year to year by the
40 commissioner and shall be available, including income from invested
41 funds, for purposes of distributions for health insurance programs under
42 the New York state small business health insurance partnership program
43 established pursuant to article nine-A of this chapter, a voucher insur-
44 ance program established pursuant to section eleven hundred twenty-one
45 of the insurance law, individual subsidy programs established pursuant
46 to the expanded health care coverage act of nineteen hundred eighty-
47 eight as amended, and the catastrophic health care expense program
48 established pursuant to title eleven-A of article five of the social
49 services law and for evaluation of such programs from the respective
50 health care initiatives pools established for the following periods in
51 the following amounts:
52 (i) (A) from the pool for the period January first, nineteen hundred
53 ninety-seven through December thirty-first, nineteen hundred ninety-sev-
54 en, up to twenty-four million dollars;
S. 1406--B 465 A. 2106--B
1 (B) from the pool for the period January first, nineteen hundred nine-
2 ty-eight through December thirty-first, nineteen hundred ninety-eight,
3 up to twenty-four million dollars;
4 (C) from the pool for the period January first, nineteen hundred nine-
5 ty-nine through December thirty-first, nineteen hundred ninety-nine, up
6 to twenty-four million dollars;
7 (D) from the pool for the period January first, two thousand through
8 December thirty-first, two thousand, up to seventeen million dollars;
9 (E) from the pool for the period January first, two thousand one
10 through December thirty-first, two thousand one, up to fourteen million
11 [five] two hundred thousand dollars;
12 (F) from the pool for the period January first, two thousand two
13 through December thirty-first, two thousand two, up to [twelve million]
14 eleven million three hundred thousand dollars; and
15 (G) from the pool for the period January first, two thousand three
16 through June thirtieth, two thousand three, up to [four] one million
17 five hundred thousand dollars.
18 (ii) provided however, that from such funds allocated pursuant to
19 subparagraph (i) of this paragraph:
20 (A) an amount not to exceed six million dollars on an annualized basis
21 for the periods during the period January first, nineteen hundred nine-
22 ty-seven through December thirty-first, nineteen hundred ninety-nine; up
23 to six million dollars for the period January first, two thousand
24 through December thirty-first, two thousand; up to five million dollars
25 for the period January first, two thousand one through December thirty-
26 first, two thousand one; up to four million dollars for the period Janu-
27 ary first, two thousand two through December thirty-first, two thousand
28 two; and up to [one million] five hundred thousand dollars for the peri-
29 od January first, two thousand three through June thirtieth, two thou-
30 sand three shall be allocated to the health insurance programs under the
31 New York state small business health insurance partnership program
32 established pursuant to article nine-A of this chapter;
33 (B) an amount not to exceed five million dollars on an annualized
34 basis for the periods January first, nineteen hundred ninety-seven
35 through December thirty-first, nineteen hundred ninety-nine and up to
36 one million dollars for the period January first, two thousand through
37 December thirty-first, two thousand and up to [five] two hundred thou-
38 sand dollars for the period January first, two thousand one through
39 December thirty-first, two thousand one shall be allocated to the vouch-
40 er insurance program;
41 (C) an amount not to exceed six million dollars on an annualized basis
42 for the periods January first, nineteen hundred ninety-seven through
43 December thirty-first, nineteen hundred ninety-nine; up to six million
44 dollars for the period January first, two thousand through December
45 thirty-first, two thousand; up to five million dollars for the period
46 January first, two thousand one through December thirty-first, two thou-
47 sand one; up to four million dollars for the period January first, two
48 thousand two through December thirty-first, two thousand two; and up to
49 [one] two million six hundred thousand dollars for the period January
50 first, two thousand three through [June thirtieth] December
51 thirty-first, two thousand three; up to two million six hundred thousand
52 dollars for the period January first, two thousand four through December
53 thirty-first, two thousand four; and up to one million three hundred
54 thousand dollars for the period January first, two thousand five through
55 June thirtieth, two thousand five shall be allocated to individual
56 subsidy programs; and
S. 1406--B 466 A. 2106--B
1 (D) an amount not to exceed seven million dollars on an annualized
2 basis for the periods during the period January first, nineteen hundred
3 ninety-seven through December thirty-first, nineteen hundred ninety-nine
4 and four million dollars annually for the periods January first, two
5 thousand through December thirty-first, two thousand two, and [two] four
6 million dollars for the period January first, two thousand three through
7 [June thirtieth] December thirty-first, two thousand three, and four
8 million dollars for the period January first, two thousand four through
9 December thirty-first, two thousand four, and two million dollars for
10 the period January first, two thousand five through June thirtieth, two
11 thousand five shall be allocated to the catastrophic health care expense
12 program.
13 (iii) Notwithstanding any law to the contrary, the characterizations
14 of the New York state small business health insurance partnership
15 program, voucher program, individual subsidy program and catastrophic
16 health care expense program, may, for the purposes of identifying match-
17 ing funds for the community health care conversion demonstration project
18 described in a waiver of the provisions of title XIX of the federal
19 social security act granted to the state of New York and dated July
20 fifteenth, nineteen hundred ninety-seven, may continue to be used to
21 characterize the insurance programs in sections four thousand three
22 hundred twenty-one-a, four thousand three hundred twenty-two-a, four
23 thousand three hundred twenty-six and four thousand three hundred twen-
24 ty-seven of the insurance law, which are successor programs to these
25 programs.
26 (c) Up to seventy-eight million dollars shall be reserved and accumu-
27 lated from year to year by the commissioner from the pool for the period
28 January first, nineteen hundred ninety-seven through December thirty-
29 first, nineteen hundred ninety-seven, for purposes of public health
30 programs, up to seventy-six million dollars shall be reserved and accu-
31 mulated from year to year by the commissioner from the pools for the
32 periods January first, nineteen hundred ninety-eight through December
33 thirty-first, nineteen hundred ninety-eight and January first, nineteen
34 hundred ninety-nine through December thirty-first, nineteen hundred
35 ninety-nine, up to eighty-four million dollars shall be reserved and
36 accumulated from year to year by the commissioner from the pools for the
37 period January first, two thousand through December thirty-first, two
38 thousand, up to eighty-five million dollars shall be reserved and accu-
39 mulated from year to year by the commissioner from the pools for the
40 period January first, two thousand one through December thirty-first,
41 two thousand one, up to eighty-six million dollars shall be reserved and
42 accumulated from year to year by the commissioner from the pools for the
43 period January first, two thousand two through December thirty-first,
44 two thousand two, [and] up to [forty-four million] eighty-three million
45 eight hundred thousand dollars shall be reserved and accumulated from
46 year to year by the commissioner from the pools for the period January
47 first, two thousand three through [June thirtieth] December
48 thirty-first, two thousand three, up to eighty-three million eight
49 hundred thousand dollars shall be reserved and accumulated from year to
50 year by the commissioner from the pools for the period January first,
51 two thousand four through December thirty-first, two thousand four, and
52 up to forty-three million dollars shall be reserved and accumulated from
53 year to year by the commissioner from the pools for the period January
54 first, two thousand five through June thirtieth, two thousand five, and
55 shall be available, including income from invested funds, for:
S. 1406--B 467 A. 2106--B
1 (i) deposit by the commissioner, within amounts appropriated, and the
2 state comptroller is hereby authorized and directed to receive for
3 deposit to, to the credit of the department of health's special revenue
4 fund - other, hospital based grants program account, for purposes of
5 services and expenses related to general hospital based grant programs,
6 up to twenty-two million dollars annually from the nineteen hundred
7 ninety-seven pool, nineteen hundred ninety-eight pool, nineteen hundred
8 ninety-nine pool, two thousand pool, two thousand one pool and two thou-
9 sand two pool, respectively, [and] up to [eleven] twenty-two million
10 dollars from the two thousand three pool, up to twenty-two million
11 dollars for the period January first, two thousand four through December
12 thirty-first, two thousand four, and up to eleven million dollars for
13 the period January first, two thousand five through June thirtieth, two
14 thousand five;
15 (ii) deposit by the commissioner, within amounts appropriated, and the
16 state comptroller is hereby authorized and directed to receive for
17 deposit to, to the credit of the emergency medical services training
18 account established [for purposes of] in section ninety-seven-q of the
19 state finance law, up to sixteen million dollars on an annualized basis
20 for the periods January first, nineteen hundred ninety-seven through
21 December thirty-first, nineteen hundred ninety-nine, up to twenty
22 million dollars for the period January first, two thousand through
23 December thirty-first, two thousand, up to twenty-one million dollars
24 for the period January first, two thousand one through December thirty-
25 first, two thousand one, up to twenty-two million dollars for the period
26 January first, two thousand two through December thirty-first, two thou-
27 sand two, [and] up to [twelve million] twenty-two million five hundred
28 fifty thousand dollars for the period January first, two thousand three
29 through [June thirtieth] December thirty-first, two thousand three, up
30 to twenty-two million five hundred fifty thousand dollars for the period
31 January first, two thousand four through December thirty-first, two
32 thousand four, and up to twelve million one hundred twenty-five thousand
33 dollars for the period January first, two thousand five through June
34 thirtieth, two thousand five;
35 (iii) priority distributions by the commissioner up to thirty-two
36 million dollars on an annualized basis to be allocated (A) for the
37 purposes established pursuant to subparagraph (ii) of paragraph (f) of
38 subdivision nineteen of section twenty-eight hundred seven-c of this
39 article as in effect on December thirty-first, nineteen hundred ninety-
40 six and as may thereafter be amended, up to fifteen million dollars
41 annually for the periods January first, two thousand through December
42 thirty-first, two thousand [two] four, and up to seven million five
43 hundred thousand dollars for the period January first, two thousand
44 [three] five through June thirtieth, two thousand [three] five; and
45 (B) pursuant to a memorandum of understanding entered into by the
46 commissioner, the majority leader of the senate and the speaker of the
47 assembly, for the purposes outlined in such memorandum upon the recom-
48 mendation of the majority leader of the senate, up to eight million
49 five hundred thousand dollars annually for the period January first, two
50 thousand through December thirty-first, two thousand [two] four, and up
51 to four million two hundred fifty thousand dollars for the period Janu-
52 ary first, two thousand [three] five through June thirtieth, two thou-
53 sand [three] five, and for the purposes outlined in such memorandum upon
54 the recommendation of the speaker of the assembly, up to eight million
55 five hundred thousand dollars annually for the periods January first,
56 two thousand through December thirty-first, two thousand [two] four, and
S. 1406--B 468 A. 2106--B
1 up to four million two hundred fifty thousand dollars for the period
2 January first, two thousand [three] five through June thirtieth, two
3 thousand [three] five;
4 (iv) distributions by the commissioner related to poison control
5 centers pursuant to subdivision seven of section twenty-five hundred-d
6 of this chapter, up to five million dollars for the period January
7 first, nineteen hundred ninety-seven through December thirty-first,
8 nineteen hundred ninety-seven, up to three million dollars on an annual-
9 ized basis for the periods during the period January first, nineteen
10 hundred ninety-eight through December thirty-first, nineteen hundred
11 ninety-nine, up to five million dollars annually for the periods January
12 first, two thousand through December thirty-first, two thousand two,
13 [and] up to [two million five hundred thousand] four million six hundred
14 thousand dollars annually for the [period] periods January first, two
15 thousand three through [June thirtieth, two thousand three] December
16 thirty-first, two thousand four, and up to two million five hundred
17 fifty thousand dollars for the period January first, two thousand five
18 through June thirtieth, two thousand five; and
19 (v) deposit by the commissioner, within amounts appropriated, and the
20 state comptroller is hereby authorized and directed to receive for
21 deposit to, to the credit of the department of health's special revenue
22 fund - other, miscellaneous special revenue fund - 339 maternal and
23 child HIV services account, for purposes of a special program for HIV
24 services for infants and pregnant women pursuant to section seventy-one
25 of chapter seven hundred thirty-one of the laws of nineteen hundred
26 ninety-three, amending the public health law and other laws relating to
27 reimbursement, delivery and capital costs of ambulatory health care
28 services and inpatient hospital services, up to five million dollars
29 annually for the periods January first, two thousand through December
30 thirty-first, two thousand two, [and] up to [two million five hundred
31 thousand] five million dollars for the period January first, two thou-
32 sand three through [June thirtieth] December thirty-first, two thousand
33 three, up to five million dollars for the period January first, two
34 thousand four through December thirty-first, two thousand four, and up
35 to two million five hundred thousand dollars for the period January
36 first, two thousand five through June thirtieth, two thousand five, plus
37 such amounts as may be available from prior year pool reserves.
38 (d) (i) An amount of up to twenty million dollars annually for the
39 period January first, two thousand through December thirty-first, two
40 thousand [two] four, and up to ten million dollars for the period Janu-
41 ary first, two thousand [three] five through June thirtieth, two thou-
42 sand [three] five, shall be transferred by the commissioner to the
43 health facility restructuring pool established pursuant to section twen-
44 ty-eight hundred fifteen of this article;
45 (ii) provided, however, amounts transferred pursuant to subparagraph
46 (i) of this paragraph may be reduced by the commissioner in an amount to
47 be approved by the director of the budget to reflect the amount received
48 from the federal government under the state's 1115 waiver which is
49 directed under its terms and conditions to the health facility restruc-
50 turing program.
51 (e) Funds shall be reserved and accumulated from year to year by the
52 commissioner and shall be available, including income from invested
53 funds, for purposes of distributions to organizations to support the
54 health workforce retraining program established pursuant to section
55 twenty-eight hundred seven-g of this article from the respective health
56 care initiatives pools established for the following periods in the
S. 1406--B 469 A. 2106--B
1 following amounts from the pools during the period January first, nine-
2 teen hundred ninety-seven through December thirty-first, nineteen
3 hundred ninety-nine, up to fifty million dollars on an annualized basis,
4 up to thirty million dollars for the period January first, two thousand
5 through December thirty-first, two thousand, up to forty million dollars
6 for the period January first, two thousand one through December thirty-
7 first, two thousand one, up to fifty million dollars for the period
8 January first, two thousand two through December thirty-first, two thou-
9 sand two, [and] up to [thirty million] forty-one million one hundred
10 fifty thousand dollars for the period January first, two thousand three
11 through [June thirtieth] December thirty-first, two thousand three, up
12 to forty-one million one hundred fifty thousand dollars for the period
13 January first, two thousand four through December thirty-first, two
14 thousand four, and up to twenty-nine million one hundred eighty thousand
15 dollars for the period January first, two thousand five through June
16 thirtieth, two thousand five, less the amount of funds available for
17 allocations for rate adjustments for workforce training programs for
18 payments by state governmental agencies for inpatient hospital services.
19 (f) Funds shall be accumulated and transferred from as follows:
20 (i) from the pool for the period January first, nineteen hundred nine-
21 ty-seven through December thirty-first, nineteen hundred ninety-seven,
22 (A) thirty-four million six hundred thousand dollars shall be trans-
23 ferred to funds reserved and accumulated pursuant to paragraph (b) of
24 subdivision nineteen of section twenty-eight hundred seven-c of this
25 article, and (B) eighty-two million dollars shall be transferred and
26 deposited and credited to the credit of the state general fund medical
27 assistance local assistance account;
28 (ii) from the pool for the period January first, nineteen hundred
29 ninety-eight through December thirty-first, nineteen hundred ninety-
30 eight, eighty-two million dollars shall be transferred and deposited and
31 credited to the credit of the state general fund medical assistance
32 local assistance account;
33 (iii) from the pool for the period January first, nineteen hundred
34 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
35 eighty-two million dollars shall be transferred and deposited and cred-
36 ited to the credit of the state general fund medical assistance local
37 assistance account; [and]
38 (iv) from the pool for the period January first, two thousand through
39 December thirty-first, two thousand [two] four, eighty-two million
40 dollars annually, and for the period January first, two thousand [three]
41 five through June thirtieth, two thousand [three] five, forty-one
42 million dollars shall be deposited by the commissioner, and the state
43 comptroller is hereby authorized and directed to receive for deposit to
44 the credit of the state special revenue fund - other, HCRA transfer
45 fund, medical assistance account.
46 (g) Funds shall be transferred by the commissioner to primary health
47 care services pools created by the commissioner, and shall be available,
48 including income from invested funds, for distributions in accordance
49 with section twenty-eight hundred seven-bb of this article from the
50 respective health care initiatives pools for the following periods in
51 the following percentage amounts of funds remaining after allocations in
52 accordance with paragraphs (a) through (f) of this subdivision:
53 (i) from the pool for the period January first, nineteen hundred nine-
54 ty-seven through December thirty-first, nineteen hundred ninety-seven,
55 fifteen and [eighty-seven-hundreths] eighty-seven-hundredths percent;
S. 1406--B 470 A. 2106--B
1 (ii) from the pool for the period January first, nineteen hundred
2 ninety-eight through December thirty-first, nineteen hundred ninety-
3 eight, fifteen and eighty-seven-hundredths percent; and
4 (iii) from the pool for the period January first, nineteen hundred
5 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
6 sixteen and [thirteen-hundreths] thirteen-hundredths percent.
7 (h) Funds shall be reserved and accumulated from year to year by the
8 commissioner and shall be available, including income from invested
9 funds, for purposes of primary care education and training pursuant to
10 article nine of this chapter from the respective health care initiatives
11 pools established for the following periods in the following percentage
12 amounts of funds remaining after allocations in accordance with para-
13 graphs (a) through (f) of this subdivision and shall be available for
14 distributions as follows:
15 (i) funds shall be reserved and accumulated:
16 (A) from the pool for the period January first, nineteen hundred nine-
17 ty-seven through December thirty-first, nineteen hundred ninety-seven,
18 six and [thirty-five-hundreths] thirty-five-hundredths percent;
19 (B) from the pool for the period January first, nineteen hundred nine-
20 ty-eight through December thirty-first, nineteen hundred ninety-eight,
21 six and thirty-five-hundredths percent; and
22 (C) from the pool for the period January first, nineteen hundred nine-
23 ty-nine through December thirty-first, nineteen hundred ninety-nine, six
24 and forty-five-hundredths percent;
25 (ii) funds shall be available for distributions including income from
26 invested funds as follows:
27 (A) for purposes of the primary care physician loan repayment program
28 in accordance with section nine hundred three of this chapter, up to
29 five million dollars on an annualized basis;
30 (B) for purposes of the primary care practitioner scholarship program
31 in accordance with section nine hundred four of this chapter, up to two
32 million dollars on an annualized basis; [and]
33 (C) for purposes of minority participation in medical education grants
34 in accordance with section nine hundred six of this chapter, up to one
35 million dollars on an annualized basis; and
36 (D) provided, however, that the commissioner may reallocate any funds
37 remaining or unallocated for distributions for the primary care practi-
38 tioner scholarship program in accordance with section nine hundred four
39 of this chapter.
40 (i) Funds shall be reserved and accumulated from year to year by the
41 commissioner and shall be available, including income from invested
42 funds, for distributions in accordance with section twenty-nine hundred
43 fifty-two and section twenty-nine hundred fifty-eight of this chapter
44 for rural health care delivery development and rural health care access
45 development, respectively, from the respective health care initiatives
46 pools for the following periods in the following percentage amounts of
47 funds remaining after allocations in accordance with paragraphs (a)
48 through (f) of this subdivision, and for periods on and after January
49 first, two thousand, in the following amounts:
50 (i) from the pool for the period January first, nineteen hundred nine-
51 ty-seven through December thirty-first, nineteen hundred ninety-seven,
52 thirteen and forty-nine-hundredths percent;
53 (ii) from the pool for the period January first, nineteen hundred
54 ninety-eight through December thirty-first, nineteen hundred ninety-
55 eight, thirteen and forty-nine-hundredths percent;
S. 1406--B 471 A. 2106--B
1 (iii) from the pool for the period January first, nineteen hundred
2 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
3 thirteen and seventy-one-hundredths percent;
4 (iv) from the pool for the periods January first, two thousand through
5 December thirty-first, two thousand two, seventeen million dollars annu-
6 ally, and for the period January first, two thousand three through [June
7 thirtieth] December thirty-first, two thousand three, [eight million
8 five hundred thousand] up to fifteen million eight hundred fifty thou-
9 sand dollars; [and]
10 (v) from the pool for the period January first, two thousand four
11 through December thirty-first, two thousand four, up to fifteen million
12 eight hundred fifty thousand dollars, and for the period January first,
13 two thousand five through June thirtieth, two thousand five, up to eight
14 million five hundred seventy-five thousand dollars; and
15 (vi) if funds accumulated for distributions pursuant to sections twen-
16 ty-nine hundred fifty-two and twenty-nine hundred fifty-eight of this
17 chapter are insufficient to meet the funding amounts established pursu-
18 ant to [subparagraph] subparagraphs (iv) and (v) of this paragraph, the
19 commissioner is authorized to transfer funds accumulated pursuant to
20 section twenty-eight hundred seven-v of this article to the health care
21 initiatives pool to fully fund the amounts specified in subparagraph
22 (iv) of this paragraph; provided however, the provisions of this subpar-
23 agraph shall only be effective contingent upon meeting all funding
24 amounts established pursuant to paragraphs (a), (b), (c), (d), (e), (f),
25 (l), (m), (n), (q) and (r) of subdivision one of section twenty-eight
26 hundred seven-v of this article, and paragraph (a) of this subdivision.
27 (j) Funds shall be reserved and accumulated from year to year and
28 shall be available, including income from invested funds, for purposes
29 of distributions related to health information and health care quality
30 improvement pursuant to section twenty-eight hundred seven-n of this
31 article from the respective health care initiatives pools established
32 for the following periods in the following percentage amounts of funds
33 remaining after allocations in accordance with paragraphs (a) through
34 (f) of this subdivision:
35 (i) from the pool for the period January first, nineteen hundred nine-
36 ty-seven through December thirty-first, nineteen hundred ninety-seven,
37 six and thirty-five-hundredths percent;
38 (ii) from the pool for the period January first, nineteen hundred
39 ninety-eight through December thirty-first, nineteen hundred ninety-
40 eight, six and thirty-five-hundredths percent; and
41 (iii) from the pool for the period January first, nineteen hundred
42 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
43 six and forty-five-hundredths percent.
44 (k) Funds shall be reserved and accumulated from year to year and
45 shall be available, including income from invested funds, for allo-
46 cations and distributions in accordance with section twenty-eight
47 hundred seven-p of this article for diagnostic and treatment center
48 uncompensated care from the respective health care initiatives pools for
49 the following periods in the following percentage amounts of funds
50 remaining after allocations in accordance with paragraphs (a) through
51 (f) of this subdivision, and for periods on and after January first, two
52 thousand, in the following amounts:
53 (i) from the pool for the period January first, nineteen hundred nine-
54 ty-seven through December thirty-first, nineteen hundred ninety-seven,
55 thirty-eight and [one-tenths] one-tenth percent;
S. 1406--B 472 A. 2106--B
1 (ii) from the pool for the period January first, nineteen hundred
2 ninety-eight through December thirty-first, nineteen hundred ninety-
3 eight, thirty-eight and [one-tenths] one-tenth percent;
4 (iii) from the pool for the period January first, nineteen hundred
5 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
6 thirty-eight and seventy-one-hundredths percent;
7 (iv) from the pool for the periods January first, two thousand through
8 December thirty-first, two thousand two, forty-eight million dollars
9 annually, and for the period January first, two thousand three through
10 June thirtieth, two thousand three, twenty-four million dollars; [and]
11 (v) from the pool for the period July first, two thousand three
12 through December thirty-first, two thousand three, up to six million
13 dollars, for the period January first, two thousand four through Decem-
14 ber thirty-first, two thousand four, up to twelve million dollars, and
15 for the period January first, two thousand five through June thirtieth,
16 two thousand five, up to six million dollars; provided that if federal
17 financial participation is not available for rate adjustments made
18 pursuant to section twenty-eight hundred seven-p of this article then
19 the foregoing amounts shall be increased to the following: for the peri-
20 od July first, two thousand three through December thirty-first, two
21 thousand three, twenty-four million dollars, for the period January
22 first, two thousand four through December thirty-first, two thousand
23 four, forty-eight million dollars, and for the period January first, two
24 thousand five through June thirtieth, two thousand five, twenty-four
25 million dollars;
26 (vi) if funds accumulated for distributions pursuant to section twen-
27 ty-eight hundred seven-p of this article are insufficient to meet the
28 funding amounts established pursuant to subparagraph (iv) of this para-
29 graph, the commissioner is authorized to transfer funds accumulated
30 pursuant to section twenty-eight hundred seven-v of this article into
31 the health care initiatives pool to fully fund the amounts established
32 pursuant to [subparagraph] subparagraphs (iv) and (v) of this paragraph;
33 provided however, the provisions of this subparagraph shall only be
34 effective contingent upon meeting all funding amounts established pursu-
35 ant to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (q) and
36 (r) of subdivision one of section twenty-eight hundred seven-v of this
37 article, and paragraph (a) of this subdivision; and
38 (vii) funds reserved and accumulated pursuant to this paragraph for
39 periods on and after July first, two thousand three, shall be deposited
40 by the commissioner, within amounts appropriated, and the state comp-
41 troller is hereby authorized and directed to receive for deposit to the
42 credit of the state special revenue funds - other, HCRA transfer fund,
43 medical assistance account, for purposes of funding the state share of
44 rate adjustments made pursuant to section twenty-eight hundred seven-p
45 of this article.
46 (l) Funds shall be reserved and accumulated from year to year by the
47 commissioner and shall be available, including income from invested
48 funds, for transfer to and allocation for services and expenses for the
49 payment of benefits to recipients of drugs under the AIDS drug assist-
50 ance program (ADAP) - HIV uninsured care program as administered by
51 Health Research Incorporated from the respective health care initi-
52 atives pools established for the following periods in the following
53 percentage amounts of funds remaining after allocations in accordance
54 with paragraphs (a) through (f) of this subdivision, and for periods on
55 and after January first, two thousand, in the following amounts:
S. 1406--B 473 A. 2106--B
1 (i) from the pool for the period January first, nineteen hundred nine-
2 ty-seven through December thirty-first, nineteen hundred ninety-seven,
3 nine and fifty-two-hundredths percent;
4 (ii) from the pool for the period January first, nineteen hundred
5 ninety-eight through December thirty-first, nineteen hundred ninety-
6 eight, nine and fifty-two-hundredths percent;
7 (iii) from the pool for the period January first, nineteen hundred
8 ninety-nine and December thirty-first, nineteen hundred ninety-nine,
9 nine and sixty-eight-hundredths percent; [and]
10 (iv) from the pool for the periods January first, two thousand through
11 December thirty-first, two thousand two, up to twelve million dollars
12 annually, and for the period January first, two thousand three through
13 [June thirtieth] December thirty-first, two thousand three, up to [six]
14 forty million dollars; and
15 (v) from the pool for the periods January first, two thousand four
16 through December thirty-first, two thousand four, up to fifty-six
17 million dollars, and for the period January first, two thousand five
18 through June thirtieth, two thousand five, up to thirty million dollars.
19 (m) Funds shall be reserved and accumulated from year to year by the
20 commissioner and shall be available, including income from invested
21 funds, for purposes of distributions pursuant to section twenty-eight
22 hundred seven-r of this article for cancer related services from the
23 respective health care initiatives pools established for the following
24 periods in the following percentage amounts of funds remaining after
25 allocations in accordance with paragraphs (a) through (f) of this subdi-
26 vision, and for periods on and after January first, two thousand, in the
27 following amounts:
28 (i) from the pool for the period January first, nineteen hundred nine-
29 ty-seven through December thirty-first, nineteen hundred ninety-seven,
30 seven and ninety-four-hundredths percent;
31 (ii) from the pool for the period January first, nineteen hundred
32 ninety-eight through December thirty-first, nineteen hundred ninety-
33 eight, seven and ninety-four-hundredths percent;
34 (iii) from the pool for the period January first, nineteen hundred
35 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
36 and forty-five-hundredths percent;
37 (iv) from the pool for the [periods] period January first, two thou-
38 sand through December thirty-first, two thousand two, up to ten million
39 dollars on an annual basis; [and]
40 (v) from the pool for the period January first, two thousand three
41 through [June thirtieth] December thirty-first, two thousand [three]
42 four, up to [five million] eight million nine hundred fifty thousand
43 dollars on an annual basis; and
44 (vi) from the pool for the period January first, two thousand five
45 through June thirtieth, two thousand five, up to five million twenty-
46 five thousand dollars.
47 2. In the event residual funds are available after allocations have
48 been made pursuant to this section, such funds may be allocated and
49 distributed in a manner determined by the commissioner for purposes set
50 forth in subdivision one of this section, section twenty-eight hundred
51 seven-k or section twenty-eight hundred seven-m of this article.
52 3. Notwithstanding any inconsistent provision of law, rule or regu-
53 lation, any funds accumulated in the health care initiatives pools
54 pursuant to paragraph (b) of subdivision nine of section twenty-eight
55 hundred seven-j of this article, as a result of surcharges, assessments
56 or other obligations during the periods January first, nineteen hundred
S. 1406--B 474 A. 2106--B
1 ninety-seven through December thirty-first, nineteen hundred ninety-
2 nine, which are unused or uncommitted for distributions pursuant to this
3 section shall be reserved and accumulated from year to year by the
4 commissioner and, within amounts appropriated, transferred and deposited
5 into the special revenue funds - other, miscellaneous special revenue
6 fund - 339, child health insurance account, for purposes of distrib-
7 utions to implement the child health insurance program established
8 pursuant to sections twenty-five hundred ten and twenty-five hundred
9 eleven of this chapter for periods on and after January first, two thou-
10 sand one; provided, however, funds reserved and accumulated for priority
11 distributions pursuant to subparagraph (iii) of paragraph (c) of subdi-
12 vision one of this section shall not be transferred and deposited into
13 such account pursuant to this subdivision; and provided further, howev-
14 er, the primary health care services grant program pursuant to section
15 twenty-eight hundred seven-bb of this article, as in effect prior to
16 January first, two thousand, shall be funded up to allocated amounts set
17 forth in paragraph (g) of subdivision one of this section less amounts
18 set aside and distributed by the commissioner in accordance with section
19 thirty-two-c of part F of chapter four hundred twelve of the laws of
20 nineteen hundred ninety-nine, and shall not be transferred and deposited
21 into such account pursuant to this subdivision; and provided further,
22 however, that any unused or uncommitted pool funds accumulated and allo-
23 cated pursuant to paragraph (j) of subdivision one of this section shall
24 be distributed for purposes of the health information and quality
25 improvement act of 2000.
26 4. Revenue from distributions pursuant to this section shall not be
27 included in gross revenue received for purposes of the assessments
28 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
29 of this article, subject to the provisions of paragraph (e) of subdivi-
30 sion eighteen of section twenty-eight hundred seven-c of this article,
31 and shall not be included in gross revenue received for purposes of the
32 assessments pursuant to section twenty-eight hundred seven-d of this
33 article, subject to the provisions of subdivision twelve of section
34 twenty-eight hundred seven-d of this article.
35 5. Notwithstanding any inconsistent provision of law, the commissioner
36 may borrow from pool reserves from pools established or funded pursuant
37 to sections twenty-eight hundred seven-c, twenty-eight hundred seven-j,
38 twenty-eight hundred seven-k, twenty-eight hundred seven-m, twenty-eight
39 hundred seven-s and twenty-eight hundred seven-t of this article and
40 this section, and if not sufficient from pool funds collected pursuant
41 to section twenty-eight hundred seven-j of this article and allocated
42 for distributions pursuant to paragraph (b) of subdivision nine of
43 section twenty-eight hundred seven-j of this article, or pursuant to
44 sections twenty-eight hundred seven-s and twenty-eight hundred seven-t
45 of this article and allocated for distributions pursuant to paragraphs
46 (a) and (c) of subdivision seven of section twenty-eight hundred seven-s
47 of this article, such funds as shall be necessary, not to exceed the
48 amount projected to be available pursuant to paragraph (b) of subdivi-
49 sion nine of section twenty-eight hundred seven-j of this article, or
50 paragraphs (a) and (c) of subdivision seven of section twenty-eight
51 hundred seven-s of this article, for distributions in accordance with
52 any of paragraphs (a) through (j) of subdivision one of this section for
53 a period and shall refund such moneys when pool funds become available
54 pursuant to paragraph (b) of subdivision nine of section twenty-eight
55 hundred seven-j and paragraphs (a) and (c) of subdivision seven of
S. 1406--B 475 A. 2106--B
1 section twenty-eight hundred seven-s of this article for such purpose
2 for such period.
3 § 17. Section 2807-v of the public health law, as added by chapter 1
4 of the laws of 1999, paragraphs (a), (b), (f), (p), (s), the opening
5 paragraphs of paragraphs (c), (l), (m), (n), and (r), and subparagraphs
6 (i), (ii) and (iii) of paragraph (t) of subdivision 1, as amended by
7 chapter 419 of the laws of 2000, paragraph (d) of subdivision 1 as
8 amended by section 37 of part J of chapter 82 of the laws of 2002, para-
9 graph (e) of subdivision 1 as amended by section 38 of part J of chapter
10 82 of the laws of 2002, subparagraphs (iii) and (iv) of paragraph (n) of
11 subdivision 1 as amended by section 36 of part J of chapter 82 of the
12 laws of 2002, paragraph (v) of subdivision 1 as amended by section 8 of
13 part J of chapter 82 of the laws of 2002, subparagraph (iii) of para-
14 graph (x) of subdivision 1 as amended by section 4 of part J of chapter
15 82 of the laws of 2002, paragraph (y) of subdivision 1 as amended by
16 section 5 of part J of chapter 82 of the laws of 2002, paragraph (bb) of
17 subdivision 1 as amended by section 60 of part J of chapter 82 of the
18 laws of 2002, subparagraph (iv) of paragraph (cc) of subdivision 1 as
19 amended by section 6 of part J of chapter 82 of the laws of 2002, para-
20 graph (dd) of subdivision 1 as added by section 34 of part J of chapter
21 82 of the laws of 2002, paragraph (ii) of subdivision 1 as added by
22 section 33 of part J of chapter 82 of the laws of 2002, paragraph (ii)
23 of subdivision 1 as added by section 3 of part K of chapter 82 of the
24 laws of 2002, paragraph (jj) of subdivision 1 as added by section 42 of
25 part J of chapter 82 of the laws of 2002, paragraph (kk) of subdivision
26 1 as added by section 43 of part J of chapter 82 of the laws of 2002,
27 subparagraphs (ii), (iii) and (iv) of paragraph (k) of subdivision 1 as
28 amended by section 35 of part A of chapter 1 of the laws of 2002,
29 subparagraphs (iii) and (iv) of paragraph (o) of subdivision 1 as
30 amended by section 34 of part A of chapter 1 of the laws of 2002, para-
31 graph (u) of subdivision 1 as added by section 6 of part A of chapter 1
32 of the laws of 2002, paragraph (w) of subdivision 1 as added by section
33 60 of part A of chapter 1 of the laws of 2002, paragraph (x) of subdivi-
34 sion 1 as added by section 2 of part A of chapter 1 of the laws of 2002,
35 paragraphs (z), (aa) and (cc) of subdivision 1 as added by section 2 of
36 part A of chapter 1 of the laws of 2002, paragraph (ee) of subdivision 1
37 as added by section 7-b of part A of chapter 1 of the laws of 2002,
38 paragraph (ff) of subdivision 1 as added by section 69 of part A of
39 chapter 1 of the laws of 2002, paragraph (gg) of subdivision 1 as added
40 by section 1-a of part A of chapter 1 of the laws of 2002, paragraph
41 (hh) of subdivision 1 as added by section 26 of part A of chapter 1 of
42 the laws of 2002, subdivision 4 as amended by section 23 of part A of
43 chapter 1 of the laws of 2002, and the opening paragraph of paragraph
44 (o) of subdivision 1 as amended by chapter 13 of the laws of 2000, is
45 amended to read as follows:
46 § 2807-v. Tobacco control and insurance initiatives pool distrib-
47 utions. 1. Funds accumulated in the tobacco control and insurance
48 initiatives pool, including income from invested funds, shall be
49 distributed or retained by the commissioner in accordance with the
50 following:
51 (a) Funds shall be deposited by the commissioner, within amounts
52 appropriated, and the state comptroller is hereby authorized and
53 directed to receive for deposit to the credit of the state special
54 revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
55 medicaid administration account, for purposes of services and expenses
56 related to the toll-free medicaid fraud hotline established pursuant to
S. 1406--B 476 A. 2106--B
1 section one hundred eight of chapter one of the laws of nineteen hundred
2 ninety-nine from the tobacco control and insurance initiatives pool
3 established for the following periods in the following amounts: four
4 hundred thousand dollars annually for the periods January first, two
5 thousand through December thirty-first, two thousand two, [and two
6 hundred thousand] up to four hundred thousand dollars for the period
7 January first, two thousand three through [June thirtieth,] December
8 thirty-first, two thousand three, up to four hundred thousand dollars
9 for the period January first, two thousand four through December thir-
10 ty-first, two thousand four, and up to two hundred thousand dollars for
11 the period January first, two thousand five through June thirtieth, two
12 thousand five.
13 (b) Funds shall be reserved and accumulated from year to year by the
14 commissioner and shall be available, including income from invested
15 funds, for purposes of payment of audits or audit contracts necessary to
16 determine payor and provider compliance with requirements set forth in
17 sections twenty-eight hundred seven-j, twenty-eight hundred seven-s and
18 twenty-eight hundred seven-t of this article and hospital compliance
19 with paragraph six of subdivision (a) of section 405.4 of title 10 of
20 the official compilation of codes, rules and regulations of the state of
21 New York in accordance with subdivision nine of section twenty-eight
22 hundred three of this article from the tobacco control and insurance
23 initiatives pool established for the following periods in the following
24 amounts: five million six hundred thousand dollars annually for the
25 periods January first, two thousand through December thirty-first, two
26 thousand two, [and two] up to five million [five hundred thousand]
27 dollars for the period January first, two thousand three through [June
28 thirtieth,] December thirty-first, two thousand three, up to five
29 million dollars for the period January first, two thousand four through
30 December thirty-first, two thousand four, and up to two million five
31 hundred thousand dollars for the period January first, two thousand five
32 through June thirtieth, two thousand five.
33 (c) Funds shall be deposited by the commissioner, within amounts
34 appropriated, and the state comptroller is hereby authorized and
35 directed to receive for deposit to the credit of the state special
36 revenue funds - other, HCRA transfer fund, enhanced community services
37 account, for mental health services programs for case management
38 services for adults and children; supported housing; home and community
39 based waiver services; family based treatment; family support services;
40 mobile mental health teams; transitional housing; and community over-
41 sight, established pursuant to articles seven and forty-one of the
42 mental hygiene law and subdivision nine of section three hundred sixty-
43 six of the social services law from the tobacco control and insurance
44 initiatives pool established for the following periods in the following
45 amounts:
46 (i) forty-eight million dollars to be reserved, to be retained or for
47 distribution pursuant to a chapter of the laws of two thousand, for the
48 period January first, two thousand through December thirty-first, two
49 thousand; [and]
50 (ii) eighty-seven million dollars to be reserved, to be retained or
51 for distribution pursuant to a chapter of the laws of two thousand one,
52 for the period January first, two thousand one through December thirty-
53 first, two thousand one;
54 (iii) eighty-seven million dollars to be reserved, to be retained or
55 for distribution pursuant to a chapter of the laws of two thousand two,
S. 1406--B 477 A. 2106--B
1 for the period January first, two thousand two through December thirty-
2 first, two thousand two;
3 (iv) [forty-four million] eighty-eight million dollars to be reserved,
4 to be retained or for distribution pursuant to a chapter of the laws of
5 two thousand three, for the period January first, two thousand three
6 through [June thirtieth,] December thirty-first, two thousand three;
7 (v) eighty-eight million dollars to be reserved, to be retained or for
8 distribution pursuant to a chapter of the laws of two thousand four, for
9 the period January first, two thousand four through December thirty-
10 first, two thousand four; and
11 (vi) forty-four million dollars to be reserved, to be retained or for
12 distribution pursuant to a chapter of the laws of two thousand five, for
13 the period January first, two thousand five through June thirtieth, two
14 thousand five.
15 (d) Funds shall be deposited by the commissioner, within amounts
16 appropriated, and the state comptroller is hereby authorized and
17 directed to receive for deposit to the credit of the state special
18 revenue funds - other, HCRA transfer fund, medical assistance account,
19 for purposes of funding the state share of services and expenses related
20 to the family health plus program including up to two and one-half
21 million dollars annually for the period January first, two thousand
22 through December thirty-first, two thousand two, [and one million two
23 hundred fifty thousand dollars for the period January first, two thou-
24 sand three through June thirtieth, two thousand three] for adminis-
25 tration and marketing costs associated with such program established
26 pursuant to clause (A) of subparagraph (v) of paragraph (a) of subdivi-
27 sion two of section three hundred sixty-nine-ee of the social services
28 law from the tobacco control and insurance initiatives pool established
29 for the following periods in the following amounts:
30 (i) three million five hundred thousand dollars for the period January
31 first, two thousand through December thirty-first, two thousand;
32 (ii) twenty-seven million dollars for the period January first, two
33 thousand one through December thirty-first, two thousand one; and
34 (iii) fifty-seven million dollars for the period January first, two
35 thousand two through December thirty-first, two thousand two[; and
36 (iv) forty-three million dollars for the period January first, two
37 thousand three through June thirtieth, two thousand three].
38 (e) Funds shall be deposited by the commissioner, within amounts
39 appropriated, and the state comptroller is hereby authorized and
40 directed to receive for deposit to the credit of the state special
41 revenue funds - other, HCRA transfer fund, medical assistance account,
42 for purposes of funding the state share of services and expenses related
43 to the family health plus program including up to two and one-half
44 million dollars annually for the period January first, two thousand
45 through December thirty-first, two thousand two [and one million two
46 hundred fifty thousand dollars for the period January first, two thou-
47 sand three through June thirtieth, two thousand three] for adminis-
48 tration and marketing costs associated with such program established
49 pursuant to clause (B) of subparagraph (v) of paragraph (a) of subdivi-
50 sion two of section three hundred sixty-nine-ee of the social services
51 law from the tobacco control and insurance initiatives pool established
52 for the following periods in the following amounts:
53 (i) two million five hundred thousand dollars for the period January
54 first, two thousand through December thirty-first, two thousand;
S. 1406--B 478 A. 2106--B
1 (ii) thirty million five hundred thousand dollars for the period Janu-
2 ary first, two thousand one through December thirty-first, two thousand
3 one; and
4 (iii) sixty-six million dollars for the period January first, two
5 thousand two through December thirty-first, two thousand two[; and
6 (iv) forty-four million dollars for the period January first, two
7 thousand three through June thirtieth, two thousand three].
8 (f) Funds shall be deposited by the commissioner, within amounts
9 appropriated, and the state comptroller is hereby authorized and
10 directed to receive for deposit to the credit of the state special
11 revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
12 medicaid administration account, for purposes of payment of administra-
13 tive expenses of the department related to the family health plus
14 program established pursuant to section three hundred sixty-nine-ee of
15 the social services law from the tobacco control and insurance initi-
16 atives pool established for the following periods in the following
17 amounts: five hundred thousand dollars on an annual basis for the peri-
18 ods January first, two thousand through December thirty-first, two thou-
19 sand [two] four, and two hundred fifty thousand dollars for the period
20 January first, two thousand [three] five through June thirtieth, two
21 thousand [three] five.
22 (g) Funds shall be reserved and accumulated from year to year by the
23 commissioner and shall be available, including income from invested
24 funds, contingent upon meeting all funding amounts established pursuant
25 to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
26 and (s) of this subdivision, paragraph (a) of subdivision nine of
27 section twenty-eight hundred seven-j of this article, and paragraphs
28 (a), (i) and (k) of subdivision one of section twenty-eight hundred
29 seven-l of this article for purposes of services and expenses related to
30 the health maintenance organization direct pay market program estab-
31 lished pursuant to sections forty-three hundred twenty-one-a and forty-
32 three hundred twenty-two-a of the insurance law from the tobacco control
33 and insurance initiatives pool established for the following periods in
34 the following amounts:
35 (i) up to thirty-five million dollars for the period January first,
36 two thousand through December thirty-first, two thousand of which fifty
37 percentum shall be allocated to the program pursuant to section four
38 thousand three hundred twenty-one-a of the insurance law and fifty
39 percentum to the program pursuant to section four thousand three hundred
40 twenty-two-a of the insurance law;
41 (ii) up to thirty-six million dollars for the period January first,
42 two thousand one through December thirty-first, two thousand one of
43 which fifty percentum shall be allocated to the program pursuant to
44 section four thousand three hundred twenty-one-a of the insurance law
45 and fifty percentum to the program pursuant to section four thousand
46 three hundred twenty-two-a of the insurance law;
47 (iii) up to thirty-nine million dollars for the period January first,
48 two thousand two through December thirty-first, two thousand two of
49 which fifty percentum shall be allocated to the program pursuant to
50 section four thousand three hundred twenty-one-a of the insurance law
51 and fifty percentum to the program pursuant to section four thousand
52 three hundred twenty-two-a of the insurance law; [and]
53 (iv) up to [twenty] forty million dollars for the period January
54 first, two thousand three through [June thirtieth,] December thirty-
55 first, two thousand three of which fifty percentum shall be allocated to
56 the program pursuant to section four thousand three hundred twenty-one-a
S. 1406--B 479 A. 2106--B
1 of the insurance law and fifty percentum to the program pursuant to
2 section four thousand three hundred twenty-two-a of the insurance law;
3 (v) up to forty million dollars for the period January first, two
4 thousand four through December thirty-first, two thousand four of which
5 fifty percentum shall be allocated to the program pursuant to section
6 four thousand three hundred twenty-one-a of the insurance law and fifty
7 percentum to the program pursuant to section four thousand three hundred
8 twenty-two-a of the insurance law; and
9 (vi) up to twenty million dollars for the period January first, two
10 thousand five through June thirtieth, two thousand five of which fifty
11 percentum shall be allocated to the program pursuant to section four
12 thousand three hundred twenty-one-a of the insurance law and fifty
13 percentum to the program pursuant to section four thousand three hundred
14 twenty-two-a of the insurance law.
15 (h) Funds shall be reserved and accumulated from year to year by the
16 commissioner and shall be available, including income from invested
17 funds, contingent upon meeting all funding amounts established pursuant
18 to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
19 and (s) of this subdivision, paragraph (a) of subdivision nine of
20 section twenty-eight hundred seven-j of this article, and paragraphs
21 (a), (i) and (k) of subdivision one of section twenty-eight hundred
22 seven-l of this article for purposes of services and expenses related to
23 the healthy New York individual program established pursuant to sections
24 [forty-three] four thousand three hundred twenty-six and [forty-three]
25 four thousand three hundred twenty-seven of the insurance law from the
26 tobacco control and insurance initiatives pool established for the
27 following periods in the following amounts:
28 (i) up to six million dollars for the period January first, two thou-
29 sand one through December thirty-first, two thousand one;
30 (ii) up to twenty-nine million dollars for the period January first,
31 two thousand two through December thirty-first, two thousand two; [and]
32 (iii) up to [twenty-one] twenty-nine million four hundred thousand
33 dollars for the period January first, two thousand three through [June
34 thirtieth,] December thirty-first, two thousand three[.];
35 (iv) up to twenty-four million six hundred thousand dollars for the
36 period January first, two thousand four through December thirty-first,
37 two thousand four; and
38 (v) up to twenty-two million dollars for the period January first, two
39 thousand five through June thirtieth, two thousand five.
40 (i) Funds shall be reserved and accumulated from year to year by the
41 commissioner and shall be available, including income from invested
42 funds, contingent upon meeting all funding amounts established pursuant
43 to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
44 and (s) of this subdivision, paragraph (a) of subdivision nine of
45 section twenty-eight hundred seven-j of this article, and paragraphs
46 (a), (i) and (k) of subdivision one of section twenty-eight hundred
47 seven-l of this article for purposes of services and expenses related to
48 the healthy New York group program established pursuant to sections
49 [forty-three] four thousand three hundred twenty-six and [forty-three]
50 four thousand three hundred twenty-seven of the insurance law from the
51 tobacco control and insurance initiatives pool established for the
52 following periods in the following amounts:
53 (i) up to thirty-four million dollars for the period January first,
54 two thousand one through December thirty-first, two thousand one;
55 (ii) up to seventy-seven million dollars for the period January first,
56 two thousand two through December thirty-first, two thousand two; [and]
S. 1406--B 480 A. 2106--B
1 (iii) up to [fifty-two] sixty million four hundred thousand dollars
2 for the period January first, two thousand three through [June thirti-
3 eth,] December thirty-first, two thousand three;
4 (iv) up to twenty-four million six hundred thousand dollars for the
5 period January first, two thousand four through December thirty-first,
6 two thousand four; and
7 (v) up to twenty-two million dollars for the period January first, two
8 thousand five through June thirtieth, two thousand five.
9 (j) Funds shall be reserved and accumulated from year to year by the
10 commissioner and shall be available, including income from invested
11 funds, contingent upon meeting all funding amounts established pursuant
12 to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
13 and (s) of this subdivision, paragraph (a) of subdivision nine of
14 section twenty-eight hundred seven-j of this article, and paragraphs
15 (a), (i) and (k) of subdivision one of section twenty-eight hundred
16 seven-l of this article for purposes of services and expenses related to
17 the tobacco use prevention and control program established pursuant to
18 sections thirteen hundred ninety-nine-ii and thirteen hundred ninety-
19 nine-jj of this chapter, from the tobacco control and insurance initi-
20 atives pool established for the following periods in the following
21 amounts:
22 (i) up to thirty million dollars for the period January first, two
23 thousand through December thirty-first, two thousand;
24 (ii) up to forty million dollars for the period January first, two
25 thousand one through December thirty-first, two thousand one;
26 (iii) up to forty million dollars for the period January first, two
27 thousand two through December thirty-first, two thousand two; [and]
28 (iv) up to [twenty million] thirty-six million nine hundred fifty
29 thousand dollars for the period January first, two thousand three
30 through [June thirtieth,] December thirty-first, two thousand three;
31 (v) up to thirty-six million nine hundred fifty thousand dollars for
32 the period January first, two thousand four through December thirty-
33 first, two thousand four; and
34 (vi) up to twenty million two hundred seventy-five thousand dollars
35 for the period January first, two thousand five through June thirtieth,
36 two thousand five.
37 (k) Funds shall be deposited by the commissioner, within amounts
38 appropriated, and the state comptroller is hereby authorized and
39 directed to receive for deposit to the credit of the state special
40 revenue fund - other, HCRA transfer fund, health care services account,
41 contingent upon meeting all funding amounts established pursuant to
42 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
43 and (s) of this subdivision, paragraph (a) of subdivision nine of
44 section twenty-eight hundred seven-j of this article, and paragraphs
45 (a), (i) and (k) of subdivision one of section twenty-eight hundred
46 seven-l of this article for purposes of services and expenses related to
47 public health programs from the tobacco control and insurance initi-
48 atives pool established for the following periods in the following
49 amounts;
50 (i) up to thirty-one million dollars for the period January first, two
51 thousand through December thirty-first, two thousand;
52 (ii) up to forty-one million dollars for the period January first, two
53 thousand one through December thirty-first, two thousand one;
54 (iii) up to eighty-one million dollars for the period January first,
55 two thousand two through December thirty-first, two thousand two; [and]
S. 1406--B 481 A. 2106--B
1 (iv) [up to sixty-five] one hundred twenty-two million five hundred
2 thousand dollars for the period January first, two thousand three
3 through [June thirtieth,] December thirty-first, two thousand three;
4 (v) eighty-one million five hundred thousand dollars for the period
5 January first, two thousand four through December thirty-first, two
6 thousand four; and
7 (vi) thirty-five million four hundred thousand dollars for the period
8 January first, two thousand five through June thirtieth, two thousand
9 five.
10 (l) Funds shall be deposited by the commissioner, within amounts
11 appropriated, and the state comptroller is hereby authorized and
12 directed to receive for deposit to the credit of the state special
13 revenue funds - other, HCRA transfer fund, medical assistance account
14 for purposes of funding the state share of the personal care and certi-
15 fied home health agency rate or fee increases established pursuant to
16 subdivision three of section three hundred sixty-seven-o of the social
17 services law from the tobacco control and insurance initiatives pool
18 established for the following periods in the following amounts:
19 (i) twenty-three million two hundred thousand dollars for the period
20 January first, two thousand through December thirty-first, two thousand;
21 (ii) twenty-three million two hundred thousand dollars for the period
22 January first, two thousand one through December thirty-first, two thou-
23 sand one;
24 (iii) twenty-three million two hundred thousand dollars for the period
25 January first, two thousand two through December thirty-first, two thou-
26 sand two; [and]
27 (iv) [twelve] up to twenty-three million two hundred thousand dollars
28 for the period January first, two thousand three through [June thirti-
29 eth] December thirty-first, two thousand three;
30 (v) up to twenty-three million two hundred thousand dollars for the
31 period January first, two thousand four through December thirty-first,
32 two thousand four; and
33 (vi) up to twelve million dollars for the period January first, two
34 thousand five through June thirtieth, two thousand five.
35 (m) Funds shall be deposited by the commissioner, within amounts
36 appropriated, and the state comptroller is hereby authorized and
37 directed to receive for deposit to the credit of the state special
38 revenue funds - other, HCRA transfer fund, medical assistance account
39 for purposes of funding the state share of services and expenses related
40 to home care workers insurance pilot demonstration programs established
41 pursuant to subdivision two of section three hundred sixty-seven-o of
42 the social services law from the tobacco control and insurance initi-
43 atives pool established for the following periods in the following
44 amounts:
45 (i) three million eight hundred thousand dollars for the period Janu-
46 ary first, two thousand through December thirty-first, two thousand;
47 (ii) three million eight hundred thousand dollars for the period Janu-
48 ary first, two thousand one through December thirty-first, two thousand
49 one;
50 (iii) three million eight hundred thousand dollars for the period
51 January first, two thousand two through December thirty-first, two thou-
52 sand two; [and]
53 (iv) [two] up to three million eight hundred thousand dollars for the
54 period January first, two thousand three through [June thirtieth,]
55 December thirty-first, two thousand three;
S. 1406--B 482 A. 2106--B
1 (v) up to three million eight hundred thousand dollars for the period
2 January first, two thousand four through December thirty-first, two
3 thousand four; and
4 (vi) up to two million dollars for the period January first, two thou-
5 sand five through June thirtieth, two thousand five.
6 (n) Funds shall be transferred by the commissioner and shall be depos-
7 ited to the credit of the special revenue funds - other, miscellaneous
8 special revenue fund - 339, elderly pharmaceutical insurance coverage
9 program premium account authorized pursuant to the provisions of article
10 nineteen-K of the executive law for funding state expenses relating to
11 the program from the tobacco control and insurance initiatives pool
12 established for the following periods in the following amounts:
13 (i) one hundred seven million dollars for the period January first,
14 two thousand through December thirty-first, two thousand;
15 (ii) one hundred sixty-four million dollars for the period January
16 first, two thousand one through December thirty-first, two thousand one;
17 (iii) three hundred twenty-two million seven hundred thousand dollars
18 for the period January first, two thousand two through December thirty-
19 first, two thousand two; [and]
20 (iv) [two hundred sixteen million] four hundred thirty-three million
21 three hundred thousand dollars for the period January first, two thou-
22 sand three through [June thirtieth,] December thirty-first, two thousand
23 three;
24 (v) four hundred fifty-eight million five hundred thousand dollars for
25 the period January first, two thousand four through December thirty-
26 first, two thousand four; and
27 (vi) two hundred fifty million seven hundred thousand dollars for the
28 period January first, two thousand five through June thirtieth, two
29 thousand five.
30 (o) Funds shall be reserved and accumulated by the commissioner
31 contingent upon meeting all funding amounts established pursuant to
32 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
33 and (s) of this subdivision, paragraph (a) of subdivision nine of
34 section twenty-eight hundred seven-j of this article, and paragraphs
35 (a), (i) and (k) of subdivision one of section twenty-eight hundred
36 seven-l of this article and shall be transferred to the Roswell Park
37 Cancer Institute Corporation, from the tobacco control and insurance
38 initiatives pool established for the following periods in the following
39 amounts:
40 (i) up to ninety million dollars for the period January first, two
41 thousand through December thirty-first, two thousand;
42 (ii) up to sixty million dollars for the period January first, two
43 thousand one through December thirty-first, two thousand one;
44 (iii) up to eighty-five million dollars for the period January first,
45 two thousand two through December thirty-first, two thousand two; [and]
46 (iv) [up to forty-three] eighty-five million two hundred fifty thou-
47 sand dollars for the period January first, two thousand three through
48 [June thirtieth,] December thirty-first, two thousand three;
49 (v) eighty-two million seven hundred fifty thousand dollars for the
50 period January first, two thousand four through December thirty-first,
51 two thousand four; and
52 (vi) forty-one million three hundred seventy-five thousand dollars for
53 the period January first, two thousand five through June thirtieth, two
54 thousand five.
55 (p) Funds shall be deposited by the commissioner, within amounts
56 appropriated, and the state comptroller is hereby authorized and
S. 1406--B 483 A. 2106--B
1 directed to receive for deposit to the credit of the state special
2 revenue funds - other, indigent care fund - 068, indigent care account,
3 contingent upon meeting all funding amounts established pursuant to
4 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (q) and (r) of
5 this subdivision and paragraph (a) of subdivision one of section twen-
6 ty-eight hundred seven-l of this article for purposes of providing a
7 medicaid disproportionate share payment from the high need indigent care
8 adjustment pool established pursuant to section twenty-eight hundred
9 seven-w of this article, from the tobacco control and insurance initi-
10 atives pool established for the following periods in the following
11 amounts:
12 (i) eighty-two million dollars annually for the periods January first,
13 two thousand through December thirty-first, two thousand two; [and]
14 (ii) [forty-one] up to eighty-two million dollars for the period Janu-
15 ary first, two thousand three through [June thirtieth,] December thir-
16 ty-first, two thousand three;
17 (iii) up to eighty-two million dollars for the period January first,
18 two thousand four through December thirty-first, two thousand four; and
19 (iv) up to forty-one million dollars for the period January first, two
20 thousand five through June thirtieth, two thousand five.
21 (q) Funds shall be reserved and accumulated from year to year by the
22 commissioner and shall be available, including income from invested
23 funds, for purposes of providing distributions to eligible school based
24 health centers established pursuant to [the] chapter one of the laws of
25 nineteen hundred ninety-nine which enacted the New York Health Care
26 Reform Act of 2000, from the tobacco control and insurance initiatives
27 pool established for the following periods in the following amounts:
28 (i) seven million dollars annually for the period January first, two
29 thousand through December thirty-first, two thousand two; [and]
30 (ii) [three] up to seven million [five hundred thousand] dollars for
31 the period January first, two thousand three through [June thirtieth,]
32 December thirty-first, two thousand three;
33 (iii) up to seven million dollars for the period January first, two
34 thousand four through December thirty-first, two thousand four; and
35 (iv) up to three million five hundred thousand dollars for the period
36 January first, two thousand five through June thirtieth, two thousand
37 five.
38 (r) Funds shall be deposited by the commissioner within amounts appro-
39 priated, and the state comptroller is hereby authorized and directed to
40 receive for deposit to the credit of the state special revenue funds -
41 other, HCRA transfer fund, medical assistance account, for purposes of
42 providing distributions for supplementary medical insurance for Medicare
43 part B premiums, physicians services, outpatient services, medical
44 equipment, supplies and other health services, from the tobacco control
45 and insurance initiatives pool established for the following periods in
46 the following amounts:
47 (i) forty-three million dollars for the period January first, two
48 thousand through December thirty-first, two thousand;
49 (ii) sixty-one million dollars for the period January first, two thou-
50 sand one through December thirty-first, two thousand one;
51 (iii) sixty-five million dollars for the period January first, two
52 thousand two through December thirty-first, two thousand two; [and]
53 (iv) [thirty-four] sixty-seven million five hundred thousand dollars
54 for the period January first, two thousand three through [June thirti-
55 eth,] December thirty-first, two thousand three;
S. 1406--B 484 A. 2106--B
1 (v) sixty-eight million dollars for the period January first, two
2 thousand four through December thirty-first, two thousand four; and
3 (vi) thirty-four million dollars for the period January first, two
4 thousand five through June thirtieth, two thousand five.
5 (s) Funds shall be deposited by the commissioner within amounts appro-
6 priated, and the state comptroller is hereby authorized and directed to
7 receive for deposit to the credit of the state special revenue funds -
8 other, HCRA transfer fund, medical assistance account, contingent upon
9 meeting all funding amounts established pursuant to paragraphs (a), (b),
10 (c), (d), (e), (f), (l), (m), (n), (q), and (r) of this subdivision, and
11 paragraph (a) of subdivision one of section twenty-eight hundred seven-l
12 of this article, for purposes of providing distributions pursuant to
13 paragraph (s-5) of subdivision eleven of section twenty-eight hundred
14 seven-c of this article from the tobacco control and insurance initi-
15 atives pool established for the following periods in the following
16 amounts:
17 (i) eighteen million dollars for the period January first, two thou-
18 sand through December thirty-first, two thousand;
19 (ii) twenty-four million dollars annually for the periods January
20 first, two thousand one through December thirty-first, two thousand two;
21 [and]
22 (iii) [six] up to twenty-four million dollars for the period January
23 first, two thousand three through [March] December thirty-first, two
24 thousand three;
25 (iv) up to twenty-four million dollars for the period January first,
26 two thousand four through December thirty-first, two thousand four; and
27 (v) up to six million dollars for the period January first, two thou-
28 sand five through June thirtieth, two thousand five.
29 (t) Funds shall be reserved and accumulated from year to year by the
30 commissioner and shall be made available, including income from invested
31 funds:
32 (i) For the purpose of making grants to a state owned and operated
33 medical school which does not have a state owned and operated hospital
34 on site and available for teaching purposes. Notwithstanding sections
35 one hundred twelve and one hundred sixty-three of the state finance law,
36 such grants shall be made in the amount of up to five hundred thousand
37 dollars for the period January first, two thousand through December
38 thirty-first, two thousand;
39 (ii) For the purpose of making grants to medical schools pursuant to
40 section eighty-six-a of chapter one of the laws of nineteen hundred
41 ninety-nine in the sum of up to four million dollars for the period
42 January first, two thousand through December thirty-first, two thousand;
43 and
44 (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of
45 this paragraph from the tobacco control and insurance initiatives pool
46 are contingent upon meeting all funding amounts established pursuant to
47 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
48 and (s) of this subdivision, paragraph (a) of subdivision nine of
49 section twenty-eight hundred seven-j of this article, and paragraphs
50 (a), (i) and (k) of subdivision one of section twenty-eight hundred
51 seven-l of this article.
52 (u) Funds shall be deposited by the commissioner, within amounts
53 appropriated, and the state comptroller is hereby authorized and
54 directed to receive for deposit to the credit of the state special
55 revenue funds - other, HCRA transfer fund, medical assistance account
56 for purposes of funding the state share of services and expenses related
S. 1406--B 485 A. 2106--B
1 to the nursing home quality improvement demonstration program estab-
2 lished pursuant to section twenty-eight hundred eight-d of this article
3 from the tobacco control and insurance initiatives pool established for
4 the following periods in the following amounts:
5 (i) up to twenty-five million dollars for the period beginning April
6 first, two thousand two and ending December thirty-first, two thousand
7 two, and on an annualized basis, for each annual period thereafter
8 beginning January first, two thousand three and ending December thirty-
9 first, two thousand four, and up to twelve million five hundred thousand
10 dollars for the period January first, two thousand five through June
11 thirtieth, two thousand five.
12 (v) Funds shall be transferred by the commissioner and shall be depos-
13 ited to the credit of the hospital excess liability pool created pursu-
14 ant to section eighteen of chapter two hundred sixty-six of the laws of
15 nineteen hundred eighty-six for purposes of expenses related to the
16 purchase of excess medical malpractice insurance and the cost of admin-
17 istrating the pool, including costs associated with the risk management
18 program established pursuant to section forty-two of part A of chapter
19 one of the laws of two thousand two required by paragraph (a) of subdi-
20 vision one of section eighteen of chapter two hundred sixty-six of the
21 laws of nineteen hundred eighty-six as may be amended from time to time,
22 from the tobacco control and insurance initiatives pool established for
23 the following periods in the following amounts:
24 (i) up to fifty million dollars or so much as is needed for the period
25 January first, two thousand two through December thirty-first, two thou-
26 sand two; [and]
27 (ii) up to [twenty-eight] seventy-six million seven hundred thousand
28 dollars [or so much as is needed] for the period January first, two
29 thousand three through [June thirtieth,] December thirty-first, two
30 thousand three;
31 (iii) up to sixty-five million dollars for the period January first,
32 two thousand four through December thirty-first, two thousand four; and
33 (iv) up to thirty-two million five hundred thousand dollars for the
34 period January first, two thousand five through June thirtieth, two
35 thousand five.
36 (w) Funds shall be deposited by the commissioner, within amounts
37 appropriated, and the state comptroller is hereby authorized and
38 directed to receive for deposit to the credit of the state special
39 revenue funds - other, HCRA transfer fund, medical assistance account
40 for purposes of funding the state share of the treatment of breast and
41 cervical cancer pursuant to paragraph (v) of subdivision four of section
42 three hundred sixty-six of the social services law, from the tobacco
43 control and insurance initiatives pool established for the following
44 periods in the following amounts:
45 (i) up to four hundred fifty thousand dollars for the period January
46 first, two thousand two through December thirty-first, two thousand two;
47 [and]
48 (ii) up to [one] two million [fifty] one hundred thousand dollars for
49 the period January first, two thousand three through [June thirtieth]
50 December thirty-first, two thousand three;
51 (iii) up to two million one hundred thousand dollars for the period
52 January first, two thousand four through December thirty-first, two
53 thousand four; and
54 (iv) up to one million one hundred thousand dollars for the period
55 January first, two thousand five through June thirtieth, two thousand
56 five.
S. 1406--B 486 A. 2106--B
1 (x) Funds shall be deposited by the commissioner, within amounts
2 appropriated, and the state comptroller is hereby authorized and
3 directed to receive for deposit to the credit of the state special
4 revenue funds - other, HCRA transfer fund, medical assistance account
5 for purposes of funding the state share of the non-public general hospi-
6 tal rates increases for recruitment and retention of health care workers
7 pursuant to paragraph (a) of subdivision thirty and subdivision thirty-
8 one of section twenty-eight hundred seven-c of this article from the
9 tobacco control and insurance initiatives pool established for the
10 following periods in the following amounts:
11 (i) twenty-seven million one hundred thousand dollars on an annualized
12 basis for the period January first, two thousand two through December
13 thirty-first, two thousand two;
14 (ii) fifty million eight hundred thousand dollars on an annualized
15 basis for the period January first, two thousand three through December
16 thirty-first, two thousand three; [and]
17 (iii) sixty-nine million three hundred thousand dollars on an annual-
18 ized basis for the period January first, two thousand four through
19 December thirty-first, two thousand four; and
20 (iv) thirty-four million six hundred fifty thousand dollars for the
21 period January first, two thousand five through June thirtieth, two
22 thousand five.
23 (y) Funds shall be reserved and accumulated from year to year by the
24 commissioner and shall be available, including income from invested
25 funds, for purposes of grants to public general hospitals for recruit-
26 ment and retention of health care workers pursuant to paragraph (b) of
27 subdivision thirty of section twenty-eight hundred seven-c of this arti-
28 cle from the tobacco control and insurance initiatives pool established
29 for the following periods in the following amounts:
30 (i) eighteen million five hundred thousand dollars on an annualized
31 basis for the period January first, two thousand two through December
32 thirty-first, two thousand two;
33 (ii) thirty-seven million four hundred thousand dollars on an annual-
34 ized basis for the period January first, two thousand three through
35 December thirty-first, two thousand three; [and]
36 (iii) fifty-two million two hundred thousand dollars on an annualized
37 basis for the period January first, two thousand four through December
38 thirty-first, two thousand four;
39 (iv) twenty-six million one hundred thousand dollars for the period
40 January first, two thousand five through June thirtieth, two thousand
41 five; and
42 (v) provided, however, amounts pursuant to this paragraph may be
43 reduced by the commissioner in an amount to be approved by the director
44 of the budget to reflect amounts received from the federal government
45 under the state's 1115 waiver which are directed under its terms and
46 conditions to the health workforce recruitment and retention program.
47 (z) Funds shall be deposited by the commissioner, within amounts
48 appropriated, and the state comptroller is hereby authorized and
49 directed to receive for deposit to the credit of the state special
50 revenue funds - other, HCRA transfer fund, medical assistance account
51 for purposes of funding the state share of the non-public residential
52 health care facility rate increases for recruitment and retention of
53 health care workers pursuant to paragraph (a) of subdivision eighteen of
54 section twenty-eight hundred eight of this article from the tobacco
55 control and insurance initiatives pool established for the following
56 periods in the following amounts:
S. 1406--B 487 A. 2106--B
1 (i) twenty-one million five hundred thousand dollars on an annualized
2 basis for the period January first, two thousand two through December
3 thirty-first, two thousand two;
4 (ii) thirty-three million three hundred thousand dollars on an annual-
5 ized basis for the period January first, two thousand three through
6 December thirty-first, two thousand three; [and]
7 (iii) forty-six million three hundred thousand dollars on an annual-
8 ized basis for the period January first, two thousand four through
9 December thirty-first, two thousand four; and
10 (iv) twenty-three million two hundred thousand dollars for the period
11 January first, two thousand five through June thirtieth, two thousand
12 five.
13 (aa) Funds shall be reserved and accumulated from year to year by the
14 commissioner and shall be available, including income from invested
15 funds, for purposes of grants to public residential health care facili-
16 ties for recruitment and retention of health care workers pursuant to
17 paragraph (b) of subdivision eighteen of section twenty-eight hundred
18 eight of this article from the tobacco control and insurance initiatives
19 pool established for the following periods in the following amounts:
20 (i) seven million five hundred thousand dollars on an annualized basis
21 for the period January first, two thousand two through December thirty-
22 first, two thousand two;
23 (ii) eleven million seven hundred thousand dollars on an annualized
24 basis for the period January first, two thousand three through December
25 thirty-first, two thousand three; [and]
26 (iii) sixteen million two hundred thousand dollars on an annualized
27 basis for the period January first, two thousand four through December
28 thirty-first, two thousand four; and
29 (iv) eight million one hundred thousand dollars for the period January
30 first, two thousand five through June thirtieth, two thousand five.
31 (bb)(i) Funds shall be deposited by the commissioner, within amounts
32 appropriated, and subject to the availability of federal financial
33 participation, and the state comptroller is hereby authorized and
34 directed to receive for deposit to the credit of the state special
35 revenue funds - other, HCRA transfer fund, medical assistance account
36 for the purpose of supporting the state share of adjustments to Medicaid
37 rates of payment for personal care services provided pursuant to para-
38 graph (e) of subdivision two of section three hundred sixty-five-a of
39 the social services law, for local social service districts which
40 include a city with a population of over one million persons and
41 computed and distributed in accordance with memorandums of understanding
42 to be entered into between the state of New York and such local social
43 service districts for the purpose of supporting the recruitment and
44 retention of personal care service workers or any worker with direct
45 patient care responsibility, from the tobacco control and insurance
46 initiatives pool established for the following periods and the following
47 amounts:
48 (A) forty-four million dollars, on an annualized basis, for the period
49 April first, two thousand two through December thirty-first, two thou-
50 sand two;
51 (B) seventy-four million dollars, on an annualized basis, for the
52 period January first, two thousand three through December thirty-first,
53 two thousand three;
54 (C) one hundred four million dollars, on an annualized basis, for the
55 period January first, two thousand four through December thirty-first,
56 two thousand four; and
S. 1406--B 488 A. 2106--B
1 (D) one hundred thirty-six million dollars, on an annualized basis,
2 for the period January first, two thousand five through December thir-
3 ty-first, two thousand five.
4 (ii) Adjustments to Medicaid rates made pursuant to this paragraph
5 shall not, in aggregate, exceed the following amounts for the following
6 periods:
7 (A) for the period April first, two thousand two through December
8 thirty-first, two thousand two, one hundred ten million dollars;
9 (B) for the period January first, two thousand three through December
10 thirty-first, two thousand three, one hundred eighty-five million
11 dollars;
12 (C) for the period January first, two thousand four through December
13 thirty-first, two thousand four, two hundred sixty million dollars; and
14 (D) for the period January first, two thousand five through December
15 thirty-first, two thousand five, three hundred forty million dollars.
16 (iii) Personal care service providers which have their rates adjusted
17 pursuant to this paragraph shall use such funds for the purpose of
18 recruitment and retention of non-supervisory personal care services
19 workers or any worker with direct patient care responsibility only and
20 are prohibited from using such funds for any other purpose. Each such
21 personal care services provider shall submit, at a time and in a manner
22 to be determined by the commissioner, a written certification attesting
23 that such funds will be used solely for the purpose of recruitment and
24 retention of non-supervisory personal care services workers or any work-
25 er with direct patient care responsibility. The commissioner is author-
26 ized to audit each such provider to ensure compliance with the written
27 certification required by this subdivision and shall recoup any funds
28 determined to have been used for purposes other than recruitment and
29 retention of non-supervisory personal care services workers or any work-
30 er with direct patient care responsibility. Such recoupment shall be in
31 addition to any other penalties provided by law.
32 (cc) Funds shall be deposited by the commissioner, within amounts
33 appropriated, and the state comptroller is hereby authorized and
34 directed to receive for deposit to the credit of the state special
35 revenue funds - other, HCRA transfer fund, medical assistance account
36 for the purpose of supporting the state share of adjustments to Medicaid
37 rates of payment for personal care services provided pursuant to para-
38 graph (e) of subdivision two of section three hundred sixty-five-a of
39 the social services law, for local social service districts which shall
40 not include a city with a population of over one million persons for the
41 purpose of supporting the personal care services worker recruitment and
42 retention program as established pursuant to section three hundred
43 sixty-seven-q of the social services law, from the tobacco control and
44 insurance initiatives pool established for the following periods and the
45 following amounts:
46 (i) two million eight hundred thousand dollars for the period April
47 first, two thousand two through December thirty-first, two thousand two;
48 (ii) five million six hundred thousand dollars, on an annualized
49 basis, for the period January first, two thousand three through December
50 thirty-first, two thousand three;
51 (iii) eight million four hundred thousand dollars, on an annualized
52 basis, for the period January first, two thousand four through December
53 thirty-first, two thousand four; and
54 (iv) ten million eight hundred thousand dollars, on an annualized
55 basis, for the period January first, two thousand five through December
56 thirty-first, two thousand five.
S. 1406--B 489 A. 2106--B
1 (dd) Funds shall be deposited by the commissioner, within amounts
2 appropriated, and the state comptroller is hereby authorized and
3 directed to receive for deposit to the credit of the state special
4 revenue fund - other, HCRA transfer fund, medical assistance account for
5 purposes of funding the state share of Medicaid expenditures for physi-
6 cian services from the tobacco control and insurance initiatives pool
7 established for the following periods in the following amounts:
8 (i) up to fifty-two million dollars for the period January first, two
9 thousand two through December thirty-first, two thousand two; [and]
10 (ii) [up to forty-three] eighty-one million two hundred thousand
11 dollars for the period January first, two thousand three through [June
12 thirtieth,] December thirty-first, two thousand three;
13 (iii) eighty-five million two hundred thousand dollars for the period
14 January first, two thousand four through December thirty-first, two
15 thousand four; and
16 (iv) forty-two million six hundred thousand dollars for the period
17 January first, two thousand five through June thirtieth, two thousand
18 five.
19 (ee) Funds shall be deposited by the commissioner, within amounts
20 appropriated, and the state comptroller is hereby authorized and
21 directed to receive for deposit to the credit of the state special
22 revenue fund - other, HCRA transfer fund, medical assistance account for
23 purposes of funding the state share of the free-standing diagnostic and
24 treatment center rate increases for recruitment and retention of health
25 care workers pursuant to subdivision seventeen of section twenty-eight
26 hundred seven of this chapter from the tobacco control and insurance
27 initiatives pool established for the following periods in the following
28 amounts:
29 (i) three million two hundred fifty thousand dollars for the period
30 April first, two thousand two through December thirty-first, two thou-
31 sand two;
32 (ii) three million two hundred fifty thousand dollars on an annualized
33 basis for the period January first, two thousand three through December
34 thirty-first, two thousand three; [and]
35 (iii) three million two hundred fifty thousand dollars on an annual-
36 ized basis for the period January first, two thousand four through
37 December thirty-first, two thousand four; and
38 (iv) one million six hundred twenty-five thousand dollars for the
39 period January first, two thousand five through June thirtieth, two
40 thousand five.
41 (ff) Funds shall be deposited by the commissioner, within amounts
42 appropriated, and the state comptroller is hereby authorized and
43 directed to receive for deposit to the credit of the state special
44 revenue fund - other, HCRA transfer fund, medical assistance account for
45 purposes of funding the state share of Medicaid expenditures for disa-
46 bled persons as authorized pursuant to subparagraphs twelve and thirteen
47 of paragraph (a) of subdivision one of section three hundred sixty-six
48 of the social services law from the tobacco control and insurance initi-
49 atives pool established for the following periods in the following
50 amounts:
51 (i) one million eight hundred thousand dollars for the period April
52 first, two thousand two through December thirty-first, two thousand two;
53 (ii) [five] sixteen million [two] four hundred thousand dollars on an
54 annualized basis for the period January first, two thousand three
55 through December thirty-first, two thousand three; [and]
S. 1406--B 490 A. 2106--B
1 (iii) [twenty] eighteen million [four] seven hundred thousand dollars
2 on an annualized basis for the period January first, two thousand four
3 through December thirty-first, two thousand four; and
4 (iv) fifteen million three hundred thousand dollars for the period
5 January first, two thousand five through June thirtieth, two thousand
6 five.
7 (gg) Funds shall be reserved and accumulated from year to year by the
8 commissioner and shall be available, including income from invested
9 funds, for purposes of grants to non-public general hospitals pursuant
10 to paragraph (c) of subdivision thirty of section twenty-eight hundred
11 seven-c of this article from the tobacco control and insurance initi-
12 atives pool established for the following periods in the following
13 amounts:
14 (i) up to one million three hundred thousand dollars on an annualized
15 basis for the period January first, two thousand two through December
16 thirty-first, two thousand two;
17 (ii) up to three million [four] two hundred thousand dollars on an
18 annualized basis for the period January first, two thousand three
19 through December thirty-first, two thousand three; [and]
20 (iii) up to five million six hundred thousand dollars on an annualized
21 basis for the period January first, two thousand four through December
22 thirty-first, two thousand four; and
23 (iv) up to two million eight hundred thousand dollars for the period
24 January first, two thousand five through June thirtieth, two thousand
25 five.
26 (hh) Funds shall be reserved and accumulated from year to year by the
27 commissioner and shall be available, including income from invested
28 funds, for purposes of grants to residential health care facilities for
29 financial assistance pursuant to subdivision nineteen of section twen-
30 ty-eight hundred eight of this article, from the tobacco control and
31 insurance initiatives pool established for the following periods in the
32 following amounts:
33 (i) for the period April first, two thousand two through December
34 thirty-first, two thousand two, ten million dollars;
35 (ii) for the period January first, two thousand three through December
36 thirty-first, two thousand three, [ten] nine million four hundred fifty
37 thousand dollars; [and]
38 (iii) for the period January first, two thousand four through December
39 thirty-first, two thousand four, [ten] nine million three hundred fifty
40 thousand dollars; and
41 (iv) up to five million seventy-five thousand dollars for the period
42 January first, two thousand five through June thirtieth, two thousand
43 five.
44 (ii) Funds shall be deposited by the commissioner, within amounts
45 appropriated, and the state comptroller is hereby authorized and
46 directed to receive for deposit to the credit of the state special
47 revenue funds - other, HCRA transfer fund, medical assistance account
48 for the purpose of supporting the state share of Medicaid expenditures
49 for disabled persons as authorized by sections 1619 (a) and (b) of the
50 federal social security act pursuant to the tobacco control and insur-
51 ance initiatives pool established for the following periods in the
52 following amounts:
53 (i) six million four hundred thousand dollars for the period April
54 first, two thousand two through December thirty-first, two thousand two;
55 [and]
S. 1406--B 491 A. 2106--B
1 (ii) [four] eight million [three] five hundred thousand dollars, for
2 the period January first, two thousand three through [June thirtieth,]
3 December thirty-first, two thousand three;
4 (iii) eight million five hundred thousand dollars for the period Janu-
5 ary first, two thousand four through December thirty-first, two thousand
6 four; and
7 (iv) four million three hundred thousand dollars for the period Janu-
8 ary first, two thousand five through June thirtieth, two thousand five.
9 [(ii)] (jj) Funds shall be reserved and accumulated from year to year
10 by the commissioner and shall be available, including income from
11 invested funds, for the purposes of a grant program to improve access to
12 infertility services, treatments and procedures, from the tobacco
13 control and insurance initiatives pool established for the period Janu-
14 ary first, two thousand two through December thirty-first, two thousand
15 two in the amount of [ten] nine million one hundred seventy-five thou-
16 sand dollars.
17 [(jj)] (kk) Funds shall be deposited by the commissioner, within
18 amounts appropriated, and the state comptroller is hereby authorized and
19 directed to receive for deposit to the credit of the state special
20 revenue funds -- other, HCRA transfer fund, medical assistance account
21 for purposes of funding the state share of Medicaid expenditures for
22 pharmacy services from the tobacco control and insurance initiatives
23 pool established for the following periods in the following amounts:
24 (i) thirty-eight million eight hundred thousand dollars for the period
25 January first, two thousand two through December thirty-first, two thou-
26 sand two; [and]
27 (ii) [seventy-seven] up to two hundred ninety-five million [five
28 hundred thousand] dollars for the period January first, two thousand
29 three through [June thirtieth,] December thirty-first, two thousand
30 three;
31 (iii) up to four hundred seventy-two million dollars for the period
32 January first, two thousand four through December thirty-first, two
33 thousand four; and
34 (iv) up to two hundred fifty-five million dollars for the period Janu-
35 ary first, two thousand five through June thirtieth, two thousand five.
36 [(kk)] (ll) Funds shall be deposited by the commissioner, within
37 amounts appropriated, and the state comptroller is hereby authorized and
38 directed to receive for deposit to the credit of the state special
39 revenue funds -- other, HCRA transfer fund, medical assistance account
40 for purposes of funding the state share of Medicaid expenditures related
41 to the city of New York from the tobacco control and insurance initi-
42 atives pool established for the following periods in the following
43 amounts:
44 (i) eighty-two million seven hundred thousand dollars for the period
45 January first, two thousand two through December thirty-first, two thou-
46 sand two; [and]
47 (ii) [sixty-seven] one hundred twenty-four million [five] six hundred
48 thousand dollars for the period January first, two thousand three
49 through [June thirtieth,] December thirty-first, two thousand three[.];
50 (iii) one hundred twenty-four million seven hundred thousand dollars
51 for the period January first, two thousand four through December thir-
52 ty-first, two thousand four; and
53 (iv) sixty-two million four hundred thousand dollars for the period
54 January first, two thousand five through June thirtieth, two thousand
55 five.
S. 1406--B 492 A. 2106--B
1 (mm) Funds shall be deposited by the commissioner, within amounts
2 appropriated, and the state comptroller is hereby authorized and
3 directed to receive for deposit to the credit of the state special
4 revenue funds - other, HCRA transfer fund, medical assistance account,
5 for purposes of funding the state share of services and expenses related
6 to the family health plus program including up to five million dollars
7 annually for the period January first, two thousand three through Decem-
8 ber thirty-first, two thousand four, and up to two million five hundred
9 thousand dollars for the period January first, two thousand five through
10 June thirtieth, two thousand five for administration and marketing costs
11 associated with such program established pursuant to clauses (A) and (B)
12 of subparagraph (v) of paragraph (a) of subdivision two of section three
13 hundred sixty-nine-ee of the social services law from the tobacco
14 control and insurance initiatives pool established for the following
15 periods in the following amount:
16 (i) one hundred ninety million six hundred thousand dollars for the
17 period January first, two thousand three through December thirty-first,
18 two thousand three;
19 (ii) two hundred sixty-seven million six hundred thousand dollars for
20 the period January first, two thousand four through December thirty-
21 first, two thousand four; and
22 (iii) one hundred fifty-six million eight hundred thousand dollars for
23 the period January first, two thousand five through June thirtieth, two
24 thousand five.
25 (nn) Funds shall be deposited by the commissioner, within amounts
26 appropriated, and the state comptroller is hereby authorized and
27 directed to receive for deposit to the credit of the state special
28 revenue fund - other, HCRA transfer fund, health care services account,
29 for purposes related to adult home initiatives for medicaid eligible
30 residents of residential facilities licensed pursuant to section four
31 hundred sixty-b of the social services law from the tobacco control and
32 insurance initiatives pool established for the following periods in the
33 following amounts:
34 (i) up to four million dollars for the period January first, two thou-
35 sand three through December thirty-first, two thousand three;
36 (ii) up to six million dollars for the period January first, two thou-
37 sand four through December thirty-first, two thousand four; and
38 (iii) up to four million dollars for the period January first, two
39 thousand five through June thirtieth, two thousand five.
40 2. (a) The commissioner is authorized to contract with the article
41 forty-three insurance law plans, or such other contractors as the
42 commissioner shall designate, to receive and distribute funds from the
43 tobacco control and insurance initiatives pool established pursuant to
44 this section. In the event contracts with the article forty-three insur-
45 ance law plans or other commissioner's designees are effectuated, the
46 commissioner shall conduct annual audits of the receipt and distribution
47 of such funds. The reasonable costs and expenses of an administrator as
48 approved by the commissioner, not to exceed for personnel services on an
49 annual basis five hundred thousand dollars, for collection and distrib-
50 ution of funds pursuant to this section shall be paid from such funds.
51 (b) Notwithstanding any inconsistent provision of section one hundred
52 twelve or one hundred sixty-three of the state finance law or any other
53 law, at the discretion of the commissioner without a competitive bid or
54 request for proposal process, contracts in effect for administration of
55 pools established pursuant to sections twenty-eight hundred seven-k,
56 twenty-eight hundred seven-l and twenty-eight hundred seven-m of this
S. 1406--B 493 A. 2106--B
1 article for the period January first, nineteen hundred ninety-nine
2 through December thirty-first, nineteen hundred ninety-nine may be
3 extended to provide for administration pursuant to this section and may
4 be amended as may be necessary.
5 3. Revenue from distributions pursuant to this section shall not be
6 included in gross revenue received for purposes of the assessments
7 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
8 of this article, subject to the provisions of paragraph (e) of subdivi-
9 sion eighteen of section twenty-eight hundred seven-c of this article,
10 and shall not be included in gross revenue received for purposes of the
11 assessments pursuant to section twenty-eight hundred seven-d of this
12 article, subject to the provisions of subdivision twelve of section
13 twenty-eight hundred seven-d of this article.
14 4. In the event residual funds are available in the tobacco control
15 and insurance initiatives pool established for the periods January
16 first, two thousand through June thirtieth, two thousand [three] five,
17 after allocations have been made pursuant to this section for the peri-
18 ods January first, two thousand through June thirtieth, two thousand
19 [three] five, any amount of such funds may be transferred to the health
20 care initiatives pool established pursuant to section twenty-eight
21 hundred seven-l of this article for the periods January first, two thou-
22 sand through June thirtieth, two thousand [three] five, to be allocated
23 and distributed proportionally among affected programs by the commis-
24 sioner to cover any shortfall in programs and purposes set forth in
25 subdivision one of section twenty-eight hundred seven-l of this article.
26 § 17. Section 2807-p of the public health law, as added by chapter 639
27 of the laws of 1996, subdivision 1, paragraph (a) of subdivision 3,
28 subparagraph (i) of paragraph (a) of subdivision 4 as amended and subdi-
29 vision 8 as added by chapter 1 of the laws of 1999, subparagraphs (iii)
30 and (iv) of paragraph (a) of subdivision 4 as amended by chapter 419 of
31 the laws of 2000, is amended to read as follows:
32 § 2807-p. Comprehensive diagnostic and treatment centers indigent care
33 program. 1. [The] (a) For periods prior to July first, two thousand
34 three, the commissioner is authorized to make payments to eligible diag-
35 nostic and treatment centers, to the extent of funds available therefor,
36 to assist in meeting losses resulting from uncompensated care. The
37 amount of funds available for such payments shall be the amount remain-
38 ing after the allocation provided in section seven of chapter four
39 hundred thirty-three of the laws of nineteen hundred ninety-seven.
40 (b) For periods on and after July first, two thousand three, the
41 commissioner shall, subject to the availability of federal financial
42 participation, adjust medical assistance rates of payment to assist in
43 meeting losses resulting from uncompensated care.
44 2. Definitions. (a) "Eligible diagnostic and treatment centers", for
45 purposes of this section, shall mean voluntary non-profit and publicly
46 sponsored diagnostic and treatment centers providing a comprehensive
47 range of primary health care services which can demonstrate losses from
48 disproportionate share of uncompensated care during a base period two
49 years prior to the grant period.
50 (b) "Uncompensated care need", for purposes of this section, means
51 losses from reported self-pay and free visits multiplied by the facili-
52 ty's medical assistance payment rate for the applicable distribution
53 year, offset by payments received from such patients during the report-
54 ing period.
55 3. (a) During the period January first, nineteen hundred ninety-seven
56 through September thirtieth, nineteen hundred ninety-seven and for each
S. 1406--B 494 A. 2106--B
1 fiscal year period commencing on October first thereafter through Decem-
2 ber thirty-first, nineteen hundred ninety-nine and for periods on and
3 after January first, two thousand, diagnostic and treatment centers
4 shall be eligible for allocations of funds or for rate adjustments
5 determined in accordance with this section to reflect the needs of the
6 diagnostic and treatment center for the financing of losses resulting
7 from uncompensated care.
8 (b) A diagnostic and treatment center qualifying for a distribution or
9 a rate adjustment pursuant to this section shall provide assurances
10 satisfactory to the commissioner that it shall undertake reasonable
11 efforts to maintain financial support from community and public funding
12 sources and reasonable efforts to collect payments for services from
13 third-party insurance payors, governmental payors and self-paying
14 patients.
15 (c) To be eligible for an allocation of funds or a rate adjustment
16 pursuant to this section, a diagnostic and treatment center must provide
17 a comprehensive range of primary health care services and must demon-
18 strate that a minimum of five percent of total clinic visits reported
19 during the applicable base year period were to uninsured individuals.
20 The commissioner may retrospectively reduce the allocations of funds or
21 the rate adjustments to a diagnostic and treatment center if it is
22 determined that provider management actions or decisions have caused a
23 significant reduction for the grant period in the delivery of comprehen-
24 sive primary health care services to uncompensated care residents of the
25 community.
26 4.(a) (i) The total amount of funds to be allocated and distributed
27 for uncompensated care to eligible voluntary non-profit diagnostic and
28 treatment centers for a distribution period prior to July first, two
29 thousand three in accordance with this subdivision shall be limited to
30 thirty-three percent of the funds available therefor pursuant to para-
31 graph (a) of subdivision one of this section.
32 (ii) The total amount of funds to be allocated and distributed for
33 uncompensated care to eligible publicly sponsored diagnostic and treat-
34 ment centers for a grant period prior to July first, two thousand three
35 in accordance with this subdivision shall be limited to sixty-seven
36 percent of funds available therefor pursuant to paragraph (a) of subdi-
37 vision one of this section; provided, however, that forty-one percent of
38 the amount of funds allocated for distribution to eligible publicly
39 sponsored diagnostic and treatment centers shall be available for clin-
40 ics operating under the auspices of the New York city health and hospi-
41 tals corporation as established by chapter one thousand sixteen of the
42 laws of nineteen hundred sixty-nine as amended.
43 (iii) (A) Notwithstanding the provisions of subparagraph (ii) of this
44 paragraph and any other provision of this chapter, municipalities which
45 received state aid pursuant to article two of [the public health law]
46 this chapter for the nineteen hundred eighty-nine--nineteen hundred
47 ninety state fiscal year in support of non-hospital based free-standing
48 or local health department operated general medical clinics shall
49 receive an uncompensated care grant allocation of funds on an annualized
50 basis through December thirty-first, two thousand two, of not less than
51 the amount received in the nineteen hundred eighty-nine--nineteen
52 hundred ninety state fiscal year for general medical clinics.
53 (B) For the period January first, two thousand three through June
54 thirtieth, two thousand three, each such municipality shall receive an
55 uncompensated care grant allocation of funds of not less than one-half
56 the amount calculated pursuant to clause (A) of this subparagraph.
S. 1406--B 495 A. 2106--B
1 (iv) (A) Notwithstanding any inconsistent provision of this paragraph,
2 for the period January first, nineteen hundred ninety-seven through
3 December thirty-first, nineteen hundred ninety-nine and for periods on
4 and after January first, two thousand through December thirty-first, two
5 thousand two, diagnostic and treatment centers which received an allow-
6 ance pursuant to paragraph (f) of subdivision two of section twenty-
7 eight hundred seven of this article for the period through December
8 thirty-first, nineteen hundred ninety-six shall receive an uncompensated
9 care distribution allocation of funds of not less than the amount that
10 would have been received for any losses associated with the delivery of
11 bad debt and charity care for nineteen hundred ninety-five had the
12 provisions of paragraph (f) of subdivision two of section twenty-eight
13 hundred seven of this article remained in effect.
14 (B) For the period January first, two thousand three through June
15 thirtieth, two thousand three, each such diagnostic and treatment center
16 shall receive an uncompensated care distribution allocation of funds of
17 not less than one-half the amount calculated pursuant to clause (A) of
18 this subparagraph.
19 (b) (i) A nominal payment amount for the financing of losses associ-
20 ated with the delivery of uncompensated care will be established for
21 each eligible diagnostic and treatment center. The nominal payment
22 amount shall be calculated as the sum of the dollars attributable to the
23 application of an incrementally increasing nominal coverage percentage
24 of base year period losses associated with the delivery of uncompensated
25 care for percentage increases in the relationship between base year
26 period eligible uninsured care clinic visits and base year period total
27 clinic visits according to the following scale:
28 % of eligible bad debt and charity care % of nominal financial
29 clinic visits to total visits loss coverage
30 up to 15% 50%
31 15 - 30% 75%
32 30% + 100%
33 (ii) If the sum of the nominal payment amounts for all eligible volun-
34 tary non-profit diagnostic and treatment centers or for all eligible
35 public diagnostic and treatment centers or for all clinics operating
36 under the auspices of the New York city health and hospitals corporation
37 is less than the amount allocated for uncompensated care allowances
38 pursuant to paragraph (a) of this subdivision for such diagnostic and
39 treatment centers respectively, the nominal coverage percentages of base
40 year period losses associated with the delivery of uncompensated care
41 pursuant to this scale may be increased to not more than one hundred
42 percent for voluntary non-profit diagnostic and treatment centers or for
43 public diagnostic and treatment centers or for all clinics operating
44 under the auspices of the New York city health and hospitals corporation
45 in accordance with rules and regulations adopted by the council and
46 approved by the commissioner.
47 (c) The uncompensated care allocations of funds for each eligible
48 voluntary non-profit diagnostic and treatment center shall be based on
49 the dollar value of the result of the ratio of total funds allocated for
50 distributions for voluntary non-profit diagnostic and treatment centers
51 pursuant to paragraph (a) of this subdivision to the total statewide
52 nominal payment amounts for all eligible voluntary non-profit diagnostic
53 and treatment centers determined in accordance with paragraph (b) of
54 this subdivision applied to the nominal payment amount for each such
55 diagnostic and treatment center.
S. 1406--B 496 A. 2106--B
1 (d) The uncompensated care allocations of funds for each eligible
2 public diagnostic and treatment center, other than clinics operating
3 under the auspices of the New York city health and hospitals corpo-
4 ration, shall be based on the dollar value of the result of the ratio of
5 total funds allocated for distributions for public diagnostic and treat-
6 ment centers, other than clinics operating under the auspices of the New
7 York city health and hospitals corporation, pursuant to paragraph (a) of
8 this subdivision to the total statewide nominal payment amounts for all
9 eligible public diagnostic and treatment centers, other than clinics
10 operating under the auspices of the New York city health and hospitals
11 corporation, determined in accordance with paragraph (b) of this subdi-
12 vision applied to the nominal payment amount for each such diagnostic
13 and treatment center.
14 (e) The uncompensated care grant allocations of funds for each eligi-
15 ble public diagnostic and treatment center operating under the auspices
16 of the New York city health and hospitals corporation shall be based on
17 the dollar value of the result of the ratio of total funds allocated for
18 distributions for public diagnostic and treatment centers operating
19 under the auspices of the New York city health and hospitals corporation
20 pursuant to paragraph (a) of this subdivision to the total statewide
21 nominal payment amounts for all eligible public diagnostic and treatment
22 centers operating under the auspices of the New York city health and
23 hospitals corporation determined in accordance with paragraph (b) of
24 this subdivision applied to the nominal payment amount for each such
25 diagnostic and treatment center.
26 (f) Any residual amount allocated for distribution to a classification
27 of diagnostic and treatment centers in accordance with this subdivision
28 shall be reallocated by the commissioner for distributions to the other
29 classifications based on remaining need.
30 4-a.(a)(i) For periods on and after July first, two thousand three,
31 funds shall be made available for adjustments to rates of payments made
32 pursuant to paragraph (b) of subdivision one of this section for eligi-
33 ble voluntary non-profit diagnostic and treatment centers in accordance
34 with subparagraphs (ii) and (iii) of this paragraph, for the following
35 periods in the following aggregate amounts:
36 (A) For the period July first, two thousand three through December
37 thirty-first, two thousand three, up to seven million five hundred thou-
38 sand dollars;
39 (B) For the period January first, two thousand four through December
40 thirty-first, two thousand four, up to fifteen million dollars;
41 (C) For the period January first, two thousand five through June thir-
42 tieth, two thousand five, up to seven million five hundred thousand
43 dollars.
44 (ii) A nominal payment amount for the financing of losses associated
45 with the delivery of uncompensated care will be established for each
46 eligible diagnostic and treatment center. The nominal payment amount
47 shall be calculated as the sum of the dollars attributable to the appli-
48 cation of an incrementally increasing nominal coverage percentage of
49 base year period losses associated with the delivery of uncompensated
50 care for percentage increases in the relationship between base year
51 period eligible uninsured care clinic visits and base year period total
52 clinic visits according to the following scale:
53 %ofeligiblebaddebtandcharitycare%ofnominal
54 clinicvisitstototalvisitsfinancialloss
55 coverage
56 upto15%50%
S. 1406--B 497 A. 2106--B
1 15-30%75%
2 30%+100%
3 (iii) The uncompensated care rate adjustments for each eligible volun-
4 tary non-profit diagnostic and treatment center shall be based on the
5 dollar value of the result of the ratio of total funds allocated for
6 distributions for voluntary non-profit diagnostic and treatment centers
7 pursuant to subparagraph (i) of this paragraph, to the total statewide
8 nominal payment amounts for all eligible voluntary non-profit diagnostic
9 and treatment centers determined in accordance with subparagraph (ii) of
10 this paragraph applied to the nominal payment amount for each such diag-
11 nostic and treatment center.
12 (b)(i) For periods on and after July first, two thousand three funds
13 shall be made available for adjustments to rates of payments made pursu-
14 ant to paragraph (b) of subdivision one of this section for eligible
15 public diagnostic and treatment centers, other than clinics operated
16 under the auspices of the New York city health and hospitals corpo-
17 ration, in accordance with subparagraphs (ii) and (iii) of this para-
18 graph, for the following periods in the following aggregate amounts:
19 (A) For the period July first, two thousand three through December
20 thirty-first, two thousand three, up to nine million dollars;
21 (B) For the period January first, two thousand four through December
22 thirty-first, two thousand four, up to eighteen million dollars;
23 (C) For the period January first, two thousand five through June thir-
24 tieth, two thousand five, up to nine million dollars.
25 (ii) A nominal payment amount for the financing of losses associated
26 with the delivery of uncompensated care will be established for each
27 eligible diagnostic and treatment center. The nominal payment amount
28 shall be calculated as the sum of the dollars attributable to the appli-
29 cation of an incrementally increasing nominal coverage percentage of
30 base year period losses associated with the delivery of uncompensated
31 care for percentage increases in the relationship between base year
32 period eligible uninsured care clinic visits and base year period total
33 clinic visits according to the following scale:
34 %ofeligiblebaddebtandcharitycare%ofnominalfinancial
35 clinicvisitstototalvisitslosscoverage
36 upto15%50%
37 15-30%75%
38 30%+100%
39 (iii) The uncompensated care rate adjustments for each eligible public
40 diagnostic and treatment center, other than clinics operating under the
41 auspices of the New York city health and hospitals corporation, shall be
42 based on the dollar value of the result of the ratio of total funds
43 allocated for distributions for public diagnostic and treatment centers,
44 other than clinics operating under the auspices of the New York city
45 health and hospitals corporation, pursuant to subparagraph (i) of this
46 paragraph to the total statewide nominal payment amounts for all eligi-
47 ble public diagnostic and treatment centers, other than clinics operat-
48 ing under the auspices of the New York city health and hospitals corpo-
49 ration, determined in accordance with subparagraph (ii) of this
50 paragraph applied to the nominal payment amount for each such diagnostic
51 and treatment center.
52 (c)(i) For periods on and after July first, two thousand three, funds
53 shall be made available for adjustments to rates of payments made pursu-
54 ant to paragraph (b) of subdivision one of this section for eligible
55 public diagnostic and treatment centers operating under the auspices of
56 the New York city health and hospitals corporation, in accordance with
S. 1406--B 498 A. 2106--B
1 subparagraphs (ii) and (iii) of this paragraph, for the following peri-
2 ods in the following aggregate amounts:
3 (A) For the period July first, two thousand three through December
4 thirty-first, two thousand three, up to six million dollars;
5 (B) For the period January first, two thousand four through December
6 thirty-first, two thousand four, up to twelve million dollars;
7 (C) For the period January first, two thousand five through June thir-
8 tieth, two thousand five, up to six million dollars.
9 (ii) A nominal payment amount for the financing of losses associated
10 with the delivery of uncompensated care will be established for each
11 eligible diagnostic and treatment center. The nominal payment amount
12 shall be calculated as the sum of the dollars attributable to the appli-
13 cation of an incrementally increasing nominal coverage percentage of
14 base year period losses associated with the delivery of uncompensated
15 care for percentage increases in the relationship between base year
16 period eligible uninsured care clinic visits and base year period total
17 clinic visits according to the following scale:
18 %ofeligiblebaddebtandcharitycare%ofnominalfinancial
19 clinicvisitstototalvisitslosscoverage
20 upto15%50%
21 15-30%75%
22 30%+100%
23 (iii) The uncompensated care rate adjustment, for each eligible public
24 diagnostic and treatment center operating under the auspices of the New
25 York city health and hospitals corporation shall be based on the dollar
26 value of the result of the ratio of total funds allocated for distrib-
27 utions for public diagnostic and treatment centers operating under the
28 auspices of the New York city health and hospitals corporation pursuant
29 to subparagraph (i) of this paragraph to the total statewide nominal
30 payment amounts for all eligible public diagnostic and treatment centers
31 operating under the auspices of the New York city health and hospitals
32 corporation determined in accordance with subparagraph (ii) of this
33 paragraph applied to the nominal payment amount for each such diagnostic
34 and treatment center.
35 (d) (i) Notwithstanding the provisions of paragraph (b) of this subdi-
36 vision and any other provisions of this chapter, municipalities which
37 received state aid pursuant to article two of this chapter for the nine-
38 teen hundred eighty-nine--nineteen hundred ninety state fiscal year in
39 support of non-hospital based free-standing or local health department
40 operated general medical clinics shall receive an uncompensated care
41 rate adjustment for the period July first, two thousand three through
42 December thirty-first, two thousand three, of not less than one-half the
43 amount received in the nineteen hundred eighty-nine--nineteen hundred
44 ninety state fiscal year for general medical clinics.
45 (ii) For the period January first, two thousand four through December
46 thirty-first, two thousand four, each such municipality shall receive an
47 uncompensated care rate adjustment of not less than twice the amount
48 calculated pursuant to subparagraph (i) of this paragraph.
49 (iii) For the period January first, two thousand five through June
50 thirtieth, two thousand five, each such municipality shall receive an
51 uncompensated care rate adjustment of not less than the amount calcu-
52 lated pursuant to subparagraph (i) of this paragraph.
53 (e) (i) Notwithstanding any inconsistent provision of this subdivi-
54 sion, for the period July first, two thousand three through December
55 thirty-first, two thousand three, diagnostic and treatment centers which
56 received an allowance pursuant to paragraph (f) of subdivision two of
S. 1406--B 499 A. 2106--B
1 section twenty-eight hundred seven of this article for the period
2 through December thirty-first, nineteen hundred ninety-six shall receive
3 an uncompensated care rate adjustment of not less than one-half the
4 amount that would have been received for any losses associated with the
5 delivery of bad debt and charity care for nineteen hundred ninety-five
6 had the provisions of paragraph (f) of subdivision two of section twen-
7 ty-eight hundred seven of this article remained in effect.
8 (ii) For the period January first, two thousand four through December
9 thirty-first, two thousand four, each such diagnostic and treatment
10 center shall receive an uncompensated care rate adjustment of not less
11 than twice the amount calculated pursuant to subparagraph (i) of this
12 paragraph.
13 (iii) For the period January first, two thousand five through June
14 thirtieth, two thousand five, each such diagnostic and treatment center
15 shall receive an uncompensated care rate adjustment of not less than the
16 amount calculated pursuant to subparagraph (i) of this paragraph, and
17 shall be subject to subsequent adjustment or reconciliation.
18 (f) Any residual amount allocated for distribution to a classification
19 of diagnostic and treatment centers in accordance with this subdivision
20 shall be reallocated by the commissioner for distributions to the other
21 classifications based on remaining need.
22 4-b.(a) For periods on and after July first, two thousand three funds
23 shall be made available for adjustments to rates of payment made pursu-
24 ant to paragraph (b) of subdivision one of this section for eligible
25 diagnostic and treatment centers with less than two years of operating
26 experience, and diagnostic and treatment centers which have received
27 certificate of need approval on applications which indicate a signif-
28 icant increase in uninsured visits, for the following periods and in the
29 following aggregate amounts:
30 (i) For the period July first, two thousand three through December
31 thirty-first, two thousand three, up to one million five hundred thou-
32 sand dollars;
33 (ii) For the period January first, two thousand four through December
34 thirty-first, two thousand four, up to three million dollars;
35 (iii) For the period January first, two thousand five through June
36 thirtieth, two thousand five, up to one million five hundred thousand
37 dollars.
38 (b) To be eligible for a rate adjustment pursuant to this section, a
39 diagnostic and treatment center shall be a voluntary, non-profit or
40 publicly sponsored diagnostic and treatment center providing a compre-
41 hensive range of primary health care services and be eligible to receive
42 a medicaid budgeted rate prior to April first of the applicable rate
43 adjustment period after which time, the department shall issue rate
44 adjustments pursuant to this subdivision for such periods. Rate adjust-
45 ments made pursuant to this subdivision shall be allocated based upon
46 each eligible facility's proportional share of costs for services
47 rendered to uninsured patients which have otherwise not been used for
48 establishing distributions pursuant to subdivision four-a of this
49 section. For the purposes of this subdivision costs shall be measured by
50 multiplying each facility's medicaid budgeted rate by the estimated
51 number of visits reported for services anticipated to be rendered to
52 uninsured patients meeting the aforementioned criteria, less any antic-
53 ipated patient service revenues received from such uninsured patients,
54 during the applicable rate adjustment period.
55 5. Diagnostic and treatment centers shall furnish to the department
56 such reports and information as may be required by the commissioner to
S. 1406--B 500 A. 2106--B
1 assess the cost, quality, access to, effectiveness and efficiency of
2 uncompensated care provided. The council shall adopt rules and regu-
3 lations, subject to the approval of the commissioner, to establish
4 uniform reporting and accounting principles designed to enable diagnos-
5 tic and treatment centers to fairly and accurately determine and report
6 uncompensated care visits and the costs of uncompensated care. In order
7 to be eligible for an allocation of funds pursuant to this section, a
8 diagnostic and treatment center must be [incompliance] in compliance
9 with uncompensated care reporting requirements.
10 6. Notwithstanding any inconsistent provision of law to the contrary,
11 the availability or payment of funds to a diagnostic and treatment
12 center pursuant to this section shall not be admissible as a defense,
13 offset or reduction in any action or proceeding relating to any bill or
14 claim for amounts due for services provided by a diagnostic and treat-
15 ment center.
16 7. Revenue from distributions to a diagnostic and treatment center
17 pursuant to this section shall not be included in gross revenue received
18 for purposes of the assessments pursuant to section twenty-eight hundred
19 seven-d of this article, subject to the provisions of subdivision twelve
20 of section twenty-eight hundred seven-d of this article.
21 8. (a) For periods on or after January first, two thousand through
22 June thirtieth, two thousand three, payments made to an eligible diag-
23 nostic and treatment center pursuant to this section shall be reduced or
24 increased by an amount equal to the amount of any overpayments or under-
25 payments made against grants awarded pursuant to section seven of chap-
26 ter four hundred thirty-three of the laws of nineteen hundred ninety-
27 seven for the period three years prior to the annual awards made
28 pursuant to this section.
29 (b) The determination of such overpayments or underpayments shall be
30 based on the submission by eligible facilities of reports reflecting
31 actual uncompensated care data, as required by the commissioner, which
32 are attributable to prior periods. Submission of such reports is a
33 condition for an eligible facility's receipt of payments pursuant to
34 this section.
35 (c) For any periods in which a facility does not receive payments
36 pursuant to this section, the amount of any prior period overpayment may
37 be offset against payments for medical assistance made to such facility
38 pursuant to title eleven of article five of the social services law and
39 credited to funds allocated pursuant to this section. Any prior period
40 underpayment to an eligible facility may be paid to such facility in a
41 subsequent period.
42 9. Adjustments to rates of payment made pursuant to this section may
43 be added to rates of payment or made as aggregate payments to eligible
44 diagnostic and treatment centers and shall not be subject to subsequent
45 adjustment or reconciliation.
46 § 18. Section 7 of chapter 433 of the laws of 1997, amending the
47 public health law and other laws relating to rates of reimbursement paid
48 to hospitals and residential health care facilities, as amended by chap-
49 ter 1 of the laws of 1999, is amended to read as follows:
50 § 7. Notwithstanding any inconsistent provision of law or regulation
51 to the contrary effective January 1, 1997 through [December 31, 1999,
52 and on and after January first, two thousand,] June 30, 2003, a sum of
53 6.25 percent of the total funds available pursuant to paragraph (a) of
54 subdivision one of section 2807-p of the public health law shall be
55 allocated for grants for indigent care for eligible diagnostic and
56 treatment centers with less than two years of operating experience, and
S. 1406--B 501 A. 2106--B
1 diagnostic and treatment centers which have received certificate of need
2 approval on applications which indicate a significant increase in unin-
3 sured visits. To be eligible for a grant pursuant to this section, a
4 diagnostic and treatment center shall: (a) be a voluntary, non-profit or
5 publicly sponsored diagnostic and treatment center providing a compre-
6 hensive range of primary health care services and (b) (i) for the 1997
7 grant period, be eligible to receive a medicaid budgeted rate on or
8 before the effective date of this chapter or (ii) for the 1998[, 1999
9 and subsequent] through June 30, 2003, grant periods, be eligible to
10 receive a medicaid budgeted rate prior to April 1 of the applicable
11 grant period after which time, the department of health shall award
12 grants for such periods. Awards granted pursuant to this section shall
13 be allocated based upon each eligible facility's proportional share of
14 costs for services rendered to uninsured patients which have otherwise
15 not been used for establishing distributions pursuant to section 2807-p
16 of the public health law. For the purposes of this section costs shall
17 be measured by multiplying each facility's medicaid budgeted rate by the
18 estimated number of visits reported for services anticipated to be
19 rendered to uninsured patients meeting the aforementioned criteria, less
20 any anticipated patient service revenues received from such uninsured
21 patients, during the applicable grant period.
22 § 19. Notwithstanding any law to the contrary, the commissioner of
23 health shall deposit and the state comptroller is hereby authorized and
24 directed to receive for deposit to the credit of the state special
25 revenue fund-other, CHCCDP transfer account, all federal matching funds
26 earned pursuant to the community health care conversion demonstration
27 project authorized in the amended terms and conditions included in the
28 extension of the section 1115 waiver demonstration project, which is
29 entitled the partnership plan, as approved by the secretary of the
30 federal department of health and human services and accepted by the
31 state for the extension period beginning April 1, 2003.
32 § 20. The opening paragraph of section 2952 of the public health law,
33 as amended by chapter 639 of the laws of 1996, is amended to read as
34 follows:
35 To the extent of funds available therefor, the sum of seven million
36 dollars shall annually be available for periods prior to January first,
37 two thousand three, and up to six million dollars annually for the peri-
38 od January first, two thousand three through December thirty-first, two
39 thousand four, and up to four million dollars for the period January
40 first, two thousand five through June thirtieth, two thousand five shall
41 be available to the commissioner from funds made available pursuant to
42 section twenty-eight hundred seven-l of this chapter for grants pursuant
43 to this section.
44 § 20-a. Subdivision 1 of section 2958 of the public health law, as
45 added by chapter 639 of the laws of 1996, is amended to read as follows:
46 1. To the extent of funds available therefor, the sum of ten million
47 dollars shall annually be made available for periods prior to January
48 first, two thousand three, and up to eight million three hundred thou-
49 sand dollars for the period January first, two thousand three through
50 December thirty-first, two thousand three, up to eight million two
51 hundred thousand dollars for the period January first, two thousand four
52 through December thirty-first, two thousand four, and up to three
53 million eight hundred thousand dollars for the period January first, two
54 thousand five through June thirtieth, two thousand five shall be avail-
55 able to the commissioner from funds pursuant to section twenty-eight
56 hundred seven-l of this chapter to provide assistance to general hospi-
S. 1406--B 502 A. 2106--B
1 tals classified as a rural hospital for purposes of determining payment
2 for inpatient services provided to beneficiaries of title XVIII of the
3 federal social security act (Medicare) or under state regulations, in
4 recognition of the unique costs incurred by these facilities to provide
5 hospital services in remote or sparsely populated areas pursuant to
6 [subdivisions] subdivision two [and three] of this section.
7 § 21. Subdivisions 3, 4, 5 and 6 of section 47 of chapter 2 of the
8 laws of 1998, amending the public health law, the social services law
9 and the insurance law relating to expanding the child health insurance
10 plan, as amended by section 55 of part A of chapter 1 of the laws of
11 2002, are amended to read as follows:
12 3. section six of this act shall take effect January 1, 1999;
13 provided, however, that subparagraph (iii) of paragraph (c) of subdivi-
14 sion 9 of section 2510 of the public health law, as added by this act,
15 shall expire on July 1, [2003] 2005;
16 4. sections two, three, four, seven, eight, nine, fourteen, fifteen,
17 sixteen, eighteen, eighteen-a, twenty-three, twenty-four, twenty-five
18 and twenty-nine of this act shall take effect January 1, 1999 and shall
19 expire on July 1, [2003] 2005;
20 5. section twelve of this act shall take effect January 1, 1999;
21 provided, however, paragraphs (g) and (h) of subdivision 2 of section
22 2511 of the public health law, as added by such section, shall expire on
23 July 1, [2003] 2005;
24 6. sections twenty-four-a, twenty-six and twenty-six-a of this act
25 shall expire on July 1, [2003] 2005.
26 § 22. Notwithstanding any inconsistent provision of section 112 or 163
27 of the state finance law or any other law, at the discretion of the
28 commissioner of health, without a competitive bid or request for
29 proposal process, contractual arrangements with approved organizations,
30 as defined in subdivision 2 of section 2510 of the public health law,
31 and outreach and facilitated enrollment contractors pursuant to subdivi-
32 sion 9 of section 2511 of the public health law in effect in 2002 may be
33 extended through July 1, 2005 to provide an uninterrupted continuation
34 of services and may be amended as deemed necessary.
35 § 23. Subdivision 5 of section 2807-j of the public health law, as
36 amended by chapter 1 of the laws of 1999, is amended to read as follows:
37 5. (a) Any third-party payor for services provided by a designated
38 provider of services may make an election to make payments on an aggre-
39 gated basis of funds due from the allowance determined pursuant to
40 subdivision two of this section directly to the commissioner or the
41 commissioner's designee on behalf of designated providers of services.
42 (i) The election pursuant to this paragraph to be effective must be in
43 writing, filed with the commissioner or the commissioner's designee on
44 such forms and in such manner as the commissioner shall require. An
45 election must apply to all classes of designated providers of service
46 and to all providers within each class. An election by a payor shall
47 take effect for nineteen hundred ninety-seven, on the next following
48 January first, April first, July first, or October first, and for each
49 calendar year thereafter on the next following January first, not less
50 than thirty days after the election is filed. Beginning December first,
51 nineteen hundred ninety-seven, an election pursuant to this paragraph
52 must be made no later than December first of the year prior to the
53 assessment year. However, any payor licensed pursuant to the insurance
54 law or certified pursuant to article forty-four of this chapter between
55 December first of the year prior to the assessment year and December
56 thirty-first of the assessment year may make an election subsequent to
S. 1406--B 503 A. 2106--B
1 such licensure, and during said time period, to take effect on the next
2 following January first, April first, July first or October first not
3 less than thirty days after such election is filed. Payors other than
4 those licensed pursuant to the insurance law or certified pursuant to
5 this chapter which have not provided third-party coverage prior to
6 December first of the year prior to the assessment year may make an
7 election at any time from December first of the year prior to said
8 assessment year to December thirty-first of the assessment year, to take
9 effect on the next following January first, April first, July first or
10 October first not less than thirty days after the election is filed.
11 Beginning June first, two thousand three an election by any payor or
12 organization shall begin on the first day of the month following the
13 date it was received by the commissioner.
14 (ii) An election shall remain in effect unless revoked in writing by a
15 specified third-party payor, which revocation shall be effective on the
16 first day of the next calendar year quarter, provided that such payor
17 has provided notice of its intention to so revoke at least thirty days
18 prior to the beginning of such calendar quarter.
19 (iii) A payor filing an election pursuant to this paragraph must
20 agree:
21 (A) to provide reports in accordance with the provisions of paragraph
22 (b) of subdivision seven of this section;
23 (B) to provide such certification of data and access to allowance
24 expenditure data for audit verification purposes as the commissioner
25 shall require for purposes of this section; and
26 (C) to the jurisdiction of the state to maintain an action in the
27 courts of the state of New York to enforce any provision of this section
28 related to payment of the allowances.
29 (iv) If a payor is acting in an administrative services capacity on
30 behalf of an organization, such as a self-insured fund, the consent of
31 the organization to the election and the conditions pursuant to subpara-
32 graph (iii) of this paragraph must be submitted with the election. Such
33 consent may be set forth in writing in the agreement between the payor
34 and the organization and a photocopy of that portion of the agreement
35 submitted by the payor, together with a photocopy of the signatures of
36 the organization and the payor on the agreement, shall be accepted in
37 lieu of a separate election form from the organization.
38 (v) If a payor, including a payor operating in accordance with the
39 insurance law or article forty-four of this chapter, making an election
40 pursuant to this paragraph is acting in an administrative services
41 capacity on behalf of an organization or organizations, such payor must
42 specify whether such election applies to payments on behalf of all such
43 organizations and establish, in accordance with guidelines established
44 by the superintendent of insurance, a system through which designated
45 providers of services and the commissioner can identify the status of a
46 patient as a patient for whom the election does not apply.
47 (b) The commissioner may deny a payor the opportunity to remit direct-
48 ly to the commissioner or the commissioner's designee based on repeated
49 late payments, failure to remit correct amounts, or failure to provide
50 adequate verification of the accuracy of payments. The percentage allow-
51 ance for any such payor shall be the percentage determined in accordance
52 with paragraph (b) of subdivision two of this section.
53 (c) The commissioner or the commissioner's designee shall make avail-
54 able to all designated providers of services a list of the payors which
55 have elected pursuant to this paragraph to remit payments directly.
S. 1406--B 504 A. 2106--B
1 (d) Third-party payors which have elected to make direct payments of
2 allowances and designated providers of services which, in the course of
3 an audit, commenced on or after January first, two thousand, conducted
4 by the commissioner or the commissioner's designee relating to any peri-
5 od on and after January first, nineteen hundred ninety-seven, fail to
6 produce data or documentation requested in furtherance of such audit
7 within thirty days of such request, may be assessed a civil penalty by
8 the commissioner of up to ten thousand dollars for each such failure,
9 provided, however, that such civil penalty shall not be imposed if the
10 payor or provider demonstrates good cause for the failure to timely
11 produce such data or documentation. Such penalties shall be subject to
12 the provisions of section twelve-a of this chapter.
13 § 24. Subparagraph (a) of subdivision 5-a of section 2807-j of the
14 public health law, as amended by chapter 419 of the laws of 2000, is
15 amended to read as follows:
16 (a) Payments by or on behalf of designated providers of services to
17 the commissioner or the commissioner's designee of funds due from the
18 allowances pursuant to subdivision two of this section or pursuant to
19 payment obligations incurred pursuant to section twenty-eight hundred
20 seven-s of this article or section twenty-eight hundred seven-t of this
21 article shall be made on a monthly basis, provided, however, that for
22 reporting periods relating to payments for services provided or dates of
23 inpatient discharge or contracted service obligations occurring on or
24 after January first, two thousand one, the commissioner may permit
25 certain third-party payors which have at least one full year of pool
26 payment experience to submit such payments on an annual basis, based on
27 an annual demonstration by a payor through its prior year's pool payment
28 experience that total pool obligations under this section and sections
29 twenty-eight hundred seven-s and twenty-eight hundred seven-t of this
30 article are not expected to exceed ten thousand dollars [in the current
31 pool year] for annual periods prior to January first, two thousand four,
32 and twenty-five thousand dollars for annual periods on and after January
33 first, two thousand four. Payments due by designated providers of
34 services on account of payors in accordance with paragraph (b) of subdi-
35 vision two of this section shall be two percentage points less than the
36 percentage specified in such paragraph. The designated provider of
37 services shall retain for compensation for such provider's administra-
38 tive responsibilities the amount that represents the difference.
39 Payments due by designated providers of services on account of all other
40 payors shall be calculated on the basis of the percentage allowance
41 applicable to such payor pursuant to paragraphs (d), (e), (f) and (g) of
42 subdivision two of this section. Payments shall be due on or before the
43 thirtieth day following the end of a calendar month to which an allow-
44 ance applies.
45 § 25. Paragraphs (a) and (b) of subdivision 7 of section 2807-j of the
46 public health law, paragraph (a) as added by chapter 639 of the laws of
47 1996, and paragraph (b) as amended by chapter 419 of the laws of 2000,
48 are amended to read as follows:
49 (a) Every designated provider of services shall submit reports of net
50 patient service revenues received for or on account of patient services
51 for each month which shall be in such form as may be prescribed by the
52 commissioner to accurately disclose information required to implement
53 this section. For periods on and after January first, two thousand
54 five, reports by designated providers of services shall be submitted
55 electronically in a form as may be required by the commissioner;
56 provided, however, any designated provider of services is not prohibited
S. 1406--B 505 A. 2106--B
1 from submitting reports electronically on a voluntary basis prior to
2 such date.
3 (b) (i) Every third-party payor making an election in accordance with
4 paragraph (a) of subdivision five of this section shall submit reports
5 of patient service expenditures for services provided by designated
6 providers of services for each month which shall be in such form as may
7 be prescribed by the commissioner to accurately disclose information
8 required to implement this section, provided, however, that for report-
9 ing periods relating to payments for services provided or dates of inpa-
10 tient discharge or contracted service obligations occurring on or after
11 January first, two thousand one, the commissioner may permit certain
12 third-party payors which have at least one full year of pool payment
13 experience to submit such reports on an annual basis, based on an annual
14 demonstration by a payor through its prior year's pool payment experi-
15 ence that total pool obligations under this section and sections twen-
16 ty-eight hundred seven-s and twenty-eight hundred seven-t of this arti-
17 cle are not expected to exceed ten thousand dollars [in the current pool
18 year] for annual periods prior to January first, two thousand four, and
19 twenty-five thousand dollars for annual periods on and after January
20 first, two thousand four.
21 (ii) For periods on and after July first, two thousand four, reports
22 submitted on a monthly basis by third-party payors in accordance with
23 subparagraph (i) of this paragraph and reports submitted on a monthly or
24 annual basis by payors acting in an administrative services capacity on
25 behalf of electing third-party payors in accordance with subparagraph
26 (i) of this paragraph shall be made electronically in a form as may be
27 required by the commissioner; provided, however, any third-party payor,
28 except payors acting in an administrative services capacity on behalf of
29 electing third-party payors, which, on or after January first, two thou-
30 sand four, elects to make payments directly to the commissioner or the
31 commissioner's designee pursuant to subdivision five of this section,
32 shall be subject to this subparagraph only after one full year of pool
33 payment experience which results in reports being submitted on a monthly
34 basis. This subparagraph shall not be interpreted to prohibit any third-
35 party payor from submitting reports electronically on a voluntary basis.
36 § 26. Paragraph (b) of subdivision 20 of section 2807-c of the public
37 health law, as amended by chapter 731 of the laws of 1993, is amended to
38 read as follows:
39 (b) (i) Payments by or on behalf of general hospitals to the bad debt
40 and charity care and capital statewide pool of funds due from the
41 assessments pursuant to subdivision eighteen of this section shall be
42 made on a time schedule established by the council, subject to the
43 approval of the commissioner, by regulation; provided, however, that
44 estimated payments of amounts due for patients discharged in a calendar
45 month commencing on or after October first, nineteen hundred ninety-one
46 must be made within sixty days of the end of each month unless payments
47 of actual amounts due for such calendar months have been made within
48 such sixty day time period. Upon receipt of notification from the
49 commissioner, the comptroller, or a fiscal intermediary designated by
50 the director of the budget, [or the commissioner of social services,] or
51 a corporation organized and operating in accordance with article forty-
52 three of the insurance law or an organization operating in accordance
53 with article forty-four of this chapter shall withhold from the amount
54 of any payment to be made by the state or such article forty-three
55 corporation or article forty-four organization to a general hospital the
56 amount of any arrearage resulting from such general hospital's failure
S. 1406--B 506 A. 2106--B
1 to make a timely payment to the bad debt and charity care and capital
2 statewide pool of funds due from the assessments. Upon withholding such
3 amount, the comptroller, or a designated fiscal intermediary, [or the
4 commissioner of social services,] or a corporation organized and operat-
5 ing in accordance with article forty-three of the insurance law or an
6 organization operating in accordance with article forty-four of this
7 chapter shall pay the commissioner, or his designee, such amount with-
8 held for deposit into the applicable pool. Any general hospital in
9 arrears resulting from failure to make a timely payment to the bad debt
10 and charity care and capital statewide pool shall not be eligible for a
11 distribution from the bad debt and charity care regional pools in
12 accordance with subdivision seventeen of this section or the bad debt
13 and charity care and capital statewide pool in accordance with subdivi-
14 sion nineteen of this section until such arrearage is satisfied.
15 (ii) For periods on and after January first, two thousand five,
16 reports submitted by general hospitals to implement the assessment set
17 forth in subdivision eighteen of this section shall be submitted elec-
18 tronically in a form as may be required by the commissioner; provided,
19 however, general hospitals are not prohibited from submitting reports
20 electronically on a voluntary basis prior to such date.
21 § 27. Notwithstanding any provision of law, rule or regulation to the
22 contrary, assessments and allowances due for any period prior to January
23 1, 2003, which are paid in full and accompanied by appropriate reports
24 pursuant to sections 2807-j, 2807-s, 2807-t, paragraph (a) of subdivi-
25 sion 18 of section 2807-c or subdivision 20 of section 2807-c of the
26 public health law and which have already been or are received on or
27 before December 31, 2003, shall not be subject to interest or penalties
28 as otherwise provided in sections 2807-j, 2807-s, 2807-t or 2807-c of
29 the public health law, provided, however, that payments accompanied by
30 partially complete reports (including missing election forms) shall be
31 accepted as long as the commissioner of health determines that suffi-
32 cient information is (or already has been) submitted by the payor to
33 identify the payor, the organization and the payments and provided that
34 the payer shall submit complete reports at a later time as determined by
35 the commissioner of health; provided, further, however that with regard
36 to all assessment, interest and penalty amounts billed and collected by
37 the commissioner of health pursuant to subdivision 8 of section 2807-j
38 or subdivision 18 or 20 of section 2807-c of the public health law by
39 the effective date of this act the interest and penalty provisions of
40 sections 2807-j, 2807-s, 2807-t and 2807-c of the public health law
41 shall remain in full force and effect and such amounts collected shall
42 not be subject to further reconciliation or adjustment and further
43 provided that the provisions of this section shall not apply to any
44 assessment payment made in response to an audit finding made by the
45 commissioner of health or the commissioner of health's designee. In the
46 event such commissioner accepts payments pursuant to this section where
47 an election form is missing or incomplete, the election form from the
48 payor and organization shall be deemed to have been filed (and the
49 organization and the payor shall be as legally bound by the terms of the
50 election form as if it had signed and filed the election) and neither
51 the payor nor the organization shall subsequently refuse to abide by the
52 terms of the election form for any year in which payments were submitted
53 and accepted pursuant to this section.
54 § 28. Subdivision 1 of section 859 of the general municipal law is
55 amended by adding a new paragraph (f) to read as follows:
S. 1406--B 507 A. 2106--B
1 (f) Within thirty days after completion, a copy of an audited finan-
2 cial statement which contains transactions of or bonds or notes of civic
3 facilities as defined in paragraph (b) of subdivision thirteen of
4 section eight hundred fifty-four of this article, shall be transmitted
5 by the agency to the commissioner of health, the chair of the senate
6 finance committee, the chair of the assembly ways and means committee,
7 the chair of the senate health committee and the chair of the assembly
8 health committee.
9 § 29. Subdivision 1 of section 76 of chapter 731 of the laws of 1993,
10 amending the public health law and other laws relating to reimbursement,
11 delivery and capital costs of ambulatory health care services and inpa-
12 tient hospital services, as amended by chapter 1 of the laws of 1999, is
13 amended to read as follows:
14 (1) sections two through twenty-one, thirty through thirty-two, thir-
15 ty-four through thirty-seven, forty-six, fifty through fifty-two,
16 fifty-four, fifty-six, fifty-seven, fifty-nine through sixty-seven and
17 seventy through seventy-four of this act shall take effect on January 1,
18 1994, provided, however, that:
19 (a) section 2904-c of the public health law as added by section four-
20 teen of this act, and sections fifty-one, fifty-two, sixty-two, and
21 sixty-three of this act shall expire June 30, 1996; and
22 (b) sections fifteen through nineteen, subdivision 3 of section 2807-e
23 of the public health law as added by section twenty of this act, and
24 section seventy-four of this act shall expire on June 30, [2003] 2005;
25 § 30. Paragraph (a) of subdivision 12 of section 367-b of the social
26 services law, as amended by chapter 1 of the laws of 1999, is amended to
27 read as follows:
28 (a) For the purpose of regulating cash flow for general hospitals, the
29 department shall develop and implement a payment methodology to provide
30 for timely payments for inpatient hospital services eligible for case
31 based payments per discharge based on diagnosis-related groups provided
32 during the period January first, nineteen hundred eighty-eight through
33 June thirtieth, two thousand [three] five, by such hospitals which elect
34 to participate in the system.
35 § 31. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of
36 the laws of 1978, relating to providing for a comprehensive survey of
37 health care financing, education and illness prevention and creating
38 councils for the conduct thereof, as amended by chapter 1 of the laws of
39 1999, is amended to read as follows:
40 (i) oversight and evaluation of the inpatient financing system in
41 place for 1988 through June 30, [2003] 2005, and the appropriateness and
42 effectiveness of the bad debt and charity care financing provisions;
43 § 32. Section 2 of chapter 600 of the laws of 1986, amending the
44 public health law relating to the development of pilot reimbursement
45 programs for ambulatory care services, as amended by chapter 1 of the
46 laws of 1999, is amended to read as follows:
47 § 2. This act shall take effect immediately, except that this act
48 shall expire and be of no further force and effect on and after June 30,
49 [2003] 2005; provided, however, that the commissioner of health shall
50 submit a report to the governor and the legislature detailing the objec-
51 tive, impact, design and computation of any pilot reimbursement program
52 established pursuant to this act, on or before March 31, 1994 and annu-
53 ally thereafter. Such report shall include an assessment of the finan-
54 cial impact of such payment system on providers, as well as the impact
55 of such system on access to care.
S. 1406--B 508 A. 2106--B
1 § 33. Section 11 of chapter 753 of the laws of 1989, amending the
2 public health law and other laws relating to general hospital reimburse-
3 ment for inpatient and ambulatory surgery, as amended by chapter 1 of
4 the laws of 1999, is amended to read as follows:
5 § 11. This act shall take effect immediately; provided, however, that
6 section one shall expire and have no further force or effect on or after
7 June 30, [2003] 2005, section two of this act shall be deemed to have
8 been in full force and effect on and after January 1, 1988, sections
9 three through eight of this act shall be deemed to have been in full
10 force and effect on and after January 1, 1989, and that the amendments
11 made to section 2807-c of the public health law by sections two through
12 six of this act shall expire on the same date as such section expires.
13 § 34. (1) Notwithstanding any inconsistent provision of law, rule or
14 regulation, the commissioner of health is authorized to transfer within
15 amounts appropriated and the state comptroller is authorized and
16 directed to receive for deposit to the credit of the department of
17 health's special revenue fund - other, miscellaneous special revenue
18 fund - 339, provider collection monitoring account, five hundred thou-
19 sand dollars ($500,000), or so much thereof as may be necessary, annual-
20 ly of funds collected and accumulated pursuant to section 2807-v of the
21 public health law, including income from invested funds, for the purpose
22 of payment for administrative costs of the department of health related
23 to administration of statutory duties for the collections and distrib-
24 utions authorized by section 2807-v of the public health law.
25 (2) Notwithstanding any inconsistent provision of law, rule or regu-
26 lation, the commissioner of health is authorized to transfer and the
27 comptroller is authorized to deposit five hundred thousand dollars
28 ($500,000), or so much thereof as may be necessary, annually of funds
29 collected and accumulated and interest earned through surcharges on
30 payments for health care services pursuant to section 2807-s of the
31 public health law and from assessments pursuant to section 2807-t of the
32 public health law for the purpose of payment for administrative costs of
33 the department of health related to administration of statutory duties
34 for the collections and distributions authorized by sections 2807-s,
35 2807-t, and 2807-m of the public health law into such accounts estab-
36 lished within the department of health for such purposes.
37 (3) Notwithstanding any inconsistent provision of law, rule or regu-
38 lation, the commissioner of health is authorized to transfer and the
39 comptroller is authorized to deposit, within amounts appropriated, those
40 funds authorized for distribution in accordance with the provisions of
41 paragraph (a) of subdivision 1 of section 2807-l of the public health
42 law for the purposes of payment for administrative costs of the depart-
43 ment of health related to the child health insurance plan program
44 authorized pursuant to title 1-A of article 25 of the public health law
45 into the special revenue funds - other, miscellaneous special revenue
46 fund - 339, child health insurance account established within the
47 department of health.
48 (4) Notwithstanding any inconsistent provision of law, rule or regu-
49 lation, the commissioner of health is authorized to transfer and the
50 comptroller is authorized to deposit, within amounts appropriated, those
51 funds authorized for distribution in accordance with the provisions of
52 paragraph (e) of subdivision 1 of section 2807-1 of the public health
53 law for the purpose of payment for administrative costs of the depart-
54 ment of health related to the health occupation development and work-
55 place demonstration program established pursuant to section 2807-h and
56 the health workforce retraining program established pursuant to section
S. 1406--B 509 A. 2106--B
1 2807-g of the public health law into the special revenue funds - other,
2 miscellaneous special revenue fund - 339, health occupation development
3 and workplace demonstration program account established within the
4 department of health.
5 (5) Notwithstanding any inconsistent provision of law, rule or regu-
6 lation, the commissioner of health is authorized to transfer and the
7 comptroller is authorized to deposit two million dollars ($2,000,000),
8 or so much thereof as may be necessary, annually of funds allocated
9 pursuant to paragraph (j) of subdivision 1 of section 2807-v of the
10 public health law for the purpose of payment for administrative costs of
11 the department of health related to administration of the state's tobac-
12 co control programs and cancer services provided pursuant to sections
13 2807-r and 1399-ii of the public health law into such accounts estab-
14 lished within the department of health for such purposes.
15 (6) Notwithstanding any inconsistent provision of law, rule or regu-
16 lation, the commissioner of health is authorized to transfer and deposit
17 six hundred fifty thousand dollars ($650,000), or so much thereof as may
18 be necessary, annually of funds authorized for distribution in accord-
19 ance with the provisions of section 2807-l of the public health law from
20 monies accumulated and interest earned through funds authorized for
21 distribution in accordance with the provisions of section 2807-l of the
22 public health law for the purpose of payment for administrative costs of
23 the department of health related to programs funded pursuant to section
24 2807-l of the public health law into the special revenue funds - other,
25 miscellaneous special revenue fund - 339, primary care initiatives moni-
26 toring account established within the department of health.
27 (7) Notwithstanding any inconsistent provision of law, rule or regu-
28 lation, the commissioner of health is authorized to transfer and deposit
29 one hundred thousand dollars ($100,000), or so much thereof as may be
30 necessary, annually of funds authorized for distribution in accordance
31 with the provisions of section 2807-l of the public health law for the
32 purposes of payment for administrative costs of the department of health
33 related to the programs funded pursuant to section 2807-l of the public
34 health law into the special revenue funds - other, miscellaneous special
35 revenue fund - 339, primary care initiatives monitoring account estab-
36 lished within the department of health.
37 (8) Notwithstanding any inconsistent provision of law, rule or regu-
38 lation, the commissioner of health is authorized to transfer and the
39 comptroller is authorized to deposit, within amounts appropriated, the
40 funds authorized for distribution in accordance with the provisions of
41 section 2807-l of the public health law for the purposes of payment for
42 administrative costs of the department of health related to the programs
43 funded pursuant to section 2807-l of the public health law into the
44 special revenue funds - other, miscellaneous special revenue fund - 339,
45 pilot health insurance account established within the department of
46 health.
47 (9) Notwithstanding any inconsistent provision of law, rule or regu-
48 lation, the commissioner of health is authorized to transfer and the
49 comptroller is authorized to deposit, within amounts appropriated, those
50 funds authorized for distribution in accordance with the provisions of
51 subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c
52 of the public health law from monies accumulated and interest earned in
53 the bad debt and charity care and capital statewide pools through an
54 assessment charged to general hospitals pursuant to the provisions of
55 subdivision 18 of section 2807-c of the public health law and those
56 funds authorized for distribution in accordance with the provisions of
S. 1406--B 510 A. 2106--B
1 section 2807-l of the public health law for the purposes of payment for
2 administrative costs of the department of health related to monitoring
3 the implementation and effectiveness of programs funded under section
4 2807-l of the public health law into the special revenue funds - other,
5 miscellaneous special revenue fund - 339, primary care initiatives moni-
6 toring account established within the department of health.
7 (10) Notwithstanding any inconsistent provision of law, rule or regu-
8 lation, the commissioner of health is authorized to transfer and the
9 comptroller is authorized to deposit, within amounts appropriated, those
10 funds authorized for distribution in accordance with section 2807-l of
11 the public health law for the purposes of payment for administrative
12 costs of the department of health related to programs funded under
13 section 2807-l of the public health law into the special revenue funds -
14 other, miscellaneous special revenue fund - 339, health care delivery
15 improvement grant administration account established within the depart-
16 ment of health.
17 (11) Notwithstanding any inconsistent provision of law, rule or regu-
18 lation, the commissioner of health is authorized to transfer and the
19 comptroller is authorized to deposit, within amounts appropriated, those
20 funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the
21 public health law and section 367-i of the social services law and for
22 distribution in accordance with the provisions of subdivision 9 of
23 section 2807-j of the public health law for the purpose of payment for
24 administration of statutory duties for the collections and distributions
25 authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
26 and 3614-b of the public health law and section 367-i of the social
27 services law into the special revenue funds - other, miscellaneous
28 special revenue fund - 339, provider collection monitoring account
29 established within the department of health.
30 § 35. Paragraph (a) of subdivision 4 of section 2807-j of the public
31 health law, as added by chapter 639 of the laws of 1996, is amended to
32 read as follows:
33 (a) The commissioner is authorized to contract with the article
34 forty-three insurance law plans, or such other contractors as the
35 commissioner shall designate, to receive and distribute funds from the
36 allowances established pursuant to this section, and funds from the
37 assessments established pursuant to subdivision eighteen of section
38 twenty-eight hundred seven-c of this article. In the event contracts
39 with the article forty-three insurance law plans or other commissioner's
40 designees are effectuated, the commissioner shall conduct annual audits
41 of the receipt and distribution of the funds. The reasonable costs and
42 expenses of an administrator as approved by the commissioner, not to
43 exceed for personnel services on an annual basis [six hundred thousand]
44 two million two hundred thousand dollars for collection and distribution
45 of allowances and assessments established pursuant to this section and
46 subdivision eighteen of section twenty-eight hundred seven-c of this
47 article [and four hundred thousand dollars for distributions of funds
48 from the allowances established pursuant to this section and assessments
49 established pursuant to subdivision eighteen of section twenty-eight
50 hundred seven-c of this article], shall be paid from the allowance and
51 assessment funds.
52 § 36. Paragraph (a) of subdivision 4 of section 2807-s of the public
53 health law, as added by chapter 639 of the laws of 1996, is amended to
54 read as follows:
55 (a) The commissioner is authorized to contract with the article
56 forty-three insurance law plans, or such other contractors as the
S. 1406--B 511 A. 2106--B
1 commissioner shall designate, to receive and distribute funds from the
2 allowances established pursuant to this section and funds from the
3 assessments established pursuant to section twenty-eight hundred seven-t
4 of this article. In the event contracts with the article forty-three
5 insurance law plans or other commissioner's designees are effectuated,
6 the commissioner shall conduct annual audits of the receipt and distrib-
7 ution of the funds. The reasonable costs and expenses of an administra-
8 tor as approved by the commissioner, not to exceed for personnel
9 services on an annual basis [four hundred] eight hundred fifty thousand
10 dollars for collection and distribution of allowances established pursu-
11 ant to this section and assessments established pursuant to this section
12 and assessments established pursuant to section twenty-eight hundred
13 seven-t of this article shall be paid from the allowance and assessment
14 funds.
15 § 37. Paragraph (e) of subdivision 2 of section 4 of section 1 of
16 chapter 703 of the laws of 1988, relating to enacting the expanded
17 health care coverage act of nineteen hundred eighty-eight and amending
18 the insurance law and others laws relating to expanded health care and
19 catastrophic health care coverage, as added by chapter 1 of the laws of
20 1999, is amended to read as follows:
21 (e) Applications for enrollment in the individual subsidy program will
22 not be accepted on and after January first, two thousand one; provided,
23 however, individuals and families who are otherwise eligible to receive
24 benefits under such program and are enrolled prior to January first, two
25 thousand one, may remain enrolled in such program until December thir-
26 ty-first, two thousand [three] five.
27 § 38. Section 206 of the public health law is amended by adding a new
28 subdivision 19 to read as follows:
29 19. (a) The commissioner shall ensure that any contracts entered into,
30 renewed, extended, modified or in any way made or continued with enti-
31 ties pursuant to article twenty-eight of this chapter to receive,
32 distribute and otherwise administer funds for the pools specified in
33 this subdivision, require such pool administrators to submit directly to
34 the temporary president of the senate and the speaker of the assembly
35 quarterly reports on the collection, pooling and distribution of funds
36 pursuant to the following sections of this chapter:
37 (i) paragraph (a) of subdivision eighteen of section twenty-eight
38 hundred seven-c of this chapter, providing for a one percent assessment
39 on hospital revenues;
40 (ii) section twenty-eight hundred seven-j, establishing allowances on
41 net patient service revenues;
42 (iii) section twenty-eight hundred seven-k, establishing the general
43 hospital indigent care pool;
44 (iv) section twenty-eight hundred seven-l, establishing the health
45 care initiatives pool;
46 (v) section twenty-eight hundred seven-m, establishing regional
47 professional education pools;
48 (vi) section twenty-eight hundred seven-s, establishing professional
49 education pool funding;
50 (vii) section twenty-eight hundred seven-t, establishing assessments
51 on covered lives; and
52 (viii) section twenty-eight hundred seven-v, establishing tobacco
53 control and insurance initiatives pool.
54 The commissioner shall assist such pool administrators, as necessary,
55 in the fulfillment of this requirement.
S. 1406--B 512 A. 2106--B
1 (b) Reports filed pursuant to paragraph (a) of this subdivision shall,
2 at a minimum, for each quarterly period
3 (i) profile, as of the end of each quarter and based on the available
4 data, all revenue collected pursuant to each source specified in subpar-
5 agraphs (i), (ii), (vi) and (vii) of paragraph (a) of this subdivision,
6 as well as revenue collected for deposit into the pools specified in
7 subparagraph (viii) of such paragraph, further reported, as applicable,
8 according to each category of payer, including, but not limited to,
9 medical assistance, private insurance, employer benefit plans, workers'
10 compensation, no-fault, cigarette taxes, tobacco settlement funds, and
11 the public asset established pursuant to sections four thousand three
12 hundred one and seven thousand three hundred seventeen of the insurance
13 law;
14 (ii) profile, as of the end of each quarter and based on the available
15 data, aggregate revenue, by source, deposited for the quarter, into each
16 pool specified in subparagraphs (iii), (iv), (v), and (viii) of para-
17 graph (a) of this subdivision as well as the fund balances for each such
18 pool as of the end of each quarter; and
19 (iii) profile, as of the end of each quarter and based on the avail-
20 able data, every disbursement from each pool specified in subparagraphs
21 (iii), (iv), (v) and (viii) of paragraph (a) of this subdivision,
22 further reported, as applicable, according to and indicative of each
23 allocation specified for such pool, and further reported according to
24 and indicative of each recipient of funds from each such allocation,
25 except allocations made pursuant to subparagraph (iii) of paragraph (c)
26 of subdivision one of section twenty-eight hundred seven-l of this chap-
27 ter, and further indicative of the status of funding for each such
28 recipient.
29 (c) The reports required by paragraph (a) of this subdivision shall
30 cover the periods January through March, April through June, July
31 through September and October through December and shall be submitted no
32 later than forty-five days following the last day of the quarterly peri-
33 od covered by the report. Reports shall be submitted in both written and
34 electronic form.
35 (d) The commissioner shall also ensure that any such contracts require
36 such entities, beginning August first, two thousand three and no later
37 than the twelfth day of each month thereafter, to report to the comp-
38 troller in an electronic and written format the beginning pool balances,
39 receipts collected by source, the disbursements made by purpose, the
40 amount and nature of any transfers made among such pools, and the ending
41 pool balances for the pools described in subparagraphs (i), (ii) and
42 (iii) of paragraph (b) of this subdivision and at the same level of
43 specificity required by such paragraph. The comptroller shall include
44 such information in the monthly report required by subdivision nine-a of
45 section eight of the state finance law. Any additional expenses incurred
46 by the entity as a result of this paragraph shall be borne by the
47 department of health.
48 § 39. Section 308 of the insurance law is amended by adding a new
49 subsection (f) to read as follows:
50 (f) The superintendent shall ensure that any contracts entered into,
51 modified, extended or in any way made or continued with an organization
52 or administrator to receive, distribute and otherwise administer funds
53 for the pools specified in section eighteen of chapter two hundred twen-
54 ty-six of the laws of nineteen hundred eighty-six and sections three
55 thousand two hundred thirty-three, four thousand three hundred twenty-
56 one-a and four thousand three hundred twenty-seven of this chapter,
S. 1406--B 513 A. 2106--B
1 shall require such organization or pool administrator to submit the
2 reports required pursuant to section two hundred six of the public
3 health law at the time and in the format and manner specified in such
4 section.
5 § 40. Notwithstanding any inconsistent provision of law, rule or regu-
6 lation, the effectiveness of subdivisions 4, 7, 7-a and 7-b of section
7 2807 of the public health law and section 18 of chapter 2 of the laws of
8 1998, as they relate to time frames for notice, approval or certif-
9 ication of rates of payment, and to the requirement of prior notice of
10 rates of payment, are hereby suspended and shall, for purposes of imple-
11 menting the provisions of this act, be deemed to have been without any
12 force or effect from and after November 1, 2002 for such rates effective
13 for the period January 1, 2003 through December 31, 2003.
14 § 41. Severability clause. If any clause, sentence, paragraph, subdi-
15 vision, section or part of this act shall be adjudged by any court of
16 competent jurisdiction to be invalid, such judgment shall not affect,
17 impair or invalidate the remainder thereof, but shall be confined in its
18 operation to the clause, sentence, paragraph, subdivision, section or
19 part thereof directly involved in the controversy in which such judgment
20 shall have been rendered. It is hereby declared to be the intent of the
21 legislature that this act would have been enacted even if such invalid
22 provisions had not been included herein.
23 § 42. This act shall take effect immediately, provided, however, that:
24 1. The amendments to section 2807-s of the public health law made by
25 sections four, five, six, ten, thirteen and forty-four of this act shall
26 not affect the expiration of such section and shall be deemed to expire
27 therewith;
28 2. The amendments to section 2807-j of the public health law made by
29 sections three, eight, twenty-three, twenty-nine, thirty, thirty-one and
30 forty-three of this act shall not affect the expiration of such section
31 and shall be deemed to expire therewith;
32 3. The amendments to paragraph (h) of subdivision 2 of section 2511 of
33 the public health law, made by section twenty-two of this act, shall not
34 affect the expiration of such paragraph, as provided in subdivision 5 of
35 section 47 of chapter 2 of the laws of 1998, as amended;
36 4. The amendment made to paragraph (j) of subdivision 2 of section
37 2511 of the public health law, made by section twenty-two of this act
38 shall take effect on the same date as section 45 of part A of chapter 1
39 of the laws of 2002, as amended;
40 5. Sections forty-five through forty-eight of this act shall take
41 effect July 1, 2003;
42 6. Sections thirty-five and thirty-six of this act shall take effect
43 immediately and shall be deemed to have been in full force and effect on
44 and after April 1, 2001;
45 7. Provided, however, that any rules or regulations necessary to
46 implement the provisions of this act may be promulgated and any proce-
47 dures, forms, or instructions necessary for such implementation may be
48 adopted and issued on or after the date this act shall have become a
49 law;
50 8. This act shall not be construed to alter, change, affect, impair or
51 defeat any rights, obligations, duties or interests accrued, incurred or
52 conferred prior to the enactment of this act;
53 9. The commissioner of health and the superintendent of insurance and
54 any appropriate council may take any steps necessary to implement this
55 act prior to its effective date;
S. 1406--B 514 A. 2106--B
1 10. Notwithstanding any inconsistent provision of the state adminis-
2 trative procedure act or any other provision of law, rule or regulation,
3 the commissioner of health and the superintendent of insurance and any
4 appropriate council is authorized to adopt or amend or promulgate on an
5 emergency basis any regulation he or she or such council determines
6 necessary to implement any provision of this act on its effective date;
7 11. The provisions of this act shall become effective notwithstanding
8 the failure of the commissioner of health or the superintendent of
9 insurance or any council to adopt or amend or promulgate regulations
10 implementing this act; and
11 12. Nothing contained in this act shall be deemed to affect the appli-
12 cation, qualification, expiration, reversion or repeal of any provision
13 of law amended by any section of this act and the provisions of this act
14 shall be applied or qualified or shall expire or revert or be deemed
15 repealed in the same manner, to the same extent and on the same date as
16 the case may be as otherwise provided by law.
17 PART B3
18 Section 1. Paragraph (a) of subdivision 8 of section 2541 of the
19 public health law, as added by chapter 428 of the laws of 1992, is
20 amended to read as follows:
21 (a) "Eligible child" means an infant or toddler from birth through age
22 two who has a disability; provided, however, that any toddler with a
23 disability who has been determined to be eligible for program services
24 under section forty-four hundred ten of the education law and:
25 (i) who turns three years of age on or before the thirty-first day of
26 August shall, if requested by the parent, be eligible to receive early
27 intervention services contained in an IFSP until the first day of
28 September of that calendar year; or
29 (ii) who turns three years of age on or after the first day of Septem-
30 ber shall, if requested by the parent and if already receiving services
31 pursuant to this title, be eligible to continue receiving such services
32 until the second day of January of the following calendar year.
33 § 2. Section 2543 of the public health law is amended by adding a new
34 subdivision 3 to read as follows:
35 3. The parent of the eligible child shall provide and the early inter-
36 vention official shall collect such information and or documentation as
37 is necessary and sufficient to determine the eligible child's third
38 party payor coverage and to seek payment from all third party payors
39 including the medical assistance program and other governmental agency
40 payors.
41 § 3. Section 2544 of the public health law is amended by adding a new
42 subdivision 11 to read as follows:
43 11. Notwithstanding any other provision of law to the contrary, where
44 a request has been made to review an IFSP prior to the six-month inter-
45 val provided in subdivision seven of section twenty-five hundred forty-
46 five of this title for purposes of increasing frequency or duration of
47 an approved service, including service coordination, the early inter-
48 vention official may require an additional evaluation or partial evalu-
49 ation at public expense by an approved evaluator other than the current
50 provider of service, with parent consent.
51 § 4. Section 2548 of the public health law, as added by chapter 428 of
52 the laws of 1992, is amended to read as follows:
53 § 2548. Transition plan. To the extent that a toddler with a disabil-
54 ity is thought to be eligible for services pursuant to section forty-
S. 1406--B 515 A. 2106--B
1 four hundred ten of the education law, the early intervention official
2 shall [notify] refer the child in writing to the committee on preschool
3 special education of the local school district in which an eligible
4 child resides [of the potential transition of such child] and, with
5 parental consent, [ensure that] arrange for a conference [is convened]
6 among the service coordinator, the parent and the chairperson of the
7 preschool committee on special education or his or her designee [at
8 least ninety days] to be held before [such child would be eligible for
9 services under section forty-four hundred ten of the education law] the
10 child reaches the age of two years and six months to review the child's
11 program options and to establish a transition plan, if appropriate. If
12 a parent does not consent to a conference with the service coordinator
13 and the chairperson of the preschool committee on special education or
14 his or her designee to determine whether the child is eligible for
15 services under section forty-four hundred ten of the education law, and
16 the child is therefore not determined to be eligible for such services
17 prior to the child's third birthday, the child's eligibility for early
18 intervention program services shall end at the child's third birthday.
19 § 5. Subdivision 2 of section 2550 of the public health law, as added
20 by chapter 428 of the laws of 1992, is amended to read as follows:
21 2. In meeting the requirements of subdivision one of this section, the
22 lead agency shall adopt and use proper methods of administering the
23 early intervention program, including:
24 (a) establishing standards for evaluators, service coordinators and
25 providers of early intervention services;
26 (b) approving, and periodically re-approving evaluators, service coor-
27 dinators and providers of early intervention services who meet depart-
28 ment standards;
29 (c) compiling and disseminating to the municipalities lists of
30 approved evaluators, service coordinators and providers of early inter-
31 vention services;
32 [(b)] (d) monitoring of agencies, institutions and organizations under
33 this title and agencies, institutions and organizations providing early
34 intervention services which are under the jurisdiction of a state early
35 intervention service agency;
36 [(c)] (e) enforcing any obligations imposed on those agencies under
37 this title or Part H of the federal individuals with disabilities educa-
38 tion act and its regulations;
39 [(d)] (f) providing training and technical assistance to those agen-
40 cies, institutions and organizations, including initial and ongoing
41 training and technical assistance to municipalities to help enable them
42 to identify, locate and evaluate eligible children, develop IFSPs,
43 ensure the provision of appropriate early intervention services, promote
44 the development of new services, where there is a demonstrated need for
45 such services and afford procedural safeguards to infants and toddlers
46 and their families;
47 [(e)] (g) correcting deficiencies that are identified through monitor-
48 ing; and
49 [(f)] (h) in monitoring early intervention services, the commissioner
50 shall provide municipalities with the results of any review of early
51 intervention services undertaken and shall provide the municipalities
52 with the opportunity to comment thereon.
53 § 6. Section 2552 of the public health law is amended by adding a new
54 subdivision 4 to read as follows:
55 4. The early intervention official shall require an eligible child's
56 parent to furnish the parents' and eligible child's social security
S. 1406--B 516 A. 2106--B
1 numbers for the purpose of the department's and municipality's adminis-
2 tration of the program.
3 § 7. Subdivisions 3 and 4 of section 2557 of the public health law, as
4 added by chapter 428 of the laws of 1992, are amended and a new subdivi-
5 sion 5 is added to read as follows:
6 3. [Such] The department may perform audits, which may include site
7 visitation, to all or any of the following: municipalities; service
8 coordinators; evaluators or providers of early intervention services.
9 The department shall provide the municipalities with a copy of the find-
10 ings of such audits. Early intervention program state aid reimbursement
11 or portion thereof may be withheld if, on post-audit and review, the
12 commissioner finds that the early intervention services were not
13 provided or those provided were not in substantial conformance with the
14 rules and regulations established by the commissioner or that the recip-
15 ient of such services was not an eligible child as defined in section
16 twenty-five hundred forty-one of this title. In the event that the
17 commissioner determines that there may be a withholding of state
18 reimbursement to any municipality under this section, he shall inform
19 the state early intervention coordinating council and the relevant local
20 early intervention coordinating council and shall consider alternative
21 courses of action recommended within sixty days by either body prior to
22 withholding state reimbursement.
23 4. [Each municipality may perform an audit, which may include site
24 visitation, of evaluators and providers of such services within its
25 municipality in accordance with standards established by the commission-
26 er. The municipality shall submit the results of any such audit to the
27 commissioner for review and, if warranted, adjustments in state aid
28 reimbursement pursuant to subdivision three of this section, as well as
29 for recovery by the municipality of its share of any disallowances iden-
30 tified in such audit.] The commissioner shall collect data, by munici-
31 pality, on the early intervention program authorized under this title
32 for purposes of improving the efficiency, cost effectiveness, and quali-
33 ty of such program. Such municipality data collection shall include but
34 not be limited to:
35 (a) The number and ages of children enrolled in the early intervention
36 program;
37 (b) The total number of children, within a municipality, receiving a
38 single service, the percentage of those children by service type, and
39 the average frequency of visits per week for such service type;
40 (c) The total number of children, within a municipality, receiving
41 multiple services, the percentage of those children by service type, the
42 average frequency of visits per week for such service type and the aver-
43 age number of service types that each child receives;
44 (d) The number of New York state approved agencies, institutions, or
45 organizations providing early intervention services by service specialty
46 or specialties and the number of New York state approved independent
47 providers of early intervention services by service specialty or
48 specialties;
49 (e) The number and percentage of children receiving a single service
50 by type of New York state approved service provider, and the number and
51 percentage of children receiving multiple services by type of New York
52 state approved service provider;
53 (f) The overall number of New York state approved evaluators. The
54 number of approved evaluators who also provide services to early inter-
55 vention children they have evaluated;
S. 1406--B 517 A. 2106--B
1 (g) The number of families receiving family supportive services such
2 as family training, counseling, parent support groups, and respite;
3 (h) The types of clinical practice guidelines, evaluation tools and
4 testing instruments used by municipalities to establish eligibility or
5 need for early intervention services;
6 (i) Both service, cost and payment oversight mechanisms used by coun-
7 ties to ensure quality and efficient delivery of early intervention
8 services;
9 (j) The number of children that have third party reimbursement;
10 (k) The number of claims submitted to third party payors by munici-
11 pality. The percentage of claims denied by third party payors. The
12 reasons for the denials.
13 The commissioner shall collect and analyze such data elements to
14 determine service and utilization patterns and to enhance the depart-
15 ment's ongoing provision of program oversight and guidance. In addition,
16 the commissioner shall report for the period July first, two thousand
17 three to December thirty-first, two thousand three, and for each calen-
18 dar year thereafter, to the governor and the legislature, by March first
19 of each year, the information and analysis required by this subdivision.
20 5. The department shall contract with an independent organization to
21 act as the fiscal agent for the department. A municipality may elect to
22 utilize the services of such organization for early intervention program
23 fiscal management and claiming as determined by the commissioner or may
24 select an independent agent to act as the fiscal agent for such munici-
25 pality or may act as its own fiscal agent.
26 § 8. Section 2559 of the public health law is amended by adding a new
27 subdivision 4 to read as follows:
28 4. Notwithstanding any other provision of law, the commissioner,
29 pursuant to a memorandum of understanding with the commissioner of the
30 office of mental retardation and developmental disabilities, shall
31 develop and submit a medicaid home and community based services waiver,
32 pursuant to section 1915c of the social security act, for the purpose of
33 creating a waiver program to provide and finance services for children
34 who qualify for the early intervention program. In further establishing
35 eligibility criteria under the waiver program, the commissioner, in
36 conjunction with the commissioner of the office of mental retardation
37 and developmental disabilities, shall establish health, developmental
38 and psycho-social criteria which shall permit the broadest eligibility
39 based on criteria for the early intervention program and federal stand-
40 ards for participation in a waiver program. The waiver application shall
41 be submitted pursuant to section 1915c of the social security act no
42 later than January first, two thousand four.
43 § 9. This act shall take effect immediately; provided however that
44 section seven of this act shall take effect on the sixtieth day after it
45 shall have become a law.
46 PART C3
47 Section 1. Section 1 of chapter 462 of the laws of 1996 relating to
48 establishing a quality incentive payment program, as amended by chapter
49 615 of the laws of 1997 and the opening paragraph as amended by section
50 19 of part E of chapter 58 of the laws of 1998, is amended to read as
51 follows:
52 Section 1. Quality incentive payment program. Subject to amounts
53 appropriated for the quality incentive payment program, the department
54 of health may make a payment to each operator of an adult home, resi-
S. 1406--B 518 A. 2106--B
1 dence for adults or enriched housing program that is in compliance with
2 applicable statutes and regulations [on May 6, 1998] based on the facil-
3 ity's most recent inspection. Such payment shall be based on the number
4 of SSI recipients and recipients of safety net assistance residing in
5 such facilities. Payment may also be made to a [newly certified operator
6 of an adult home, enriched housing program or residence for adults
7 certified after May 6, 1998, which has been inspected and determined by
8 the department of health to be providing quality care and to a depart-
9 ment or court appointed] receiver of an existing adult home, enriched
10 housing program or residence for adults. Provided, however, the depart-
11 ment of health may, at any time, deny payment to any facility that is
12 not providing [optimum] care in compliance with applicable statutes and
13 regulations. The department of health shall promulgate regulations to
14 implement the provisions of this section.
15 No payment shall be made to an operator that has received official
16 written notice from the department of a proposed revocation, suspension,
17 limitation or denial of the operator's operating certificate; or
18 proposed assessment of civil penalties; issuance of a department order
19 under subdivision [two] 2 of section [four hundred sixty-d] 460-d of
20 [this article,] the social services law; the seeking of equitable relief
21 under subdivision [five] 5 of section [four hundred sixty-d] 460-d of
22 [this article] the social services law; or the issuance of a commission-
23 er's order under subdivision [eight] 8 of section [four hundred sixty-d]
24 460-d of [this article] the social services law; or the issuance by a
25 court of competent jurisdiction of an order or approval of a settlement
26 agreement which affirms that the rights afforded to residents of adult
27 care facilities as provided for by section [four hundred sixty-one-d]
28 461-d of [this article] the social services law have been violated[; or
29 the department has determined that the operator has failed to meet those
30 compliance standards enumerated in subparagraph two of paragraph (b) of
31 subdivision seven of section four hundred sixty-d of this article].
32 Provided further that prior to receiving quality incentive payment
33 program funds, an operator shall consult with the residents' council for
34 such facility and shall submit an expenditure plan to the department.
35 Such plan shall detail how quality incentive payment program funds will
36 be used to improve the physical environment of the facility or the qual-
37 ity of care and services rendered to residents and may include but not
38 be limited to staff training, furnishings, equipment, maintenance or
39 repairs to the facility and its residents, or expenditures related to
40 corrective action as required by the most recent inspection report. Such
41 expenditure plan shall be accompanied by an operator attestation. It
42 shall be an affirmative duty of an operator of an adult care facility to
43 notify the department within three working days after the issuance of a
44 court order or court approved settlement agreement which has found that
45 the rights of a resident, as provided for by section [four hundred
46 sixty-one-d] 461-d of [this article] the social services law or the
47 rules and regulations of the department have been violated.
48 § 2. Notwithstanding any law, rule or regulation to the contrary, and
49 within the amounts appropriated therefor, the commissioner of health
50 shall issue a request for proposals for grants to enhance the quality of
51 care of residents of adult homes. Such grants may be awarded for an
52 aggregate amount of two million dollars for the following purposes,
53 which shall include but not be limited to: case management, advocacy and
54 peer support services. Applications submitted pursuant to such request
55 for proposals shall be considered on a competitive basis and awarded
56 based on the commissioner's determination that the proposal will result
S. 1406--B 519 A. 2106--B
1 in the maximum benefit and most cost-effective use of funds in support
2 of adult home residents.
3 § 3. This act shall take effect immediately.
4 PART D3
5 Section 1. The tobacco settlement financing corporation act is enacted
6 to read as follows:
7 Tobacco Settlement Financing Corporation Act
8 Section 1. Short title.
9 2. The tobacco settlement financing corporation.
10 3. Definitions.
11 4. The sale agreement.
12 5. Powers of the corporation.
13 6. Bonds of the corporation.
14 7. State not liable on bonds or any ancillary bond facility.
15 8. Remedies of bondholders.
16 9. Tax exemption and tax contract by the state.
17 10. Agreement with state.
18 11. Bonds as legal investments.
19 12. Actions against the corporation.
20 13. Assistance to the corporation.
21 14. Preference for actions or proceedings against the corpo-
22 ration.
23 15. Construction.
24 16. Severability clause.
25 Section 1. Short title. This act shall be known and may be cited as
26 the "tobacco settlement financing corporation act".
27 § 2. The tobacco settlement financing corporation. There is hereby
28 created and established a subsidiary of the authority to be known as the
29 "tobacco settlement financing corporation" as a public benefit corpo-
30 ration, separate and apart from the state. The directors of the author-
31 ity shall serve as the members of the corporation and shall receive no
32 additional salary or other compensation, either direct or indirect, for
33 serving as members of the corporation, other than reimbursement for
34 actual and necessary expenses incurred in the performance of such
35 person's duties. Any one or more members of the board may participate
36 in a meeting of such board by means of a conference telephone or similar
37 communications equipment allowing all persons participating in the meet-
38 ing to hear each other at the same time. Participation by such means
39 shall constitute presence in person at a meeting. The corporation may
40 delegate to one or more of its members, or officers, agents and employ-
41 ees, such powers and duties as the members may deem proper. Except as
42 otherwise expressly provided by this act, actions by the corporation and
43 the members of its board, and exercise of the corporation's powers,
44 shall be taken in the same manner and subject to the same requirements,
45 as are set forth or imposed under chapter 902 of the laws of 1972, as
46 amended, for such actions and performance by the authority and its
47 directors. Notwithstanding the existence of common management, the
48 corporation shall be treated as a separate legal entity with its sepa-
49 rate corporate purpose as set forth in section six of this act; and,
50 accordingly, the assets, liabilities and funds of the corporation shall
51 be neither consolidated nor commingled with those of the authority. The
52 corporation and its corporate existence shall continue until six months
S. 1406--B 520 A. 2106--B
1 after all its liabilities have been met or otherwise discharged. Upon
2 the termination of the existence of the corporation, all of its rights
3 and property shall pass to and be vested in the state.
4 § 3. Definitions. 1. "Ancillary bond facility" means any interest
5 rate exchange or similar agreement or any bond insurance policy, letter
6 of credit or other credit enhancement facility, liquidity facility,
7 guaranteed investment or reinvestment agreement, or other similar agree-
8 ment, arrangement or contract.
9 2. "Authority" means the state of New York municipal bond bank agency
10 established in section 2433 of the public authorities law.
11 3. "Benefited party" means any person, firm or corporation that enters
12 into an ancillary bond facility with the corporation according to the
13 provisions of this act.
14 4. "Board" means the members of the corporation.
15 5. "Bonds" means any bonds, notes, certificates of participation and
16 other evidence of indebtedness issued by the corporation pursuant to
17 section six of this act.
18 6. "Code" means the United States Internal Revenue Code of 1986, as
19 amended.
20 7. "Complementary legislation" means sections 480-b, paragraph (c) of
21 subdivision 1 of section 481 and subdivision (a-1) of section 1846 of
22 the tax law.
23 8. "Consent decree" means the consent decree and final judgment of the
24 supreme court of the state of New York, county of New York, dated Decem-
25 ber 23, 1998, as the same has been and may be corrected, amended or
26 modified, in the action entitled State of New York, et al. v. Philip
27 Morris Incorporated, et al. (Index No. 400361/97).
28 9. "Contingent contractual obligation" means a contract under which
29 the obligation of the state is a contingent contractual obligation as
30 such term is used in section 67-a of the state finance law.
31 10. "Costs of issuance" means any item of expense directly or indi-
32 rectly payable or reimbursable by the corporation and related to the
33 authorization, sale, or issuance of bonds, including, but not limited
34 to, underwriting fees and fees and expenses of professional consultants
35 and fiduciaries.
36 11. "Director of the budget" means the director of the budget of the
37 state of New York.
38 12. "Financing costs" means all costs of issuance, capitalized inter-
39 est, capitalized operating expenses and debt service reserves, fees,
40 cost of any ancillary bond facility, and any other fees, discounts,
41 expenses and costs related to issuing, securing and marketing the bonds
42 including, without limitation, any net original issue discount.
43 13. "Investment securities" means, subject to or, as otherwise
44 provided in, the provisions of any contract with bondholders of the
45 corporation, (i) general obligations of, or obligations guaranteed by,
46 any state of the United States of America or political subdivision ther-
47 eof, or the District of Columbia or any agency or instrumentality of any
48 of them, receiving one of the three highest long-term unsecured debt
49 rating categories available for such securities of at least one inde-
50 pendent rating agency, or (ii) certificates of deposit, savings
51 accounts, time deposits or other obligations or accounts of banks or
52 trust companies in the state, secured, if the corporation shall so
53 require, in such manner as the corporation may so determine, or (iii)
54 otherwise, in the discretion of the corporation, obligations in which
55 the comptroller is authorized to invest, pursuant to either section 98
56 or 98-a of the state finance law.
S. 1406--B 521 A. 2106--B
1 14. "Interest rate exchange or similar agreement" means a written
2 contract entered into in connection with the issuance of bonds or with
3 such bonds outstanding with a counterparty to provide for an exchange or
4 swap of payments based upon fixed and/or variable interest rates, and
5 shall be for exchanges in currency of the United States of America only.
6 15. "Master settlement agreement" means the master settlement agree-
7 ment, dated November 23, 1998, among the attorneys general of 46 states,
8 including the state, the District of Columbia, the Commonwealth of Puer-
9 to Rico, Guam, the United States Virgin Islands, American Samoa and the
10 Territory of the Northern Mariana Islands, on the one hand, and certain
11 tobacco manufacturers, on the other hand, and the subject of the consent
12 decree.
13 16. "Member" means any director of the authority including each person
14 that has been duly appointed to represent such director at meetings of
15 the authority from which such director may be absent.
16 17. "Net proceeds" means the amount of proceeds remaining following
17 each sale of bonds which are not required by the corporation to pay or
18 provide for the financing costs.
19 18. "Operating expenses" means the reasonable or necessary operating
20 expenses of the corporation, including, without limitation, administra-
21 tive expenses of the corporation or authority, the cost of preparation
22 of accounting and other reports, costs of maintenance of the ratings on
23 the bonds, funding of any operating expense reserve fund, if any, insur-
24 ance premiums, costs of any ancillary bond facilities, and costs of
25 annual meetings or other required activities of the corporation, and
26 fees and expenses incurred for professional consultants and fiduciaries.
27 19. "Other assets" means assets and/or revenues, constituting a
28 portion of the state's share, other than the pledged tobacco revenues,
29 that are purchased pursuant to the sale agreement and pledged by the
30 corporation for the payment of bonds or an ancillary bond facility.
31 20. "Other participating jurisdictions" means the fifty-seven (57)
32 counties of the state and the city of New York, which together with the
33 state, are entitled to receive settlement payments under the consent
34 decree.
35 21. "Outstanding", when used with respect to bonds, shall exclude
36 bonds that shall have been paid in full at maturity, or shall have
37 otherwise been refunded, redeemed, defeased or discharged, or that may
38 be deemed not outstanding pursuant to agreements with the holders there-
39 of.
40 22. "Participating manufacturer" means a tobacco product manufacturer
41 that is or becomes a signatory to the master settlement agreement.
42 23. "Pledged tobacco revenues" means each such portion of the state's
43 share constituting tobacco settlement payments sold to the corporation
44 pursuant to section four of this act and pledged by the corporation for
45 the payment of bonds or an ancillary bond facility.
46 24. "Qualifying statute" has the meaning given that term in the master
47 settlement agreement, constituting article 13-G of the public health law
48 of the state.
49 25. "Residual interests" means the income of the corporation, and bond
50 proceeds, if any, or reserves not previously paid to the state, that are
51 in excess of the corporation's requirements to pay its operating
52 expenses, debt service, sinking fund or other redemption requirements,
53 reserve fund, and any other contractual obligations under any resolution
54 or any ancillary bond facility or that may be incurred in connection
55 with the issuance of the bonds.
S. 1406--B 522 A. 2106--B
1 26. "Sale agreement" means any agreement authorized pursuant to this
2 section in which the state provides for the sale of all or a portion of
3 the state's share to the corporation.
4 27. "State" means the state of New York.
5 28. "State representative" means the governor of the state acting
6 through the director of the budget.
7 29. "State's share" means all tobacco settlement payments received by
8 the state on and after January 1, 2004 and required to be made, pursuant
9 to the terms of the master settlement agreement, by participating
10 manufacturers to the state which have not otherwise been allocated to
11 any other participating jurisdictions pursuant to the terms of the
12 consent decree, and the state's rights to receive such tobacco settle-
13 ment payments and other assets of the state and other payments received
14 by the state on and after January 1, 2004 and the state's right to
15 receive such payments, under any other agreement, contract, statute or
16 other provision available for sale or authorized to be sold, and deter-
17 mined by the state representative to be included in the sale agreement.
18 30. "Tobacco settlement financing corporation" or "the corporation"
19 means the corporation created by section two of this act.
20 § 4. The sale agreement. 1. The state representative, upon the
21 execution of a sale agreement on behalf of the state may sell to the
22 corporation, and the corporation may purchase, for cash or other consid-
23 eration and in one or more installments, all or a portion of the state's
24 share. Any such agreement shall provide, among other matters, that the
25 purchase price payable by the corporation to the state for such state's
26 share or portion thereof shall consist of the net proceeds of the bonds
27 issued to finance such purchase price and the residual interests, if
28 any. The residual interests shall be deposited into the tobacco settle-
29 ment fund pursuant to section 92-x of the state finance law, unless
30 otherwise directed by statute; provided, however that any residual
31 interest derived from other assets shall be applied as directed by stat-
32 ute. Any such sale shall be pursuant to one or more sale agreements
33 which may contain such terms and conditions deemed necessary by the
34 state representative to carry out and effectuate the purposes of this
35 section, including covenants binding the state in favor of the corpo-
36 ration and its assignees, including the owners of its bonds such as
37 covenants with respect to the enforcement at the expense of the state of
38 the payment provisions of the master settlement agreement, the diligent
39 enforcement at the expense of the state of the qualifying statute, the
40 application and use of the proceeds of the sale of the state's share to
41 preserve the tax-exemption on the bonds, the interest on which is
42 intended to be exempt from federal income tax, issued to finance the
43 purchase thereof and otherwise as provided in this act. Notwithstanding
44 the foregoing, neither the state representative nor the corporation
45 shall be authorized to make any covenant, pledge, promise or agreement
46 purporting to bind the state with respect to pledged tobacco revenues,
47 except as otherwise specifically authorized by this act.
48 2. Any sale of all or part of the state's share to the corporation
49 shall be treated as a true sale and absolute transfer of the property so
50 transferred and not as a pledge or other security interest for any
51 borrowing. The characterization of such a sale as an absolute transfer
52 by the participants shall not be negated or adversely affected by the
53 fact that only a portion of the state's share is transferred, nor by the
54 acquisition or retention by the state of a residual interest, nor by any
55 characterization of the corporation or its obligations for purposes of
56 accounting, taxation or securities regulation, nor by the pledge of any
S. 1406--B 523 A. 2106--B
1 other funds or assets of the corporation to secure bonds, nor by any
2 other factor whatsoever.
3 3. On and after the effective date of each sale of any portion
4 (including all) of the state's share, the state shall have no right,
5 title or interest in or to the portion of the state's share sold, and
6 the portion of the state's share so sold shall be the property of the
7 corporation and not of the state, and shall be owned, received, held and
8 disbursed by the corporation and not the state treasury. Notwithstanding
9 section 92-x of the state finance law, on the effective date of any such
10 sale with respect to tobacco settlement payments, the state through the
11 attorney general shall notify the independent auditor and the escrow
12 agent under the master settlement agreement that such portion of the
13 state's share has been sold to the corporation and irrevocably instruct
14 such independent auditor and escrow agent that, subsequent to such date,
15 such portion of the state's share is to be paid directly to the inden-
16 ture trustee for the benefit of the owners of the bonds of the corpo-
17 ration which are secured by a pledge of such amounts, until such bonds
18 are no longer outstanding pursuant to the resolution or related inden-
19 ture under which such bonds are issued.
20 4. The net proceeds of the bonds and any earnings thereon shall never
21 be pledged to, nor made available for, payment of the bonds or any
22 interest or redemption price thereon or any other debt or obligation of
23 the corporation. The net proceeds of the bonds shall be deposited as
24 directed by the state representative to the tobacco bond proceeds fund
25 established pursuant to section 92-bb of the state finance law as speci-
26 fied in, or otherwise provided for by, the sale agreement, and shall be
27 used by the state (either directly or by reimbursement of the general
28 fund) for any of the following purposes: (i) for health care purposes in
29 accordance with section 2807-v of the public health law, including but
30 not limited to the treatment of smoking-related illnesses and for smok-
31 ing cessation efforts, (ii) for any of its capital purposes or for any
32 of its capital programs, (iii) for payment of debt service on any of its
33 outstanding bonds or on any state supported bonds, notes or other obli-
34 gations or in respect of debt service on any outstanding bonds, notes or
35 other obligations of local governments, school districts or public bene-
36 fit corporations for which state aid is applicable or required to be
37 paid or for which there is a contract subject to state appropriation
38 provided that such bonds, notes or other obligations funded capital
39 projects or programs, (iv) for other grants to local governments, school
40 districts or public benefit corporations, or (v) to provide a revenue
41 resource for personal service expenses of the state and general state
42 charges. With respect to any bonds of the corporation, the interest on
43 which is intended to be exempt from federal income tax, the corporation
44 and the state representative may provide restrictions on the use of net
45 proceeds of the bonds and other amounts in the sale agreement or other-
46 wise in a tax regulatory agreement only as necessary to assure such
47 exempt status.
48 5. The director of the budget shall notify in writing the chairs of
49 the senate finance committee and the assembly ways and means committee
50 of any plans to sell all or a portion of the state's share of tobacco
51 settlement payments prior to entering any sale agreement with the corpo-
52 ration. At the time this notification is given, the chief executive
53 officer of the corporation and the director of the budget shall provide
54 a report to the chairs of the senate finance committee and the assembly
55 ways and means committee on a planned bond sale of the corporation and
56 such report shall include, but not be limited to: (A) the maximum amount
S. 1406--B 524 A. 2106--B
1 of bonds expected to be sold by the corporation in connection with a
2 sale agreement; (B) the expected maximum interest rate and maturity date
3 of such bonds; (C) the expected amount of the bonds that will be fixed
4 and/or variable interest rate; (D) the estimated costs of issuance; (E)
5 the estimated level or levels of reserve fund or funds, if any; (F) the
6 estimated cost of bond insurance, if any; (G) the anticipated use or
7 uses of the proceeds; and (H) the maximum expected net proceeds that
8 will be paid to the state as a result of the issuance of such bonds. Any
9 such expectations and estimates in the report shall not be deemed a
10 substantive limitation on the authority of the corporation contained in
11 this act.
12 § 5. Powers of the corporation. The corporation also shall have the
13 power to:
14 1. sue and be sued;
15 2. have a seal and alter the same at pleasure;
16 3. make and alter by-laws for its organization and internal management
17 and make rules and regulations governing the use of its property and
18 facilities;
19 4. make and execute contracts and all other instruments necessary or
20 convenient for the exercise of its powers and functions under this
21 section and to commence any action to protect or enforce any right
22 conferred upon it by any law, contract or other agreement;
23 5. appoint officers, agents and employees, prescribe their duties and
24 qualifications, fix their compensation and engage the services of
25 private consultants and counsel on a contract basis for rendering
26 professional and technical assistance and advice provided that the chief
27 executive officer of the corporation shall be the chief executive offi-
28 cer of the authority and any other officers or employees, if appointed,
29 shall be those having similar positions with the authority, provided,
30 however, that no such officer or employee shall receive any additional
31 compensation as a result of such appointment;
32 6. pay its operating expenses and its financing costs;
33 7. borrow money in its name and issue negotiable bonds and provide for
34 the rights of the holders thereof;
35 8. procure insurance against any loss in connection with its activ-
36 ities, properties and assets in such amount and from such insurers as it
37 deems desirable;
38 9. invest any funds or other moneys under its custody and control in
39 investment securities or under any ancillary bond facility;
40 10. as security for the payment of the principal of and interest on
41 any bonds issued by it pursuant to this act and any agreement made in
42 connection therewith and for its obligations under any ancillary bond
43 facility, pledge all or any part of its revenues or assets;
44 11. with the approval of the state representative, enter into, modify,
45 amend, replace or renew any ancillary bond facility with any person
46 under such terms and conditions as the corporation may determine includ-
47 ing, without limitation, provisions as to default or early termination
48 and indemnification by the corporation or any other party thereto for
49 loss of benefits as a result thereof and with respect to execution of
50 any interest rate exchange or similar agreement and prior thereto, adopt
51 guidelines and make the determinations set forth in subdivision seven or
52 eight of section six of this act; and
53 12. do any and all things necessary or convenient to carry out its
54 purposes and exercise the powers expressly given and granted in this
55 section.
S. 1406--B 525 A. 2106--B
1 § 6. Bonds of the corporation. 1. (i) The corporation shall have
2 power and is hereby authorized from time to time to issue its bonds in
3 an aggregate principal amount not exceeding four billion, two hundred
4 million dollars ($4,200,000,000) plus the amount of any financing costs,
5 to provide sufficient funds for achieving its corporate purpose,
6 consisting of the purchase of all or a portion of the state's share
7 pursuant to section four of this act and the payment or provision for
8 financing costs. The foregoing limitation shall not apply to bonds
9 issued to refund bonds. Provided, however, that no bonds may be issued
10 pursuant to the authority and power granted by this section, except an
11 issue of bonds in an amount not to exceed seven hundred million dollars
12 ($700,000,000) plus the amount of any applicable financing costs, until
13 the state comptroller shall determine that legislative passage of the
14 budget has occurred for the current state fiscal year in accordance with
15 the provisions of subdivision 3 of section 5 of the legislative law.
16 Provided, further, no bonds, other than refunding bonds, shall be issued
17 pursuant to such authority and power on or after July 1, 2004.
18 (ii) Each issuance of bonds shall be authorized by a resolution of the
19 corporation, adopted by a majority of the members of the board then in
20 office without further authorization or approval, provided, however,
21 that any such resolution authorizing the issuance of bonds may delegate
22 to an officer of the corporation the power to issue such bonds from time
23 to time and to fix the details of any such issues of bonds by an appro-
24 priate certificate of such authorized officer. Every issue of the bonds
25 of the corporation shall be special revenue obligations payable from and
26 secured by a pledge of pledged tobacco revenues and other assets,
27 including those proceeds of such bonds deposited in a reserve fund for
28 the benefit of bondholders, earnings on funds of the corporation and
29 such other funds and assets as may become available, upon such terms and
30 conditions as approved by the state representative and as specified by
31 the corporation in the resolution under which the bonds are issued or in
32 a related trust indenture.
33 (iii) The corporation shall have the power and is hereby authorized
34 from time to time to issue bonds, whenever it deems refunding expedient,
35 to refund any bonds by the issuance of new bonds, whether the bonds to
36 be refunded have or have not matured, and to issue bonds partly to
37 refund bonds then outstanding and partly for any of its other corporate
38 purposes. The refunding bonds may be exchanged for the bonds to be
39 refunded or sold and the proceeds applied to the purchase, redemption or
40 payment of such bonds.
41 2. The bonds of the corporation of each issue shall be dated, shall
42 bear interest (which, under the code, in the opinion of transaction
43 counsel to the corporation, may be includable in or excludable from the
44 gross income of the owners for federal income tax purposes) at such
45 fixed or variable rates, payable at or prior to maturity, and shall
46 mature at such time or times, as may be determined by the corporation
47 and may be made redeemable before maturity, at the option of the corpo-
48 ration, at such price or prices and under such terms and conditions as
49 may be fixed by the corporation. The principal and interest of such
50 bonds may be made payable in any lawful medium. The resolution or the
51 certificate of the authorized officer shall determine the form of the
52 bonds, either registered or book-entry form, and the manner of execution
53 of the bonds and shall fix the denomination or denominations of the
54 bonds and the place or places of payment of principal and interest ther-
55 eof, which may be at any bank or trust company within or outside the
56 state. If any officer whose signature or a facsimile thereof appears on
S. 1406--B 526 A. 2106--B
1 any bonds shall cease to be such officer before the delivery of such
2 bonds, such signature or facsimile shall nevertheless be valid and
3 sufficient for all purposes the same as if he had remained in office
4 until such delivery. The corporation may also provide for temporary
5 bonds and for the replacement of any bond that shall become mutilated or
6 shall be destroyed or lost.
7 3. The corporation with the approval of the state representative may
8 sell such bonds in such manner, either at a public or private sale and
9 either on a competitive or negotiated basis. Provided, however, no such
10 bonds may be sold by the corporation at private sale unless such sale
11 and the terms thereof have been approved in writing by the comptroller.
12 The proceeds of such bonds shall be disbursed for the purposes for which
13 such bonds were issued under such restrictions as the sale agreement and
14 the resolution authorizing the issuance of such bonds or the related
15 trust indenture may provide. Such bonds shall be issued upon approval
16 of both the state representative and the corporation and without any
17 other approvals, filings, proceedings or the happening of any other
18 conditions or things other than the approvals, findings, proceedings,
19 conditions, and things that are specified and required by this act.
20 4. Any pledge made by the corporation shall be valid and binding at
21 the time the pledge is made. The assets, property, revenues, reserves or
22 earnings so pledged shall immediately be subject to the lien of such
23 pledge without any physical delivery thereof or further act and the lien
24 of any such pledge shall be valid and binding as against all parties
25 having claims of any kind in tort, contract or otherwise against the
26 corporation, irrespective of whether such parties have notice thereof.
27 Notwithstanding any other provision of law to the contrary, neither the
28 bond resolution nor any indenture or other instrument by which a pledge
29 is created or by which the corporation's interest in pledged assets,
30 property, revenues, reserves or earnings thereon is assigned need be
31 filed, perfected or recorded in any public records in order to protect
32 the pledge thereof or perfect the lien thereof as against third parties,
33 except that a copy thereof shall be filed in the records of the corpo-
34 ration.
35 5. Whether or not the bonds of the corporation are of such form and
36 character as to be negotiable instruments under the terms of the uniform
37 commercial code, the bonds are hereby made negotiable instruments for
38 all purposes, subject only to the provisions of the bonds for registra-
39 tion.
40 6. At the sole discretion of the corporation, any bonds issued by the
41 corporation and any ancillary bond facility made under the provisions of
42 this act may be secured by a resolution or trust indenture by and
43 between the corporation and the trust indenture trustee, which may be
44 any trust company or bank having the powers of a trust company, whether
45 located within or outside the state. Such trust indenture or resolution
46 providing for the issuance of such bonds may provide for the creation
47 and maintenance of such reserves as the board shall determine to be
48 proper and may include covenants setting forth the duties of the corpo-
49 ration in relation to the bonds, the income of the corporation, the
50 related sale agreement with respect to the sale of the state's share and
51 the pledged tobacco revenues and other assets. Such trust indenture or
52 resolution may contain provisions respecting the custody, safeguarding
53 and application of all moneys and securities, may contain such
54 provisions for protecting and enforcing the rights and remedies (pursu-
55 ant thereto and to the sale agreement) of the owners of the bonds and
56 any other benefitted party as may be reasonable and proper and not in
S. 1406--B 527 A. 2106--B
1 violation of law and may include any or all of the rights, powers and
2 duties of the trustee appointed by bondholders pursuant to section eight
3 of this act and limiting or abrogating the right of the bondholders to
4 appoint a trustee under such section. It shall be lawful for any bank
5 or trust company incorporated under the laws of the state which may act
6 as depository of the proceeds of bonds or of any other funds or obli-
7 gations received on behalf of the corporation to furnish such indemnify-
8 ing bonds or to pledge such securities as may be required by the corpo-
9 ration. Any such trust indenture or resolution may contain such other
10 provisions as the corporation may deem reasonable and proper for priori-
11 ties and subordination among the owners of the bonds and other benefici-
12 aries. Any reference in this act to a resolution of the board shall
13 include any trust indenture authorized thereby.
14 7. The corporation may enter into, amend or terminate, as it deter-
15 mines to be necessary or appropriate, any ancillary bond facility (i) to
16 facilitate the issuance, sale, resale, purchase, repurchase or payment
17 of bonds, interest rate savings or market diversification or the making
18 or performance of swap contracts, including without limitation bond
19 insurance, letters of credit and liquidity facilities, or (ii) to
20 attempt to manage or hedge risk or achieve a desirable effective inter-
21 est rate or cash flow. Such facility shall be made upon the terms and
22 conditions established by the board, including without limitation
23 provisions as to security, default, termination, payment, remedy and
24 consent to service of process.
25 8. The corporation may enter into, amend or terminate, any ancillary
26 bond facility that it determines to be necessary or appropriate to place
27 the obligations or investments of the corporation, as represented by the
28 bonds or the investment of reserved bond proceeds or other pledged
29 tobacco revenues or other assets, in whole or in part, on the interest
30 rate, cash flow or other basis approved by the corporation, which facil-
31 ity may include without limitation contracts commonly known as interest
32 rate swap agreements, forward purchase contracts or guaranteed invest-
33 ment contracts and futures or contracts providing for payments based on
34 levels of, or changes in, interest rates. These contracts or arrange-
35 ments may be entered into by the corporation in connection with, or
36 incidental to, entering into, or maintaining any (i) agreement which
37 secures bonds of the corporation or (ii) investment, or contract provid-
38 ing for investment of reserves or similar facility guaranteeing an
39 investment rate for a period of years not to exceed the underlying term
40 of the bonds. The determination by the corporation that an ancillary
41 bond facility or the amendment or termination thereof is necessary or
42 appropriate as aforesaid shall be conclusive. Any ancillary bond facili-
43 ty may contain such payment, security, default, remedy, termination
44 provisions and payments and other terms and conditions as determined by
45 the corporation, after giving due consideration to the creditworthiness
46 of the counterparty or other obligated party, including any rating by
47 any nationally recognized rating agency, and any other criteria as may
48 be appropriate.
49 9. Bonds or any ancillary bond facility may contain a recital that
50 they are issued or executed, respectively, pursuant to this act, which
51 recital shall be conclusive evidence of their validity, respectively,
52 and the regularity of the proceedings relating thereto.
53 10. The corporation, subject to such agreements with bondholders as
54 may then exist (including provisions which restrict the power of the
55 corporation to purchase bonds), or with the providers of any applicable
56 ancillary bond facility, shall have the power out of any funds available
S. 1406--B 528 A. 2106--B
1 therefor to purchase bonds of the corporation, which may or may not
2 thereupon be cancelled, at a price not substantially exceeding:
3 (i) if the bonds are then redeemable, the redemption price then appli-
4 cable, including any accrued interest; and
5 (ii) if the bonds are not then redeemable, the redemption price and
6 accrued interest applicable on the first date after such purchase upon
7 which the bonds become subject to redemption.
8 11. (i) Notwithstanding the provisions of any general or special law
9 to the contrary, and subject to the making of annual appropriations
10 therefor by the state, in order to assist in the undertaking and financ-
11 ing by the corporation under this act, the state representative is
12 authorized to and shall enter into one or more contingency contracts
13 with the corporation upon such terms as the corporation and the state
14 representative shall agree, so as to provide annually to the corporation
15 the amount, if any, as necessary to meet the debt service requirements
16 on one or more series of bonds, including refunding bonds, in any year
17 if the receipts from pledged tobacco revenues or from an ancillary bond
18 facility, if any, are inadequate and after application of all collateral
19 pledged therefor, including any debt service and debt service reserve
20 fund. Any contingency contract shall terminate when there are no bonds
21 benefited by the contract outstanding in accordance with the trust
22 indenture under which such bonds are issued. The contract may provide
23 for (A) the corporation to request annually, not later than sixty days
24 prior to the commencement of the state's next succeeding fiscal year,
25 from the state the amount, as shall be certified by an authorized offi-
26 cer of the corporation to the director of the budget, to be provided by
27 the state during its next succeeding fiscal year pursuant to each
28 contingency contract, and (B) for the director of the budget on behalf
29 of the state to include, as a requested appropriation item, an amount
30 equal to such certified amount. Each contingency contract shall include
31 text to the effect that the obligations of the state thereunder shall be
32 deemed executory only to the extent of the moneys available to the state
33 and no liability on account of any such agreement shall be incurred by
34 the state beyond the moneys available and appropriated for the purpose
35 thereof.
36 (ii) The state, through the state representative, is hereby authorized
37 to enter into a contingency contract on the terms and conditions and
38 subject to the limitations of this section, it being hereby determined
39 that the additional net proceeds to be received as a result thereof by
40 the state are an important public purpose to be achieved. The obligation
41 of the state to fund or to pay the amounts provided for in the contin-
42 gency contract, as in this section provided, shall constitute a contin-
43 gent contractual obligation and shall not constitute a debt or state
44 supported debt of the state within the meaning of any constitutional or
45 statutory provision and shall be deemed executory only to the extent of
46 moneys available; no liability shall be incurred by the state beyond the
47 moneys available for such purpose and such obligation is subject to
48 annual appropriation by the legislature. The amounts paid to the corpo-
49 ration pursuant to any such contract shall be used by it solely to pay
50 or provide for the payment of debt service on the bonds of the corpo-
51 ration, including refunding bonds, if any.
52 12. Neither the members of the corporation nor any other person
53 executing the bonds or an ancillary bond facility of the corporation
54 shall be subject to any personal liability or accountability by reason
55 of the issuance or execution and delivery thereof.
S. 1406--B 529 A. 2106--B
1 § 7. State not liable on bonds or any ancillary bond facility.
2 Neither any bond nor any ancillary bond facility of the corporation
3 shall constitute a debt or moral obligation of the state or a state
4 supported obligation within the meaning of any constitutional or statu-
5 tory provision or a pledge of the faith and credit of the state or of
6 the taxing power of the state, and the state shall not be liable to make
7 any payments thereon nor shall any bond or any ancillary bond facility
8 be payable out of any funds or assets other than pledged tobacco reven-
9 ues and other assets, if any, sold to the corporation and other funds
10 and assets of or available to the corporation pledged therefor, and the
11 bonds and any ancillary bond facility of the corporation shall contain
12 on the face thereof or other prominent place thereon a statement to the
13 foregoing effect.
14 § 8. Remedies of bondholders. 1. Subject to the provisions of section
15 six of this act, in the event that the corporation shall default in the
16 payment of principal of, or interest on, or sinking fund payment on, any
17 issue of bonds after the same shall become due, whether at maturity or
18 upon call for redemption, or in the event that the corporation or the
19 state shall default in any agreement made with the holders of any issue
20 of bonds, the holders of twenty-five per centum in aggregate principal
21 amount of the bonds of such issue then outstanding, by instrument or
22 instruments filed in the office of the clerk of the county of Albany and
23 proved or acknowledged in the same manner as a deed to be recorded, may
24 appoint a trustee to represent the holders of such bonds for the
25 purposes herein provided.
26 2. Such trustee, or any trustee appointed under this act, may, and
27 upon written request of the holders of twenty-five per centum in princi-
28 pal amount of such bonds then outstanding shall, in his or its own name:
29 (i) by suit, action or proceeding in accordance with the civil prac-
30 tice law and rules, enforce all rights of the bondholders, including the
31 right to require the corporation to carry out any agreement with such
32 holders and to perform its duties under this act;
33 (ii) bring suit upon such bonds;
34 (iii) by action or suit, require the corporation to account as if it
35 were the trustee of an express trust for the holders of such bonds;
36 (iv) by action or suit, enjoin any acts or things which may be unlaw-
37 ful or in violation of the rights of the holders of such bonds; and
38 (v) declare all such bonds due and payable, and if all defaults shall
39 be made good, then, with the consent of the holders of twenty-five per
40 centum of the principal amount of such bonds then outstanding, annul
41 such declaration and its consequences, provided, however, that nothing
42 herein shall preclude the corporation from agreeing that consent of the
43 provider of an ancillary bond facility is required for an acceleration
44 of related bonds in the event of a default other than a failure to pay
45 principal of or interest on the bonds when due.
46 3. The supreme court shall have jurisdiction of any suit, action or
47 proceeding by the trustee on behalf of such bondholders. The venue of
48 any such suit, action or proceeding shall be laid in the county of Alba-
49 ny.
50 4. Before declaring the principal of bonds due and payable, the trus-
51 tee shall first give thirty days notice in writing to the corporation.
52 § 9. Tax exemption and tax contract by the state. 1. It is hereby
53 determined that the creation of the corporation and the carrying out of
54 its corporate purposes are in all respects for the benefit of the people
55 of the state of New York and are public purposes. Accordingly, the
56 corporation shall be regarded as performing an essential governmental
S. 1406--B 530 A. 2106--B
1 function in the exercise of the powers conferred upon it by this act.
2 The property of the corporation, its income and its operations shall be
3 exempt from taxation, assessments, special assessments and ad valorem
4 levies. The corporation shall not be required to pay any fees, taxes,
5 special ad valorem levies or assessments of any kind, whether state or
6 local, including, but not limited to, fees, taxes, special ad valorem
7 levies or assessments on real property, franchise taxes, sales taxes or
8 other taxes, upon or with respect to any property owned by it or under
9 its jurisdiction, control or supervision, or upon the uses thereof, or
10 upon or with respect to its activities or operations in furtherance of
11 the powers conferred upon it by this act, or upon or with respect to any
12 fares, tolls, rentals, rates, charges, fees, revenues or other income
13 received by the corporation.
14 2. Any bonds issued pursuant to this act, their transfer and the
15 income therefrom shall, at all times, be exempt from taxation.
16 3. The state hereby covenants with the purchasers and with all subse-
17 quent holders and transferees of bonds issued by the corporation pursu-
18 ant to this act, in consideration of the acceptance of and payment for
19 the bonds, that the bonds of the corporation issued pursuant to this act
20 and the income therefrom and all revenues, moneys, and other property
21 pledged to pay or to secure the payment of such bonds shall at all times
22 be exempt from taxation.
23 4. In the case of any bonds of the corporation, interest on which is
24 intended to be exempt from federal income tax, the corporation shall
25 prescribe restrictions on the use of the proceeds thereof and related
26 matters only as are necessary to assure such exemption, and the recipi-
27 ents of such proceeds shall be bound thereby to the extent such
28 restrictions shall be made applicable to them. Any such recipient,
29 including, but not limited to, the state, a public benefit corporation,
30 a school district or municipality is authorized to execute a tax regula-
31 tory agreement with the corporation or the state, as the case may be,
32 and the execution of such an agreement may be treated by the corporation
33 or the state as a condition to receiving any such proceeds.
34 § 10. Agreement with state. 1. The state pledges and agrees with the
35 corporation, and the owners of the bonds of the corporation in which the
36 corporation has included such pledge and agreement, that the state shall
37 (i) irrevocably direct, through the attorney general, the independent
38 auditor and the escrow agent under the master settlement agreement to
39 transfer all pledged tobacco revenues directly to the corporation or its
40 assignee, (ii) enforce its right to collect all moneys due from the
41 participating manufacturers under the master settlement agreement and,
42 in addition, shall diligently enforce the qualifying statute as contem-
43 plated in section IX(d)(2)(B) of the master settlement agreement against
44 all tobacco product manufacturers selling tobacco products in the state
45 and that are not in compliance with the qualifying statute, in each case
46 in the manner and to the extent deemed necessary in the judgment of the
47 attorney general, provided, however, that the sale agreement may provide
48 (a) that the remedies available to the corporation and the bondholders
49 for any breach of the pledges and agreements of the state set forth in
50 this clause shall be limited to injunctive relief, and (b) that the
51 state shall be deemed to have diligently enforced the qualifying statute
52 so long as there has been no judicial determination by a court of compe-
53 tent jurisdiction in this state, in an action commenced by a participat-
54 ing tobacco manufacturer under the master settlement agreement, that the
55 state has failed to diligently enforce the qualifying statute for the
56 purposes of section IX(d)(2)(B) of the master settlement agreement,
S. 1406--B 531 A. 2106--B
1 (iii) neither amend the master settlement agreement nor the consent
2 decree or take any other action in any way that would materially
3 adversely (a) alter, limit or impair the corporation's right to receive
4 pledged tobacco revenues, or (b) limit or alter the rights hereby vested
5 in the corporation to fulfill the terms of its agreements with such
6 bondowners, or (c) in any way impair the rights and remedies of such
7 bondowners or the security for such bonds until such bonds, together
8 with the interest thereon and all costs and expenses in connection with
9 any action or proceedings by or on behalf of such bondowners, are fully
10 paid and discharged (provided, that nothing herein shall be construed to
11 preclude the state's regulation of smoking and taxation and regulation
12 of the sale of cigarettes or the like or to restrict the right of the
13 state to amend, modify, repeal or otherwise alter statutes imposing or
14 relating to the taxes), and (iv) not amend, supersede or repeal the
15 qualifying statute and the complementary legislation, in any way that
16 would materially adversely affect the amount of any payment to, or mate-
17 rially adversely affect the rights of, the corporation or such bondhold-
18 ers. The state representative is authorized and directed to include
19 this pledge and agreement in the sale agreement and authorizes and
20 directs the corporation, as agent of the state to include this pledge
21 and agreement in any contract with the bondholders of the corporation.
22 Notwithstanding these pledges and agreements by the state, the attorney
23 general may in his or her discretion enforce any and all provisions of
24 the master settlement agreement, without limitation.
25 2. Prior to the date which is one year and one day after the corpo-
26 ration no longer has any bonds outstanding, the corporation shall have
27 no authority to file a voluntary petition under chapter 9 of the federal
28 bankruptcy code or such corresponding chapter or sections as may, from
29 time to time, be in effect, and neither any public officer nor any
30 organization, entity or other person shall authorize the corporation to
31 be or become a debtor under chapter 9 or any successor or corresponding
32 chapter or sections during such period. The state hereby covenants with
33 the owners of the bonds of the corporation that the state will not limit
34 or alter the denial of authority under this subdivision during the peri-
35 od referred to in the preceding sentence. The corporation is authorized
36 and directed as agent of the state to include this covenant as an agree-
37 ment of the state in any contract with the bondholders of the corpo-
38 ration.
39 3. To the extent deemed appropriate by the corporation and with the
40 approval of the state representative, any pledge and agreement of the
41 state with respect to the bonds as provided in this section may be
42 extended to, and included in, any ancillary bond facility as a pledge
43 and agreement of the state with the corporation and the benefited party.
44 4. The state acknowledges and agrees that the other participating
45 jurisdictions have rights and interests in the consent decree. In recog-
46 nition of the rights of the other participating jurisdictions contained
47 in the consent decree, the state pledges that the sale of the state's
48 share authorized by this act shall in no way include or be deemed to
49 include, and the state shall not otherwise alter, limit, or impair, the
50 rights of the other participating jurisdictions including, but not
51 limited to, rights to receive payments, set forth in the consent decree.
52 Nothing in this act shall be construed to alter the right of each of the
53 other participating jurisdictions under the consent decree to receive
54 payments or to sell or assign some or all of its interest in the manner
55 deemed appropriate pursuant to law by its governing body.
S. 1406--B 532 A. 2106--B
1 § 11. Bonds as legal investments. The bonds of the corporation are
2 hereby made securities in which all public officers and bodies of this
3 state and all municipalities and political subdivisions, all insurance
4 companies and associations and other persons carrying on an insurance
5 business, all banks, bankers, trust companies, savings banks and savings
6 associations, including savings and loan associations, building and loan
7 associations, investment companies and other persons carrying on a bank-
8 ing business, all administrators, guardians, executors, trustees and
9 other fiduciaries, and all other persons whatsoever who are now or may
10 hereafter be authorized to invest in bonds or in other obligations of
11 the state, may properly and legally invest funds, including capital, in
12 their control or belonging to them. The bonds are also hereby made
13 securities which may be deposited with and may be received by all public
14 officers and bodies of the state and all municipalities, political
15 subdivisions and public corporations for any purpose for which the
16 deposit of bonds or other obligations of the state is now or may here-
17 after be authorized.
18 § 12. Actions against the corporation. 1. An action against the
19 corporation for death, personal injury or property damage or founded on
20 tort shall not be commenced more than one year and ninety days after the
21 cause of action thereof shall have accrued nor unless a notice of claim
22 shall have been served on a member of the corporation or officer or
23 employee thereof designated by the corporation for such purpose, within
24 the time limited by, and in compliance with the requirements of section
25 50-e of the general municipal law.
26 2. The venue of every action, suit or special proceeding brought
27 against the corporation shall be laid in the county of Albany.
28 3. Neither any member of the corporation nor any officer, employee, or
29 agent of the corporation, while acting within the scope of their author-
30 ity, shall be subject to any personal liability resulting from exercis-
31 ing or carrying out of any of the corporation's purposes or powers.
32 § 13. Assistance to the corporation. The corporation may use agents,
33 employees and facilities of the authority and, with the consent of the
34 governor, comptroller or attorney general as the case may be, the corpo-
35 ration may use agents, employees and facilities of the state, paying to
36 the authority or the affected agency, office or department its agreed
37 proportion of the compensation or costs.
38 § 14. Preference for actions or proceedings against the corporation.
39 Any action or proceeding to which the corporation or the people of the
40 state may be parties, in which any question arises as to the validity of
41 this act, shall be preferred over all other civil causes of action or
42 cases, except election causes of action or cases, in all courts of the
43 state and shall be heard and determined in preference to all other civil
44 business pending therein, except election causes, irrespective of posi-
45 tion on the calendar. The same preference shall be granted upon applica-
46 tion of the corporation or its counsel in any action or proceeding ques-
47 tioning the validity of this act in which the corporation may be allowed
48 to intervene. The venue of any such action or proceeding shall be laid
49 in the supreme court of the county of Albany.
50 § 15. Construction. This act and all powers granted hereby shall be
51 liberally construed to effectuate its intent and their purposes, without
52 implied limitations thereon. This act shall constitute full and complete
53 authority for all things herein contemplated to be done. All rights and
54 powers herein granted shall be cumulative with those derived from other
55 sources and shall not, except as expressly stated herein, be construed
56 in limitation thereof. Insofar as the provisions of this act are incon-
S. 1406--B 533 A. 2106--B
1 sistent with the provisions of any other act, general or special, the
2 provisions of this act shall be controlling.
3 § 16. Severability clause. If any clause, sentence, paragraph, section
4 or part of this act be adjudged by any court of competent jurisdiction
5 to be invalid, such judgment shall not affect, impair or invalidate the
6 remainder hereof but shall be applied in its operation to the clause,
7 sentence, paragraph, section or part hereof directly involved in the
8 controversy in which such judgment shall have been rendered.
9 § 2. The state finance law is amended by adding a new section 92-bb to
10 read as follows:
11 § 92-bb. Tobacco bond proceeds fund. 1. There is hereby established in
12 the sole custody of the state comptroller a fund to be known as the
13 tobacco bond proceeds fund.
14 2. Such fund shall consist of the net proceeds, as such term is
15 defined in subdivision seventeen of section three of the Tobacco Settle-
16 ment Financing Corporation Act, of the sale of bonds, notes, certif-
17 icates of participation or other evidence of indebtedness issued by the
18 tobacco settlement financing corporation pursuant to section six of the
19 Tobacco Settlement Financing Corporation Act, all interest earned by
20 such net proceeds and all other moneys credited or transferred thereto
21 from any other fund pursuant to law.
22 3. No moneys in such fund shall be expended from such fund until the
23 state comptroller determines that legislative passage of the budget has
24 occurred for the current state fiscal year in accordance with the
25 provisions of subdivision three of section five of the legislative law.
26 4. All monies shall remain in such fund unless otherwise directed by
27 statute.
28 § 3. The state comptroller shall provide to the governor, the chairman
29 and ranking minority member senate finance committee, and the chairman
30 and ranking minority member of the assembly ways and means committee, on
31 a quarterly fiscal year basis, the deposits to and interest earned by
32 the tobacco bond proceeds fund established pursuant to section 92-bb of
33 the state finance law and a schedule setting forth the purposes for
34 which moneys have been expended and paid out of such fund.
35 § 4. Subdivision 1 of section 17 of the public officers law is amended
36 by adding a new paragraph (q) to read as follows:
37 (q) For the purposes of this section, the term "employee" shall
38 include the members, officers and employees of the tobacco settlement
39 financing corporation.
40 § 5. The state finance law is amended by adding a new section 97-cccc
41 to read as follows:
42 § 97-cccc. Tobacco revenue guarantee fund. 1. There is hereby estab-
43 lished in the sole custody of the state comptroller a fund to be known
44 as the tobacco revenue guarantee fund.
45 2. Notwithstanding any inconsistent provision of law, rule or regu-
46 lation to the contrary, the director of the division of the budget shall
47 provide to chairpersons of the senate finance and assembly ways and
48 means committees, as part of the annual executive budget submissions, a
49 health care reform act financial plan which shall include, but not be
50 limited to, quarterly estimates of health care reform act receipts and
51 disbursements. Such plan shall be updated on a quarterly basis, within
52 thirty days of the quarter to which it shall pertain, based on the actu-
53 al experience of receipts, disbursements and transfers, in a form suit-
54 able for comparison to the annual financial plan. Such plan and quarter-
55 ly updates shall be delivered to the temporary president of the senate,
56 the speaker of the assembly and the comptroller prior to January twelfth
S. 1406--B 534 A. 2106--B
1 annually, and within thirty days after the end of each quarter, respec-
2 tively.
3 3. During each such quarter, the commissioner of health shall assess
4 the receipts deposited to the credit of the health care reform act
5 pursuant to a chapter of the laws of two thousand three. At the same
6 time, the comptroller shall determine the amount of the payment that
7 would have been due to the state for the state's share of the tobacco
8 master settlement agreement as of April thirtieth of each such state
9 fiscal year. The comptroller in consultation with the commissioner of
10 health shall then determine: (a) whether the actual receipts to be
11 received prior to the end of each quarter are less than the greater of
12 the planned receipts or estimated disbursements; (b) if such determi-
13 nation results in an underpayment or deficiency, the comptroller shall
14 immediately issue a declaration to the division of the budget and the
15 commissioner of health identifying the amount of such underpayment or
16 deficiency; (c) notwithstanding any provision of law, upon receipt of
17 such declaration of underpayment or deficiency, the comptroller shall
18 transfer from amounts available in the general fund including, but not
19 limited to amounts collected pursuant to article twenty-two of the tax
20 law, to the tobacco revenue guarantee fund the amount identified as the
21 underpayment or deficiency pursuant to paragraph (b) of this subdivi-
22 sion. Provided, however, that the total amount so transferred to the
23 tobacco revenue guarantee fund during any such state fiscal year shall
24 not exceed the amount of the payment that would have been due to the
25 state for the state's share of the tobacco master settlement agreement
26 as of April thirtieth of each such state fiscal year.
27 4. At the request of the commissioner of health, the comptroller shall
28 transfer any and all funds in the tobacco revenue guarantee fund to the
29 tobacco control and insurance initiatives pool established pursuant to
30 section twenty-eight hundred seven-v of the public health law. No later
31 than the thirty-first day of March, two thousand five, and again on the
32 thirty-first day of March, two thousand six, the commissioner of health
33 shall issue a report to the chairpersons of the assembly ways and means
34 committee and the senate finance committee setting forth the calcu-
35 lations performed and the transfers made pursuant to this section.
36 § 6. Section 84 of chapter 1 of the laws of 1999, relating to the
37 Health Care Reform Act of 2000, is amended to read as follows:
38 § 84. Notwithstanding any inconsistent provision of law, rule or
39 regulation, up to two hundred seventy-six million dollars ($276,000,000)
40 for the period January 1, 2000 through December 31, 2000; up to three
41 hundred five million dollars ($305,000,000) for the period January 1,
42 2001 through December 31, 2001; up to three hundred eighty-three million
43 dollars ($383,000,000) for the period January 1, 2002 through December
44 31, 2002; and up to [three hundred sixty] four hundred fifty-six million
45 dollars ($[360,000,000] 456,000,000) for the period January 1, 2003
46 through [June 30] December 31, 2003 shall be transferred by the state
47 comptroller from the tobacco settlement fund to the tobacco control and
48 insurance initiatives pool to be established and distributed by the
49 commissioner of health in accordance with section 2807-v of the public
50 health law. Such transfer shall be initiated upon direction by the
51 state director of the budget.
52 § 7. This act shall take effect immediately; provided, however, that
53 sections five and six of this act shall take effect on the same date as
54 a chapter of the laws of 2003 which extends the Health Care Reform Act
55 of 2000 as enacted by chapter 1 of the laws of 1999 or successor legis-
S. 1406--B 535 A. 2106--B
1 lation to such Health Care Reform Act of 2000 as expressed in the intent
2 of such legislation.
3 PART E3
4 Section 1. Paragraph 5 of subdivision a of section 1612 of the tax
5 law, as added by section 2 of part C of chapter 383 of the laws of 2001,
6 subparagraph (B) as amended by section 6 of part EE of chapter 85 of the
7 laws of 2002, is amended to read as follows:
8 (5) (A) The balance of the total revenue after payout for prizes for
9 games known as "video lottery gaming," less [fifteen] ten percent of the
10 total revenue wagered after payout for prizes to be retained by the
11 division for operation, administration, and procurement [and promo-
12 tional] purposes; and less a vendor's fee to be paid to the track opera-
13 tor at a rate [to be established by the division which shall be not less
14 than twelve percent or more than twenty-five] of twenty-nine percent of
15 the total revenue wagered at the vendor track after payout for prizes
16 pursuant to this chapter, which amount shall be paid to the operator of
17 the racetrack for serving as a lottery agent under this pilot program.
18 In establishing the lottery agent fee, the division shall ensure the
19 maximum lottery support for education while also ensuring the effective
20 implementation of section sixteen hundred seventeen-a of this article
21 through the provision of reasonable reimbursements and compensation to
22 vendor tracks for participation in such pilot program.
23 (B) In consideration for its licensure and participation in this pilot
24 program, each track shall reinvest in the racing industry a percentage
25 of the vendor fee received pursuant to subparagraph (A) of this para-
26 graph in the manner set forth in this subparagraph. Each such track
27 shall dedicate the following percentages of its vendor fee solely for
28 the purpose of enhancing purses at said track: (i) in the first [year],
29 second, and third years of video lottery gaming at such track, [thirty-
30 five] 25.9 percent; [and] (ii) in the [second and any subsequent year,
31 forty-five] fourth and fifth years, 26.7 percent; and (iii) in all
32 subsequent years, 34.5 percent. In addition, [no less than five] in the
33 first through fifth years of operation, 4.3 percent and in the sixth and
34 subsequent years, 5.2 percent of its vendor fee shall be distributed to
35 the appropriate breeding fund for the manner of racing conducted by said
36 track.
37 Provided further, however, nothing in this [subparagrah] subparagraph
38 shall prevent each track from entering into an agreement, not to exceed
39 five years, with the organization authorized to represent its horsemen
40 to reduce the percentage of its vendor fee dedicated to enhancing purses
41 at such track during the [initial three] years of participation by such
42 track[, to an amount not less than twenty-five percent. After any
43 initial mutually agreed to reduction under this subparagraph, the amount
44 of the vendor fee payable to purses shall revert to the preceding
45 subparagraph].
46 (C) The specifications for video lottery gaming shall be designed in
47 such a manner as to pay prizes that average no less than ninety
48 percent of sales.
49 (D) Of the [fifteen] ten percent retained by the division for adminis-
50 trative purposes, any amounts beyond that which [is] are necessary for
51 the [promotion,] operation [or] and administration of this pilot
52 program[,] shall be deposited in the lottery education account.
53 § 2. Section 1617-a of the tax law, as added by section 1 of part C of
54 chapter 383 of the laws of 2001, is amended to read as follows:
S. 1406--B 536 A. 2106--B
1 § 1617-a. Video lottery gaming. a. The division of the lottery is
2 hereby authorized to license, pursuant to rules and regulations to be
3 promulgated by the division of the lottery, the operation of video
4 lottery gaming at Aqueduct, Monticello, Yonkers, Finger Lakes, and
5 Vernon Downs racetracks, or at any other racetrack licensed pursuant to
6 article three of the racing, pari-mutuel wagering and breeding law that
7 are located in a county or counties in which video lottery gaming has
8 been authorized pursuant to local law, excluding the licensed racetrack
9 commonly referred to in article three of the racing, pari-mutuel wager-
10 ing and breeding law as the "New York state exposition" held in Onondaga
11 county and the racetracks of the non-profit racing association known as
12 Belmont Park racetrack and the Saratoga thoroughbred racetrack. Such
13 rules and regulations shall provide, as a condition of licensure, that
14 racetracks to be licensed are certified to be in compliance with all
15 state and local fire and safety codes, that the division is afforded
16 adequate space, infrastructure, and amenities consistent with industry
17 standards for such video gaming operations as found at racetracks in
18 other states, that racetrack employees involved in the operation of
19 video lottery gaming pursuant to this section are licensed by the racing
20 and wagering board, and such other terms and conditions of licensure as
21 the division may establish. Notwithstanding any inconsistent provision
22 of law, video lottery gaming at a racetrack pursuant to this section
23 shall be deemed an approved activity for such racetrack under the rele-
24 vant city, county, town, or village land use or zoning ordinances,
25 rules, or regulations. No racetrack operating video lottery gaming
26 pursuant to this section may house such gaming activity in a structure
27 deemed or approved by the division as "temporary" for a duration of
28 longer than eighteen-months.
29 The division, in consultation with the racing and wagering board,
30 shall establish standards for approval of the temporary and physical
31 layout and construction of any facility or building devoted to a video
32 lottery gaming operation. In reviewing such application for the
33 construction or reconstruction of facilities related or devoted to the
34 operation or housing of video lottery gaming operations, the division,
35 in consultation with the racing and wagering board, shall ensure that
36 such facility:
37 (1) possesses superior consumer amenities and conveniences to encour-
38 age and attract the patronage of tourists and other visitors from across
39 the region, state, and nation.
40 (2) has adequate motor vehicle parking facilities to satisfy patron
41 requirements.
42 (3) has a physical layout and location that facilitates access to the
43 horse racing track portion of such racing facility.
44 b. Video lottery gaming shall only be permitted [during the hours of
45 ten a.m. through ten p.m. Sunday through Thursday and twelve p.m.
46 through twelve a.m. Friday and Saturday, provided, however, that the
47 lottery may authorize such video lottery gaming on public holidays and
48 the day preceding such holidays from twelve p.m. through twelve a.m.]
49 for no more than sixteen consecutive hours per day and on no day shall
50 such operation be conducted past 2:00 a.m.
51 c. The division shall promulgate such rules and regulations as may be
52 necessary for the implementation of video lottery gaming in accordance
53 with the provisions of this section and paragraph five of subdivision a
54 of section sixteen hundred twelve of this article.
55 d. All workers engaged in the construction, reconstruction, develop-
56 ment, rehabilitation, or maintenance of any area for the purpose of the
S. 1406--B 537 A. 2106--B
1 installation, maintenance, or removal of video lottery terminals shall
2 be subject to the provisions of articles eight and nine of the labor law
3 to the extent provided in such articles.
4 § 3. Section 3 of part EE of chapter 85 of the laws of 2002 amending
5 the tax law and other laws and making provisions relating to taxation
6 and related financial matters, is amended to read as follows:
7 § 3. Notwithstanding section 208 of the racing, pari-mutuel wagering
8 and breeding law or any other provision of law to the contrary, a fran-
9 chise granted to a non-profit racing association organized pursuant to
10 section 202 of the racing, pari-mutuel wagering and breeding law is
11 hereby extended until December thirty-first, two thousand [twelve,]
12 thirteen; provided, however, that such franchise shall only be extended
13 after the division of the lottery certifies to the governor, the tempo-
14 rary president of the senate, and the speaker of the assembly that video
15 lottery gaming authorized pursuant to chapter 383 of the laws of 2001 is
16 in operation at Aqueduct racetrack on or before [April] March first, two
17 thousand [three] four.
18 § 4. Section 4 of part C of chapter 383 of the laws of 2001 amending
19 the tax law and other laws relating to authorizing the division of the
20 lottery to conduct a pilot program involving the operation of video
21 lottery terminals at certain racetracks, as amended by section 4 of part
22 EE of chapter 85 of the laws of 2002, is amended to read as follows:
23 § 4. This act shall take effect immediately; provided, however, that
24 the provisions of this act shall expire and be deemed repealed [December
25 31, 2007] ten years after the division of the lottery certifies to the
26 governor, the temporary president of the senate and the speaker of the
27 assembly that video lottery gaming is in operation in at least one race-
28 track; provided that the division of the lottery shall also notify the
29 legislative bill drafting commission in order that the commission may
30 maintain an accurate and timely effective data base of the official text
31 of the laws of the state of New York in furtherance of effecting the
32 provisions of section 44 of the legislative law and section 70-b of the
33 public officers law.
34 § 5. The state finance law is amended by adding a new section 99-i to
35 read as follows:
36 § 99-i. Problem and compulsive gambling education prevention fund. 1.
37 There is hereby established in the joint custody of the state comp-
38 troller and the commissioner of taxation and finance a special fund to
39 be known as the "problem and compulsive gambling education prevention
40 fund".
41 2. Such fund shall consist of all other moneys appropriated, credited
42 or transferred thereto from any other fund or source pursuant to law;
43 and
44 3. Moneys of the fund, following appropriation by the legislature,
45 shall be expended only for the development, expansion, and operation of
46 compulsive or problem gambling education prevention programs conducted
47 in accordance with section 41.57 of the mental hygiene law. Moneys for
48 such purposes shall be used to the extent that they are available within
49 the fund.
50 4. The moneys of the fund shall be paid out on the audit and warrant
51 of the state comptroller on vouchers certified or approved by the
52 commissioner of mental health. At the end of each year, any moneys
53 remaining in the fund shall be retained in the fund and shall not revert
54 to the general fund. The interest and income earned on money in the
55 fund, after deducting any applicable charges, shall be credited to the
56 fund.
S. 1406--B 538 A. 2106--B
1 § 6. Subdivision (a) of section 7.15 of the mental hygiene law, as
2 amended by chapter 83 of the laws of 1995, is amended to read as
3 follows:
4 (a) The commissioner shall plan, promote, establish, develop, coordi-
5 nate, evaluate, and conduct programs and services of prevention, diagno-
6 sis, examination, care, treatment, rehabilitation, training, and
7 research for the benefit of the mentally ill. Such programs shall
8 include but not be limited to in-patient, out-patient, partial hospital-
9 ization, day care, emergency, rehabilitative, and other appropriate
10 treatments and services. The commissioner shall also develop plans, and
11 cause to be promoted, programs and services related to compulsive gambl-
12 ing education and treatment consistent with section 41.57 of this chap-
13 ter. He or she shall take all actions that are necessary, desirable, or
14 proper to implement the purposes of this chapter and to carry out the
15 purposes and objectives of the department within the amounts made avail-
16 able therefor by appropriation, grant, gift, devise, bequest, or allo-
17 cation from the mental [hygiene] health services fund established under
18 section ninety-seven-f of the state finance law or the problem and
19 compulsive gambling education prevention fund established under section
20 ninety-nine-i of the state finance law.
21 § 7. This act shall take effect immediately; provided, however, that
22 the amendments to paragraph 5 of subdivision a of section 1612 of the
23 tax law made by section one of this act and the amendments to section
24 1617-a of the tax law made by section two of this act shall not affect
25 the repeal of such paragraph and such section and shall be deemed to be
26 repealed therewith.
27 PART F3
28 Section 1. The racing, pari-mutuel wagering and breeding law is
29 amended by adding a new section 111 to read as follows:
30 § 111. Regulatory fees. 1. Payment of the regulatory fees imposed by
31 this chapter shall be made to the board by each entity required to make
32 such payments on the last business day of each month and shall cover the
33 fees due for the period from the sixteenth day of the preceding month
34 through the fifteenth day of the current month, provided however that
35 all such payments required to be made on March thirty-first shall
36 include all fees due and accruing through the last full week of racing
37 of the current year or as otherwise determined by the board and shall be
38 accompanied by a report under oath, showing such information as the
39 board may require. A penalty of five percent, and interest at the rate
40 of one percent per month from the date the report is required to be
41 filed to the date of the payment of the fee shall be payable in case any
42 fee imposed by this chapter is not paid when due. If the board deter-
43 mines that any regulatory fees received by it under this chapter were
44 paid in error, the board may cause the same to be refunded without
45 interest out of any monies collected thereunder, provided an application
46 therefor is filed with the board within one year from the time the erro-
47 neous payment is made.
48 2. The board or its duly authorized representatives shall have the
49 power to examine or cause to be examined the books and records of each
50 entity required to pay the regulatory fee imposed by this chapter for
51 the purpose of examining and checking the same and ascertaining whether
52 or not the proper amount or amounts due are being paid. If in the opin-
53 ion of the board, after such examination, any such report is incorrect,
54 the board is authorized to issue an assessment fixing the correct amount
S. 1406--B 539 A. 2106--B
1 of such fee. Such assessments may be issued within three years from the
2 filing of any report. Any such assessment shall be final and conclusive
3 unless an application for a hearing is filed by the reporting entity
4 within thirty days of the assessment. The action of the board in
5 making such final assessment shall be reviewable in the supreme court in
6 the manner provided by and subject to the provisions of article seven-
7 ty-eight of the civil practice law and rules.
8 3. The board shall submit to the director of the division of the budg-
9 et an annual plan that details the amount of money the board deems
10 necessary to maintain the operations, compliance and enforcement of the
11 provisions of this chapter. Contingent upon approval of the director of
12 the division of the budget, the board shall pay into an account, to be
13 known as the racing regulation account, under the joint custody of the
14 comptroller and the board, the total amount of the regulatory fees
15 collected pursuant to this chapter. With the approval of the director of
16 the budget, monies to be utilized to maintain the operations necessary
17 to implement the provisions of this chapter shall be paid out of such
18 account on the audit and warrant of the comptroller on vouchers certi-
19 fied and approved by the director of the division of the budget or his
20 duly designated official.
21 § 2. Subdivision 1 of section 228 of the racing, pari-mutuel wagering
22 and breeding law, as amended by chapter 281 of the laws of 1994, is
23 amended to read as follows:
24 1. Every corporation or association authorized under this chapter to
25 conduct pari-mutuel betting at a race meeting on races run thereat,
26 except as provided in section two hundred twenty-nine of this chapter
27 with respect to nonprofit racing associations, shall distribute all sums
28 deposited in any pari-mutuel pool to the holders of winning tickets
29 therein, providing such tickets be presented for payment before April
30 first of the year following the year of their purchase, less [seventeen
31 per centum of the total deposits in pools] an amount which shall be
32 established and retained by such racing association or corporation of
33 between fourteen to twenty per centum of the total deposits in pools
34 resulting from regular on-track bets and less [nineteen per centum]
35 sixteen to twenty-two per centum of the total deposits in pools result-
36 ing from multiple on-track bets and less [twenty-five per centum] twenty
37 to thirty per centum of the total deposits in pools resulting from exot-
38 ic on-track bets and less twenty to thirty-six per centum of the total
39 pools resulting from super exotic on-track bets, plus the breaks. The
40 retention rate to be established is subject to the prior approval of the
41 racing and wagering board. Such rate may not be changed more than once
42 per calendar quarter to be effective on the first day of the calendar
43 quarter. "Exotic bets" and "multiple bets" shall have the meanings set
44 forth in section five hundred nineteen of this chapter and breaks are
45 hereby defined as the odd cents over any multiple of ten, or for exotic
46 bets over any multiple of fifty, or for super exotic bets, over any
47 multiple of one hundred, calculated on the basis of one dollar, other-
48 wise payable to a patron provided, however, that effective after October
49 fifteenth, nineteen hundred ninety-four breaks are hereby defined as the
50 odd cents over any multiple of five for payoffs greater than one dollar
51 five cents but less than five dollars, over any multiple of ten for
52 payoffs greater than five dollars but less than twenty-five dollars,
53 over any multiple of twenty-five for payoffs greater than twenty-five
54 dollars but less than two hundred fifty dollars, or over any multiple of
55 fifty for payoffs over two hundred fifty dollars. "Super exotic bets"
56 shall have the meaning set forth in section three hundred one of this
S. 1406--B 540 A. 2106--B
1 chapter. Of the amount so retained there shall be paid by such corpo-
2 ration or association to the state tax commission as a reasonable tax by
3 the state for the privilege of conducting pari-mutuel betting on the
4 races run at the race meeting held by such corporation or association,
5 which tax is hereby levied, the following percentages of the total pool,
6 plus fifty-five per centum of the breaks; the applicable rates for regu-
7 lar and multiple bets shall be one and one-half per centum; the applica-
8 ble rates for exotic bets shall be six and three-quarter per centum and
9 the applicable rate for super exotic bets shall be seven and three-quar-
10 ter per centum. Effective on and after September first, nineteen hundred
11 ninety-four, the applicable tax rate shall be one per centum of all
12 wagers, provided that, an amount equal to one-half the difference
13 between the taxation rate for on-track regular, multiple and exotic bets
14 as of December thirty-first, nineteen hundred ninety-three and the rates
15 on such on-track wagers as herein provided shall be used exclusively for
16 purses. Provided, however, that for any twelve-month period beginning on
17 April first in nineteen hundred ninety and any year thereafter, each of
18 the applicable rates set forth above shall be increased by one-quarter
19 of one per centum on all on-track bets of any such racing association or
20 corporation that did not expend an amount equal to at least one-half of
21 one per centum of its on-track bets during the immediately preceding
22 calendar year for enhancements consisting of capital improvements as
23 defined by section two hundred twenty-eight-a of this article, repairs
24 to its physical plant, structures, and equipment used in its racing or
25 wagering operations as certified by the state racing and wagering board
26 to the commissioner of taxation and finance no later than eighty days
27 after the close of such calendar year, and five special events at each
28 track in each calendar year, not otherwise conducted in the ordinary
29 course of business, the purpose of which shall be to encourage, attract
30 and promote track attendance and encourage new and continued patronage,
31 which events shall be approved by the racing and wagering board for
32 purposes of this subdivision. In the determination of the amounts
33 expended for such enhancements, the board may consider the immediately
34 preceding twelve month calendar period or the average of the two imme-
35 diately preceding twelve month calendar periods. Provided further,
36 however, that of the portion of the increased amounts retained by such
37 association or corporation above those amounts retained in nineteen
38 hundred eighty-four, an amount of such increase shall be distributed to
39 purses in the same proportion as commissions and purses were distributed
40 during nineteen hundred eighty-four as certified by the board. Such
41 corporation or association in the second zone shall receive a credit
42 against the daily tax imposed by this subdivision in an amount equal to
43 one per centum of total daily pools resulting from the simulcast of such
44 corporation's or association's races to licensed facilities operated by
45 regional off-track betting corporations in accordance with section one
46 thousand eight of this chapter, provided however, that sixty per centum
47 of the amount of such credit shall be used exclusively to increase purs-
48 es for overnight races conducted by such corporation or association;
49 and, provided further, that in no event shall such total daily credit
50 exceed one per centum of the total daily pool of such association or
51 corporation. Provided, however, that on and after September first, nine-
52 teen hundred ninety-four such credit shall be four-tenths percent of
53 total daily pools resulting from such simulcasting and that in no event
54 shall such total daily credit equal four-tenths percent of the total
55 daily pool of such association or corporation. Such corporation or asso-
56 ciation shall pay to the New York state thoroughbred breeding and devel-
S. 1406--B 541 A. 2106--B
1 opment fund one-half of one per centum of the total daily on-track pari-
2 mutuel pools from regular, multiple and exotic bets, and three per
3 centum of super exotic bets. The corporation or association shall
4 receive credit as a reduction of the tax by the state for the privilege
5 of conducting pari-mutuel betting for the amounts, except amounts paid
6 from super exotic betting pools, paid to the New York state thoroughbred
7 breeding and development fund after January first, nineteen hundred
8 seventy-eight.
9 Such corporation or association shall distribute to purses an amount
10 equal to fifty per centum of any compensation it receives from simul-
11 casting or from wagering conducted outside the United States. Such
12 corporation or association shall pay to the racing and wagering board as
13 a regulatory fee, which fee is hereby levied, thirty-nine hundredths of
14 one per centum of the total daily on-track pari-mutuel pools of such
15 corporation or association.
16 § 3. Paragraphs (a) and (e) of subdivision 1 of section 229 of the
17 racing, pari-mutuel wagering and breeding law, paragraph (a) as amended
18 by chapter 94 of the laws of 2001 and paragraph (e) as amended by chap-
19 ter 277 of the laws of 2001, are amended to read as follows:
20 (a) Every nonprofit racing association authorized under this chapter
21 to conduct pari-mutuel betting at a race meeting or races run thereat
22 shall distribute all sums deposited in any pari-mutuel pool to the hold-
23 ers of winning tickets therein, provided such tickets be presented for
24 payment before April first of the year following the year of their
25 purchase, less [seventeen] an amount which shall be established and
26 retained by such nonprofit racing association of between twelve to
27 seventeen per centum of the total deposits in pools resulting from
28 on-track regular [and multiple] bets, and fourteen to twenty-one percen-
29 tum of the total deposits in pools resulting from on-track multiple bets
30 and fifteen to twenty-five per centum of the total deposits in pools
31 resulting from on-track exotic bets and fifteen to thirty-six per centum
32 of the total deposits in pools resulting from on-track super exotic
33 bets, [provided, however, that during the period July twenty-first,
34 nineteen hundred ninety-five through July twenty-fourth, two thousand
35 one, fifteen per centum of total deposits in pools resulting from
36 on-track regular bets and twenty per centum of total deposits in pools
37 resulting from on-track multiple bets; provided, however, that during
38 the period July twenty-fifth, two thousand one through June thirtieth,
39 two thousand four, fourteen per centum of total deposits in pools
40 resulting from on-track regular bets, seventeen and one-half per centum
41 of the total deposits in pools resulting from on-track multiple bets and
42 twenty per centum of the total deposits resulting from an exotic wager
43 which requires the selection of the winner of six designated pari-mutuel
44 races, also known as the pick six, unless there is a carry-over as
45 defined by the rules of the board, shall be retained by such nonprofit
46 racing association] plus the breaks. The retention rate to be estab-
47 lished is subject to the prior approval of the racing and wagering
48 board. Such rate may not be changed more than once per calendar quarter
49 to be effective on the first day of the calendar quarter. "Exotic bets"
50 and "multiple bets" shall have the meanings set forth in section five
51 hundred nineteen of this chapter. "Super exotic bets" shall have the
52 meaning set forth in section three hundred one of this chapter. For
53 purposes of this section, a "pick six bet" shall mean a single bet or
54 wager on the outcomes of six races. The breaks are hereby defined as the
55 odd cents over any multiple of five for payoffs greater than one dollar
56 five cents but less than five dollars, over any multiple of ten for
S. 1406--B 542 A. 2106--B
1 payoffs greater than five dollars but less than twenty-five dollars,
2 over any multiple of twenty-five for payoffs greater than twenty-five
3 dollars but less than two hundred fifty dollars, or over any multiple of
4 fifty for payoffs over two hundred fifty dollars. Out of the amount so
5 retained there shall be paid by such nonprofit racing association to the
6 commissioner of taxation and finance, as a reasonable tax by the state
7 for the privilege of conducting pari-mutuel betting on the races run at
8 the race meetings held by such nonprofit racing association, the follow-
9 ing percentages of the total pool for regular and multiple bets five per
10 centum of regular bets and four per centum of multiple bets plus twenty
11 per centum of the breaks; for exotic wagers seven and one-half per
12 centum plus twenty per centum of the breaks, and for super exotic bets
13 seven and one-half per centum plus fifty per centum of the breaks. For
14 the period June first, nineteen hundred ninety-five through September
15 ninth, nineteen hundred ninety-nine, such tax on regular wagers shall be
16 three per centum and such tax on multiple wagers shall be two and one-
17 half per centum, plus twenty per centum of the breaks. For the period
18 September tenth, nineteen hundred ninety-nine through March thirty-
19 first, two thousand one, such tax on all wagers shall be two and six-
20 tenths per centum and for the period April first, two thousand one
21 through December thirty-first, two thousand seven, such tax on all
22 wagers shall be one and six-tenths per centum, plus, in each such peri-
23 od, twenty per centum of the breaks. Payment to the New York state
24 thoroughbred breeding and development fund by such association shall be
25 one-half of one per centum of total daily on-track pari-mutuel pools
26 resulting from regular, multiple and exotic bets and three per centum of
27 super exotic bets provided, however, that for the period September
28 tenth, nineteen hundred ninety-nine through March thirty-first, two
29 thousand one, such payment shall be six-tenths of one per centum of
30 regular, multiple and exotic pools and for the period April first, two
31 thousand one through December thirty-first, two thousand seven, such
32 payment shall be seven-tenths of one per centum of such pools.
33 (e) The pari-mutuel tax rate authorized by paragraph (a) of this
34 subdivision shall be effective so long as a non-profit racing associ-
35 ation notifies the racing and wagering board by August fifteenth of each
36 year that such pari-mutuel tax rate is effective of its intent to
37 conduct a race meeting at Aqueduct racetrack during the months of Decem-
38 ber, January, February, March and April. For purposes of this paragraph
39 such race meeting shall consist of not less than ninety-five days of
40 racing. Not later than May first of each year that such pari-mutuel tax
41 rate is effective, the racing and wagering board shall determine whether
42 a race meeting at Aqueduct racetrack consisted of the number of days as
43 required by this paragraph. In determining the number of race days,
44 cancellation of a race day because of an act of God, which the racing
45 and wagering board approves or because of weather conditions that are
46 unsafe or hazardous which the racing and wagering board approves shall
47 not be construed as a failure to conduct a race day. Additionally,
48 cancellation of a race day because of circumstances beyond the control
49 of such non-profit racing association for which the racing and wagering
50 board gives approval shall not be construed as a failure to conduct a
51 race day. If the racing and wagering board determines that the number of
52 days of racing as required by this paragraph have not occurred then the
53 pari-mutuel tax rate in paragraph (a) of this subdivision shall revert
54 to the pari-mutuel tax rates in effect prior to January first, nineteen
55 hundred ninety-five. Such non-profit racing association shall pay to
56 the racing and wagering board as a regulatory fee, which fee is hereby
S. 1406--B 543 A. 2106--B
1 levied, thirty-nine hundredths of one per centum of the total daily
2 on-track pari-mutuel pools of such association.
3 § 4. Intentionally omitted.
4 § 5. Subdivision 4 of section 301 of the racing, pari-mutuel wagering
5 and breeding law, as amended by chapter 2 of the laws of 1995, is
6 amended to read as follows:
7 4. The term "super exotic bet" or "super exotic wager", as used in
8 this chapter, shall mean a single bet or wager on six or more horses,
9 evidenced by a single ticket and representing an interest in a betting
10 pool hereby authorized to be conducted by licensed racing associations
11 or corporations or regional off-track betting corporations pursuant to
12 rules and regulations of the state racing and wagering board. Such rules
13 and regulations shall provide the manner in which winning tickets in
14 such pool shall be determined and may provide that a portion only of the
15 amounts otherwise available to winners of such pools be paid to holders
16 of consolation tickets combining the most winning horses as provided in
17 such rules and regulations and that the balance of amounts otherwise
18 available to winners from such pool be carried forward and deposited in
19 any subsequent super exotic pools. Such rules and regulations shall also
20 provide that an amount not to exceed six per centum of the total wagers
21 in each super exotic pool may be used or accumulated to reimburse any
22 such association or corporation conducting such pool for the cost of
23 assuring an advertised winning pay-out for winning wagers or for a capi-
24 tal improvement fund or to reimburse any such association or corporation
25 for amounts it has contributed to the amounts otherwise available for
26 winning wagers to increase the pay-out therefor. Such rules and regu-
27 lations may further provide that all of the amounts available for
28 winning tickets and accumulations therefor shall be distributed period-
29 ically to holders of tickets combining the most winners in a pool
30 conducted upon a date specified by the board and, in any event, shall
31 provide for complete disposition of all amounts available for winning
32 tickets and accumulations therefor before the end of the licensed meet
33 during which such super exotic pools are conducted. Notwithstanding the
34 foregoing or any other provisions of law, [if a nonprofit racing associ-
35 ation, a thoroughbred racing association or corporation, a harness
36 racing association or corporation or an off-track betting corporation
37 chooses to reduce the take out on super exotic bets to twenty-five per
38 centum,] all distributions [and], taxes and regulatory fees on super
39 exotic bets shall be distributed as though the bet were an exotic bet,
40 except that a balance may be retained and deposited in subsequent pools.
41 § 6. The opening paragraph of subdivision 1 of section 318 of the
42 racing, pari-mutuel wagering and breeding law, as amended by chapter 281
43 of the laws of 1994, is amended and a new paragraph d is added to read
44 as follows:
45 Except as otherwise provided by law, every association or corporation
46 authorized under this article to conduct pari-mutuel betting at a
47 harness horse race meeting on races run thereat shall distribute all
48 sums deposited in any pari-mutuel pool to the holders of winning tickets
49 therein, provided such tickets be presented for payment prior to April
50 first of the year following the year of their purchase, less [seventeen
51 per centum of the total deposits in pools] an amount which shall be
52 established and retained by such racing association or corporation of
53 between fourteen and twenty per centum of the total deposits in pools
54 resulting from regular bets, less [nineteen per centum] sixteen to twen-
55 ty-two per centum of the total deposits in pools resulting from multiple
56 bets, less [twenty-five per centum] twenty to thirty per centum of the
S. 1406--B 544 A. 2106--B
1 total deposits in pools resulting from exotic bets, and less [thirty-six
2 per centum] twenty to thirty-six per centum of the total betting depos-
3 its in pools resulting from super exotic bets, plus the breaks. [In
4 accordance with section nine hundred one of this chapter, the board may
5 approve an application from any harness racing association or corpo-
6 ration to reduce the retained percentages as herein required by no more
7 than six percentage points for each pari-mutuel pool resulting from
8 regular, multiple or exotic bets. Except as otherwise provided in this
9 section, such application shall require the written consent of such
10 track's horsemen's association or corporation.] The retention rate to be
11 established is subject to the prior approval of the racing and wagering
12 board. Such rate may not be changed more than once per calendar quarter
13 to be effective on the first day of the calendar quarter.
14 d. Every harness racing association or corporation shall pay to the
15 board as a regulatory fee, which fee is hereby levied, thirty-nine
16 hundredths of one percent of the total daily on-track pari-mutuel pools
17 of such association or corporation.
18 § 7. Section 322 of the racing, pari-mutuel wagering and breeding law
19 is amended to read as follows:
20 § 322. Approval of plans of corporation or association. The state
21 racing and wagering board shall not grant to a corporation or associ-
22 ation hereafter formed pursuant to sections two hundred twenty-two
23 through seven hundred five of this chapter, a license to conduct a
24 harness race meeting at which pari-mutuel betting may be conducted with-
25 in the state until such corporation or association shall have submitted
26 to the board a statement of the location of its proposed grounds and
27 racetrack, together with a plan of such racetrack, and plans of all
28 buildings, seating stands and other structures in such form as the board
29 may prescribe, and such plans shall have been approved in writing by the
30 board. [Alterations of existing buildings, seating stands and other
31 structures, and the erection of new or additional buildings, seating
32 stands or other structures may be made only with the written approval of
33 the board and after examination and inspection of the plans thereof and
34 the issuance of a permit therefor by the state racing and wagering
35 board.] The board at the expense of the applicant may order such engi-
36 neering examination thereof as the board may deem necessary. The
37 approval of the certificate of incorporation of such corporation or
38 association shall not be deemed to vest in it the right to a license to
39 conduct harness race meetings at such race course or racetrack unless
40 such grounds, track, buildings, seating stands and other structures
41 shall be completed in accordance with the plans approved by the board.
42 § 8. Subdivision 1 of section 508 of the racing, pari-mutuel wagering
43 and breeding law is amended to read as follows:
44 1. Each corporation shall have the power and is hereby authorized,
45 from time to time, [subject to the approval of the board] to issue nego-
46 tiable bonds and notes in such aggregate principal amounts as shall, in
47 the opinion of the corporation, be necessary together with such other
48 moneys or funds as may be available to the corporation, to provide funds
49 sufficient to enable the corporation to carry out its corporate
50 purposes, including the acquisition, construction, maintenance and
51 repair of personal and real property, the payment of interest on and
52 amortization of or payment of such bonds and notes, the establishment of
53 reserves or sinking funds to secure such bonds and notes, and all other
54 expenditures of the corporation incident to and necessary or desirable
55 for the carrying out of its corporate purposes and the exercise of its
56 powers. Except as may otherwise be expressly provided by the corpo-
S. 1406--B 545 A. 2106--B
1 ration, every issue of its bonds and notes shall be general obligations
2 of the corporation payable out of any revenues or moneys of the corpo-
3 ration, subject only to any agreements with the holders of particular
4 bonds or notes pledging any particular revenues or moneys. Whether or
5 not the bonds or notes are of such form and character as to be negoti-
6 able instruments under the provisions of article eight of the uniform
7 commercial code, the bonds and notes shall be and are hereby made nego-
8 tiable instruments within the meaning of and for all purposes of article
9 eight of the uniform commercial code, subject only to the provisions of
10 the bonds or notes for registration.
11 § 9. Subdivision 3 of section 524 of the racing, pari-mutuel wagering
12 and breeding law is amended to read as follows:
13 3. [Monthly] Quarterly financial statements shall be submitted by each
14 corporation to the board within fifteen days after the end of each
15 [month] calendar quarter, and shall include a balance sheet, a statement
16 of revenue net of expenses, statement of cash flow, a breakdown of oper-
17 ating and administrative expenses for the [month] quarter preceding
18 submission of the report and for the year to date. All such reports
19 shall be subject to audit by the state comptroller and shall be public
20 records.
21 § 10. The opening paragraph and the opening paragraph of subdivision 1
22 of section 527 of the racing, pari-mutuel wagering and breeding law, the
23 opening paragraph as amended by chapter 94 of the laws of 2001 and the
24 opening paragraph of subdivision 1 as amended by chapter 116 of the laws
25 of 2001, are amended to read as follows:
26 Each regional corporation conducting off-track betting shall distrib-
27 ute all sums deposited in any pari-mutuel pool through such corporation
28 to the holders of winning tickets therein, providing such tickets be
29 presented for payment prior to April first of the year following the
30 year of their purchase, less [seventeen per centum of the total deposits
31 in pools resulting from regular bets, less nineteen per centum of the
32 total deposits in pools resulting from multiple bets except such pools
33 on races conducted by a nonprofit racing association which shall be
34 seventeen per centum, less twenty-five per centum of the total deposits
35 in pools resulting from exotic bets, and less thirty-six per centum of
36 the total deposits in pools resulting from super exotic bets plus the
37 breaks; less an additional two per centum of the total deposits in all
38 pools of bets on thoroughbred races conducted by a thoroughbred track in
39 the Catskill region conducting a mixed meeting. The board may approve an
40 application from any regional off-track betting corporation to reduce
41 the retained percentages from any regional harness track as herein
42 required by no more than six percentage points for each pari-mutuel pool
43 resulting from regular, multiple or exotic bets. Provided, however, from
44 July twenty-first, nineteen hundred ninety-five through July twenty-
45 fourth, two thousand one, all such regional corporations shall retain
46 fifteen percent of the total deposits in pools resulting from regular
47 bets and twenty percent of the total deposits in pools resulting from
48 multiple bets plus the breaks on races conducted by a nonprofit racing
49 association. Provided, however, for the period July twenty-fifth, two
50 thousand one through June thirtieth, two thousand four all such regional
51 corporations shall retain fourteen per centum of the total deposits in
52 pools resulting from regular bets, seventeen and one-half per centum of
53 the total deposits in pools resulting from multiple bets and twenty per
54 centum of the total deposits in pools resulting from an exotic wager
55 which requires the selection of the winner of six designated pari-mutuel
56 races also known as the pick six unless there is a carry-over as defined
S. 1406--B 546 A. 2106--B
1 by the rules of the board, plus the breaks on races conducted by a
2 nonprofit racing association] an amount which it shall retain at the
3 same rate established by the track accepting wagers from each such
4 regional corporation.
5 The disposition of the retained commission from pools resulting from
6 regular, multiple or exotic bets, as the case may be, whether placed on
7 races run within a region or outside a region, conducted by nonprofit
8 racing associations, racing associations, harness racing associations or
9 corporations, quarter horse racing associations or corporations or races
10 run outside the state shall be governed by the tables in paragraphs a
11 and b of this subdivision. The rate denominated "state tax" shall repre-
12 sent the rate of a reasonable tax imposed upon the retained commission
13 for the privilege of conducting off-track pari-mutuel betting, which tax
14 is hereby levied and shall be payable in the manner set forth in this
15 section. Each off-track betting corporation shall pay to the racing and
16 wagering board as a regulatory fee, which fee is hereby levied, thirty-
17 nine hundredths of one percent of the total daily pools of such corpo-
18 ration. Each corporation shall also pay twenty per centum of the breaks
19 derived from bets on harness races and fifty per centum of the breaks
20 derived from bets on all other races to the agriculture and New York
21 State horse breeding and development fund and to the thoroughbred breed-
22 ing and development fund, the total of such payments to be apportioned
23 fifty per centum to each such fund. For the purposes of this section,
24 the New York city, Suffolk, Nassau, and the Catskill regions shall
25 constitute a single region and any thoroughbred track located within the
26 Capital District region shall be deemed to be within such single region.
27 A "regional meeting" shall refer to either harness or thoroughbred meet-
28 ings, or both, except that a nonprofit racing association shall not be a
29 regional track for the purpose of receiving distributions from bets on
30 thoroughbred races conducted by a thoroughbred track in the Catskill
31 region conducting a mixed meeting. Racing associations or corporations
32 first licensed to conduct pari-mutuel racing after January first, nine-
33 teen hundred eighty-six or a harness racing association or corporation
34 first licensed to conduct pari-mutuel wagering at a track located in
35 Genesee County after January first, two thousand four, and quarter horse
36 tracks shall not be "regional tracks"; if there is more than one harness
37 track within a region, such tracks shall evenly divide payments made
38 pursuant to the tables in paragraphs a and b of this subdivision when
39 neither track is running. In the event a track elects to reduce its
40 retained percentage from any or all of its pari-mutuel pools, the
41 payments to the track holding the race and the regional track required
42 by paragraphs a and b of this subdivision shall be reduced in proportion
43 to such reduction. Nothing in this section shall be construed to author-
44 ize the conduct of off-track betting contrary to the provisions of
45 section five hundred twenty-three of this article.
46 § 11. Section 901 of the racing, pari-mutuel wagering and breeding
47 law, the opening paragraph and subparagraph (i) of paragraph b of subdi-
48 vision 5 as amended by chapter 346 of the laws of 1990 and paragraph c
49 of subdivision 5 as amended by chapter 659 of the laws of 1986, is
50 amended to read as follows:
51 § 901. Reduction in retained commission. 1. [Notwithstanding any
52 inconsistent provision of sections two hundred twenty-two through seven
53 hundred five of this chapter, any nonprofit racing association author-
54 ized to hold a running race meet or meetings within zones one and two,
55 for the period beginning July twenty-eighth, nineteen hundred eighty-one
56 and ending June thirtieth, nineteen hundred eighty-three, shall reduce
S. 1406--B 547 A. 2106--B
1 the percentages retained from all pari-mutuel pools of regular and
2 multiple on-track wagers on races run at any such meet or meetings from
3 seventeen per centum to fifteen per centum of such pools of regular
4 bets, and from seventeen per centum to sixteen per centum per centum of
5 such pools of multiple bets. The percentage retained from all such off-
6 track wagers on such races shall be seventeen per centum of such pools.
7 2. The rate of tax imposed and hereby levied upon such nonprofit
8 racing association with respect to its pools of regular and multiple
9 wagers for the period ending June thirtieth, nineteen hundred eighty-
10 three, for any racing day for which such reduction is applicable,
11 subject to other provisions of sections two hundred twenty-two through
12 seven hundred five of this chapter regarding payment and penalties,
13 shall be three per centum of such pools of regular wagers and four per
14 centum of such pools of multiple wagers, plus twenty per centum of the
15 breaks allocated to such association in accordance with paragraph f of
16 subdivision three of this section. The board shall submit comprehensive
17 reports to the governor and the legislature on the effects, both
18 on-track and off-track, of the lower retention on attendance, the size
19 of the total daily pool, the pattern of wagering and all other aspects
20 of the impact on thoroughbred and standardbred racing and wagering,
21 together with its recommendations for further action, prior to March
22 first, nineteen hundred eighty-three for the period of reduced takeout
23 ending June thirtieth, nineteen hundred eighty-three.
24 3. The distribution of the wagering pools to the holders of winning
25 tickets during such period shall be governed by the provisions of this
26 subdivision.
27 a. All off-track wagers shall be combined with on-track wagers into
28 single pools for calculating the odds.
29 b. Tentative payments on regular and multiple wagers shall be calcu-
30 lated on the basis of returning eighty-three per centum of the combined
31 pool, less the breaks as defined in section two hundred twenty-nine of
32 this chapter, to holders of all winning tickets.
33 c. Tentative payments on regular and multiple wagers shall also be
34 calculated on the basis of returning eighty-five and eighty-four per
35 centum, respectively, of the combined pool, less the breaks as defined
36 in section two hundred twenty-nine of this chapter, to holders of all
37 winning tickets.
38 d. Regional off-track betting corporations shall distribute the
39 amounts determined in paragraph b of this subdivision to holders of
40 winning tickets issued by them retaining the amounts required by subdi-
41 vision three of section five hundred thirty-three of this chapter.
42 e. After deducting the amounts retained by the regional off-track
43 betting corporations pursuant to subdivision one of this section and
44 paragraph d of this subdivision, the balance of the pool remaining after
45 such distribution shall be available to nonprofit racing associations
46 for payment to holders of winning tickets issued by them. Such payments
47 shall be in the amounts determined in paragraph c of this subdivision.
48 f. The amount of the total combined pool less the amounts of combined
49 retention and combined payouts shall be credited to a special breakage
50 account. The amount in such account at the end of each calendar month
51 shall be distributed as breaks to each nonprofit racing association and
52 regional off-track betting corporation.
53 g. In the event that distributions required to be made pursuant to
54 paragraph e of this subdivision are in excess of the total amount of
55 pari-mutuel pool available to the nonprofit racing associations, then
56 each such association may withdraw an amount from the breakage account,
S. 1406--B 548 A. 2106--B
1 established pursuant to paragraph f of this subdivision, sufficient to
2 meet such excess requirement. To the extent that moneys in the breakage
3 account are insufficient, then each such association will meet its
4 excess requirement from its normal operating revenues.
5 h. The operation of this section shall be subject to the rules and
6 regulations of the state racing and wagering board.
7 4.] Notwithstanding the provisions of subdivision two of section five
8 hundred twenty-three of this chapter, the board shall authorize regional
9 off-track betting corporations to accept additional wagers on multiple
10 betting opportunities on races conducted by any nonprofit racing associ-
11 ation, provided, however, that from July thirty-first, nineteen hundred
12 seventy-eight through January first, nineteen hundred seventy-nine, the
13 following wagering opportunities shall be authorized only for such
14 corporations:
15 a. An "additional daily double," defined as a single bet or wager to
16 select the winning horses in any two races other than the first four
17 races, and
18 b. A "quinella," defined as a single bet or wager to select the horses
19 finishing first and second, in either order of finish, in the same race.
20 The "quinella" shall be offered on as many as three races on each day
21 racing is conducted.
22 Provided, however, that on and after January first, nineteen hundred
23 seventy-nine, nonprofit racing associations may elect to offer such
24 similar additional daily double and quinella wagering opportunities. If
25 such associations offer two or more quinellas, as defined herein, the
26 provisions of section five hundred twenty-three of this chapter, as
27 modified by the provisions of subdivisions one, two and three of this
28 section, with respect to combined pools shall apply with respect to such
29 wagering opportunities. At any time such associations do not offer at
30 least two quinellas, the provisions of this subdivision with respect to
31 separate authorizations for regional corporations shall remain in effect
32 with respect to such quinella wagers.
33 [If such associations offer an additional daily double, as defined
34 herein, the provisions of section five hundred twenty-three of this
35 chapter, as modified by the provisions of subdivisions one, two and
36 three of this section, with respect to combined pools shall apply with
37 respect to such wagering opportunities.] At any time such associations
38 do not offer such an additional daily double, the provisions of this
39 subdivision with respect to separate authorizations for regional corpo-
40 rations shall remain in effect with respect to such an additional daily
41 double wager.
42 Whenever regional off-track betting corporations offer wagers pursuant
43 to this subdivision that are not combined in a common pool with similar
44 on-track wagers, the provisions of subdivision eight of section five
45 hundred twenty-three of this chapter shall apply to such wagers.
46 [5]2. a. In addition to the authority granted under subdivision
47 [four] one of this section, the board shall require, under conditions
48 subject to its approval, the track operator for such nonprofit racing
49 associations to provide direct transmissions into selected regional
50 off-track facilities of a current "live call of the race," defined as
51 the current positions of the horses at specified places on the track
52 during the race. The track operator itself may perform the broadcast;
53 or, provide appropriate space and facilities to enable a single, alter-
54 native broadcast to be performed solely for the use of regional off-
55 track betting corporations, the expense of such alternative broadcast to
56 be borne by such regional corporations, at the discretion of such
S. 1406--B 549 A. 2106--B
1 regional corporations. In either case, all incremental transmission
2 costs are to be borne by such regional corporations.
3 b. The regional off-track betting facilities, each of which shall have
4 been in operation for six months or more prior to receiving such trans-
5 missions and at least forty percent of which shall have had a total pool
6 on races of such nonprofit racing associations during such period equal
7 to or greater than the median pool on such races in all such facilities
8 in such county, that shall receive such transmissions are authorized as
9 follows, provided that such requirements with respect to duration of
10 operation and total pool shall not apply to facilities in the New York
11 city region:
12 (i) for the New York city region, any facility, located more than five
13 miles from such operating non-profit racing association track, for which
14 the New York city off-track betting corporation requests such trans-
15 missions of such nonprofit racing associations.
16 (ii) for the Nassau region, one facility located at least ten miles
17 from any thoroughbred track operated by such nonprofit racing associ-
18 ations.
19 (iii) for the Suffolk region, one facility.
20 (iv) for the Catskill and Western regions, six facilities each,
21 provided, however, that no such transmissions are authorized into the
22 portion of the Western and Catskill regions in the thoroughbred special
23 betting district on those days that a thoroughbred track is conducting
24 racing in such special betting district.
25 (v) for the Capital District region, six facilities, provided, howev-
26 er, that no such transmissions are authorized into the Capital District
27 region on those days that a nonprofit racing association is conducting
28 races at a track located within such region. Nothing in this subpara-
29 graph shall prohibit such region and a nonprofit racing association from
30 entering into an agreement to provide such transmissions in additional
31 facilities subject to the restrictions in this subparagraph.
32 c. The board shall approve the request of each such regional off-track
33 betting corporation to transmit the call of the race, beginning January
34 first, nineteen hundred seventy-nine, into an additional, like number of
35 facilities as specified in paragraph b of this subdivision and subject
36 to the conditions in such paragraph. Provided, however, that nothing
37 shall prohibit such nonprofit racing association from entering into
38 agreements with such regional off-track betting corporations designating
39 additional facilities within the regions of such regional off-track
40 betting corporations that may offer a "live call of the race", except
41 that no such transmissions are authorized into the portion of the West-
42 ern and Catskill regions in the thoroughbred special betting district on
43 those days that a thoroughbred track is conducting racing in such
44 special betting district.
45 d. Notwithstanding any provisions to the contrary in this subdivision,
46 during and only during the period that such nonprofit racing association
47 shall conduct races at a racetrack not within the counties of Suffolk,
48 Nassau and the five counties comprising the city of New York, the track
49 operator for such nonprofit racing association shall provide direct
50 transmissions into all of the facilities operated by off-track betting
51 corporations, except those within the Capital District region and any
52 facilities within a thoroughbred special betting district, other than
53 those facilities authorized to accept wagers on races conducted by such
54 nonprofit association, on those days that a thoroughbred racing track is
55 conducting racing in such special betting district, of a current "live
56 call of the race" as defined, and subject to the conditions provided
S. 1406--B 550 A. 2106--B
1 for, in paragraph a of this subdivision. Provided, however, nothing
2 shall prohibit such nonprofit racing association from entering into an
3 agreement with the Capital District regional corporation designating
4 specific facilities within the Capital District region that may offer a
5 "live call of the race".
6 [6]3. A nonprofit racing association shall make available such space
7 and facilities as may be required to enable regional off-track betting
8 corporations to obtain the information specified in section two hundred
9 twenty-six of this chapter for transmission to patrons in the facilities
10 of such corporations. In addition, such associations shall cooperate
11 with such corporations in order to develop a system whereby off-track
12 wagers are combined with on-track wagers in a common pool, and the odds
13 or potential payoff reflecting or based upon that pool are displayed at
14 off-track facilities periodically during the time preceding the race on
15 which such wagers are made. The purpose of the system is to enable
16 wagers placed off-track to be combined concurrently with wagers placed
17 on-track until as close to the beginning of the race as is technically
18 feasible, with due regard for the security and accuracy of such system.
19 The costs of the changes adopted pursuant to this section shall be borne
20 by those regional off-track betting corporations electing to receive
21 such information or to combine the on-track and off-track pools on a
22 more timely basis.
23 [7] 4. Notwithstanding any other provision of law, the Western region
24 off-track betting corporation is hereby authorized to develop a system,
25 subject to approval of the board, whereby off-track wagers are combined
26 on a current basis with on-track wagers on races conducted by an associ-
27 ation or corporation licensed to conduct thoroughbred races at a track
28 located within the Western region. Such association or corporation shall
29 cooperate in the provision of such wagers and shall also provide on such
30 races direct transmission into the facilities of such regional corpo-
31 ration of a current "live call of the race" as defined in paragraph a of
32 subdivision [five] two of this section.
33 § 12. Paragraphs a and c of subdivision 1 of section 905 of the
34 racing, pari-mutuel wagering and breeding law, paragraph a as amended by
35 chapter 919 of the laws of 1986 and paragraph c as amended by chapter
36 524 of the laws of 1991, are amended to read as follows:
37 a. The applicable state tax provided for in paragraphs a and b of
38 subdivision one of section five hundred twenty-seven of this chapter
39 shall be one-half per centum for regular, multiple and exotic bets. Any
40 harness racing or association or corporation, nonprofit racing associ-
41 ation or thoroughbred racing association or corporation authorized
42 pursuant to this section shall pay to the racing and wagering board as a
43 regulatory fee, which fee is hereby levied, thirty-nine hundredths of
44 one percent of the total daily pari-mutuel pools.
45 c. Every association, corporation and non-profit racing association
46 shall distribute all sums deposited in any pari-mutuel pool to the hold-
47 ers of winning tickets therein, providing such tickets be presented for
48 payment before April first of the year following the year of their
49 purchase, less [seventeen per centum of the total deposits in pools
50 resulting from regular bets and multiple bets less twenty-five per
51 centum of the total deposits in pools resulting from exotic bets, and,
52 with respect to super exotic wagers on the Breeder's Cup events, less
53 thirty-six per centum] an amount which it shall retain at the same rate
54 established by the sending track plus the breaks.
55 § 13. Section 905-a of the racing, pari-mutuel wagering and breeding
56 law is REPEALED.
S. 1406--B 551 A. 2106--B
1 § 14. Section 906 of the racing, pari-mutuel wagering and breeding law
2 is REPEALED.
3 § 15. Subdivisions 3 and 4 of section 907 of the racing, pari-mutuel
4 wagering and breeding law, subdivision 3 as added by chapter 346 of the
5 laws of 1990, subparagraph (i) of paragraph a of subdivision 3 as
6 amended by chapter 524 of the laws of 1991 and subdivision 4 as amended
7 by chapter 445 of the laws of 1997, are amended to read as follows:
8 3. Combining New York wagers on horse races conducted in other states
9 or foreign countries with wagers on such races made elsewhere.
10 a. The board may authorize the combination of wagers made in New York
11 state upon the outcome of out-of-state or foreign horse races with
12 wagers made upon such races elsewhere in accordance with rules and regu-
13 lations of the board which shall include but not be limited to the
14 following provisions:
15 (i) [that only races designated as special events pursuant to sections
16 nine hundred five, nine hundred five-a and nine hundred six of this
17 article shall be eligible for such authorization;
18 (ii)] that if such combination is authorized that all New York state
19 operators must participate therein to assure uniform New York odds and
20 pay-outs;
21 [(iii)] (ii) that if the out-of-state or foreign computation is made
22 on the basis of different retention or breakage rates and (A) such out-
23 of-state or foreign laws do not permit New York wagers to be computed in
24 accordance with New York retention and breakage rates, that such vari-
25 ation does not exceed twenty percent and will be allocated pro rata
26 among winning wagers in New York state and recipients of such retention
27 and breakage rates in New York state, or (B) if such out-of-state or
28 foreign laws do permit New York bets to be computed in accordance with
29 New York retention and breakage rates that such rates will be applied
30 and that the out-of-state or foreign operator doing such calculations is
31 willing and able to properly perform such function;
32 [(iv)] (iii) that the out-of-state or foreign rules governing such
33 wagers are understandable to New York wagerers and in the best judgment
34 of the board will not deviate substantially from customary and standard
35 pari-mutuel practice in general;
36 [(v)] (iv) that the New York operators are able to perform such trans-
37 mission and computer retrieval functions as may be required;
38 [(vi)] (v) that such combination will enhance the best interest of
39 racing generally; and
40 [(vii)] (vi) such other rules and regulations as may be deemed neces-
41 sary and appropriate by the board.
42 b. Nothing herein shall be construed to authorize or prescribe any act
43 contrary to federal law.
44 4. In those instances in which the retention rates of the out-of-state
45 track are different from the retention rates authorized in this section,
46 distribution to each of the entities entitled to receive payment under
47 section five hundred twenty-seven or article ten of this chapter after
48 payment of state taxes and regulatory fees shall be adjusted proportion-
49 ately in an appropriate manner to account for higher or lower retention
50 rates. For purposes of determining payment on out-of-state wagers the
51 retention rate shall be the amount sufficient to pay holders of winning
52 wagers plus any payments required to be made to the out-of-state track
53 which exceeds two per centum of handle.
54 § 16. Subdivision 3 of section 1007 of the racing, pari-mutuel wager-
55 ing and breeding law is amended by adding a new paragraph g to read as
56 follows:
S. 1406--B 552 A. 2106--B
1 g. Any harness racing or association or corporation, non-profit racing
2 association or thoroughbred racing association or corporation authorized
3 pursuant to this section shall pay to the racing and wagering board as a
4 regulatory fee, which fee is hereby levied, thirty-nine hundredths of
5 one percent of the total daily pari-mutuel pools.
6 § 17. Subdivisions 6 and 7 of section 1007 of the racing, pari-mutuel
7 wagering and breeding law are REPEALED.
8 § 18. Paragraph b of subdivision 3 of section 1008 of the racing,
9 pari-mutuel wagering and breeding law, as amended by chapter 286 of the
10 laws of 1985, is amended to read as follows:
11 b. Of the sums received by the sending track, fifty percent shall be
12 distributed to purses in addition to moneys distributed pursuant to
13 section five hundred twenty-seven of this chapter. The off-track
14 betting corporation shall pay to the racing and wagering board as a
15 regulatory fee, which fee is hereby levied, thirty-nine hundredths of
16 one percent of the total daily pools.
17 § 19. Subdivision 4 of section 1009 of the racing, pari-mutuel wager-
18 ing and breeding law is amended by adding a new paragraph d to read as
19 follows:
20 d. The operator shall pay to the racing and wagering board as a regu-
21 latory fee, which fee is hereby levied, thirty-nine hundredths of one
22 percent of the total daily pools.
23 § 20. Section 1012 of the racing, pari-mutuel wagering and breeding
24 law, as added by chapter 346 of the laws of 1990, subdivisions 1, 2 and
25 paragraph a of subdivision 3 as amended by chapter 503 of the laws of
26 1992 and subdivision 6 as amended by chapter 113 of the laws of 2002, is
27 amended to read as follows:
28 § 1012. Telephone accounts and telephone wagering. Any regional off-
29 track betting corporation, and any non-profit racing association or
30 harness, thoroughbred, quarter horse racing association or corporation
31 licensed to conduct pari-mutuel racing may maintain telephone betting
32 accounts for wagers placed on races and special events offered by such
33 corporation, corporation or association.
34 1. [A minimum balance for a telephone account maintained by any
35 harness, thoroughbred, or quarter horse racing association or corpo-
36 ration shall be not less than three hundred dollars at the time of the
37 wager.] Any regional off-track betting corporation and any non-profit
38 racing association or harness, thoroughbred, quarter horse racing asso-
39 ciation or corporation licensed to conduct pari-mutuel racing may
40 require a minimum account balance in an amount to be determined by such
41 entity.
42 2. [A minimum balance for a telephone account maintained by a non-pro-
43 fit racing association shall be not less than four hundred fifty dollars
44 at the time of the wager for residents of New York or contiguous states
45 and not less than one hundred dollars at the time of the wager for resi-
46 dents of other states not contiguous with New York state.
47 3.] a. Any regional off-track betting corporation may suspend
48 collection of the surcharge imposed under section five hundred thirty-
49 two of this chapter on winning wagers placed in telephone accounts main-
50 tained by such regional corporation [provided that such account has a
51 minimum balance of not less than three hundred dollars at the time of
52 wager].
53 b. In a city of one million or more any regional off-track betting
54 corporation, with the approval of the mayor of such city, may suspend
55 collection of the surcharge imposed under section five hundred thirty-
S. 1406--B 553 A. 2106--B
1 two of this chapter in winning wagers placed in telephone accounts main-
2 tained by such regional corporation.
3 [4.] 3. Any telephone account maintained by a regional off-track
4 betting corporation, non-profit racing association or harness, thorough-
5 bred, quarter horse association or corporation, with inactivity for a
6 period of three years shall be forfeited and paid to the commissioner of
7 taxation and finance. Such amounts when collected shall be paid by the
8 commissioner of taxation and finance into the general fund of the state
9 treasury.
10 [5.] 4. The maintenance and operation of such telephone accounts
11 provided for in this section shall be subject to rules and regulations
12 of the state racing and wagering board. The board shall include in such
13 regulation a requirement that telephone account information pertaining
14 to surcharge and nonsurcharge telephone accounts shall be separately
15 reported.
16 [6.] 5. The provisions of this section shall expire and be of no
17 further force and effect after June thirtieth, two thousand seven.
18 § 21. Subdivision 1 of section 1015 of the racing, pari-mutuel wager-
19 ing and breeding law, as added by chapter 281 of the laws of 1994, the
20 opening paragraph as amended by chapter 113 of the laws of 2002 and
21 paragraphs b and j as amended by chapter 2 of the laws of 1995, is
22 amended to read as follows:
23 1. The provisions of this section shall govern the simulcasting of
24 races conducted at thoroughbred tracks located in another state or coun-
25 try on any day during which a non-profit racing association is conduct-
26 ing a race meeting in Saratoga county at Saratoga thoroughbred racetrack
27 until June thirtieth, two thousand seven and on any day regardless of
28 whether or not a non-profit racing association is conducting a race
29 meeting in Saratoga county at Saratoga thoroughbred racetrack after June
30 thirtieth, two thousand seven. On any day on which a non-profit racing
31 association has not scheduled a racing program but a thoroughbred racing
32 corporation located within the state is conducting racing, every off-
33 track betting corporation branch office and every simulcasting facility
34 licensed in accordance with section one thousand seven (that have
35 entered into a written agreement with such facility's representative
36 horsemen's organization, as approved by the board), one thousand eight,
37 or one thousand nine of this article shall be authorized to accept
38 wagers and display the live simulcast signal from thoroughbred tracks
39 located in another state or foreign country subject to the following
40 provisions:
41 a. Each off-track betting branch office accepting wagers on an out-of-
42 state track shall accept wagers on races run at the in-state track and
43 every simulcasting facility licensed in accordance with sections one
44 thousand seven, one thousand eight and one thousand nine of this article
45 which is accepting wagers and displaying the simulcast signal from an
46 out-of-state track shall similarly accept wagers and display the signal
47 from the in-state track.
48 b. [During those hours that an in-state thoroughbred track is conduct-
49 ing a racing program, simulcasting] Simulcasting facilities shall be
50 [limited] authorized to [displaying] accept wagers and display the live
51 simulcast signal from [one] out-of-state thoroughbred [track, although
52 no limitation shall be placed on the acceptance of wagers from out-of-
53 state tracks by off-track betting facilities except as may be imposed by
54 the racing and wagering board and provided further that no wager may be
55 accepted on races run at any out-of-state track located closer than
56 seventeen miles from the state border] tracks.
S. 1406--B 554 A. 2106--B
1 c. [On any day on which out-of-state simulcasting is authorized for
2 the time period preceding and following the in-state racing program, the
3 off-track betting branch offices and simulcast facilities licensed in
4 accordance with sections one thousand seven, one thousand eight and one
5 thousand nine of this article may accept wagers and display the signal
6 from up to three out-of-state or out-of-country thoroughbred tracks
7 provided that not more than two such programs shall be displayed contem-
8 poraneously and that no such signal shall be accepted between 7:30 and
9 11:59 postmeridian without the written consent of any regional harness
10 track.
11 d.] If a regional harness track is conducting racing on a day on which
12 out-of-state simulcasting is authorized, the off-track betting corpo-
13 ration shall be required to accept wagers and display the live simulcast
14 signal of such races provided the terms and conditions for accepting
15 such signal are no less favorable than those in effect on April first,
16 nineteen hundred ninety-three.
17 [e] d. Each off-track betting corporation shall determine the average
18 daily handle on the in-state thoroughbred corporation, the average daily
19 handle from out-of-state tracks and the average total daily payment made
20 to the in-state thoroughbred track on each day from April first, nine-
21 teen hundred ninety-three through December thirty-first, nineteen
22 hundred ninety-three on which the off-track betting corporation accepted
23 wagers on races conducted at such track and races conducted on an out-
24 of-state track on a day on which no scheduled races were conducted by a
25 non-profit racing association. This calculation shall be provided to the
26 racing and wagering board and the chief executive officers of the
27 in-state thoroughbred track and the horsemen's organization. If there is
28 a dispute as to the amount of such calculations, written documentation
29 from the off-track betting corporation and the track, shall be supplied
30 to the racing and wagering board which shall make a determination of the
31 correct amounts which determination shall be final and binding on all
32 parties.
33 [f] e. An amount equal to the calculated number shall be determined
34 to be the amount payable to the in-state thoroughbred racing corporation
35 as though such number were calculated on actual handle, using the
36 payment schedules, including distribution to purses, of article five-A
37 and article ten of this chapter provided such track conducts a program
38 of racing equivalent in racing dates and wagering opportunities to the
39 nineteen hundred ninety-three program.
40 [g] f. The amount shall be distributed in accordance with the
41 provisions of this section. The board shall determine the amount of and
42 dates of such payments, which dates shall, as far as practicable,
43 reflect the payments made to such track during the comparable period of
44 nineteen hundred ninety-three.
45 [h] g. (1) At the conclusion of the thoroughbred track corporation's
46 nineteen hundred ninety-four racing season or as shortly thereafter as
47 possible but not later than December twentieth, nineteen hundred nine-
48 ty-four, the off-track betting corporations and the racing and wagering
49 board shall determine the average daily handle for the in-state
50 thoroughbred racing corporation and the average daily handle for races
51 conducted at out-of-state or out-of-country tracks. If average daily
52 handle for any off-track betting corporation exceeds by ten percent the
53 average daily handle as calculated in paragraph [e] d of this subdivi-
54 sion, such off-track betting corporation shall pay to the in-state
55 thoroughbred racing corporation an amount calculated by multiplying the
56 average daily handle in excess of one hundred ten percent of the average
S. 1406--B 555 A. 2106--B
1 daily handle of nineteen hundred ninety-three by the effective commis-
2 sion rate paid by such corporation in nineteen hundred ninety-three.
3 Such calculation shall be computed separately for handle on in-state
4 tracks and handle on out-of-state tracks.
5 (2) For purposes of this section, the effective commission rate shall
6 be determined by dividing the total commission paid by the total handle
7 rounded to the nearest hundredth.
8 (3) For purposes of this chapter, total and average daily handle shall
9 have the same meaning as total and average daily wagers or bets.
10 [i] h. (1) Licensed harness tracks shall receive in lieu of any other
11 payments on wagers placed at off-track betting facilities outside the
12 special betting district on races conducted by an in-state thoroughbred
13 racing corporation, two and eight-tenths percent on regular and multiple
14 bets during a regional meeting and one and nine-tenths percent of such
15 bets if there is no regional meeting and four and eight-tenths percent
16 on exotic bets on days on which there is a regional meeting and three
17 and four-tenths percent of such bets if there is no regional meeting.
18 (2) (i) In addition, licensed harness tracks shall receive one and
19 one-half per centum on total handle on races conducted at an out-of-
20 state or out-of-country thoroughbred track provided such harness track
21 is neither accepting wagers nor displaying the signal from an out-of-
22 state track.
23 (ii) In those regions in which there is more than one licensed harness
24 track, if no track is accepting wagers or displaying the live simulcast
25 signal from the out-of-state track, the total sum shall be divided among
26 the tracks in proportion to the ratio the wagers placed on races
27 conducted by each track bears to the corporation's total in-region
28 harness handle. If one or more tracks are accepting wagers or displaying
29 the live simulcast signal, the total amount shall be divided among those
30 tracks not accepting wagers or displaying the simulcast signal for an
31 out-of-state track.
32 (3) The terms used in this section shall have the same applicability
33 and meaning as interpreted and applied in sections five hundred twenty-
34 three and five hundred twenty-seven of this chapter.
35 [j] i. Any facility authorized to accept wagers on out-of-state
36 tracks shall distribute all sums deposited in any pari-mutuel pool to
37 the holders of winning tickets therein, provided such tickets are
38 presented for payment prior to April first of the year following the
39 year of their purchase less eighteen per centum of the total deposits in
40 pools resulting from regular bets, less twenty-one per centum of the
41 total deposits in pools resulting from multiple bets, less twenty-six
42 per centum of the total deposits in pools resulting from exotic bets,
43 less thirty-six per centum of the total deposits in pools resulting from
44 super exotic bets plus the breaks as defined in section two hundred
45 twenty-eight of this chapter except that the retention rates and breaks
46 shall be as prescribed by another state or country if such wagers are
47 combined with those in the other state or country pursuant to section
48 nine hundred seven of this chapter.
49 (i) of the sum so retained, the applicable tax rate shall be one and
50 one-half percent of all such wagers plus fifty percent of the breaks;
51 provided, however, fifty percent of the breaks accruing from off-track
52 betting corporations licensed in accordance with section one thousand
53 eight of this article and from simulcast theaters licensed in accordance
54 with section one thousand nine of this article, shall be paid to the
55 agriculture and New York state horse breeding and development fund and
S. 1406--B 556 A. 2106--B
1 to the thoroughbred breeding and development fund, the total of such
2 payments to be apportioned fifty per centum to each such fund.
3 (ii) of the sums so retained, one-half of one per centum of all wagers
4 shall be paid to the New York state thoroughbred breeding and develop-
5 ment fund, except that of the sums so retained on such wagers at
6 licensed harness tracks, one-half of one per centum shall be paid to the
7 agricultural and New York State horse breeding and development fund.
8 (iii) of the sum so retained, two percent of all wagers shall be paid
9 to a non-profit racing association to be used exclusively for the
10 purpose of increasing purses, including stakes, premiums and prizes,
11 provided further that such amount shall not exceed the amount paid to
12 such non-profit racing association in nineteen hundred ninety-three from
13 wagers placed on out-of-state tracks on a day when no racing was being
14 conducted by the non-profit racing association and a racing program was
15 being conducted by a thoroughbred racing corporation located in the
16 state. The excess, if any, shall be paid to a thoroughbred racing corpo-
17 ration located in the state until August thirty-first, nineteen hundred
18 ninety-five and on and after July nineteen, nineteen hundred ninety-six
19 to be used exclusively for the purpose of increasing purses, including
20 stakes, premiums and prizes. An additional two percent of the sum so
21 retained shall be paid to non-profit racing association until August
22 thirty-first, nineteen hundred ninety-five, provided however fifty
23 percent of such amounts shall be used exclusively for purses at a non-
24 profit racing association.
25 (iv) any thoroughbred racing association or corporation or non-profit
26 racing association or harness racing association or corporation or off-
27 track betting corporation authorized pursuant to this section shall pay
28 to the racing and wagering board as a regulatory fee, which fee is here-
29 by levied, thirty-nine hundredths of one percent of all wagering pools.
30 [k] j. (1) All wagers authorized by this section shall be combined so
31 as to produce common pari-mutuel betting pools for the calculation of
32 odds and the determination of payouts from such pools, which payouts
33 shall be made pursuant to the rules of the board. Every location author-
34 ized to accept wagers or display simulcasting pursuant to this section
35 shall be subject to all appropriate provisions of this chapter.
36 (2) Every regional off-track betting corporation may simulcast all
37 out-of-state races authorized by this section at any licensed simulcast
38 facility except for those facilities located in a thoroughbred special
39 betting district.
40 Facilities located in such special betting district may display the
41 simulcast signal with the permission of the thoroughbred track located
42 in such district or if such track displays the signal from an out-of-
43 state or out-of-country track.
44 [l] k. The provisions of section five hundred thirty-two of this
45 chapter shall apply as follows:
46 (1) for all wagers placed at facilities licensed to receive such out-
47 of-state or out-of-country simulcasts in accordance with section one
48 thousand eight of this article, distribution shall first be made in
49 accordance with subdivision three-a of section five hundred thirty-two
50 of this chapter, and then fifty percent of the remaining amount in
51 accordance with paragraph a of subdivision three of section five hundred
52 thirty-two of this chapter and the other fifty percent shall be retained
53 by such operator for its general purpose.
54 (2) upon application of any facility licensed in accordance with
55 sections one thousand seven and one thousand nine of this article, the
56 board shall authorize the imposition of a sum equal to the amount
S. 1406--B 557 A. 2106--B
1 authorized by section five hundred thirty-two of this chapter which
2 shall apply to wagers placed at such facility [except those events
3 described as special events]. Such sums received by facilities licensed
4 in accordance with section one thousand nine of this article shall be
5 retained for the general purpose of the corporation. Such sums received
6 by such facilities licensed in accordance with section one thousand
7 seven of this article shall be distributed as follows:
8 (i) fifty percent shall be used exclusively for purses awarded in
9 races conducted by such licensed facility; and
10 (ii) fifty percent shall be retained by such licensed facility for its
11 general purposes.
12 2. Nothing in this section shall be construed to prohibit the accept-
13 ance of wagers on races conducted at out-of-state tracks without the
14 display of the live simulcast signal if authorized under any other
15 provision of this chapter.
16 § 22. Subdivisions 2, 3 and 4 of section 1016 of the racing, pari-mu-
17 tuel wagering and breeding law, as added by chapter 281 of the laws of
18 1994 and the opening paragraph of subdivision 2 as amended by chapter
19 445 of the laws of 1997, are amended to read as follows:
20 2. Harness racing associations or corporations subject to a written
21 agreement with such association's or corporation's representative
22 horsemen's association and off-track betting facilities are hereby
23 authorized to accept wagers and display the signal of [up to five] out-
24 of-state harness tracks provided that [no such signals may be displayed
25 prior to 6:00 post meridian without such track's and the operating
26 thoroughbred track's written approval and]:
27 a. the payments to the out-of-state track for accepting wagers and
28 displaying the live simulcast signals of these races shall not exceed
29 two percent of total handle for facilities licensed in accordance with
30 section one thousand eight and one thousand nine of this chapter and
31 three percent of total handle for those facilities licensed in accord-
32 ance with section one thousand seven of this chapter.
33 b. all off-track betting branches are permitted to accept such wagers
34 and that all simulcast facilities licensed in accordance with sections
35 one thousand eight and one thousand nine of this article are permitted
36 to display the live simulcast signal under the same terms and conditions
37 as facilities licensed in accordance with section one thousand seven of
38 this article;
39 c. on any day on which a harness track is conducting a racing program,
40 it shall offer its signal to all off-track betting facilities authorized
41 to receive such signals under terms and conditions no less favorable
42 than those in effect on March thirty-first, nineteen hundred ninety-
43 three; and that in addition to any out-of-state simulcasting program,
44 the track shall accept wagers and display the signal from at least one
45 in-state harness track;
46 d. on any day on which a harness association or corporation is not
47 conducting a racing program, it shall accept the signal from not fewer
48 than two in-state harness tracks conducting a program except this
49 requirement may be waived by the written consent of those harness tracks
50 conducting the race meeting;
51 e. every off-track betting branch office and simulcast facility
52 licensed in accordance with sections one thousand eight and one thousand
53 nine of this article, as a condition to accepting out-of-state wagers
54 and displaying the live simulcast signal of such races, shall accept
55 wagers and display the simulcast signal of its regional harness track at
56 all locations at which out-of-state wagers are accepted or the signal
S. 1406--B 558 A. 2106--B
1 displayed. If the regional harness [tack] track is not conducting a race
2 meeting but another harness association in the state is conducting a
3 meeting, the off-track betting facilities as a condition of accepting
4 out-of-state wagers shall accept wagers and display the signal from at
5 least one in-state harness track;
6 f. [no harness track shall accept wagers or display the simulcast
7 signal from an out-of-state harness track on more than four days in any
8 week unless in the immediately preceding calendar month an average of
9 four or more live racing programs per week were conducted, nor shall it
10 accept wagers on more than five days in any week unless in the imme-
11 diately preceding calendar month an average of five or more live harness
12 racing programs per week were conducted at such track;
13 g. for purposes of this subdivision, a "live harness racing program"
14 shall mean a program consisting of not fewer than nine live harness
15 races. The provisions of this subdivision shall not be applicable if the
16 reduction in racing dates results from either weather conditions or the
17 lack of available horses at such licensed harness track in accordance
18 with a certification attesting to such horse shortage by the licensed
19 harness track's horsemen's organization or association. Exemptions to
20 this provision shall be approved by the racing and wagering board upon a
21 request by the affected track;
22 h.] No off-track betting facility shall accept wagers or display the
23 simulcast signal from an out-of-state harness track without an agreement
24 with the regional track, provided, however, that off-track betting
25 facilities shall have the right to display any simulcast signal
26 displayed by a regional harness track and any such agreement shall not
27 unreasonably be withheld.
28 3. Any facility authorized to accept wagers on out-of-state tracks
29 shall distribute all sums deposited in any pari-mutuel pool to the hold-
30 ers of any tickets therein provided such tickets are presented for
31 payment prior to April first of the year following the year of their
32 purchase less nineteen per centum of total deposits in pools resulting
33 from regular bets, less twenty-one per centum of total deposits of pools
34 resulting from multiple bets, less twenty-seven per centum of total
35 deposits of pools resulting from exotic bets, less thirty-six per centum
36 of total deposits of pools resulting from super exotic bets plus the
37 breaks as defined in section three hundred eighteen of this chapter
38 except that the retention rates and breaks shall be as prescribed by
39 another state or country if such wagers are combined with those in the
40 other state or country pursuant to section nine hundred seven of this
41 chapter.
42 a. Distribution of retained commissions for all licensed harness
43 tracks shall be in accordance with article three of this chapter.
44 b. For off-track betting facilities, (1) of the sums so retained, the
45 applicable tax rate shall be one percent of all such wagers;
46 (2) of the sum so retained, one percent of all wagers shall be paid to
47 the New York state agricultural and horse breeding and development fund;
48 (3) of the sum so retained, five percent shall be paid to the regional
49 licensed harness track to be distributed in the same manner as though
50 such payments were on races conducted at such track;
51 (4) of the sum so retained, an additional one percent of all wagers
52 shall be paid to the regional licensed harness track for the purpose of
53 increasing purses.
54 c. In those regions in which there is more than one regional licensed
55 harness track, the payments required under subparagraphs three and four
56 of paragraph b of this subdivision shall be made to the regional track
S. 1406--B 559 A. 2106--B
1 conducting a meet on the day out-of-state simulcasting occurs. If either
2 no track is conducting a meet, or more than one track is conducting a
3 meet, the distribution shall be made in the proportion that each track's
4 handle bore to the total regional licensed harness track handle during
5 the preceding calendar month or in accordance with a contractual agree-
6 ment between the regional tracks and the off-track betting corporation.
7 d. For wagers placed at an off-track betting facility in that portion
8 of the western region located with a thoroughbred special betting
9 district, but not included in a harness special betting district, one
10 and one-half per centum of such wagers shall be paid to the racing asso-
11 ciation located in such district provided such association is neither
12 accepting wagers nor simulcasting out-of-state harness races. Any
13 payments required by this subdivision shall reduce payments required to
14 be made to the regional licensed harness track under the provisions of
15 subparagraph three of paragraph b of this subdivision.
16 e. Any thoroughbred racing association or corporation or non-profit
17 racing association or harness racing association or corporation or off-
18 track betting corporation authorized pursuant to this section shall pay
19 to the racing and wagering board as a regulatory fee, which fee is here-
20 by levied, thirty-nine hundredths of one percent of all wagering pools.
21 4. The provisions of section five hundred thirty-two of this chapter
22 shall apply as follows:
23 a. for all wagers placed at facilities licensed to receive such [out-
24 of-state] out-of-state simulcasts in accordance with section one thou-
25 sand eight of this article, distribution shall first be made in accord-
26 ance with subdivision three-a, and then fifty percent of the remaining
27 amount in accordance with paragraph a of subdivision three of section
28 five hundred thirty-two of this chapter and the other fifty percent
29 shall be retained by such operator for its general purpose.
30 b. for wagers placed at off-track betting branch offices on out-of-
31 state tracks where such simulcasting is not conducted, in accordance
32 with section five hundred thirty-two of this chapter.
33 c. upon application of any facility licensed in accordance with
34 sections one thousand seven and one thousand nine of this article, the
35 board shall authorize the imposition of a sum equal to the amount
36 authorized by section five hundred thirty-two of this chapter which
37 shall apply to wagers placed at such facility [except those events
38 described as special events]. Such sums received by facilities licensed
39 in accordance with section one thousand nine of this article shall be
40 retained for the general purpose of the corporation. Such sums received
41 by such facilities licensed in accordance with section one thousand
42 seven of this article shall be distributed as follows:
43 (1) fifty percent shall be used exclusively for purses awarded in
44 races conducted by such licensed facility; and
45 (2) fifty percent shall be retained by such licensed facility for its
46 general purposes.
47 § 23. Subdivision 1 of section 1017 of the racing, pari-mutuel wager-
48 ing and breeding law, as added by chapter 445 of the laws of 1997, the
49 opening paragraph as amended by chapter 113 of the laws of 2002, subpar-
50 agraphs 4 and 6 of paragraph b as amended by chapter 94 of the laws of
51 2001 and clause (F) of subparagraph 5 of paragraph b as amended by chap-
52 ter 484 of the laws of 2000, is amended to read as follows:
53 1. The provisions of this section shall govern the simulcasting of
54 races conducted at thoroughbred tracks located in another state or coun-
55 try on any day during which a non-profit racing association is not
56 conducting a race meeting in Saratoga county at Saratoga thoroughbred
S. 1406--B 560 A. 2106--B
1 racetrack until June thirtieth, two thousand seven. Every off-track
2 betting corporation branch office and every simulcasting facility
3 licensed in accordance with section one thousand seven that have entered
4 into a written agreement with such facility's representative horsemen's
5 organization as approved by the board, one thousand eight or one thou-
6 sand nine of this article shall be authorized to accept wagers and
7 display the live full-card simulcast signal[, except as provided in
8 clause (D) of subparagraph four and clause (E) of subparagraph six of
9 paragraph b of this subdivision, from up to two] of thoroughbred tracks
10 (which may include quarter horse or mixed meetings provided that all
11 such wagering on such races shall be construed to be thoroughbred races)
12 located in another state or foreign country [except that during the
13 period from January fifteenth, two thousand two through April fifteenth,
14 two thousand two, from January fifteenth, two thousand three through
15 April fifteenth, two thousand three, and from January fifteenth, two
16 thousand four through April fifteenth, two thousand four, simulcasting
17 shall be authorized from up to three thoroughbred tracks located in
18 another state or foreign country], subject to the following provisions;
19 provided, however, no such written agreement shall be required of a
20 non-profit racing association licensed in accordance with section one
21 thousand seven of this article:
22 a. Each off-track betting branch office accepting wagers on an out-of-
23 state track shall accept wagers on races run at all in-state thorough-
24 bred tracks which are conducting racing programs and every simulcasting
25 facility licensed in accordance with sections one thousand eight and one
26 thousand nine of this article which is accepting wagers and displaying
27 the simulcast signal from an out-of-state track shall similarly accept
28 wagers and display the signal from all in-state thoroughbred tracks
29 conducting racing programs.
30 b. Any facility authorized to accept wagers on out-of-state tracks
31 shall distribute all sums deposited in any pari-mutuel pool to the hold-
32 ers of winning tickets therein, provided such tickets are presented for
33 payment prior to April first of the year following the year of their
34 purchase less eighteen per centum of the total deposits in pools result-
35 ing from regular bets, less twenty-one per centum of the total deposits
36 in pools resulting from multiple bets, less twenty-six per centum of the
37 total deposits in pools resulting from exotic bets, and less twenty-sev-
38 en per centum of the total deposits in pools resulting from super exotic
39 bets, plus the breaks as defined in section two hundred twenty-eight of
40 this chapter except that the retention rates and breaks shall be as
41 prescribed by another state or country if such wagers are combined with
42 those in the other state or country pursuant to section nine hundred
43 seven of this chapter.
44 (1) Of the sums so retained, the applicable tax rates shall be as
45 governed by clauses (A) and (B) of subparagraphs [(3), (4), (5) and (6)]
46 three, four, five and six of paragraph b of this subdivision plus fifty
47 percent of the breaks; provided, however, fifty percent of the breaks
48 accruing from off-track betting corporations licensed in accordance with
49 section one thousand eight of this article and from simulcast theaters
50 licensed in accordance with section one thousand nine of this article,
51 shall be paid to the agriculture and New York State horse breeding and
52 development fund and to the thoroughbred breeding and development fund,
53 the total of such payments to be apportioned fifty per centum to each
54 such fund.
55 (2) (A) Of the sums so retained, one-half of one per centum of all
56 wagers shall be paid to the New York State thoroughbred breeding and
S. 1406--B 561 A. 2106--B
1 development fund, except that of the sums so retained on such wagers at
2 licensed harness tracks, one-half of one per centum shall be paid to the
3 agricultural and New York State horse breeding and development fund.
4 (B) Any harness racing or association or corporation, non-profit
5 racing association or thoroughbred racing association or corporation
6 authorized pursuant to this section shall pay to the racing and wagering
7 board as a regulatory fee, which fee is hereby levied, thirty-nine
8 hundredths of one percent of the total daily pari-mutuel pools.
9 (3) Distribution of wagers placed on the initial out-of-state
10 thoroughbred track at facilities licensed in accordance with sections
11 [1008] one thousand eight and [1009] one thousand nine of this [chapter]
12 article.
13 (A) Of the sums so retained on days when a non-profit racing associ-
14 ation is not conducting a race meeting within the state and a thorough-
15 bred racing association or corporation is conducting a race meeting
16 Super-
17 Regular Multiple Exotic exotic
18 bets bets bets bets
19 State Tax 1.50 1.50 1.50 1.50
20 Thoroughbred Racing association 0.50 0.50 0.50 0.50
21 or corporation
22 Thoroughbred Racing association 1.50 2.00 1.50 2.00
23 or corporation payments to purses
24 Nonprofit racing association 0.50 0.50 0.50 0.50
25 Nonprofit racing association 2.00 2.00 2.50 4.00
26 payments to purses
27 (B) Of the sums so retained on days when a non-profit racing associ-
28 ation is conducting a race meeting within the state
29 Super-
30 Regular Multiple Exotic exotic
31 bets bets bets bets
32 State Tax 1.00 1.00 1.00 1.00
33 Thoroughbred Racing association 0.50 0.50 0.50 0.00
34 or corporation
35 Thoroughbred Racing association 0.50 0.50 0.50 0.50
36 or corporation payments to purses
37 Nonprofit racing association 2.00 1.50 1.50 2.00
38 Nonprofit racing association 2.00 3.00 3.00 5.00
39 payments to purses
40 (C) Payments to purses as required under (A) and (B) of this subpara-
41 graph shall be paid to the thoroughbred racing association or corpo-
42 ration or to the non-profit racing association to be used exclusively
43 for the purpose of increasing purses, including stakes, premiums and
44 prizes.
S. 1406--B 562 A. 2106--B
1 (4) Distribution of wagers placed on [the second and third] other than
2 the initial out-of-state thoroughbred track at facilities licensed in
3 accordance with sections [1008] one thousand eight and [1009] one thou-
4 sand nine of this [chapter] article.
5 (A) Of the sums so retained on days when a non-profit racing associ-
6 ation is not conducting a race meeting within the state and a thorough-
7 bred racing association or corporation is conducting a race meeting
8 Super-
9 Regular Multiple Exotic exotic
10 bets bets bets bets
11 State Tax 1.00 1.00 1.00 1.00
12 Thoroughbred Racing association 2.00 2.00 2.00 2.50
13 or corporation payments to purses
14 Nonprofit racing association 1.00 1.00 1.00 1.00
15 Nonprofit racing association 2.00 2.00 2.50 4.00
16 payments to purses
17 [The state tax on such third out-of-state track shall be .25 per
18 centum of all wagers.]
19 (B) Of the sums so retained on days when a non-profit racing associ-
20 ation is conducting a race meeting within the state
21 Super-
22 Regular Multiple Exotic exotic
23 bets bets bets bets
24 State Tax 0.50 0.50 0.50 0.50
25 Thoroughbred racing association 0.50 0.25 0.50 0.50
26 or corporation
27 Thoroughbred racing association 0.50 0.25 0.50 0.50
28 or corporation payments to purses
29 Nonprofit racing association 2.25 2.25 2.00 2.50
30 Nonprofit racing association 2.25 3.25 3.00 4.50
31 payments to purses
32 [The state tax on such third out-of-state track shall be .25 per
33 centum of all wagers.]
34 (C) Payments to purses as required under (A) and (B) of this subpara-
35 graph shall be paid to the thoroughbred racing association or corpo-
36 ration or to the non-profit racing association to be used exclusively
37 for the purpose of increasing purses, including stakes, premiums and
38 prizes.
39 (D) On days when no thoroughbred track is conducting a race meeting,
40 facilities licensed in accordance with sections [1008] one thousand
41 eight and [1009] one thousand nine of this [chapter] article are author-
42 ized to accept the simulcast signal from more than two out-of-state
43 thoroughbred tracks. The distribution of wagers on such out-of-state
44 thoroughbred track or tracks shall be in accordance with clause (B) of
45 this subparagraph.
S. 1406--B 563 A. 2106--B
1 (5) Distribution of wagers placed on the initial out-of-state
2 thoroughbred track at facilities licensed in accordance with section
3 [1007] one thousand seven of this [chapter] article.
4 (A) Of the sums so retained on days when a non-profit racing associ-
5 ation is not conducting a race meeting within the state and a thorough-
6 bred racing association or corporation is conducting a race meeting
7 Super-
8 Regular Multiple Exotic exotic
9 bets bets bets bets
10 State Tax 1.50 1.50 1.50 1.50
11 Thoroughbred racing association 0.25 0.25 0.25 0.50
12 or corporation
13 Thoroughbred racing association 0.75 1.00 0.75 1.00
14 or corporation payments to purses
15 Nonprofit racing association 0.25 0.25 0.25 0.25
16 Nonprofit racing association 1.00 1.00 2.25 2.00
17 payments to purses
18 (B) Of the sums so retained on days when a non-profit racing associ-
19 ation is conducting a race meeting within the state
20 Super-
21 Regular Multiple Exotic exotic
22 bets bets bets bets
23 State Tax 1.00 1.00 1.00 1.00
24 Thoroughbred racing association 0.25 0.25 0.25 0.25
25 or corporation
26 Thoroughbred racing association 0.25 0.25 0.25 0.25
27 or corporation payments to purses
28 Nonprofit racing association 1.00 0.75 0.75 1.00
29 Nonprofit racing association 1.00 1.50 1.50 2.50
30 payments to purses
31 (C) Payments to purses as required under (A) and (B) of this subpara-
32 graph shall be paid to the thoroughbred racing association or corpo-
33 ration or to the non-profit racing association to be used exclusively
34 for the purpose of increasing purses, including stakes, premiums and
35 prizes.
36 (D) For wagers placed at a non-profit racing association or a
37 thoroughbred racing association or corporation the state tax shall be
38 the amounts specified in (A) and (B) of this subparagraph and retention
39 thereafter shall be identical to sums retained for each type of on-track
40 wager.
41 (E) On days when a non-profit racing association is not conducting a
42 race meeting and when a licensed harness track is neither accepting
43 wagers nor displaying the signal from an in-state thoroughbred corpo-
44 ration or association or an out-of-state thoroughbred track:
S. 1406--B 564 A. 2106--B
1 (i) Such licensed regional harness track shall receive in lieu of any
2 other payments on wagers placed at off-track betting facilities outside
3 the special betting district on races conducted by an in-state thorough-
4 bred racing corporation, two and eight-tenths percent on regular and
5 multiple bets during a regional meeting and one and nine-tenths percent
6 of such bets if there is no regional meeting and four and eight-tenths
7 percent on exotic bets on days on which there is a regional meeting and
8 three and four-tenths percent of such bets if there is no regional meet-
9 ing.
10 (ii) Such licensed regional harness track shall receive one and one-
11 half per centum on total regional handle on races conducted at out-of-
12 state or out-of-country thoroughbred tracks.
13 (iii) In those regions in which there is more than one licensed
14 regional harness track, if no track is accepting wagers or displaying
15 the live simulcast signal from the out-of-state track, the total sum
16 shall be divided among the tracks in proportion to the ratio the wagers
17 placed on races conducted by each track bears to the corporation's total
18 in-region harness handle. If one or more tracks are accepting wagers or
19 displaying the live simulcast signal, the total amount shall be divided
20 among those tracks not accepting wagers or displaying the simulcast
21 signal for an out-of-state track or in-state thoroughbred corporation or
22 association.
23 (F) Of the sums retained by a licensed harness facility, fifty percent
24 shall be used exclusively for purses awarded in races conducted by such
25 licensed facility and the remaining fifty percent shall be retained by
26 such licensed facility for its general purposes, provided, however, that
27 in a harness special betting district the portion of the sums retained
28 by a licensed harness facility to be used for purses or the methodology
29 for calculating the amount to be used for purses may be specified in a
30 written contract between a harness racing association or corporation and
31 its representative horsemen's association.
32 (6) Distribution of wagers placed on [the second and third] other than
33 the initial out-of-state thoroughbred track at facilities licensed in
34 accordance with section [1007] one thousand seven of this [chapter]
35 article.
36 (A) Of the sums so retained on days when a non-profit racing associ-
37 ation is not conducting a race meeting within the state and a thorough-
38 bred racing association or corporation is conducting a race meeting
39 Super-
40 Regular Multiple Exotic exotic
41 bets bets bets bets
42 State Tax 1.00 1.00 1.00 1.00
43 Thoroughbred Racing association 1.00 1.00 1.00 1.25
44 or corporation payments to purses
45 Nonprofit racing association 0.50 0.50 0.50 0.50
46 Nonprofit racing association 1.00 1.00 1.25 2.00
47 payments to purses
48 [The state tax on such third out-of-state track shall be .25 per
49 centum of all wagers.]
50 (B) Of the sums so retained on days when a non-profit racing associ-
51 ation is conducting a race meeting within the state
S. 1406--B 565 A. 2106--B
1 Super-
2 Regular Multiple Exotic exotic
3 bets bets bets bets
4 State Tax 0.50 0.50 0.50 0.50
5 Thoroughbred Racing association 0.25 0.25 0.25 0.25
6 or corporation
7 Thoroughbred Racing association 0.25 0.25 0.25 0.25
8 or corporation payments to purses
9 Nonprofit racing association 1.25 1.25 1.00 1.25
10 Nonprofit racing association 1.25 2.00 1.50 2.25
11 payments to purses
12 [The state tax on such third out-of-state track shall be .25 per
13 centum of all wagers.]
14 (C) Payments to purses as required under (A) and (B) of this subpara-
15 graph shall be paid to the thoroughbred racing association or corpo-
16 ration or to the non-profit racing association to be used exclusively
17 for the purpose of increasing purses, including stakes, premiums and
18 prizes.
19 (D) For wagers placed at a non-profit racing association or a
20 thoroughbred racing association or corporation the state tax shall be
21 the amounts specified in (A) and (B) of this subparagraph and retention
22 thereafter shall be identical to sums retained for each type of on-track
23 wager.
24 (E) On days when no thoroughbred track is conducting a race meeting,
25 facilities licensed in accordance with section [1007] one thousand seven
26 of this [chapter] article are authorized to accept the simulcast signal
27 from [more than two] out-of-state thoroughbred tracks. The distribution
28 of wagers on such out-of-state thoroughbred track or tracks shall be in
29 accordance with clause (B) of this subparagraph.
30 (F) On days when a non-profit racing association is not conducting a
31 race meeting and when a licensed harness track is neither accepting
32 wagers nor displaying the signal from an in-state thoroughbred corpo-
33 ration or association or an out-of-state thoroughbred track:
34 (i) Such licensed regional harness track shall receive in lieu of any
35 other payments on wagers placed at off-track betting facilities outside
36 the special betting district on races conducted by an in-state thorough-
37 bred racing corporation, two and eight-tenths percent on regular and
38 multiple bets during a regional meeting and one and nine-tenths percent
39 of such bets if there is no regional meeting and four and eight-tenths
40 percent on exotic bets on days on which there is a regional meeting and
41 three and four-tenths percent of such bets if there is no regional meet-
42 ing.
43 (ii) Such licensed regional harness track shall receive one and one-
44 half per centum on total regional handle on races conducted at out-of-
45 state or out-of-country thoroughbred tracks.
46 (iii) In those regions in which there is more than one licensed
47 regional harness track, if no track is accepting wagers or displaying
48 the live simulcast signal from the out-of-state track, the total sum
49 shall be divided among the tracks in proportion to the ratio the wagers
50 placed on races conducted by each track bears to the corporation's total
S. 1406--B 566 A. 2106--B
1 in-region harness handle. If one or more tracks are accepting wagers or
2 displaying the live simulcast signal, the total amount shall be divided
3 among those tracks not accepting wagers or displaying the simulcast
4 signal for an out-of-state track or in-state thoroughbred corporation or
5 association.
6 (G) Of the sums retained by a licensed harness facility, fifty percent
7 shall be used exclusively for purses awarded in races conducted by such
8 licensed facility and the remaining fifty percent shall be retained by
9 such licensed facility for its general purposes, provided, however, that
10 in a harness special betting district the portion of the sums retained
11 by a licensed harness facility to be used for purses or the methodology
12 for calculating the amount to be used for purses may be specified in a
13 written contract between a harness racing association or corporation and
14 its representative horsemen's association.
15 c. (1) All wagers authorized by this section shall be combined so as
16 to produce common pari-mutuel betting pools, which shall be combined
17 with the sending track, for the calculation of odds and the determi-
18 nation of payouts from such pools, which payouts shall be made pursuant
19 to the rules of the board. Every location authorized to accept wagers or
20 display simulcasting pursuant to this section shall be subject to all
21 appropriate provisions of this chapter.
22 (2) Every regional off-track betting corporation may simulcast all
23 out-of-state races authorized by this section at any licensed simulcast
24 facility except for those facilities located in a thoroughbred special
25 betting district. Facilities located in such special betting district
26 may display the simulcast signal with the permission of the thoroughbred
27 track located in such district or if such track displays the signal from
28 an out-of-state or out-of-country track.
29 d. The provisions of section five hundred thirty-two of this chapter
30 shall apply as follows:
31 (1) for all wagers placed at facilities licensed to receive such out-
32 of-state or out-of-country simulcasts in accordance with section one
33 thousand eight of this article, distribution shall first be made in
34 accordance with subdivision three-a of section five hundred thirty-two
35 of this chapter, and then fifty percent of the remaining amount in
36 accordance with paragraph a of subdivision three of section five hundred
37 thirty-two of this chapter and the other fifty percent shall be retained
38 by such operator for its general purpose.
39 (2) upon application of any facility licensed in accordance with
40 sections one thousand seven and one thousand nine of this article, the
41 board shall authorize the imposition of a sum equal to the amount
42 authorized by section five hundred thirty-two of this chapter which
43 shall apply to wagers placed at such facility [except those events
44 described as special events]. Such sums received by facilities licensed
45 in accordance with section one thousand nine of this article shall be
46 retained for the general purpose of the corporation. Such sums received
47 by such facilities licensed in accordance with section one thousand
48 seven of this article shall be distributed as follows:
49 (A) fifty percent shall be used exclusively for purses awarded in
50 races conducted by such licensed facility; and
51 (B) fifty percent shall be retained by such licensed facility for its
52 general purposes.
53 e. Nothing in this section shall be construed to prohibit the accept-
54 ance of wagers on races conducted at out-of-state tracks without the
55 display of the live simulcast signal if authorized under any other
56 provision of this chapter.
S. 1406--B 567 A. 2106--B
1 § 24. Section 1017-a of the racing, pari-mutuel wagering and breeding
2 law, as amended by chapter 94 of the laws of 2001, is amended to read as
3 follows:
4 § 1017-a. Out-of-state or out-of-country races. 1. [All licensed]
5 Licensed simulcast facilities may accept wagers and display the signal
6 of out-of-state or out-of-country thoroughbred tracks [following the
7 conclusion of a regularly scheduled race program conducted by a non-pro-
8 fit racing association or a thoroughbred racing association or corpo-
9 ration until] after 7:30 P.M.[, and after 11:59 P.M. but prior to the
10 commencement of an in-state thoroughbred track's next calendar day race
11 program] in accordance with the provisions of this section. [Upon
12 approval from the board, if a non-profit racing association is not
13 conducting a race program, such simulcasting shall commence at the
14 approximate time such association's regularly scheduled race program
15 concludes. Any such out-of-state or out-of-country signal and wagers
16 shall not be accepted past 7:30 P.M. and before 11:59 P.M.] Such simul-
17 casting may include mixed meetings if such meetings are integral to such
18 racing programs and all such wagering on such races shall be construed
19 to be thoroughbred races. For facilities located within the special
20 betting district, such approval shall also be required from a thorough-
21 bred racing association or corporation during the period a racing
22 program is being conducted at such track. Such approval shall not be
23 required on any day such thoroughbred racing association or corporation
24 is also accepting an out-of-state or out-of-country signal and wager, as
25 authorized by this section. The provisions of section one thousand
26 seventeen of this article shall be applicable to the conduct of such
27 simulcasting and the provisions of clauses (A) and (B) of subparagraph
28 four of paragraph b of subdivision one of section [ten hundred] one
29 thousand seventeen of this article shall apply to those facilities
30 licensed in accordance with sections [ten hundred] one thousand eight
31 and [ten hundred] one thousand nine of this article and the provisions
32 of clauses (A) and (B) of subparagraph (6) of paragraph b of subdivision
33 one of section [ten hundred] one thousand seventeen of this article
34 shall apply to those facilities licensed in accordance with section [ten
35 hundred] one thousand seven of this article, when such provisions are in
36 full force and effect pursuant to such section. Provided, however, the
37 provisions of section [ten hundred] one thousand fifteen of this article
38 shall be applicable to the conduct of such simulcasting, when such
39 provisions are in full force and effect pursuant to such section.
40 2. [For the period commencing September fourth, two thousand one
41 through June thirtieth, two thousand four on any day on which a nonpro-
42 fit racing association conducting racing at Belmont Park schedules a
43 racing program which commences later than one-thirty post meridian, the
44 simulcasting program authorized by subdivision one of this section shall
45 commence at five-thirty post meridian and will be limited to the accept-
46 ance of wages and displaying the signal of one out-of-state or out-of-
47 country thoroughbred track.]
48 a. Maintenance of effort. Any off track betting corporation which
49 engages in accepting wagers on the simulcasts of thoroughbred races from
50 out-of-state or out-of-country as permitted under subdivision one of
51 this section shall submit to the board, for its approval, a schedule of
52 payments to be made in any year or portion thereof, that such off track
53 corporation engages in nighttime thoroughbred simulcasting. In order to
54 be approved by the board, the payment schedule shall be identical to the
55 actual payments and distributions of such payments to tracks and purses
56 made by such off track corporation pursuant to the provisions of section
S. 1406--B 568 A. 2106--B
1 one thousand sixteen of this article during the year two thousand two,
2 as derived from out-of-state harness races displayed after 6:00 P.M. If
3 approved by the board, such scheduled payments shall be made from reven-
4 ues derived from any simulcasting conducted pursuant to this section and
5 section one thousand sixteen of this article.
6 b. Additional payments. During each calendar year, to the extent, and
7 at such time in the event, that aggregate statewide wagering handle
8 after 7:30 P.M. on out-of-state and out-of-country thoroughbred races
9 exceeds one hundred million dollars, each off track betting corporation
10 conducting such simulcasting shall pay to its regional harness track or
11 tracks, an amount equal to two percent of its proportionate share of
12 such excess handle. In any region where there are two or more regional
13 harness tracks, such two percent shall be divided between or among the
14 tracks in a proportion equal to the proportion of handle on live harness
15 races conducted at such tracks during the preceding calendar year. Fifty
16 percent of the sum received by each track pursuant to this paragraph
17 shall be used exclusively for increasing purses, stakes and prizes at
18 that regional harness track.
19 § 25. The opening paragraph and subdivision 2 of section 1017-b of the
20 racing, pari-mutuel wagering and breeding law, as added by chapter 94 of
21 the laws of 2001, are amended to read as follows:
22 Notwithstanding any other provision of this chapter, for the period
23 July twenty-fifth, two thousand one through September first, two thou-
24 sand three, when a nonprofit racing association is conducting a race
25 meeting within the state at Saratoga Race Course, every off-track
26 betting corporation branch office and every simulcasting facility
27 licensed in accordance with section one thousand seven (that has entered
28 into a written agreement with such facility's representative horsemen's
29 organization as approved by the board), one thousand eight or one thou-
30 sand nine of this article shall be authorized to accept wagers and
31 display the live simulcast signal from [no more than two] thoroughbred
32 tracks located in another state, provided that such facility shall
33 accept wagers on races run at all in-state thoroughbred tracks which are
34 conducting racing programs subject to the following provisions;
35 provided, however, no such written agreement shall be required of a
36 nonprofit racing association licensed in accordance with section one
37 thousand seven of this article.
38 2. a. Of the sums so retained, one-half of one per centum of all
39 wagers shall be paid to the New York state thoroughbred breeding and
40 development fund, except that of the sums so retained on such wagers at
41 licensed harness tracks, one-half of one per centum shall be paid to the
42 agriculture and New York state horse breeding and development fund.
43 b. Any thoroughbred racing association or corporation or non-profit
44 racing association or harness racing association or corporation or off-
45 track betting corporation shall pay to the racing and wagering board as
46 a regulatory fee, which fee is hereby levied, thirty-nine hundredths of
47 one percent of all wagering pools.
48 § 26. The state finance law is amended by adding a new section 99-i to
49 read as follows:
50 § 99-i. Racing regulation account. 1. There is hereby established in
51 the joint custody of the comptroller and the racing and wagering board a
52 special revenue fund to be known as the "racing regulation account".
53 2. The racing revenue account shall consist of all money received by
54 the board as regulatory fees pursuant to the provisions of the racing,
55 pari-mutuel wagering and breeding law.
S. 1406--B 569 A. 2106--B
1 3. Moneys of this account shall be available to the board to pay for
2 the costs of carrying out the purposes of the racing, pari-mutuel wager-
3 ing and breeding law.
4 4. All payments from the fund shall be made on the audit and warrant
5 of the comptroller.
6 § 27. Subdivision 1 of section 1009 of the racing, pari-mutuel wager-
7 ing and breeding law, as amended by chapter 346 of the laws of 1990, is
8 amended to read as follows:
9 1. The board may authorize and approve [seven] eight licenses, except
10 that any approval of a license for a non-profit racing association shall
11 not decrease the number of licenses available, as of July first, nine-
12 teen hundred ninety to any other eligible operator under subdivision two
13 of this section, for the operation of simulcast theaters as defined in
14 section one thousand one of this article. One such license shall only
15 be approved for the regional off-track betting corporation defined by
16 paragraph b of subdivision one of section five hundred nineteen of this
17 chapter.
18 § 27-a. Paragraph b of subdivision 3 of section 1009 of the racing,
19 pari-mutuel wagering and breeding law, as amended by chapter 919 of the
20 laws of 1986, is amended to read as follows:
21 b. Letters of consent to the application from any regional track which
22 is not a party to the operation of the proposed theater unless such
23 track is located more than forty miles from the proposed simulcast thea-
24 ter; and a copy of any agreement between the applicant and such corpo-
25 ration pursuant to which such consent has been given, subject to the
26 provision of subdivision two of section one thousand seven of this arti-
27 cle. Notwithstanding the foregoing, the Nassau region may apply to
28 locate one simulcast theater within Nassau County without a letter of
29 consent from the operator of the regional track provided the proposed
30 simulcast theater is not within fifteen miles of the closest border of
31 any racing facility owned by a non-profit racing association.
32 § 28. Subdivision 12 of section 258 of the racing, pari-mutuel wager-
33 ing and breeding law, as added by chapter 2 of the laws of 1995, is
34 amended to read as follows:
35 12. [For] Excluding capital improvements made by a non-profit racing
36 association in connection with, or in furtherance of, video lottery
37 gaming as authorized by section sixteen hundred seventeen-a of the tax
38 law, for the duration of any pari-mutuel tax reduction authorized by
39 paragraph (a) of subdivision one of section two hundred twenty-nine of
40 this article, the capital improvement plan accepted by the fund shall
41 include improvements to the backstretch area amounting to not less than
42 twenty-five percent of the value of all such planned improvements for
43 the year when such reduced tax is in effect.
44 § 29. This act shall take effect immediately.
45 PART G3
46 Section 1. Section 51 of chapter 298 of the laws of 1985, amending the
47 tax law relating to the franchise tax on banking corporations imposed by
48 the tax law, authorized to be imposed by any city having a population of
49 one million or more by chapter 772 of the laws of 1966 and imposed by
50 the administrative code of the city of New York and relating to other
51 provisions of the tax law, chapter 883 of the laws of 1975 and the
52 administrative code of the city of New York which relates to such fran-
53 chise tax, as amended by section 1 of part P of chapter 383 of the laws
54 of 2001, is amended to read as follows:
S. 1406--B 570 A. 2106--B
1 § 51. This act shall take effect immediately and shall apply to taxa-
2 ble years beginning on or after January 1, 1985, except that:
3 (a) sections one through eight shall not apply to taxable years begin-
4 ning on or after January 1, [2003] 2005;
5 (b) sections nine, twelve, the amendment made to paragraph 9 of
6 subsection (a) of section 1452 of the tax law by section thirteen,
7 sections fifteen, sixteen, eighteen, nineteen, twenty, twenty-three,
8 twenty-seven, thirty and thirty-two, the amendment made to paragraph 9
9 of subdivision (a) of section 11-640 of the administrative code of the
10 city of New York by section thirty-three, sections thirty-five, thirty-
11 six, thirty-eight, thirty-nine, forty, and forty-five shall not apply to
12 corporations other than savings banks and savings and loan associations
13 for taxable years beginning on or after January 1, [2003] 2005;
14 (c) sections twenty-one, twenty-two, twenty-four, forty-one and
15 forty-two shall not apply to corporations other than savings banks and
16 savings and loan associations for taxable years beginning on or after
17 January 1, [2003] 2005, provided, however, that the provisions of such
18 sections which relate to the alternative minimum tax measured by taxable
19 assets shall continue to apply to all taxpayers for taxable years begin-
20 ning on or after January 1, [2003] 2005;
21 (d) the amendment to the section heading and the opening paragraph of
22 section 11-643.3 of the administrative code of the city of New York made
23 by section forty-three shall not apply to corporations other than
24 savings banks and savings and loan associations for taxable years begin-
25 ning on or after January 1, [2003] 2005 with respect to those provisions
26 of such section 11-643.3 which relate to the basic tax measured by
27 entire net income; and
28 (e) section twenty-eight, and the addition of new section 11-643.5 of
29 the administrative code of the city of New York made by section forty-
30 four shall not apply to corporations other than savings banks and
31 savings and loan associations for taxable years beginning on or after
32 January 1, [2003] 2005, provided, however, that the provisions of such
33 sections which relate to the alternative minimum taxes measured by
34 assets, issued capital stock and one hundred twenty-five dollars shall
35 continue to apply to all taxpayers for taxable years beginning on or
36 after January 1, [2003] 2005.
37 § 2. Subdivisions (d) and (f) of section 110 of chapter 817 of the
38 laws of 1987, amending the tax law and the environmental conservation
39 law, constituting the business tax reform and rate reduction act of
40 1987, as amended by section 2 of part P of chapter 383 of the laws of
41 2001, are amended to read as follows:
42 (d) The provisions of section sixty-seven except insofar as it amends
43 paragraph 10 of subsection (b) of section 1453 of the tax law, seventy-
44 one and seventy-four shall apply to taxable years beginning after Decem-
45 ber 31, 1986, provided, however, that new paragraphs 11 and 12 of
46 subsection (b) of section 1453 of the tax law as added by section
47 sixty-seven of this act, the amendments made by section seventy-one of
48 this act, and new subsection (i) of section 1453 of the tax law as added
49 by section seventy-four of this act shall not apply to taxable years
50 beginning on or after January 1, [2003] 2005;
51 (f) The provisions of section one hundred four of this act shall apply
52 to taxable years beginning after December 31, 1986, and shall not apply
53 to corporations other than savings banks and savings and loan associ-
54 ations for taxable years beginning on or after January 1, [2003] 2005,
55 provided, however, that the provisions of such section which relate to
56 the alternative minimum tax measured by taxable assets shall continue to
S. 1406--B 571 A. 2106--B
1 apply to all taxpayers for taxable years beginning on or after January
2 1, [2003] 2005.
3 § 3. Subdivisions (c) and (d) of section 68 of chapter 525 of the laws
4 of 1988, amending the tax law and the administrative code of the city of
5 New York relating to the imposition of taxes in the city of New York, as
6 amended by section 3 of part P of chapter 383 of the laws of 2001, are
7 amended to read as follows:
8 (c) The provisions of sections one, thirty-one, thirty-two, thirty-
9 three, thirty-six, thirty-seven, forty through forty-five, forty-seven
10 and forty-eight shall apply to taxable years beginning after December
11 31, 1986, provided, however, that the amendments made by sections thir-
12 ty-six and forty-one of this act, and new subdivision (i) of section
13 11-641 of the administrative code of the city of New York as added by
14 section forty-four of this act shall not apply to taxable years begin-
15 ning on or after January 1, [2003] 2005;
16 (d) The provisions of section forty-six shall apply to taxable years
17 beginning after December 31, 1986, and shall not apply to corporations
18 other than savings banks and savings and loan associations for taxable
19 years beginning on or after January 1, [2003] 2005, provided, however,
20 that the provisions of such section which relate to the alternative
21 minimum tax measured by taxable assets shall continue to apply to all
22 taxpayers for taxable years beginning on or after January 1, [2003]
23 2005;
24 § 4. Section 1452 of the tax law is amended by adding a new subsection
25 (j) to read as follows:
26 (j) Transitional provisions relating to the enactment and implementa-
27 tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything
28 to the contrary contained in this section, a corporation that was in
29 existence before January first, two thousand three and was subject to
30 tax under article nine-A of this chapter for its last taxable year
31 beginning before January first, two thousand three, shall continue to be
32 taxable under article nine-A for all taxable years beginning on or after
33 January first, two thousand three and before January first, two thousand
34 four. The preceding sentence shall not apply to any taxable year during
35 which such corporation is a banking corporation described in paragraphs
36 one through eight of subsection (a) of this section. Notwithstanding
37 anything to the contrary contained in this section, a banking corpo-
38 ration that was in existence before January first, two thousand three
39 and was subject to tax under this article for its last taxable year
40 beginning before January first, two thousand three, shall continue to be
41 taxable under this article for all taxable years beginning on or after
42 January first, two thousand three and before January first, two thousand
43 four. Provided, however, that nothing in this subsection shall prohibit
44 a corporation that elected pursuant to subsection (d) of this section to
45 be taxable under article nine-A of this chapter from revoking that
46 election in accordance with such subsection (d).
47 For purposes of this paragraph, a corporation shall be considered to
48 be subject to tax under article nine-A of this chapter for a taxable
49 year if such corporation was not a taxpayer but was properly included in
50 a combined report filed pursuant to section two hundred eleven of this
51 chapter for such taxable year and a corporation shall be considered to
52 be subject to tax under this article for a taxable year if such corpo-
53 ration was not a taxpayer but was properly included in a combined return
54 filed pursuant to subsection (f) or (g) of section fourteen hundred
55 sixty-two of this article for such taxable year. A corporation that was
56 in existence before January first, two thousand three but first becomes
S. 1406--B 572 A. 2106--B
1 a taxpayer in a taxable year beginning on or after January first, two
2 thousand three and before January first, two thousand four, shall be
3 considered for purposes of this paragraph to have been subject to tax
4 under article nine-A of this chapter for its last taxable year beginning
5 before January first, two thousand three if such corporation would have
6 been subject to tax under such article for such taxable year if it had
7 been a taxpayer during such taxable year. A corporation that was in
8 existence before January first, two thousand three but first becomes a
9 taxpayer in a taxable year beginning on or after January first, two
10 thousand three and before January first, two thousand four, shall be
11 considered for purposes of this paragraph to have been subject to tax
12 under this article for its last taxable year beginning before January
13 first, two thousand three if such corporation would have been subject to
14 tax under this article for such taxable year if it had been a taxpayer
15 during such taxable year.
16 (2) Notwithstanding anything to the contrary contained in this
17 section, a corporation formed on or after January first, two thousand
18 three and before January first, two thousand four may elect to be
19 subject to tax under this article or under article nine-A of this chap-
20 ter for its first taxable year beginning on or after January first, two
21 thousand three and before January first, two thousand four in which
22 either (i) sixty-five percent or more of its voting stock is owned or
23 controlled, directly or indirectly by a financial holding company,
24 provided the corporation whose voting stock is so owned or controlled is
25 principally engaged in activities that are described in section 4(k)(4)
26 or 4(k)(5) of the federal bank holding company act of nineteen hundred
27 fifty-six, as amended and the regulations promulgated pursuant to the
28 authority of such section, or (ii) it is a financial subsidiary.
29 An election under this paragraph may not be made by a corporation
30 described in paragraphs one through eight of subsection (a) of this
31 section or in subsection (e) of this section. In addition, an election
32 under this paragraph may not be made by a corporation that is a party to
33 a reorganization, as defined in subsection (a) of section 368 of the
34 internal revenue code of 1986, as amended, of a corporation described in
35 paragraph one of this subsection if both corporations were sixty-five
36 percent or more owned or controlled, directly or indirectly, by the same
37 interests at the time of the reorganization. An election under this
38 paragraph must be made by the taxpayer on or before the due date for
39 filing its return (determined with regard to extensions of time for
40 filing) for the applicable taxable year. The election to be taxed under
41 article nine-A of this chapter shall be made by the taxpayer by filing
42 the report required pursuant to section two hundred eleven of this chap-
43 ter and the election to be taxed under this article shall be made by the
44 taxpayer by filing the return required pursuant to section fourteen
45 hundred sixty-two of this article. Any election made pursuant to this
46 paragraph shall be irrevocable and shall apply to each subsequent taxa-
47 ble year beginning on or after January first, two thousand three and
48 before January first, two thousand four, provided that the stock owner-
49 ship requirements described in subparagraph (i) of this paragraph are
50 met or such corporation described in subparagraph (ii) of this paragraph
51 continues as a financial subsidiary.
52 (3) For purposes of this section, a financial subsidiary means a
53 corporation (i) sixty-five percent or more of whose voting stock is
54 owned or controlled, directly or indirectly by a banking corporation
55 described in paragraph one, two or three of subsection (a) of this
56 section and (ii) is described in section 5136A(g) of the revised stat-
S. 1406--B 573 A. 2106--B
1 utes of the United States or section 46 of the federal deposit insurance
2 act. For purposes of this article, the term "banking corporation" shall
3 include a corporation electing to be taxed under this article pursuant
4 to paragraph two of this subsection for so long as such election shall
5 be in effect.
6 § 5. Subparagraph (iv) of paragraph 2 of subsection (f) of section
7 1462 of the tax law, as amended by section 6 of part P of chapter 383 of
8 the laws of 2001, is amended to read as follows:
9 (iv) (A) Notwithstanding any provision of this paragraph, any bank
10 holding company exercising its corporate franchise or doing business in
11 the state may make a return on a combined basis without seeking the
12 permission of the commissioner with any banking corporation exercising
13 its corporate franchise or doing business in the state in a corporate or
14 organized capacity sixty-five percent or more of whose voting stock is
15 owned or controlled, directly or indirectly, by such bank holding compa-
16 ny, for the first taxable year beginning on or after January first, two
17 thousand and before January first, two thousand [three] four during
18 which such bank holding company registers for the first time under the
19 federal bank holding company act, as amended, and also elects to be a
20 financial holding company. In addition, for each subsequent taxable year
21 beginning after January first, two thousand and before January first,
22 two thousand [three] four, any such bank holding company may file on a
23 combined basis without seeking the permission of the commissioner with
24 any banking corporation that is exercising its corporate franchise or
25 doing business in the state and sixty-five percent or more of whose
26 voting stock is owned or controlled, directly or indirectly, by such
27 bank holding company if either such banking corporation is exercising
28 its corporate franchise or doing business in the state in a corporate or
29 organized capacity for the first time during such subsequent taxable
30 year, or sixty-five percent or more of the voting stock of such banking
31 corporation is owned or controlled, directly or indirectly, by such bank
32 holding company for the first time during such subsequent taxable year.
33 Provided however, for each subsequent taxable year beginning after Janu-
34 ary first, two thousand and before January first, two thousand [three]
35 four, a banking corporation described in either of the two preceding
36 sentences which filed on a combined basis with any such bank holding
37 company in a previous taxable year, must continue to file on a combined
38 basis with such bank holding company if such banking corporation, during
39 such subsequent taxable year, continues to exercise its corporate fran-
40 chise or do business in the state in a corporate or organized capacity
41 and sixty-five percent or more of such banking corporation's voting
42 stock continues to be owned or controlled, directly or indirectly, by
43 such bank holding company, unless the permission of the commissioner has
44 been obtained to file on a separate basis for such subsequent taxable
45 year. Provided further, however, for each subsequent taxable year begin-
46 ning after January first, two thousand and before January first, two
47 thousand [three] four, a banking corporation described in either of the
48 first two sentences of this clause which did not file on a combined
49 basis with any such bank holding company in a previous taxable year, may
50 not file on a combined basis with such bank holding company during any
51 such subsequent taxable year unless the permission of the commissioner
52 has been obtained to file on a combined basis for such subsequent taxa-
53 ble year.
54 (B) Notwithstanding any provision of this paragraph other than clause
55 (A) of this subparagraph, the commissioner may not require a bank hold-
56 ing company which, during a taxable year beginning on or after January
S. 1406--B 574 A. 2106--B
1 first, two thousand and before January first, two thousand [three] four,
2 registers for the first time during such taxable year under the federal
3 bank holding company act, as amended, and also elects to be a financial
4 holding company, to make a return on a combined basis for any taxable
5 year beginning on or after January first, two thousand and before Janu-
6 ary first, two thousand [three] four with a banking corporation sixty-
7 five percent or more of whose voting stock is owned or controlled,
8 directly or indirectly, by such bank holding company.
9 § 6. Section 11-640 of the administrative code of the city of New York
10 is amended by adding a new subdivision (i) to read as follows:
11 (i) Transitional provisions relating to the enactment and implementa-
12 tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything
13 to the contrary contained in this section, a corporation that was in
14 existence before January first, two thousand three and was subject to
15 tax under subchapter two of this chapter for its last taxable year
16 beginning before January first, two thousand three, shall continue to be
17 taxable under subchapter two for all taxable years beginning on or after
18 January first, two thousand three and before January first, two thousand
19 four. The preceding sentence shall not apply to any taxable year during
20 which such corporation is a banking corporation described in paragraphs
21 one through eight of subdivision (a) of this section. Notwithstanding
22 anything to the contrary contained in this section, a banking corpo-
23 ration that was in existence before January first, two thousand three
24 and was subject to tax under this subchapter for its last taxable year
25 beginning before January first, two thousand three, shall continue to be
26 taxable under this subchapter for all taxable years beginning on or
27 after January first, two thousand three and before January first, two
28 thousand four. Provided, however, that nothing in this subdivision shall
29 prohibit a corporation that elected pursuant to subdivision (d) of this
30 section to be taxable under subchapter two of this chapter from revoking
31 that election in accordance with subdivision (d) of this section.
32 For purposes of this paragraph, a corporation shall be considered to
33 be subject to tax under subchapter two of this chapter for a taxable
34 year if such corporation was not a taxpayer but was properly included in
35 a combined report filed pursuant to subdivision four of section 11-605
36 of this chapter for such taxable year and a corporation shall be consid-
37 ered to be subject to tax under this subchapter for a taxable year if
38 such corporation was not a taxpayer but was properly included in a
39 combined report filed pursuant to subdivision (f) or (g) of section
40 11-646 of this chapter for such taxable year. A corporation that was in
41 existence before January first, two thousand three but first becomes a
42 taxpayer in a taxable year beginning on or after January first, two
43 thousand three and before January first, two thousand four, shall be
44 considered for purposes of this paragraph to have been subject to tax
45 under subchapter two of this chapter for its last taxable year beginning
46 before January first, two thousand three if such corporation would have
47 been subject to tax under such subchapter for such taxable year if it
48 had been a taxpayer during such taxable year. A corporation that was in
49 existence before January first, two thousand three but first becomes a
50 taxpayer in a taxable year beginning on or after January first, two
51 thousand three and before January first, two thousand four, shall be
52 considered for purposes of this paragraph to have been subject to tax
53 under this subchapter for its last taxable year beginning before January
54 first, two thousand three if such corporation would have been subject to
55 tax under this subchapter for such taxable year if it had been a taxpay-
56 er during such taxable year.
S. 1406--B 575 A. 2106--B
1 (2) Notwithstanding anything to the contrary contained in this
2 section, a corporation formed on or after January first, two thousand
3 three and before January first, two thousand four may elect to be
4 subject to tax under this subchapter or under subchapter two of this
5 chapter for its first taxable year beginning on or after January first,
6 two thousand three and before January first, two thousand four in which
7 either (i) sixty-five percent or more of its voting stock is owned or
8 controlled, directly or indirectly by a financial holding company,
9 provided the corporation whose voting stock is so owned or controlled is
10 principally engaged in activities that are described in section 4(k)(4)
11 or 4(k)(5) of the federal bank holding company act of nineteen hundred
12 fifty-six, as amended and the regulations promulgated pursuant to the
13 authority of such section or (ii) it is a financial subsidiary. An
14 election under this paragraph may not be made by a corporation described
15 in paragraphs one through eight of subdivision (a) of this section or in
16 subdivision (e) of this section. In addition, an election under this
17 paragraph may not be made by a corporation that is a party to a reorgan-
18 ization, as defined in subsection (a) of section 368 of the internal
19 revenue code of 1986, as amended, of a corporation described in para-
20 graph one of this subdivision if both corporations were sixty-five
21 percent or more owned or controlled, directly or indirectly by the same
22 interests at the time of the reorganization.
23 An election under this paragraph must be made by the taxpayer on or
24 before the due date for filing its return (determined with regard to
25 extensions of time for filing) for the applicable taxable year. The
26 election to be taxed under subchapter two of this chapter shall be made
27 by the taxpayer by filing the return required pursuant to subdivision
28 one of section 11-605 of this chapter and the election to be taxed under
29 this subchapter shall be made by the taxpayer by filing the return
30 required pursuant to subdivision (a) of section 11-646 of this chapter.
31 Any election made pursuant to this paragraph shall be irrevocable and
32 shall apply to each subsequent taxable year beginning on or after Janu-
33 ary first, two thousand three and before January first, two thousand
34 four, provided that the stock ownership requirements described in
35 subparagraph (i) of this paragraph are met or such corporation described
36 in subparagraph (ii) of this paragraph continues as a financial subsid-
37 iary.
38 (3) For purposes of this section, a financial subsidiary means a
39 corporation (i) sixty-five percent or more of whose voting stock is
40 owned or controlled, directly or indirectly by a banking corporation
41 described in paragraph one, two or three of subdivision (a) of this
42 section and (ii) is described in section 5136A(g) of the revised stat-
43 utes of the United States or section 46 of the federal deposit insurance
44 act. For purposes of this subchapter, the term "banking corporation"
45 shall include a corporation electing to be taxed under this subchapter
46 pursuant to paragraph two of this subdivision for so long as such
47 election shall be in effect.
48 § 7. Subparagraph (iv) of paragraph 2 of subdivision (f) of section
49 11-646 of the administrative code of the city of New York, as amended by
50 section 9 of part P of chapter 383 of the laws of 2001, is amended to
51 read as follows:
52 (iv) (A) Notwithstanding any provision of this paragraph, any bank
53 holding company exercising its corporate franchise or doing business in
54 the city may make a return on a combined basis without seeking the
55 permission of the commissioner with any banking corporation exercising
56 its corporate franchise or doing business in the city in a corporate or
S. 1406--B 576 A. 2106--B
1 organized capacity sixty-five percent or more of whose voting stock is
2 owned or controlled, directly or indirectly, by such bank holding compa-
3 ny, for the first taxable year beginning on or after January first, two
4 thousand and before January first, two thousand [three] four during
5 which such bank holding company registers for the first time under the
6 federal bank holding company act, as amended, and also elects to be a
7 financial holding company. In addition, for each subsequent taxable year
8 beginning after January first, two thousand and before January first,
9 two thousand [three] four, any such bank holding company may file on a
10 combined basis without seeking the permission of the commissioner with
11 any banking corporation that is exercising its corporate franchise or
12 doing business in the city and sixty-five percent or more of whose
13 voting stock is owned or controlled, directly or indirectly, by such
14 bank holding company if either such banking corporation is exercising
15 its corporate franchise or doing business in the city in a corporate or
16 organized capacity for the first time during such subsequent taxable
17 year, or sixty-five percent or more of the voting stock of such banking
18 corporation is owned or controlled, directly or indirectly, by such bank
19 holding company for the first time during such subsequent taxable year.
20 Provided however, for each subsequent taxable year beginning after Janu-
21 ary first, two thousand and before January first, two thousand [three]
22 four, a banking corporation described in either of the two preceding
23 sentences which filed on a combined basis with any such bank holding
24 company in a previous taxable year, must continue to file on a combined
25 basis with such bank holding company if such banking corporation, during
26 such subsequent taxable year, continues to exercise its corporate fran-
27 chise or do business in the city in a corporate or organized capacity
28 and sixty-five percent or more of such banking corporation's voting
29 stock continues to be owned or controlled, directly or indirectly, by
30 such bank holding company, unless the permission of the commissioner has
31 been obtained to file on a separate basis for such subsequent taxable
32 year. Provided further, however, for each subsequent taxable year
33 beginning after January first, two thousand and before January first,
34 two thousand [three] four, a banking corporation described in either of
35 the first two sentences of this clause which did not file on a combined
36 basis with any such bank holding company in a previous taxable year, may
37 not file on a combined basis with such bank holding company during any
38 such subsequent taxable year unless the permission of the commissioner
39 has been obtained to file on a combined basis for such subsequent taxa-
40 ble year.
41 (B) Notwithstanding any provision of this paragraph other than clause
42 (A) of this subparagraph, the commissioner may not require a bank hold-
43 ing company which, during a taxable year beginning on or after January
44 first, two thousand and before January first, two thousand [three] four,
45 registers for the first time during such taxable year under the federal
46 bank holding company act, as amended, and also elects to be a financial
47 holding company, to make a return on a combined basis for any taxable
48 year beginning on or after January first, two thousand and before Janu-
49 ary first, two thousand [three] four with a banking corporation sixty-
50 five percent or more of whose voting stock is owned or controlled,
51 directly or indirectly, by such bank holding company.
52 § 8. This act shall take effect immediately; provided, however, that
53 sections four, five, six and seven of this act shall apply to taxable
54 years beginning on or after January 1, 2003.
55 PART H3
S. 1406--B 577 A. 2106--B
1 Section 1. Subdivision (e) of section 1500 of the tax law, as amended
2 by section 148 of part A of chapter 389 of the laws of 1997, is amended
3 to read as follows:
4 (e) The term "taxpayer" means any insurance corporation subject to the
5 tax imposed under section fifteen hundred one, fifteen hundred two-a, or
6 fifteen hundred ten or any captive insurance company subject to the tax
7 imposed under section fifteen hundred two-b of this article.
8 § 2. The tax law is amended by adding a new section 1502-a to read as
9 follows:
10 § 1502-a. Tax on non-life insurance corporations. In lieu of the tax
11 imposed by section fifteen hundred one of this article, every domestic
12 insurance corporation, every foreign insurance corporation and every
13 alien insurance corporation, other than such corporations transacting
14 the business of life insurance, (1) authorized to transact business in
15 this state under a certificate of authority from the superintendent of
16 insurance or (2) which is a risk retention group as defined in
17 subsection (n) of section five thousand nine hundred two of the insur-
18 ance law, shall, for the privilege of exercising corporate franchises or
19 for carrying on business in a corporate or organized capacity within
20 this state, and in addition to any other taxes imposed for such privi-
21 lege, pay a tax on all gross direct premiums, less return premiums ther-
22 eon, written on risks located or resident in this state. The tax
23 imposed by this section shall be computed in the manner set forth in
24 subdivision (a) of section fifteen hundred ten of this article as such
25 subdivision applied to taxable years beginning before January first, two
26 thousand three, except that the rate of tax imposed by this section
27 shall be one and seventy-five hundredths percent on all gross direct
28 premiums, less return premiums thereon, for accident and health insur-
29 ance contracts, and two percent on all other such premiums. All the
30 other provisions in section fifteen hundred ten of this article, other
31 than subdivision (b) of such section, shall apply to the tax imposed by
32 this section. In no event shall the tax imposed under this section be
33 less than two hundred fifty dollars.
34 § 3. Subdivision (a) of section 1502-b of the tax law, as added by
35 section 149 of part A of chapter 389 of the laws of 1997, is amended to
36 read as follows:
37 (a) In lieu of the taxes and tax [surcharges] surcharge imposed by
38 sections fifteen hundred one, fifteen hundred two-a, fifteen hundred
39 five-a, and fifteen hundred ten of this article, every captive insurance
40 company licensed by the superintendent of insurance pursuant to the
41 provisions of article seventy of the insurance law, other than the
42 metropolitan transportation authority which is expressly exempt from the
43 payment of fees, taxes or assessments whether state or local, shall, for
44 the privilege of exercising its corporate franchise, pay a tax on (1)
45 all gross direct premiums, less return premiums thereon, written on
46 risks located or resident in this state and (2) all assumed reinsurance
47 premiums, less return premiums thereon, written on risks located or
48 resident in this state. The rate of the tax imposed on gross direct
49 premiums shall be four-tenths of one percent on all or any part of the
50 first twenty million dollars of premiums, three-tenths of one percent on
51 all or any part of the second twenty million dollars of premiums, two-
52 tenths of one percent on all or any part of the third twenty million
53 dollars of premiums, and seventy-five thousandths of one percent on each
54 dollar of premiums thereafter. The rate of the tax on assumed reinsur-
55 ance premiums shall be two hundred twenty-five thousandths of one
56 percent on all or any part of the first twenty million dollars of premi-
S. 1406--B 578 A. 2106--B
1 ums, one hundred and fifty thousandths of one percent on all or any part
2 of the second twenty million dollars of premiums, fifty thousandths of
3 one percent on all or any part of the third twenty million dollars of
4 premiums and twenty-five thousandths of one percent on each dollar of
5 premiums thereafter. The tax imposed by this section shall be equal to
6 the greater of (i) the sum of the tax imposed on gross direct premiums
7 and the tax imposed on assumed reinsurance premiums or (ii) five thou-
8 sand dollars.
9 § 4. Section 1505 of the tax law, as separately amended by chapters
10 480 and 728 of the laws of 1978, subdivision (a) as amended by section
11 87 of part A of chapter 389 of the laws of 1997, paragraph 1 of subdivi-
12 sion (a) as amended by section 5 of part O of chapter 407 of the laws of
13 1999 and subdivision (b) as amended by chapter 729 of the laws of 1993,
14 is amended to read as follows:
15 § 1505. Limitation on tax. (a) (1) Domestic, foreign and alien insur-
16 ance corporations except life insurance corporations. Notwithstanding
17 the provisions of sections fifteen hundred one and fifteen hundred ten
18 of this article, and except as otherwise provided in paragraph two of
19 this subdivision, the amount of taxes imposed under such sections for
20 taxable years beginning on or after January first, nineteen hundred
21 seventy-seven and before January first, two thousand three, computed
22 without regard to any credits allowable against such tax other than
23 those credits provided under subdivisions (g) and (h) of section fifteen
24 hundred eleven of this article, shall not exceed an amount computed as
25 if such taxes were determined solely under section fifteen hundred ten,
26 except that for purposes of the limitation provided herein, the rate of
27 tax under such section shall be deemed to be (i) two and six-tenths
28 percent for taxable years beginning on or after January first, nineteen
29 hundred seventy-seven and before July first, two thousand, (ii) two and
30 four tenths percent for taxable years beginning after June thirtieth,
31 two thousand and before July first, two thousand one, (iii) two and two
32 tenths percent for taxable years beginning after June thirtieth, two
33 thousand one and before July first, two thousand two, and (iv) two
34 percent for taxable years beginning after June thirtieth, two thousand
35 two.
36 (2) Domestic, foreign and alien life insurance corporations. The
37 provisions of this paragraph shall apply to taxpayers subject to tax
38 under paragraph one of subdivision (b) of section fifteen hundred ten of
39 this article. Notwithstanding the provisions of sections fifteen hundred
40 one and fifteen hundred ten of this article, the amount of taxes imposed
41 under such sections for taxable years beginning on or after January
42 first, nineteen hundred seventy-seven, computed without regard to any
43 credits allowable against such tax other than those credits provided
44 under subdivisions (g) and (h) of section fifteen hundred eleven of this
45 article, shall not exceed an amount computed as if such taxes were
46 determined solely under section fifteen hundred ten, except that for
47 purposes of the limitation provided herein, the rate of tax under such
48 section shall be deemed to be (i) two and six-tenths percent for taxable
49 years beginning on or after January first, nineteen hundred seventy-sev-
50 en and before January first, nineteen hundred ninety-eight, and (ii) two
51 percent for taxable years beginning on or after January first, nineteen
52 hundred ninety-eight.
53 (b) Notwithstanding the provisions of sections fifteen hundred one and
54 fifteen hundred ten of this article, in the case of taxpayers subject to
55 tax under subdivision (b) of section fifteen hundred ten, the total
56 amount of tax imposed under this article, computed before the applica-
S. 1406--B 579 A. 2106--B
1 tion of any credits allowable against such tax, shall in no event be
2 less than the amount computed as if such tax was determined solely under
3 section fifteen hundred ten, except that the rate of tax under section
4 fifteen hundred ten shall be deemed to be one and five-tenths percent.
5 (c) For purposes of the limitation set forth in subdivision (a) of
6 this section, in the case of an insurance corporation more then ninety-
7 five percent of whose premiums are received as consideration for annuity
8 contracts or are for policies and insurance described in paragraph two
9 of subdivision (c) of section fifteen hundred ten of this article, in
10 determining the amount of tax computed solely under section fifteen
11 hundred ten of this article, gross direct premiums subject to tax under
12 such section shall include all amounts received as consideration for
13 annuity contracts and premiums for policies and insurance, including any
14 separate costs assessed by such insurance corporation upon its policy-
15 holders, described in paragraph two of subdivision (c) of such section.
16 § 5. Subdivision (a) of section 1505-a of the tax law, as amended by
17 section 7 of part D of chapter 20 of the laws of 2001, is amended to
18 read as follows:
19 (a) (1) Every domestic insurance corporation and every foreign or
20 alien insurance corporation, and every life insurance corporation
21 described in subdivision (b) of section fifteen hundred one of this
22 article, for the privilege of exercising its corporate franchise, or of
23 doing business, or of employing capital, or of owning or leasing proper-
24 ty in the metropolitan commuter transportation district in a corporate
25 or organized capacity, or of maintaining an office in the metropolitan
26 commuter transportation district, for all or any part of its taxable
27 years commencing on or after January first, nineteen hundred eighty-two,
28 but ending before December thirty-first, two thousand five, except
29 corporations specified in subdivision (c) of section fifteen hundred
30 twelve of this article, shall annually pay, in addition to the taxes
31 otherwise imposed by [sections fifteen hundred one and fifteen hundred
32 ten of] this article [as limited by section fifteen hundred five of this
33 article], a tax surcharge on the taxes imposed under [sections fifteen
34 hundred one and fifteen hundred ten of] this article [as limited by
35 section fifteen hundred five of this article] after the deduction of any
36 credits otherwise allowable under this article as allocated to such
37 district. Such taxes shall be allocated to such district for purposes
38 of computing such tax surcharge upon taxpayers subject to tax under
39 subdivision (b) of section fifteen hundred ten of this article by apply-
40 ing the methodology, procedures and computations set forth in subdivi-
41 sions (a) and (b) of section fifteen hundred four of this article,
42 except that references to terms denoting New York premiums, and total
43 wages, salaries, personal service compensation and commissions within
44 New York shall be read as denoting within the metropolitan commuter
45 transportation district and terms denoting total premiums and total
46 wages, salaries, personal service compensation and commissions shall be
47 read as denoting within the state. If it shall appear to the commis-
48 sioner that the application of the methodology, procedures and computa-
49 tions set forth in such subdivisions (a) and (b) does not properly
50 reflect the activity, business or income of a taxpayer within the metro-
51 politan commuter transportation district, then the commissioner shall be
52 authorized, in the commissioner's discretion, to adjust such methodol-
53 ogy, procedures and computations for the purpose of allocating such
54 taxes by:
55 [(1)] (A) excluding one or more factors therein;
S. 1406--B 580 A. 2106--B
1 [(2)] (B) including one or more other factors therein, such as
2 expenses, purchases, receipts other than premiums, real property or
3 tangible personal property; or
4 [(3)] (C) any other similar or different method which allocates such
5 taxes by attributing a fair and proper portion of such taxes to the
6 metropolitan commuter transportation district. The commissioner from
7 time to time shall publish all rulings of general public interest with
8 respect to any application of the provisions of the preceding sentence.
9 The commissioner may promulgate rules and regulations to further imple-
10 ment the provisions of this section.
11 (2) Such taxes shall be allocated to such district for purposes of
12 computing such tax surcharge upon taxpayers subject to tax under section
13 fifteen hundred two-a of this article pursuant to a fraction, the denom-
14 inator of which shall be the direct premiums subject to tax under
15 section fifteen hundred ten of this article, and the numerator of which
16 shall be the direct premiums subject to tax under section fifteen
17 hundred ten of this article that are written on risks located or resi-
18 dent in the metropolitan commuter transportation district, including
19 premiums written, procured or received in the metropolitan commuter
20 transportation district on business that cannot be specifically assigned
21 as located or resident in an area of New York state outside the metro-
22 politan commuter transportation district, or in another state or states;
23 provided, however, in the case of special risk premiums, the numerator
24 shall include only those premiums written, procured or received in the
25 metropolitan commuter transportation district on property or risks
26 located or resident in the metropolitan commuter transportation
27 district.
28 (3) Such tax surcharge shall be computed at the rate of eighteen per
29 centum of the taxes imposed under sections fifteen hundred one and
30 fifteen hundred ten of this article as limited by section fifteen
31 hundred five of this article, as allocated to such district, for such
32 taxable years or any part of such taxable years ending before December
33 thirty-first, nineteen hundred eighty-three after the deduction of any
34 credits otherwise allowable under this article, [and] at the rate of
35 seventeen per centum of the taxes imposed under such sections as limited
36 by section fifteen hundred five of this article, as allocated to such
37 district, for such taxable years or any part of such taxable years
38 ending on or after December thirty-first, nineteen hundred eighty-three
39 and before January first, two thousand three after the deduction of any
40 credits otherwise allowable under this article, and at the rate of
41 seventeen per centum of the taxes imposed under sections fifteen hundred
42 one, fifteen hundred two-a, and fifteen hundred ten of this article, as
43 limited or otherwise determined by subdivision (a) or (b) of section
44 fifteen hundred five of this article, as allocated to such district, for
45 such taxable years or any part of such taxable years ending after Decem-
46 ber thirty-first, two thousand two after the deduction of any credits
47 otherwise allowable under this article; provided, however, that the tax
48 surcharge imposed by this section shall not be imposed upon any taxpayer
49 for more than two hundred seventy-six months. Provided however, that for
50 taxable years commencing on or after July first, two thousand, and in
51 the case of taxpayers subject to tax under section fifteen hundred two-a
52 of this article, for taxable years of such taxpayers beginning on or
53 after July first, two thousand and before January first, two thousand
54 three, such surcharge shall be calculated as if (i) the rate of the tax
55 computed under paragraph one of subdivision (a) of section fifteen
56 hundred two of this article was nine percent and (ii) the rate of the
S. 1406--B 581 A. 2106--B
1 limitation on tax set forth in section fifteen hundred five of this
2 article for domestic, foreign and alien insurance corporations except
3 life insurance corporations was two and six-tenths percent.
4 § 6. Subdivision (d) of section 1505-a of the tax law, as amended by
5 chapter 999 of the laws of 1984, is amended to read as follows:
6 (d) (1) [For purposes of this subdivision (A) the term "surcharge
7 taxable years" means the taxable years of all insurers organized or
8 domiciled in this state beginning in a calendar year for which the tax
9 surcharge is imposed by this section and to which amounts paid to other
10 states are attributable;
11 (B) the term "limitation date" means the first day of the sixth calen-
12 dar year beginning after the close of the calendar year in which an
13 insurer's surcharge taxable year begins; and
14 (C) the term "excess credits" means the amount by which total credits
15 claimed pursuant to this subdivision for all surcharge taxable years
16 beginning in a calendar year exceed four million dollars.
17 (2)] If, by the laws of any state other than this state, or by the
18 action of any public official of such other state, any insurer organized
19 or domiciled in this state, or the duly authorized agents thereof,
20 subject to the business tax surcharge imposed by this section shall be
21 required to pay taxes for the privilege of doing business in such other
22 state which taxes are imposed or assessed because of the taxes imposed
23 or assessed under this section, in computing the tax imposed by this
24 section a credit shall be allowed for taxes paid to other states, which
25 credit shall be determined pursuant to the provisions of this section;
26 provided, however, the credit allowed any insurer under this subdivision
27 shall in no event be greater than the tax surcharge payable by such
28 insurer pursuant to this section for the taxable year with respect to
29 which such amount has been imposed or assessed by such other states.
30 [(3) If, as of the end of any calendar year up to and including the
31 limitation date with respect to a surcharge taxable year, the total
32 credits claimed for all surcharge taxable years beginning in a calendar
33 year by insurers, organized or domiciled in this state, for taxes paid
34 to other states by such year-end or such limitation date because of the
35 tax surcharge imposed by this section exceed four million dollars, each
36 such credit claimed by an insurer for such surcharge taxable year shall
37 be reduced proratably so that the total credits of all such insurers
38 allowable with respect to the surcharge taxable year shall not exceed
39 four million dollars.
40 (4) No credit may be claimed under this subdivision for taxes paid to
41 other states on or after the limitation date for a surcharge taxable
42 year.
43 (5) Each insurer granted a credit pursuant to this section shall be
44 assessed for its proportional share of any excess credits determined
45 under paragraph three hereof. The last date prescribed for the payment
46 of an assessment for such excess credits shall be the ninetieth day
47 following the date of the notice of such assessment. Assessments under
48 this paragraph with respect to a surcharge taxable year shall be made
49 within three years after the limitation date for such surcharge taxable
50 year.
51 (6)] (2) In addition to any other requirements of this article, an
52 insurer claiming a credit under this subdivision shall attach to the
53 returns required pursuant to this section and section fifteen hundred
54 fifteen of this article a computation identifying the credit attribut-
55 able to taxes paid to other states because of the tax surcharge imposed
56 by this section, which credit shall be further broken down to reflect
S. 1406--B 582 A. 2106--B
1 amounts and taxable years to which the retaliatory taxes giving rise to
2 the credit relate. The credit attributable to taxes paid to other states
3 because of the tax surcharge imposed by this section shall be the
4 difference between: (i) the credit which would be claimed by the insurer
5 pursuant to subdivision (c) of section fifteen hundred eleven of this
6 chapter if the tax surcharge imposed by this section were permitted in
7 the computation of such credit, and (ii) the credit which is claimed by
8 such insurer pursuant to such subdivision (c).
9 [(7)] (3) To the extent not inconsistent with the provisions of this
10 subdivision, the provisions of paragraphs four and five of subdivision
11 (c) of section fifteen hundred eleven of this chapter shall apply with
12 respect to the credit allowed under this subdivision.
13 [(8)] (4) No credit against [reciprocal taxes imposed by this state
14 under subdivision (b) of section fifteen hundred eleven of this article
15 or against] taxes paid to other jurisdictions under subdivision (c) of
16 section fifteen hundred eleven of this article shall be allowed for any
17 taxes paid under this section by any domestic[, foreign or alien] insur-
18 ance corporation, including life insurance corporations subject to tax
19 under this section.
20 § 7. Section 1510 of the tax law, as added by chapter 649 of the laws
21 of 1974, subdivision (a) as amended by chapter 640 of the laws of 1992,
22 subdivision (b) as amended by chapter 57 of the laws of 1977, paragraph
23 1 of subdivision (b) as amended by section 88 of part A of chapter 389
24 of the laws of 1997, paragraph 1 of subdivision (c) as amended by chap-
25 ter 729 of the laws of 1993, paragraph 2 of subdivision (c) as amended
26 by chapter 805 of the laws of 1984 and paragraph 4 of subdivision (c) as
27 amended by chapter 389 of the laws of 1979, is amended to read as
28 follows:
29 § 1510. Additional franchise tax on insurance corporations. (a) Domes-
30 tic, foreign and alien insurance corporations except life insurance
31 corporations. Except as hereinafter provided, for taxable years begin-
32 ning before January first, two thousand three every domestic insurance
33 corporation, every foreign insurance corporation and every alien insur-
34 ance corporation, other than such corporations transacting the business
35 of life insurance, (1) authorized to transact business in this state
36 under a certificate of authority from the superintendent of insurance or
37 (2) which is a risk retention group as defined in subsection [(o)] (n)
38 of section five thousand nine hundred two of the insurance law, shall,
39 for the privilege of exercising corporate franchises or for carrying on
40 business in a corporate or organized capacity within this state, and in
41 addition to any other taxes imposed for such privilege, pay a tax on all
42 gross direct premiums, less return premiums thereon, written on risks
43 located or resident in this state. The rate of tax imposed by this
44 subdivision shall be two percent on premiums written on or after January
45 first, nineteen hundred seventy-four and before January first, nineteen
46 hundred seventy-five, one and nine-tenths percent on premiums written on
47 or after January first, nineteen hundred seventy-five and before January
48 first, nineteen hundred seventy-six, one and eight-tenths percent on
49 premiums written on or after January first, nineteen hundred seventy-six
50 and before January first, nineteen hundred seventy-eight, one and two-
51 tenths percent on premiums written on or after January first, nineteen
52 hundred seventy-eight and before January first, nineteen hundred nine-
53 ty-two and one and three-tenths percent on premiums written on and after
54 such date. Provided, however, that the rate of tax imposed by this
55 subdivision on all gross direct premiums, less return premiums thereon,
56 for accident and health insurance contracts shall be one and six-tenths
S. 1406--B 583 A. 2106--B
1 percent for such premiums written on or after January first, nineteen
2 hundred seventy-four and before January first, nineteen hundred seven-
3 ty-eight, and one percent for such premiums written on or after January
4 first, nineteen hundred seventy-eight.
5 (b) Domestic, foreign and alien life insurance corporations. (1)
6 Except as hereinafter provided, every domestic life insurance corpo-
7 ration, and every foreign and alien life insurance corporation author-
8 ized to transact business in this state under a certificate of authority
9 from the superintendent of insurance, shall, for the privilege of exer-
10 cising corporate franchises or for carrying on business in a corporate
11 or organized capacity within this state, and in addition to any other
12 taxes imposed for such privilege, pay a tax on all gross direct premi-
13 ums, less return premiums thereon, received in cash or otherwise on
14 risks resident in this state, including supplemental contracts for total
15 and permanent disability benefits and accidental death benefits. The
16 rate of such tax shall be (i) one and six-tenths percent on such premi-
17 ums received on or after January first, nineteen hundred seventy-four
18 and before January first, nineteen hundred seventy-eight, (ii) one
19 percent on such premiums received on or after January first, nineteen
20 hundred seventy-eight and before January first, nineteen hundred eight-
21 y-seven, (iii) eight-tenths percent on such premiums received on or
22 after January first, nineteen hundred eighty-seven and before January
23 first, nineteen hundred ninety-eight, and (iv) seven-tenths percent on
24 such premiums received on or after January first, nineteen hundred nine-
25 ty-eight.
26 (2) Every such life insurance corporation which shall obtain a certif-
27 icate of authority to transact business in this state or a renewal of
28 such certificate from the superintendent of insurance shall, upon the
29 expiration of such certificate for any cause or upon its ceasing to
30 transact new business in this state, continue to pay a tax upon its
31 business remaining in force in this state at the rate and as computed in
32 this subdivision.
33 (c) Determination of direct premiums--general provisions. (1) The term
34 "premium" includes all amounts received as consideration for insurance
35 contracts or reinsurance contracts, other than for annuity contracts,
36 and shall include premium deposits, assessments, policy fees, membership
37 fees, any separate costs by carriers assessed upon their policyholders
38 and every other compensation for such contract. In ascertaining the
39 amount of direct premiums upon which a tax is payable under this section
40 there shall be first determined the amount of total gross premiums or
41 deposit premiums or assessments, less returns thereon, on all policies,
42 certificates, renewals, policies subsequently cancelled, insurance and
43 reinsurance executed, issued or delivered on property or risks located
44 or resident in this state, including premiums for reinsurance assumed,
45 and also including premiums written, procured or received in this state
46 on business which cannot specifically be allocated or apportioned and
47 reported as taxable premiums or which have been used as a measure of a
48 tax on business of any other state or states. Provided however, in the
49 case of special risk premiums, direct premiums shall include only those
50 premiums written, procured or received in this state on property or
51 risks located or resident in this state. The reporting of premiums for
52 the purpose of the tax imposed by this section shall be on a written
53 basis or on a paid-for basis consistent with the basis required by the
54 annual statement filed with the superintendent of insurance pursuant to
55 section three hundred seven of the insurance law.
S. 1406--B 584 A. 2106--B
1 (2) The term "gross direct premiums," as used in this section, shall
2 not include premiums for policies issued pursuant to section four thou-
3 sand two hundred thirty-six of the insurance law and premiums for insur-
4 ance upon hulls, freights, or disbursements, or upon goods, wares,
5 merchandise and all other personal property and interests therein, in
6 the course of exportation from, importation into any country, or trans-
7 portation coastwise, including transportation by land or water from
8 point of origin to final destination in respect to, appertaining to, or
9 in connection with, any and all risks or perils of navigation, transit
10 or transportation, and while being prepared for, and while awaiting
11 shipment, and during any delays, storage, transshipment or reshipment
12 incident thereto, including war risks and marine builder's risks.
13 (3) After determining the amount of total gross premiums, less returns
14 thereon, as hereinbefore provided, there shall be deducted the following
15 items:
16 (A) Such premiums, less return premiums thereon, which have been
17 received by way of reinsurance from corporations or other insurers
18 authorized to transact business in this state;
19 (B) Such premiums, less return premiums thereon, which have been
20 received by way of reinsurance from corporations or other insurers not
21 authorized to transact business in this state to the extent that such
22 premiums relate to transactions (i) that are authorized by section two
23 thousand one hundred five of the insurance law with respect to excess
24 line insurance, and (ii) with respect to which sums are payable by
25 licensed excess line brokers to the superintendent of insurance pursuant
26 to section two thousand one hundred eighteen of the insurance law; and
27 (C) Dividends on such direct business, including unused or unabsorbed
28 portions of premium deposits paid or credited to policyholders, but not
29 including deferred dividends paid in cash to policyholders on maturing
30 policies, nor cash surrender values.
31 (4) In determining the amount of direct premiums taxable in this
32 state, all such premiums written, procured or received in this state
33 shall be deemed written on property or risks located or resident in this
34 state except such premiums as are properly allocated or apportioned and
35 reported as taxable premiums or which have been used as a measure of a
36 tax of any other state or states, provided however, in the case of
37 special risk premiums, direct premiums shall include only those premiums
38 written, procured or received in this state on property or risks located
39 or resident in this state.
40 (e) Powers and duties of the superintendent of insurance.
41 (1) The superintendent of insurance shall, on behalf of the [tax
42 commission] commissioner, have the power, duty and responsibility to
43 examine returns of an insurance corporation filed with him pursuant to
44 section fifteen hundred fifteen and, together with any other information
45 within his possession or that may come into his possession, to ascertain
46 the correct amount of tax imposed under this section of any insurance
47 corporation. For the purpose of ascertaining the correctness of any such
48 tax imposed under this section or for the purpose of making an estimate
49 of the tax liability under this section of any insurance corporation,
50 the superintendent shall have the power to examine or cause to have
51 examined by any agent or representative designated by him for that
52 purpose, any books, papers, records or memoranda bearing upon the
53 matters required to be included in the return.
54 (2) If the superintendent of insurance ascertains that the amount of
55 tax imposed under this section as shown on the return of any insurance
56 corporation is less than the amount of tax disclosed by his or her exam-
S. 1406--B 585 A. 2106--B
1 ination, he or she shall propose, in writing, to the [tax commission]
2 commissioner the issuance of a notice of deficiency for the amount due.
3 If an insurance corporation fails to file a return with the superinten-
4 dent of insurance within the time required for the filing of such return
5 (with regard to any extension of time for the filing thereof), the
6 superintendent of insurance shall make an estimate of the amount of tax
7 due for the period in respect to which such insurance corporation failed
8 to file the return. The estimate shall be made from any available infor-
9 mation which is in the possession or may come into the possession of the
10 superintendent of insurance and he shall propose, in writing, to the
11 [tax commission] commissioner the issuance of a notice of deficiency for
12 the amount of such estimated tax. Any proposal pursuant to this para-
13 graph shall set forth the basis thereof and the details of its computa-
14 tion.
15 (3) The [tax commission] commissioner shall, on receipt of a proposal
16 from the superintendent of insurance pursuant to paragraph [(2)] two of
17 this subdivision, review such proposal and if satisfied as to the
18 correctness thereof shall take appropriate action under this chapter for
19 the assessment and collection of the amount of tax, together with inter-
20 est and penalties, either shown by such proposal to be due or which the
21 [state tax commission] commissioner ascertains to be due. The provisions
22 of this subdivision shall not in any way be deemed to limit the power of
23 the [tax commission] commissioner to conduct such examination, or inves-
24 tigation as it deems necessary in order to carry out its duties with
25 respect to the taxes imposed under this section.
26 (4) Subject to the consent of the superintendent of insurance and
27 notwithstanding any other provisions of law to the contrary, the [tax
28 commission] commissioner may delegate such other of [its] his or her
29 powers and duties with respect to the administration and collection of
30 the taxes imposed under this section to the superintendent of insurance,
31 as the [tax commission] commissioner finds necessary in order to facili-
32 tate such administration and collection.
33 § 8. Paragraph 2 of subdivision (e) of section 1511 of the tax law, as
34 added by chapter 788 of the laws of 1978, is amended to read as follows:
35 (2) In no event shall the credit herein provided for be allowed in an
36 amount which will reduce the tax payable to less than the minimum tax
37 fixed by paragraph four of subdivision (a) of section fifteen hundred
38 two of this article or section fifteen hundred two-a of this article,
39 whichever is applicable. If, however, the amount of credit allowable
40 under this subdivision for any taxable year reduces the tax to such
41 amount, any amount of credit not deductible in such taxable year may be
42 carried over to the following year or years and may be deducted from the
43 taxpayer's tax for such year or years.
44 § 9. Paragraph 5 of subdivision (f) of section 1511 of the tax law, as
45 amended by chapter 803 of the laws of 1985, is amended to read as
46 follows:
47 (5) No credit allowed pursuant to this subdivision shall reduce the
48 tax payable by any taxpayer under this article for any taxable year to
49 an amount less than the minimum tax fixed by paragraph four of subdivi-
50 sion (a) of section fifteen hundred two of this article or section
51 fifteen hundred two-a of this article, whichever is applicable.
52 § 10. The closing paragraph of paragraph 4 of subdivision (g) of
53 section 1511 of the tax law, as amended by section 8 of part BB of chap-
54 ter 407 of the laws of 1999, is amended to read as follows:
55 Provided, further, however, that the credit provided for herein with
56 respect to the taxable year, and carryovers of such credit to the taxa-
S. 1406--B 586 A. 2106--B
1 ble year, deducted from the tax otherwise due, may not, in the aggre-
2 gate, exceed fifty percent of (i) in the case of taxpayers subject to
3 tax under subdivision (b) of section fifteen hundred ten of this arti-
4 cle, the lesser of (I) the limitation on tax computed pursuant to subdi-
5 vision (a) of section fifteen hundred five, or (II) the greater of the
6 sum of the taxes imposed under sections fifteen hundred one and fifteen
7 hundred ten or the [limitation on tax] amount of tax computed pursuant
8 to subdivision (b) of section fifteen hundred five, [whichever is less]
9 or (ii) for all other insurance corporations, the tax imposed under
10 section fifteen hundred two-a of this article, computed without regard
11 to any credit provided for under this article.
12 § 11. Paragraph 5 of subdivision (g) of section 1511 of the tax law,
13 as amended by chapter 170 of the laws of 1994, is amended to read as
14 follows:
15 (5) The credit or carryovers of such credit allowed under this subdi-
16 vision for any taxable year shall not, in the aggregate, reduce the tax
17 due for such year to less than the minimum tax fixed by paragraph four
18 of subdivision (a) of section fifteen hundred two of this article or by
19 section fifteen hundred two-a of this article, whichever is applicable.
20 However, if the amount of credit or carryovers of such credit, or both,
21 allowed under this subdivision for any taxable year reduces the tax to
22 such amount, or if any part of the credit or carryovers of such credit
23 may not be deducted from the tax otherwise due by reason of the final
24 sentence in paragraph four hereof, any amount of credit or carryovers of
25 such credit thus not deductible in such taxable year may be carried over
26 to the following year or years and may be deducted from the taxpayer's
27 tax for such year or years.
28 § 12. Paragraph 2 of subdivision (h) of section 1511 of the tax law,
29 as amended by chapter 708 of the laws of 1993, is amended to read as
30 follows:
31 (2) The credit and carryover of such credit allowed under this subdi-
32 vision for any taxable year shall not, in the aggregate, reduce the tax
33 due for such year to less than the minimum fixed by paragraph four of
34 subdivision (a) of section fifteen hundred two of this article or by
35 section fifteen hundred two-a of this article, whichever is applicable.
36 However, if the amount of credit or carryovers of such credit, or both,
37 allowed under this subdivision for any taxable year reduces the tax to
38 such amount, or if any part of the credit or carryovers of such credit
39 may not be deducted from the tax otherwise due by reason of the final
40 sentence of this paragraph, any amount of credit or carryovers of such
41 credit thus not deductible in such taxable year may be carried over to
42 the following year or years and may be deducted from the tax for such
43 year or years. In addition, the amount of such credit, and carryovers
44 of such credit to the taxable year, deducted from the tax otherwise due
45 may not, in the aggregate, exceed fifty percent of (i) in the case of
46 taxpayers subject to tax under subdivision (b) of section fifteen
47 hundred ten of this article, the lesser of (I) the limitation on tax
48 computed pursuant to subdivision (a) of section fifteen hundred five, or
49 (II) the greater of the sum of the taxes imposed under sections fifteen
50 hundred one and fifteen hundred ten or the [limitation on tax] amount of
51 tax computed pursuant to subdivision (b) of section fifteen hundred
52 five, [whichever is less] or (ii) for all other insurance corporations,
53 the tax imposed under section fifteen hundred two-a of this article,
54 computed without regard to any credit provided for under this article.
S. 1406--B 587 A. 2106--B
1 § 13. Paragraph 5 of subdivision (j) of section 1511 of the tax law,
2 as added by chapter 142 of the laws of 1997, is amended to read as
3 follows:
4 (5) Carryover. The credit and carryovers of such credit allowed under
5 this subdivision for any taxable year shall not, in the aggregate,
6 reduce the tax due for such year to less than the minimum tax fixed by
7 paragraph four of subdivision (a) of section fifteen hundred two of this
8 article or by section fifteen hundred two-a of this article, whichever
9 is applicable. However, if the amount of credit or carryovers of such
10 credit, or both, allowed under this subdivision for any taxable year
11 reduces the tax to such amount, then any amount of credit or carryovers
12 of such credit thus not deductible in such taxable year may be carried
13 over to the following year or years and may be deducted from the taxpay-
14 er's tax for such year or years.
15 § 14. Paragraph 3 of subdivision (k) of section 1511 of the tax law,
16 as amended by section 2 of part S of chapter 407 of the laws of 1999, is
17 amended to read as follows:
18 (3) No credit allowable pursuant to this subdivision shall reduce the
19 tax payable under this article to less than the minimum tax fixed by
20 paragraph four of subdivision (a) of section fifteen hundred two of this
21 article or by section fifteen hundred two-a of this article, whichever
22 is applicable. If, however, the amount of credit allowable under this
23 subdivision for any taxable year reduces the tax to such amount, any
24 amount of credit not taken in such taxable year may be carried over to
25 the following year or years and may be deducted from the taxpayer's tax
26 for such year or years.
27 § 15. Subdivision (1) of section 1511 of the tax law, as added by
28 section 5 of part J of chapter 407 of the laws of 1999, is amended to
29 read as follows:
30 (l) Credit for purchase of an automated external defibrillator. A
31 taxpayer shall be allowed a credit as hereinafter provided, against the
32 tax imposed by this article for the purchase, other than for resale, of
33 an automated external defibrillator, as such term is defined in section
34 three thousand-b of the public health law. The amount of the credit
35 shall be the cost to the taxpayer of automated external defibrillators
36 purchased during the taxable year, such credit not to exceed five
37 hundred dollars with respect to each unit purchased. The credit allowed
38 under this subdivision for any taxable year shall not reduce the tax due
39 for such year to less than the minimum tax fixed by paragraph four of
40 subdivision (a) of section fifteen hundred two of this article or by
41 section fifteen hundred two-a of this article, whichever is applicable.
42 § 16. Paragraph 2 of subdivision (m) of section 1511 of the tax law,
43 as added by section 9 of part E of chapter 63 of the laws of 2000, is
44 amended to read as follows:
45 (2) In no event shall the credit herein provided for be allowed in an
46 amount which will reduce the tax payable to less than the minimum tax
47 fixed by paragraph four of subdivision (a) of section fifteen hundred
48 two of this article or by section fifteen hundred two-a of this article,
49 whichever is applicable. If, however, the amount of credit allowable
50 under this subdivision for any taxable year reduces the tax to such
51 amount, any amount of credit not deductible in such taxable year may be
52 carried over to the following year or years and may be deducted from the
53 taxpayer's tax for such year or years.
54 § 17. Paragraph 2 of subdivision (n) of section 1511 of the tax law,
55 as added by section 7 of part CC of chapter 63 of the laws of 2000, is
56 amended to read as follows:
S. 1406--B 588 A. 2106--B
1 (2) Application of credit. The credit and carryovers of such credit
2 allowed under this subdivision for any taxable year shall not, in the
3 aggregate, reduce the tax due for such year to less than the minimum tax
4 fixed by paragraph four of subdivision (a) of section fifteen hundred
5 two of this article or by section fifteen hundred two-a of this article,
6 whichever is applicable. However, if the amount of credit or carryovers
7 of such credit, or both, allowed under this subdivision for any taxable
8 year reduces the tax to such amount, then any amount of credit or carry-
9 overs of such credit thus not deductible in such taxable year may be
10 carried over to the following year or years and may be deducted from the
11 taxpayer's tax for such year or years.
12 § 18. Paragraph 2 of subdivision (o) of section 1511 of the tax law,
13 as added by section 8 of part II of chapter 63 of the laws of 2000, is
14 amended to read as follows:
15 (2) Carryover. The credit and carryovers of such credit allowed under
16 this subdivision for any taxable year shall not, in the aggregate,
17 reduce the tax due for such year to less than the minimum tax fixed by
18 paragraph four of subdivision (a) of section fifteen hundred two of this
19 article or by section fifteen hundred two-a of this article, whichever
20 is applicable. However, if the amount of credit or carryovers of such
21 credit, or both, allowed under this subdivision for any taxable year
22 reduces the tax to such amount, then any amount of credit or carryovers
23 of such credit thus not deductible in such taxable year may be carried
24 over to the following year or years and may be deducted from the taxpay-
25 er's tax for such year or years.
26 § 19. Paragraph 2 of subdivision (p) of section 1511 of the tax law,
27 as added by section 7 of part I of chapter 63 of the laws of 2000, is
28 amended to read as follows:
29 (2) Application of credit. The credit allowed under this subdivision
30 for any taxable year shall not reduce the tax due for such year to less
31 than the minimum tax fixed by paragraph four of subdivision (a) of
32 section fifteen hundred two of this article or by section fifteen
33 hundred two-a of this article, whichever is applicable. However, if the
34 amount of credit allowed under this subdivision for any taxable year
35 reduces the tax to such amount, then any amount of credit thus not
36 deductible in such taxable year shall be treated as an overpayment of
37 tax to be credited or refunded in accordance with the provisions of
38 section ten hundred eighty-six of this chapter. Provided, however, the
39 provisions of subsection (c) of section ten hundred eighty-eight of this
40 chapter notwithstanding, no interest shall be paid thereon.
41 § 20. Paragraph 4 of subdivision (q) of section 1511 of the tax law,
42 as added by section 1 of part L of chapter 63 of the laws of 2000, is
43 amended to read as follows:
44 (4) Except as otherwise provided in this paragraph, the credit allowed
45 under this subdivision for any taxable year shall not reduce the tax due
46 for such year to less than the [dollar] amount fixed as a minimum tax by
47 paragraph four of subdivision (a) of section [one thousand five] fifteen
48 hundred two of this article or by section fifteen hundred two-a of this
49 article, whichever is applicable. However, if the amount of credit
50 allowable under this subdivision for any taxable year reduces the tax to
51 such amount, any amount of credit allowed for a taxable year may be
52 carried over to the fifteen taxable years next following such taxable
53 year and may be deducted from the taxpayer's tax for such year or years.
54 In lieu of such carryover, any such taxpayer which qualifies as a new
55 business under paragraph seven of this subdivision may elect to treat
56 the amount of such carryover as an overpayment of tax to be credited or
S. 1406--B 589 A. 2106--B
1 refunded in accordance with the provisions of section one thousand
2 eighty-six of this chapter, provided, however, the provisions of
3 subsection (c) of section one thousand eighty-eight of this chapter
4 notwithstanding no interest shall be paid thereon.
5 § 21. Paragraph 2 of subdivision (r) of section 1511 of the tax law,
6 as added by section 7 of part GG of chapter 63 of the laws of 2000, is
7 amended to read as follows:
8 (2) Application of credit. The credit allowed under this subdivision
9 for any taxable year shall not reduce the tax due for such year to less
10 than the minimum tax fixed by paragraph four of subdivision (a) of
11 section fifteen hundred two of this article or by section fifteen
12 hundred two-a of this article, whichever is applicable. However, if the
13 amount of credit allowed under this subdivision for any taxable year
14 reduces the tax to such amount, then any amount of credit thus not
15 deductible in such taxable year shall be treated as an overpayment of
16 tax to be credited or refunded in accordance with the provisions of
17 section ten hundred eighty-six of this chapter. Provided, however, the
18 provisions of subsection (c) of section ten hundred eighty-eight of this
19 chapter notwithstanding, no interest shall be paid thereon.
20 § 22. Subdivision (s) of section 1511 of the tax law, as added by
21 section 7 of part GG of chapter 63 of the laws of 2000, is amended to
22 read as follows:
23 (s) QEZE tax reduction credit. (1) Allowance of credit. A taxpayer
24 which is a qualified empire zone enterprise shall be allowed a QEZE tax
25 reduction credit, to be computed as provided in section sixteen of this
26 chapter, against the tax imposed by this article.
27 (2) Application of credit. The credit allowed under this subdivision
28 for any taxable year shall not reduce the tax due for such year to less
29 than the minimum tax fixed by paragraph four of subdivision (a) of
30 section fifteen hundred two of this article or by section fifteen
31 hundred two-a of this article, whichever is applicable.
32 § 23. Subdivision (t) of section 1511 of the tax law, as amended by
33 section 5 of part J of chapter 85 of the laws of 2002, is amended to
34 read as follows:
35 (t) Order of credits. Notwithstanding the succeeding sentences of this
36 subdivision, the credits provided for in subdivisions (g) and (h) of
37 this section shall be deducted before any other credits allowable under
38 this article, and the credit provided for in such subdivision (g) shall
39 be deducted after the credit provided for in such subdivision (h). After
40 application of the first sentence of this subdivision, the credits
41 allowable under this article which cannot be carried over and which are
42 not refundable shall be deducted first. Credits allowable under this
43 article which can be carried over, and carryovers of such credits, shall
44 be deducted next, and among such credits, those whose carryover is of
45 limited duration shall be deducted before those whose carryover is of
46 unlimited duration. Credits allowable under this article which are
47 refundable shall be deducted last. Credits under subdivisions (g) and
48 (h) of this section may not be deducted from the limitation on tax
49 computed pursuant to subdivision (a) of section fifteen hundred five of
50 this article.
51 § 24. Subdivision (c) of section 1512 of the tax law, as amended by
52 chapter 639 of the laws of 1986, is amended to read as follows:
53 (c) The taxes imposed by sections fifteen hundred one, fifteen hundred
54 two-a, and fifteen hundred ten of this article shall not apply to any
55 corporation, association, joint stock company or association, person,
56 society, aggregation or partnership doing an insurance business as a
S. 1406--B 590 A. 2106--B
1 member of the New York insurance exchange described in section six thou-
2 sand two hundred one of the insurance law. However, such corporations,
3 associations, joint stock companies or associations, persons, societies,
4 aggregations or partnerships must compute an allocated entire net income
5 pursuant to sections fifteen hundred three and fifteen hundred four of
6 this article and transmit a return to the tax commission pursuant to
7 section fifteen hundred fifteen of this article.
8 § 25. Subdivision (b) of section 1513 of the tax law, as amended by
9 chapter 166 of the laws of 1991, is amended to read as follows:
10 (b) Definition of estimated tax and estimated tax surcharge. The
11 terms "estimated tax" and "estimated tax surcharge" mean the amounts
12 which the taxpayer estimates to be the taxes imposed by [section]
13 sections fifteen hundred one, fifteen hundred two-a and fifteen hundred
14 ten of this article or the tax surcharge imposed by section fifteen
15 hundred five-a of this article, respectively, for the current taxable
16 year, less the sum of any credits which it estimates to be allowable
17 against such taxes or tax surcharge, respectively.
18 § 26. Subdivision (f) of section 1514 of the tax law, as added by
19 chapter 103 of the laws of 1981, is amended to read as follows:
20 (f) The preceding year's tax defined. As used in this section, "the
21 preceding year's tax" means, for taxpayers subject to tax under subdivi-
22 sion (b) of section fifteen hundred ten of this article, the taxes
23 imposed upon the taxpayer by sections fifteen hundred one and fifteen
24 hundred ten of this article from the preceding taxable year or[,] as
25 otherwise determined by subdivision (b) of section fifteen hundred five
26 of this article, and for taxpayers subject to tax under section fifteen
27 hundred two-a of this article, the tax imposed upon the taxpayer by such
28 section fifteen hundred two-a of this article from the preceding year,
29 or for purposes of computing the first installment of estimated tax when
30 an application has been filed for extension of the time for filing the
31 return required to be filed for such preceding taxable year, the amount
32 properly estimated pursuant to paragraph one of subdivision (b) of
33 section fifteen hundred sixteen of this article as the tax imposed upon
34 the taxpayer for such taxable year.
35 § 27. Subparagraph 15 of paragraph (a) of subdivision 9 of section 208
36 of the tax law, as added by chapter 228 of the laws of 2002, is amended
37 to read as follows:
38 (15) In the case of an attorney-in-fact, with respect to which a mutu-
39 al insurance company, which is an interinsurer or a reciprocal insurer
40 and is subject to tax under subdivision (b) of section fifteen hundred
41 ten of this chapter, has made the election provided for under section
42 eight hundred thirty-five of the Internal Revenue Code, an amount equal
43 to the excess, if any, of the amounts paid or incurred by [the] such
44 interinsurer or reciprocal insurer in the taxable year to the attorney-
45 in-fact over the deduction allowed to [the] such interinsurer or recip-
46 rocal insurer with respect to amounts paid or incurred in the taxable
47 year to the attorney-in-fact under subsection (b) of such section eight
48 hundred thirty-five of the Internal Revenue Code.
49 § 28. Paragraph 1 of subsection (e) of section 1085 of the tax law, as
50 amended by chapter 55 of the laws of 1992, is amended to read as
51 follows:
52 (1) Paragraphs (1) and (2) of subsection (d) of this section shall not
53 apply in the case of any corporation (or any predecessor corporation)
54 which had entire net income, or the portion thereof allocated within the
55 state, of one million dollars or more for any taxable year during the
56 three taxable years immediately preceding the taxable year involved;
S. 1406--B 591 A. 2106--B
1 provided, however, that in the case of a corporation subject to tax
2 under section fifteen hundred two-a of this chapter, paragraphs (1) and
3 (2) of subsection (d) of this section shall not apply if such corpo-
4 ration had entire net income, or the portion thereof allocated within
5 the state, of one million dollars or more for any of the three taxable
6 years immediately preceding the taxable year involved, or if the direct
7 premiums subject to tax under section fifteen hundred two-a of this
8 chapter of the corporation for any of such three preceding taxable
9 years beginning on or after January first, two thousand three equals or
10 exceeds three million seven hundred fifty thousand dollars.
11 § 29. Subparagraph (C) of paragraph 2 of subsection (c) of section
12 4223 of the insurance law, as added by chapter 864 of the laws of 1985,
13 is amended to read as follows:
14 (C) additional amounts, including interest (which shall not be less in
15 any year than [three] one and one-half percent of the sum of the actual
16 accumulation amount and the amount of any indebtedness to the company on
17 the contract) and dividends, credited by the company to the contract;
18 minus
19 § 30. This act shall take effect immediately and shall apply to taxa-
20 ble years beginning on or after January 1, 2003; provided, however,
21 that:
22 1. The amendments to paragraph 3 of subdivision (c) of section 1510 of
23 the tax law, made by section seven of this act, shall apply to taxable
24 years beginning on or after January 1, 1990. Notwithstanding the
25 provisions of section 1087 or 1088 of the tax law, a claim for credit or
26 refund based solely on such amendment made by section seven of this act
27 that otherwise would be barred by the statute of limitations specified
28 in section 1087 of the tax law may be filed, provided such claim is
29 filed within 120 days from the date that section seven of this act takes
30 effect; and provided further, that no interest shall be allowed and paid
31 on a claim for credit or refund, or portion of a claim for credit or
32 refund, based on such amendment made by section seven of this act for
33 any taxable year beginning before January 1, 2003; and
34 2. The amendments to subparagraph (C) of paragraph 2 of subsection (c)
35 of section 4223 of the insurance law, made by section twenty-nine of
36 this act, shall expire and be deemed repealed two years after the effec-
37 tive date of this act; provided, however, that any annuity contract
38 entered into on or after such effective date of this act and prior to
39 the repeal of such provisions of this act shall remain in effect and be
40 valid after such repeal date.
41 PART I3
42 Section 1. Paragraph 30 of subdivision (a) of section 1115 of the tax
43 law, as amended by section 84 of part A of chapter 56 of the laws of
44 1998, is amended to read as follows:
45 (30) [Clothing] During the seven-day periods each year commencing on
46 the Tuesday immediately preceding the third Monday of January, known as
47 Dr. Martin Luther King, Jr. day, and ending on Dr. Martin Luther King,
48 Jr. day, and commencing on the Tuesday immediately preceding the first
49 Monday in September, known as Labor day, and ending on Labor day, cloth-
50 ing and footwear for which the receipt or consideration given or
51 contracted to be given is less than one hundred ten dollars per article
52 of clothing, per pair of shoes or other articles of footwear or per item
53 used or consumed to make or repair such clothing and which becomes a
54 physical component part of such clothing.
S. 1406--B 592 A. 2106--B
1 § 2. Subdivision (k) of section 1210 of the tax law, as amended by
2 section 86 of part A of chapter 56 of the laws of 1998, paragraph 2 as
3 amended by section 7 of part KK of chapter 407 of the laws of 1999, is
4 amended to read as follows:
5 (k) Notwithstanding any other provision of state or local law, ordi-
6 nance or resolution to the contrary:
7 (1) Any city having a population of one million or more in which the
8 taxes imposed by section eleven hundred seven of this chapter are in
9 effect, acting through its local legislative body, is hereby authorized
10 and empowered to elect to provide the exemption from such taxes for the
11 same clothing and footwear exempt from state sales and compensating use
12 taxes, during the same periods each year, described in paragraph thirty
13 of subdivision (a) of section eleven hundred fifteen of this chapter by
14 enacting a resolution in the form set forth in paragraph two of this
15 subdivision; whereupon, upon compliance with the provisions of subdivi-
16 sions (d) and (e) of this section, such enactment of such resolution
17 shall be deemed to be an amendment to such section eleven hundred seven
18 and such section eleven hundred seven shall be deemed to incorporate
19 such exemption as if it had been duly enacted by the state legislature
20 and approved by the governor.
21 (2) Form of Resolution: Be it enacted by the (insert proper title of
22 local legislative body) as follows:
23 Section one. Receipts from sales of and consideration given or
24 contracted to be given for purchases of clothing and footwear exempt
25 from state sales and compensating use taxes pursuant to paragraph 30 of
26 subdivision (a) of section 1115 of the tax law shall also be exempt from
27 sales and compensating use taxes imposed in this jurisdiction, during
28 the same periods set forth in such paragraph 30.
29 Section two. This resolution shall take effect March 1, (insert the
30 year, but not earlier than the year [2000] 2004) and shall apply to
31 sales made and uses occurring [on and after that date although made or
32 occurring under a prior contract] during the applicable exemptions peri-
33 ods each year, in accordance with the applicable transitional provisions
34 of sections 1106 and 1217 of the New York tax law.
35 § 3. Notwithstanding any provision of state or local law, ordinance or
36 resolution to the contrary:
37 (a) If, prior to the date this act shall have become a law, a city,
38 county or school district imposing sales and compensating use taxes
39 pursuant to the authority of paragraph 1 of subdivision (a) of section
40 1210 or section 1211 of the tax law or a city having a population of one
41 million or more in which the taxes imposed by section 1107 of the tax
42 law are in effect has elected the exemption for clothing and footwear
43 described in paragraph 30 of subdivision (a) of section 1115 of the tax
44 law, whether such exemption was in effect on the date this act shall
45 have become a law or was to take effect at a future date, and such muni-
46 cipality either wishes or does not wish for the clothing and footwear
47 exemption to continue to apply in the amended form set forth in section
48 one of this act, then such municipality, acting through its local legis-
49 lative body, shall enact a model enactment prepared by the commissioner
50 of taxation and finance pursuant to article 29 of the tax law (i) to
51 amend its local law, ordinance or resolution imposing such taxes to
52 provide that the exemption will continue to apply in the amended form
53 set forth in section one of this act or will not apply as of the effec-
54 tive date of section one of this act, or (ii) in the case of such city
55 of one million or more, which shall be deemed to amend section 1107 of
56 the tax law to provide that the exemption will continue to apply in the
S. 1406--B 593 A. 2106--B
1 amended form set forth in section one of this act or will not apply as
2 of the effective date of section one of this act as if an amendment to
3 such section 1107 had been duly enacted by the state legislature and
4 approved by the governor; provided that any such enactment shall be
5 effective and such section 1107 shall be deemed amended only if such
6 municipality gives notice to the commissioner of taxation and finance in
7 accordance with the provisions of subdivision (d) of section 1210 or
8 section 1211 of the tax law, provided that the 90 day minimum notice
9 requirement to such commissioner shall be deemed complied with if such
10 municipality mails a certified copy of its enactment to such commission-
11 er by certified or registered mail on or before July 18, 2003, and such
12 municipality also complies with the provisions of subdivision (e) of
13 such section 1210 or section 1211, as the case may be.
14 (b) If a city, county or school district imposing sales and compensat-
15 ing use taxes pursuant to the authority of paragraph 1 of subdivision
16 (a) of section 1210 or section 1211 of the tax law or a city having a
17 population of one million or more in which the taxes imposed by section
18 1107 of this chapter are in effect has not elected the exemption for
19 clothing and footwear described in paragraph 30 of subdivision (a) of
20 section 1115 of the tax law prior to the date this act shall have become
21 a law, or has elected such exemption to take effect on March 1, 2004, or
22 later, but such municipality wishes to elect such exemption as amended
23 by section one of this act to be effective on the same date such section
24 one takes effect, such municipality, acting through its local legisla-
25 tive body, shall enact a model enactment prepared by the commissioner of
26 taxation and finance pursuant to article 29 of the tax law (i) to amend
27 its local law, ordinance or resolution imposing such taxes to provide
28 for such amended exemption effective on such date, or (ii) in the case
29 of such city having a population of one million or more, which shall be
30 deemed to amend such section 1107 of the tax law to provide for such
31 amended exemption effective on such date as if an amendment to such
32 section 1107 had been duly enacted by the state legislature and approved
33 by the governor; provided that any such enactment shall be effective and
34 such section 1107 shall be deemed amended only if such municipality
35 gives notice to the commissioner of taxation and finance in accordance
36 with the provisions of subdivision (d) of section 1210 or section 1211
37 of the tax law, provided that the 90 day minimum notice requirement to
38 such commissioner shall be deemed complied with if such municipality
39 mails a certified copy of its enactment to such commissioner by certi-
40 fied or registered mail on or before July 18, 2003, and such munici-
41 pality also complies with the provisions of subdivision (e) of such
42 section 1210 or section 1211, as the case may be.
43 § 4. The provisions of sections one through three of this act, section
44 1107 of the tax law and paragraph 1 of subdivision (a) of section 1210
45 of the tax law, and of any resolution enacted pursuant thereto, taken
46 separately or together, shall not be construed by any person or any
47 court or other entity as either (i) a failure or refusal to continue to
48 impose the taxes imposed by section 1107 of the tax law, as such taxes
49 may from time to time be amended, or (ii) as a reduction in the rate at
50 which such taxes are imposed. After sections one through three of this
51 act shall have become a law, the taxes imposed by such section 1107 of
52 the tax law on receipts from retail sales of and consideration given or
53 contracted to be given for purchases of clothing and footwear shall
54 (except as provided in section two of this act for the periods set forth
55 therein if a city of one million or more enacts a resolution pursuant to
56 the authority of subdivision (k) of section 1210 of the tax law, as
S. 1406--B 594 A. 2106--B
1 amended by section two of this act, or allows a resolution enacted
2 pursuant to the authority of such subdivision (k) of section 1210 to
3 continue in effect as provided in section three of this act) continue to
4 apply, persons liable for such taxes on purchases of such clothing and
5 footwear shall continue to be liable for such taxes, persons required to
6 collect such taxes on such clothing and footwear shall continue to be
7 required to collect and pay over such taxes to the commissioner of taxa-
8 tion and finance, such commissioner shall continue to be required to
9 certify such taxes on such clothing and footwear as provided by article
10 28 of the tax law and section 92-d of the state finance law and the
11 state comptroller shall continue to be required to deposit, appropriate
12 and pay over such taxes as required by such section 92-d of the state
13 finance law, in the manner and to the extent as if sections one through
14 three of this act had not become a law.
15 § 5. This act shall take effect immediately; provided, however, that
16 section one of this act shall take effect June 1, 2003 and shall apply
17 in accordance with the applicable transitional provisions of section
18 1106 of the tax law; and provided further that the amendments to para-
19 graph 30 of subdivision (a) of section 1115 of the tax law made by
20 section one of this act shall expire May 31, 2004 when upon such date
21 the provisions of such section shall be deemed repealed and any resol-
22 ution enacted pursuant to section three of this act shall be deemed to
23 be repealed therewith, provided, however, any local law, ordinance or
24 resolution providing for the exemption described in paragraph 30 of
25 subdivision (a) of section 1115 of the tax law when such local law,
26 ordinance or resolution explicitly elects to continue to grant such
27 exemption after May 31, 2004 shall not be deemed repealed.
28 PART J3
29 Section 1. Paragraph 3 of subsection (c) of section 658 of the tax
30 law, as added by chapter 576 of the laws of 1994, is amended to read as
31 follows:
32 (3) Filing fees. Every subchapter K limited liability company, every
33 single member limited liability company which is a disregarded entity
34 for federal income tax purposes and every limited liability partnership
35 under article eight-B of the partnership law and every foreign limited
36 liability partnership, which has any income derived from New York sourc-
37 es, determined in accordance with the applicable rules of section six
38 hundred thirty-one as in the case of a nonresident individual, shall,
39 [at the prescribed time for making the return required under paragraph
40 one of this subsection] within thirty days after the last day of the
41 taxable year, make a payment of a filing fee. The amount of the filing
42 fee shall be the product of (a) [fifty] one hundred dollars and (b) the
43 number of members of such company or number of partners of such partner-
44 ship, as the case may be, as of the last day of the taxable year, but in
45 no event shall such fee be less than [three] five hundred [twenty-five]
46 dollars nor more than [ten] twenty-five thousand dollars. Such minimum
47 filing fee shall not apply to any single member limited liability compa-
48 ny which is a disregarded entity for federal income tax purposes. Where
49 such fee is not timely paid, it shall be paid upon notice and demand and
50 shall be assessed, collected and paid in the same manner as taxes, and
51 for such purposes any reference in this article to tax imposed by this
52 article shall be deemed also to refer to the fee prescribed herein.
53 § 2. This act shall take effect immediately and shall apply to taxable
54 years beginning in 2003 and 2004; and shall expire January 1, 2005 when
S. 1406--B 595 A. 2106--B
1 upon such date the provisions of this act shall be deemed repealed other
2 than the provision changing the prescribed time for filing the return.
3 PART K3
4 Section 1. Paragraph (a) of subdivision 9 of section 208 of the tax
5 law is amended by adding a new subparagraph 16 to read as follows:
6 (16) In the case of a taxpayer subject to the modification provided by
7 subparagraph sixteen of paragraph (b) of this subdivision, the amount
8 required to be recaptured pursuant to subsection (d) of section 179 of
9 the internal revenue code with respect to property upon which such
10 modification was based.
11 § 2. Paragraph (b) of subdivision 9 of section 208 of the tax law is
12 amended by adding a new subparagraph 16 to read as follows:
13 (16) In the case of a taxpayer which is not an eligible farmer as
14 defined in paragraph (b) of subdivision twenty-two of section two
15 hundred ten of this article, the amount of any deduction claimed pursu-
16 ant to section 179 of the internal revenue code with respect to a sport
17 utility vehicle which is not a passenger automobile as defined in para-
18 graph 5 of subsection (d) of section 280F of the internal revenue code.
19 § 3. Subsection (b) of section 612 of the tax law is amended by adding
20 a new paragraph 36 to read as follows:
21 (36) In the case of a taxpayer who is not an eligible farmer as
22 defined in subsection (n) of section six hundred six of this article,
23 the amount of any deduction claimed pursuant to section 179 of the
24 internal revenue code with respect to a sport utility vehicle which is
25 not a passenger automobile as defined in paragraph 5 of subsection (d)
26 of section 280F of the internal revenue code.
27 § 4. Subsection (c) of section 612 of the tax law is amended by adding
28 a new paragraph 37 to read as follows:
29 (37) In the case of a taxpayer subject to the modification provided by
30 paragraph thirty-six of subsection (b) of this section, the amount
31 required to be recaptured pursuant to subsection (d) of section 179 of
32 the internal revenue code with respect to property upon which such
33 modification was based.
34 § 5. This act shall take effect immediately and shall apply to taxable
35 years beginning on and after January 1, 2003.
36 PART L3
37 Section 1. Subsection (c) of section 658 of the tax law is amended by
38 adding a new paragraph 4 to read as follows:
39 (4) Estimated tax of nonresident partners, members and shareholders.
40 (A) General. Every entity which is a partnership, subchapter K limited
41 liability company or an S corporation for which the election provided
42 for in subsection (a) of section six hundred sixty of this article is in
43 effect, which has partners, members or shareholders who are nonresident
44 individuals, as defined under subsection (b) of section six hundred five
45 of this article, or C corporations, and which has any income derived
46 from New York sources, determined in accordance with the applicable
47 rules of section six hundred thirty-one of this article as in the case
48 of a nonresident individual, shall pay estimated tax on such income on
49 behalf of such partners, members or shareholders in the manner and at
50 the times prescribed by subsection (c) of section six hundred eighty-
51 five of this article. For purposes of this paragraph, the term "esti-
52 mated tax" shall mean a partner's, member's or shareholder's distribu-
S. 1406--B 596 A. 2106--B
1 tive share or pro rata share of the entity income derived from New York
2 sources, multiplied by the highest rate of tax prescribed by section six
3 hundred one of this article for the taxable year of any partner, member
4 or shareholder who is an individual taxpayer, or paragraph (a) of subdi-
5 vision one of section two hundred ten of this chapter for the taxable
6 year of any partner, member or shareholder which is a C corporation,
7 whether or not such C corporation is subject to tax under article nine,
8 nine-A, thirty-two, or thirty-three of this chapter, and reduced by the
9 distributive share or pro rata share of any credits determined under
10 section one hundred eighty-seven, one hundred eighty-seven-a, six
11 hundred six, fourteen hundred fifty-six or fifteen hundred eleven of
12 this chapter, whichever is applicable, derived from the entity.
13 (B) Treatment of payment. Any payment by the entity under this para-
14 graph with respect to a partner, member or shareholder who is an indi-
15 vidual shall be deemed to be a payment of estimated tax by the partner,
16 member or shareholder pursuant to subsection (c) of section six hundred
17 eighty-five of this article.
18 (C) Additions to tax. (i) If an entity required by this paragraph to
19 pay estimated tax on behalf of a partner, member or shareholder fails to
20 do so, such entity shall pay a penalty of fifty dollars for each such
21 failure for each such partner, member or shareholder, unless it is shown
22 that such failure is due to reasonable cause and not due to willful
23 neglect.
24 (ii) In the case of an underpayment of estimated tax by the entity,
25 there shall be added to the estimated tax required to be paid by the
26 entity under this paragraph, an amount determined pursuant to subsection
27 (c) of section six hundred eighty-five of this article.
28 (D) Exceptions. (i) This paragraph shall not apply with respect to a
29 partner, member or shareholder for whom estimated tax required to be
30 paid under subparagraph (A) of this paragraph for the taxable year of
31 the partner, member or shareholder does not exceed three hundred
32 dollars.
33 (ii) This paragraph shall not apply with respect to any partner,
34 member or shareholder if the entity is authorized by the commissioner to
35 file a group return and such partner, member or shareholder has elected
36 to be included on the group return.
37 (E) Information statements. Every entity required under this paragraph
38 to pay estimated taxes for any of its partners, members or shareholders
39 shall furnish, within thirty days after such estimated tax is paid, to
40 each such partner, member or shareholder a written statement showing the
41 estimated taxes paid by the entity on behalf of such partner, member or
42 shareholder and any other information the commissioner shall prescribe,
43 including any information necessary to identify each partner, member or
44 shareholder on whose behalf the entity has paid estimated taxes. The
45 entity shall provide to the commissioner information necessary to iden-
46 tify the estimated tax paid by the entity for each partner, member or
47 shareholder and information necessary to identify each partner, member
48 or shareholder of the partnership, limited liability company or S corpo-
49 ration, whether or not estimated tax was paid for such partner, member
50 or shareholder by the entity, at such times and in such manner as the
51 commissioner shall prescribe.
52 § 2. Section 197-b of the tax law is amended by adding a new subdivi-
53 sion 11 to read as follows:
54 11. Any amount paid pursuant to paragraph four of subsection (c) of
55 section six hundred fifty-eight of this chapter on behalf of a taxpayer
56 subject to tax under this article shall be applied against the estimated
S. 1406--B 597 A. 2106--B
1 tax of the taxpayer for the taxable year shown on the declaration
2 required to be filed pursuant to section one hundred ninety-seven-a of
3 this article, or if no declaration is filed pursuant to such section,
4 any such amount shall be considered a payment on account of the tax
5 shown on the report required to be filed by the taxpayer for such taxa-
6 ble year.
7 § 3. The opening paragraph of subdivision (d) of section 213-b of the
8 tax law is designated paragraph 1 and a new paragraph 2 is added to read
9 as follows:
10 (2) Any amount paid pursuant to paragraph four of subsection (c) of
11 section six hundred fifty-eight of this chapter on behalf of a taxpayer
12 subject to tax under this article shall be applied against the estimated
13 tax of the taxpayer for the taxable year shown on the declaration
14 required to be filed pursuant to section two hundred thirteen-a of this
15 article, or if no declaration is filed pursuant to such section, any
16 such amount shall be considered a payment on account of the tax on the
17 return required to be filed by the taxpayer for such taxable year.
18 § 4. The opening paragraph of subsection (d) of section 1461 of the
19 tax law is designated paragraph 1 and a new paragraph 2 is added to read
20 as follows:
21 (2) Any amount paid pursuant to paragraph four of subsection (c) of
22 section six hundred fifty-eight of this chapter on behalf of a taxpayer
23 subject to tax under this article shall be applied against the estimated
24 tax of the taxpayer for the taxable year shown on the declaration
25 required to be filed pursuant to section fourteen hundred sixty of this
26 article, or if no declaration is filed pursuant to such section, any
27 such amount shall be considered a payment on account of tax shown on the
28 return required to be filed by the taxpayer for such taxable year.
29 § 5. The opening paragraph of subdivision (d) of section 1514 of the
30 tax law is designated paragraph 1 and a new paragraph 2 is added to read
31 as follows:
32 (2) Any amount paid pursuant to paragraph four of subsection (c) of
33 section six hundred fifty-eight of this chapter on behalf of a taxpayer
34 subject to tax under this article shall be applied against the estimated
35 tax of the taxpayer for the taxable year shown on the declaration
36 required to be filed pursuant to section fifteen hundred thirteen of
37 this article, or if no declaration is filed pursuant to such section,
38 any such amount shall be considered a payment on account of the tax
39 shown on the return required to be filed by the taxpayer for such taxa-
40 ble year.
41 § 6. Section 686 of the tax law is amended by adding a new subsection
42 (i) to read as follows:
43 (i) Overpayment.--In case of an overpayment of tax required to be paid
44 by an entity as an estimated tax under paragraph four of subsection (c)
45 of section six hundred fifty-eight of this article, a refund shall be
46 made to such entity only to the extent that such overpayment is attrib-
47 utable to a partner, member or shareholder for whom the entity is not
48 required to pay such estimated tax.
49 § 7. Any estimated tax payments required to be made by this act prior
50 to September 15, 2003 shall be deemed timely if made by September 15,
51 2003, and no additions to tax or penalty imposed under subparagraph (C)
52 of paragraph four of subsection (c) of section six hundred fifty-eight
53 of the tax law, as added by section one of this act, shall apply with
54 respect to any estimated tax payments required to be made prior to
55 September 15, 2003, provided that the entity required to make such esti-
S. 1406--B 598 A. 2106--B
1 mated tax payments makes any such estimated tax payments by September
2 15, 2003.
3 § 8. This act shall take effect immediately and shall apply to taxable
4 years ending after December 31, 2002.
5 PART M3
6 Section 1. Paragraph a of subdivision twenty-sixth of section 171 of
7 the tax law, as amended by chapter 61 of the laws of 1989, is amended to
8 read as follows:
9 a. Set the overpayment and underpayment rates of interest for purposes
10 of articles twelve-A, eighteen, twenty and twenty-one of this chapter.
11 Such rates shall be the overpayment and underpayment rates of interest
12 set pursuant to subsection (e) of section one thousand ninety-six of
13 this chapter, but the underpayment rate shall not be less than six
14 percent per annum. Any such rates set by such commissioner shall apply
15 to taxes, or any portion thereof, which remain or become due or overpaid
16 (other than overpayments under such article twenty and not including
17 reimbursements, if any, under any of such articles) on or after the date
18 on which such rates become effective and shall apply only with respect
19 to interest computed or computable for periods or portions of periods
20 occurring in the period during which such rates are in effect. In
21 computing the amount of any interest required to be paid under such
22 articles by such commissioner or by the taxpayer, or any other amount
23 determined by reference to such amount of interest, such interest and
24 such amount shall be compounded daily.
25 § 2. Paragraph 1 of subsection (j) of section 697 of the tax law, as
26 amended by section 9 of part R of chapter 85 of the laws of 2002, is
27 amended to read as follows:
28 (1) The commissioner shall set the overpayment and underpayment rates
29 of interest to be paid pursuant to sections six hundred eighty-four, six
30 hundred eighty-five and six hundred eighty-eight, but if no such rates
31 of interest are set, such rates shall be deemed to be set at six percent
32 per annum. Such rates shall be the rates prescribed in paragraphs two
33 and four of this subsection, but the underpayment rate shall not be less
34 than six percent per annum. Any such rates set by the commissioner shall
35 apply to taxes, or any portion thereof, which remain or become due or
36 overpaid on or after the date on which such rates become effective and
37 shall apply only with respect to interest computed or computable for
38 periods or portions of periods occurring in the period during which such
39 rates are in effect.
40 § 3. Paragraph 1 of subsection (e) of section 1096 of the tax law, as
41 amended by chapter 241 of the laws of 1989, is amended to read as
42 follows:
43 (1) Authority to set interest rates.---The commissioner [of taxation
44 and finance] shall set the overpayment and underpayment rates of inter-
45 est to be paid pursuant to sections two hundred thirteen, two hundred
46 thirteen-b, two hundred fifty-eight, two hundred sixty-three, two
47 hundred ninety-four, one thousand eighty-four, one thousand eighty-five,
48 one thousand eighty-eight, fourteen hundred sixty-one and fourteen
49 hundred sixty-three, but if no such rate or rates of interest are set,
50 such rate or rates shall be deemed to be set at six percent per annum.
51 Such overpayment and underpayment rates shall be the rates prescribed in
52 paragraph two of this subsection, but the underpayment rate shall not be
53 less than six percent per annum. Any such rates set by the commissioner
54 shall apply to taxes, or any portion thereof, which remain or become due
S. 1406--B 599 A. 2106--B
1 or overpaid on or after the date on which such rates become effective
2 and shall apply only with respect to interest computed or computable for
3 periods or portions of periods occurring in the period during which such
4 rates are in effect.
5 § 4. Subdivision 9 of section 1142 of the tax law, as amended by chap-
6 ter 61 of the laws of 1989, is amended to read as follows:
7 9. To set the overpayment and underpayment rates of interest for
8 purposes of sections eleven hundred thirty-nine and eleven hundred
9 forty-five. Such rates shall be the overpayment and underpayment rates
10 of interest set pursuant to subsection (e) of section one thousand nine-
11 ty-six of this chapter, but the underpayment rate shall not be less than
12 six percent per annum. Any such rates set by the commissioner [of taxa-
13 tion and finance] shall apply to taxes, or any portion thereof, which
14 remain or become due or overpaid on or after the date on which such
15 rates become effective and shall apply only with respect to interest
16 computed or computable for periods or portions of periods occurring in
17 the period during which such rates are in effect. In computing the
18 amount of any interest required to be paid under this article by the
19 commissioner or by the taxpayer, or any other amount determined by
20 reference to such amount of interest, such interest and such amount
21 shall be compounded daily. The preceding sentence shall not apply for
22 purposes of computing the amount of any interest for failure to pay
23 estimated tax under subparagraph (iv) of paragraph one of subdivision
24 (a) of section one thousand one hundred forty-five of this article.
25 § 5. Paragraph 1 of subdivision (j) of section 11-1797 of the adminis-
26 trative code of the city of New York, as amended by section 37 of part R
27 of chapter 85 of the laws of 2002, is amended to read as follows:
28 (1) Authority to set interest rates. The commissioner of taxation and
29 finance shall set the overpayment and underpayment rates of interest to
30 be paid pursuant to sections 11-1784, 11-1785 and 11-1788, but if no
31 such rates of interest are set, such rates shall be deemed to be set at
32 six percent per annum. Such rates shall be the rates prescribed by para-
33 graphs two and four of this subdivision, but the underpayment rate shall
34 not be less than six percent per annum. Any such rates set by such
35 commissioner shall apply to taxes, or any portion thereof, which remain
36 or become due or overpaid on or after the date on which such rates
37 become effective and shall apply only with respect to interest computed
38 or computable for periods or portions of periods occurring in the period
39 during which such rates are in effect.
40 § 6. This act shall take effect on the first day of the calendar quar-
41 ter which begins at least 60 days after the date this act shall have
42 become a law and shall apply to interest allowable and due on refunds or
43 any other amounts, or any portion thereof, which remain or become over-
44 paid on or after the effective date of this act. Provided, however, that
45 interest rates applicable prior to the effective date of this act will
46 apply up to and including the last day of the quarter before which this
47 act takes effect, to interest allowable or due on refunds or other
48 amounts for which interest rates are set under this act. Provided,
49 further, that any rules or regulations necessary to implement the
50 provisions of this act may be promulgated and any procedures, forms, or
51 instructions necessary for such implementation may be issued on or after
52 the date this act shall have become a law.
53 PART N3
S. 1406--B 600 A. 2106--B
1 Section 1. Section 501 of the abandoned property law is amended by
2 adding a new subdivision 2-a to read as follows:
3 2-a. Notwithstanding any other law to the contrary, any amount, secu-
4 rity or other distribution payable or distributable to a resident as the
5 result of a demutualization or similar reorganization of an insurance
6 company shall be deemed abandoned where, for two successive years:
7 (a) all amounts, securities or other distributions have remained
8 unpaid to or unclaimed by such resident, and
9 (b) no written communication from such resident has been received by
10 the holder.
11 § 2. Subdivision 1 of section 502 of the abandoned property law, as
12 amended by chapter 61 of the laws of 1989, is amended to read as
13 follows:
14 1. In the month of March in each year, and on or before the tenth day
15 thereof, every domestic or foreign corporation or public corporation or
16 fiduciary shall pay or deliver to the state comptroller all property
17 which on the preceding thirty-first day of December was deemed abandoned
18 pursuant to section five hundred one of this article excepting such
19 property as since that date has ceased to be abandoned; provided, howev-
20 er, that any property deemed abandoned pursuant to subdivision two-a of
21 section five hundred one of this article as of December thirty-first,
22 two thousand two shall be paid or delivered to the state comptroller on
23 or before the tenth day of November, two thousand three.
24 § 3. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after December 31, 2002;
26 provided, however, that section two of this act shall expire February
27 29, 2004 when upon such date the provisions of such section shall be
28 deemed repealed.
29 PART O3
30 Section 1. Paragraph (a) of subdivision 9 of section 208 of the tax
31 law is amended by adding a new subparagraph 17 to read as follows:
32 (17) for taxable years beginning after December thirty-first, two
33 thousand two, the amount deductible pursuant to paragraph (o) of this
34 subdivision.
35 § 2. Paragraph (b) of subdivision 9 of section 208 of the tax law is
36 amended by adding a new subparagraph 17 to read as follows:
37 (17) for taxable years beginning after December thirty-first, two
38 thousand two, in the case of qualified property described in paragraph
39 two of subsection k of section 168 of the internal revenue code, other
40 than qualified resurgence zone property described in paragraph (q) of
41 this subdivision, and other than qualified New York Liberty Zone proper-
42 ty described in paragraph two of subsection b of section 1400L of the
43 internal revenue code (without regard to clause (i) of subparagraph (C)
44 of such paragraph), which was placed in service on or after June first,
45 two thousand three, the amount allowable as a deduction under section
46 167 of the internal revenue code.
47 § 3. Subdivision 9 of section 208 of the tax law is amended by adding
48 three new paragraphs (o), (p) and (q) to read as follows:
49 (o) For taxable years beginning after December thirty-first, two thou-
50 sand two, in the case of qualified property described in paragraph two
51 of subsection k of section 168 of the internal revenue code, other than
52 qualified resurgence zone property described in paragraph (q) of this
53 subdivision, and other than qualified New York Liberty Zone property
54 described in paragraph two of subsection b of section 1400L of the
S. 1406--B 601 A. 2106--B
1 internal revenue code (without regard to clause (i) of subparagraph (C)
2 of such paragraph), which was placed in service on or after June first,
3 two thousand three, a taxpayer shall be allowed with respect to such
4 property the depreciation deduction allowable under section 167 of the
5 internal revenue code as such section would have applied to such proper-
6 ty had it been acquired by the taxpayer on September tenth, two thousand
7 one.
8 (p) For taxable years beginning after December thirty-first, two thou-
9 sand two, upon the disposition of property to which paragraph (o) of
10 this subdivision applies, the amount of any gain or loss includible in
11 entire net income shall be adjusted to reflect the inclusions and exclu-
12 sions from entire net income pursuant to subparagraph seventeen of para-
13 graph (a) and subparagraph seventeen of paragraph (b) of this subdivi-
14 sion attributable to such property.
15 (q) For purposes of paragraphs (o) and (p) of this subdivision, quali-
16 fied resurgence zone property shall mean qualified property described in
17 paragraph two of subsection k of section 168 of the internal revenue
18 code substantially all of the use of which is in the resurgence zone, as
19 defined below, and is in the active conduct of a trade or business by
20 the taxpayer in such zone, and the original use of which in the resur-
21 gence zone commences with the taxpayer after December thirty-first, two
22 thousand two. The resurgence zone shall mean the area of New York county
23 bounded on the south by a line running from the intersection of the
24 Hudson River with the Holland Tunnel, and running thence east to Canal
25 Street, then running along the centerline of Canal Street to the inter-
26 section of the Bowery and Canal Street, running thence in a southeaster-
27 ly direction diagonally across Manhattan Bridge Plaza, to the Manhattan
28 Bridge and thence along the centerline of the Manhattan Bridge to the
29 point where the centerline of the Manhattan Bridge would intersect with
30 the easterly bank of the East River, and bounded on the north by a line
31 running from the intersection of the Hudson River with the Holland
32 Tunnel and running thence north along West Avenue to the intersection of
33 Clarkson Street then running east along the centerline of Clarkson
34 Street to the intersection of Washington Avenue, then running south
35 along the centerline of Washington Avenue to the intersection of West
36 Houston Street, then east along the centerline of West Houston Street,
37 then at the intersection of the Avenue of the Americas continuing east
38 along the centerline of East Houston Street to the easterly bank of the
39 East River.
40 § 4. Subsection (b) of section 612 of the tax law is amended by
41 adding a new paragraph 8 to read as follows:
42 (8) for taxable years beginning after December thirty-first, two thou-
43 sand two, the amount deductible pursuant to subsection (k) of this
44 section.
45 § 5. Subsection (c) of section 612 of the tax law is amended by adding
46 a new paragraph 16 to read as follows:
47 (16) for taxable years beginning after December thirty-first, two
48 thousand two, in the case of qualified property described in paragraph
49 two of subsection k of section 168 of the internal revenue code, other
50 than qualified resurgence zone property described in subsection (m) of
51 this section, and other than qualified New York Liberty Zone property
52 described in paragraph two of subsection b of section 1400L of the
53 internal revenue code (without regard to clause (i) of subparagraph (C)
54 of such paragraph), which was placed in service on or after June first,
55 two thousand three, the amount allowable as a deduction under section
56 167 of the internal revenue code.
S. 1406--B 602 A. 2106--B
1 § 6. Section 612 of the tax law is amended by adding three new
2 subsections (k), (l) and (m) to read as follows:
3 (k) For taxable years beginning after December thirty-first, two thou-
4 sand two, in the case of qualified property described in paragraph two
5 of subsection k of section 168 of the internal revenue code, other than
6 qualified resurgence zone property described in subsection (m) of this
7 section, and other than qualified New York Liberty Zone property
8 described in paragraph two of subsection b of section 1400L of the
9 internal revenue code (without regard to clause (i) of subparagraph (C)
10 of such paragraph), which was placed in service on or after June first,
11 two thousand three, a taxpayer shall be allowed with respect to such
12 property the depreciation deduction allowable under section 167 of the
13 internal revenue code as such section would have applied to such proper-
14 ty had it been acquired by the taxpayer on September tenth, two thousand
15 one.
16 (l) For taxable years beginning after December thirty-first, two thou-
17 sand two, upon the disposition of property to which subsection (k) of
18 this section applies, the amount of any gain or loss includible in
19 entire net income shall be adjusted to reflect the inclusions and exclu-
20 sions from entire net income pursuant to paragraph eight of subsection
21 (b) and paragraph sixteen of subsection (c) of this section attributable
22 to such property.
23 (m) For purposes of subsections (k) and (l) of this section, qualified
24 resurgence zone property shall mean qualified property described in
25 paragraph two of subsection k of section 168 of the internal revenue
26 code substantially all of the use of which is in the resurgence zone, as
27 defined below, and is in the active conduct of a trade or business by
28 the taxpayer in such zone, and the original use of which in the resur-
29 gence zone commences with the taxpayer after December thirty-first, two
30 thousand two. The resurgence zone shall mean the area of New York county
31 bounded on the south by a line running from the intersection of the
32 Hudson River with the Holland Tunnel, and running thence east to Canal
33 Street, then running along the centerline of Canal Street to the inter-
34 section of the Bowery and Canal Street, running thence in a southeaster-
35 ly direction diagonally across Manhattan Bridge Plaza, to the Manhattan
36 Bridge and thence along the centerline of the Manhattan Bridge to the
37 point where the centerline of the Manhattan Bridge would intersect with
38 the easterly bank of the East River, and bounded on the north by a line
39 running from the intersection of the Hudson River with the Holland
40 Tunnel and running thence north along West Avenue to the intersection of
41 Clarkson Street then running east along the centerline of Clarkson
42 Street to the intersection of Washington Avenue, then running south
43 along the centerline of Washington Avenue to the intersection of West
44 Houston Street, then east along the centerline of West Houston Street,
45 then at the intersection of the Avenue of the Americas continuing east
46 along the centerline of East Houston Street to the easterly bank of the
47 East River.
48 § 7. Subsection (e) of section 1453 of the tax law is amended by
49 adding a new paragraph 17 to read as follows:
50 (17) for taxable years beginning after December thirty-first, two
51 thousand two, the amount deductible pursuant to subsection (r) of this
52 section.
53 § 8. Subsection (b) of section 1453 of the tax law is amended by
54 adding a new paragraph 13 to read as follows:
55 (13) for taxable years beginning after December thirty-first, two
56 thousand two, in the case of qualified property described in paragraph
S. 1406--B 603 A. 2106--B
1 two of subsection k of section 168 of the internal revenue code, other
2 than qualified resurgence zone property described in subsection (t) of
3 this section, and other than qualified New York Liberty Zone property
4 described in paragraph two of subsection b of section 1400L of the
5 internal revenue code (without regard to clause (i) of subparagraph (C)
6 of such paragraph), which was placed in service on or after June first,
7 two thousand three, the amount allowable as a deduction under section
8 167 of the internal revenue code.
9 § 9. Section 1453 of the tax law is amended by adding three new
10 subsections (r), (s) and (t) to read as follows:
11 (r) For taxable years beginning after December thirty-first, two thou-
12 sand two, in the case of qualified property described in paragraph two
13 of subsection k of section 168 of the internal revenue code, other than
14 qualified resurgence zone property described in subsection (t) of this
15 section, and other than qualified New York Liberty Zone property
16 described in paragraph two of subsection b of section 1400L of the
17 internal revenue code (without regard to clause (i) of subparagraph (C)
18 of such paragraph), which was placed in service on or after June first,
19 two thouand three, a taxpayer shall be allowed with respect to such
20 property the depreciation deduction allowable under section 167 of the
21 internal revenue code as such section would have applied to such proper-
22 ty had it been acquired by the taxpayer on September tenth, two thousand
23 one.
24 (s) For taxable years beginning after December thirty-first, two thou-
25 sand two, upon the disposition of property to which subsection (r) of
26 this section applies, the amount of any gain or loss includible in
27 entire net income shall be adjusted to reflect the inclusions and exclu-
28 sions from entire net income pursuant to paragraph seventeen of
29 subsection (e) and paragraph thirteen of subsection (b) of this section
30 attributable to such property.
31 (t) For purposes of subsections (r) and (s) of this section, qualified
32 resurgence zone property shall mean qualified property described in
33 paragraph two of subsection k of section 168 of the internal revenue
34 code substantially all of the use of which is in the resurgence zone, as
35 defined below, and is in the active conduct of a trade or business by
36 the taxpayer in such zone, and the original use of which in the resur-
37 gence zone commences with the taxpayer after December thirty-first, two
38 thousand two. The resurgence zone shall mean the area of New York county
39 bounded on the south by a line running from the intersection of the
40 Hudson River with the Holland Tunnel, and running thence east to Canal
41 Street, then running along the centerline of Canal Street to the inter-
42 section of the Bowery and Canal Street, running thence in a southeaster-
43 ly direction diagonally across Manhattan Bridge Plaza, to the Manhattan
44 Bridge and thence along the centerline of the Manhattan Bridge to the
45 point where the centerline of the Manhattan Bridge would intersect with
46 the easterly bank of the East River, and bounded on the north by a line
47 running from the intersection of the Hudson River with the Holland
48 Tunnel and running thence north along West Avenue to the intersection of
49 Clarkson Street then running east along the centerline of Clarkson
50 Street to the intersection of Washington Avenue, then running south
51 along the centerline of Washington Avenue to the intersection of West
52 Houston Street, then east along the centerline of West Houston Street,
53 then at the intersection of the Avenue of the Americas continuing east
54 along the centerline of East Houston Street to the easterly bank of the
55 East River.
S. 1406--B 604 A. 2106--B
1 § 10. Paragraph 1 of subdivision (b) of section 1503 of the tax law is
2 amended by adding a new subparagraph (R) to read as follows:
3 (R) for taxable years beginning after December thirty-first, two thou-
4 sand two, the amount deductible pursuant to paragraph fourteen of this
5 subdivision.
6 § 11. Paragraph 2 of subdivision (b) of section 1503 of the tax law is
7 amended by adding a new subparagraph (T) to read as follows:
8 (T) for taxable years beginning after December thirty-first, two thou-
9 sand two, in the case of qualified property described in paragraph two
10 of subsection k of section 168 of the internal revenue code, other than
11 qualified resurgence zone property described in paragraph sixteen of
12 this subdivision, and other than qualified New York Liberty Zone proper-
13 ty described in paragraph two of subsection b of section 1400L of the
14 internal revenue code (without regard to clause (i) of subparagraph (C)
15 of such paragraph), which was placed in service on or after June first,
16 two thousand three, the amount allowable as a deduction under section
17 167 of the internal revenue code.
18 § 12. Subdivision (b) of section 1503 of the tax law is amended by
19 adding three new paragraphs 14, 15 and 16 to read as follows:
20 (14) For taxable years beginning after December thirty-first, two
21 thousand two, in the case of qualified property described in paragraph
22 two of subsection k of section 168 of the internal revenue code, other
23 than qualified resurgence zone property described in paragraph sixteen
24 of this subdivision, and other than qualified New York Liberty Zone
25 property described in paragraph two of subsection b of section 1400L of
26 the internal revenue code (without regard to clause (i) of subparagraph
27 (C) of such paragraph), which was placed in service on or after June
28 first, two thousand three, a taxpayer shall be allowed with respect to
29 such property the depreciation deduction allowable under section 167 of
30 the internal revenue code as such section would have applied to such
31 property had it been acquired by the taxpayer on September tenth, two
32 thousand one.
33 (15) For taxable years beginning after December thirty-first, two
34 thousand two, upon the disposition of property to which paragraph four-
35 teen of this subdivision applies, the amount of any gain or loss inclu-
36 dible in entire net income shall be adjusted to reflect the inclusions
37 and exclusions from entire net income pursuant to subparagraph (R) of
38 paragraph one and subparagraph (T) of paragraph two of this subdivision
39 attributable to such property.
40 (16) For purposes of paragraphs fourteen and fifteen of this subdivi-
41 sion, qualified resurgence zone property shall mean qualified property
42 described in paragraph two of subsection k of section 168 of the inter-
43 nal revenue code substantially all of the use of which is in the resur-
44 gence zone, as defined below, and is in the active conduct of a trade or
45 business by the taxpayer in such zone, and the original use of which in
46 the resurgence zone commences with the taxpayer after December thirty-
47 first, two thousand two. The resurgence zone shall mean the area of New
48 York county bounded on the south by a line running from the intersection
49 of the Hudson River with the Holland Tunnel, and running thence east to
50 Canal Street, then running along the centerline of Canal Street to the
51 intersection of the Bowery and Canal Street, running thence in a south-
52 easterly direction diagonally across Manhattan Bridge Plaza, to the
53 Manhattan Bridge and thence along the centerline of the Manhattan Bridge
54 to the point where the centerline of the Manhattan Bridge would inter-
55 sect with the easterly bank of the East River, and bounded on the north
56 by a line running from the intersection of the Hudson River with the
S. 1406--B 605 A. 2106--B
1 Holland Tunnel and running thence north along West Avenue to the inter-
2 section of Clarkson Street then running east along the centerline of
3 Clarkson Street to the intersection of Washington Avenue, then running
4 south along the centerline of Washington Avenue to the intersection of
5 West Houston Street, then east along the centerline of West Houston
6 Street, then at the intersection of the Avenue of the Americas continu-
7 ing east along the centerline of East Houston Street to the easterly
8 bank of the East River.
9 § 13. This act shall take effect immediately and shall apply to taxa-
10 ble years on or after January 1, 2003.
11 PART P3
12 (Intentionally omitted)
13 PART Q3
14 Section 1. Subdivision (h) of section 1111 of the tax law, as added by
15 chapter 61 of the laws of 1989, is amended to read as follows:
16 (h) Receipts subject to tax under subdivision (a) of section eleven
17 hundred five on retail sales of cigarettes and tobacco products and
18 consideration given or contracted to be given for cigarettes and tobacco
19 products the uses of which are subject to tax under section eleven
20 hundred ten shall be deemed to include any tax imposed on cigarettes and
21 tobacco products by article twenty of this chapter and any tax imposed
22 on cigarettes by chapter thirteen of title eleven of the administrative
23 code of the city of New York.
24 § 2. This act shall take effect September 1, 2003 and shall apply in
25 accordance with the applicable provisions of sections 1106 and 1217 of
26 the tax law.
27 PART R3
28 Section 1. Notwithstanding any provision of law, rule or regulation
29 to the contrary, the commissioner of taxation and finance shall insert
30 new lines in such personal income tax forms and other tax forms as the
31 commissioner deems appropriate to report unpaid compensating use tax
32 imposed pursuant to articles 28 and 29 of the tax law. Further, the
33 commissioner shall take other steps necessary to inform taxpayers of
34 their legal requirements to remit such compensating use taxes when they
35 make purchases outside the state whether in person or by remote means
36 such as the Internet, mail-order and catalog sales. Such steps shall
37 include widely disseminating to taxpayers examples of taxable items and
38 a listing of use tax rates by local jurisdiction.
39 § 2. This act shall take effect immediately.
40 PART S3
41 Section 1. The tax law is amended by adding a new article 28-B to read
42 as follows:
43 ARTICLE 28-B
44 SIMPLIFIED SALES AND USE TAX
45 ADMINISTRATION
46 Section 1170. Short title.
47 1171. Definitions.
48 1172. Legislative finding.
S. 1406--B 606 A. 2106--B
1 1173. Authority to enter agreement.
2 1174. Relationship to state law.
3 1175. Agreement requirements.
4 1176. Cooperating sovereigns.
5 1177. Limited binding and beneficial effect.
6 1178. Seller and third party liability.
7 § 1170. Short title. This article shall be known and may be cited as
8 the "simplified sales and use tax administration act".
9 § 1171. Definitions. As used in this article:
10 (a) "Agreement" means the streamlined sales and use tax agreement.
11 (b) "Certified automated system" means software certified jointly by
12 the states that are signatories to the agreement to calculate the tax
13 imposed by each jurisdiction on a transaction, determine the amount of
14 tax to remit to the appropriate state, and maintain a record of the
15 transaction.
16 (c) "Certified service provider" means an agent certified jointly by
17 the states that are signatories to the agreement to perform all of the
18 seller's sales tax functions.
19 (d) "Department" means the New York state department of taxation and
20 finance.
21 (e) "Person" shall have the same meaning as ascribed to such term by
22 subdivision (a) of section eleven hundred one of this chapter.
23 (f) "Sales tax" means the sales tax imposed pursuant to section eleven
24 hundred five of this chapter.
25 (g) "Seller" means any person making sales, leases, or rentals of
26 personal property or services.
27 (h) "State" means any state of the United States and the District of
28 Columbia.
29 (i) "Use tax" means the compensating use tax imposed pursuant to
30 section eleven hundred ten of this chapter.
31 § 1172. Legislative finding. The legislature finds that a simplified
32 sales and use tax system will reduce and over time eliminate the burden
33 and cost for all vendors to collect New York state's sales and use tax.
34 The legislature further finds that New York state should enter into an
35 agreement with one or more states to simplify and modernize sales and
36 use tax administration in order to substantially reduce the burden of
37 tax compliance for all sellers and for all types of commerce.
38 § 1173. Authority to enter agreement. (a) The department is authorized
39 and directed to enter into the streamlined sales and use tax agreement
40 with one or more states to simplify and modernize sales and use tax
41 administration in order to substantially reduce the burden of tax
42 compliance for all sellers and for all types of commerce. In furtherance
43 of the agreement, the department is authorized to act jointly with other
44 states that are members of the agreement to establish standards for
45 certification of a certified service provider and certified automated
46 system and establish performance standards for multistate sellers.
47 (b) The department is further authorized to take other actions reason-
48 ably required to implement the provisions set forth in this article.
49 Other actions authorized by this section include, but are not limited
50 to, the adoption of rules and regulations and the joint procurement,
51 with other member states, of goods and services in furtherance of the
52 cooperative agreement.
53 (c) New York state shall be represented by four delegates, one of whom
54 shall be appointed by the temporary president of the senate, one of whom
55 shall be appointed by the speaker of the assembly, one of whom shall be
56 appointed by the governor and one of whom shall be the commissioner or
S. 1406--B 607 A. 2106--B
1 his or her designee. Such delegates shall be authorized to represent New
2 York state before the other states that are signatories to the agree-
3 ment.
4 § 1174. Relationship to state law. No provision of the agreement
5 authorized by this article in whole or part invalidates or amends any
6 provision of the law of New York state. Adoption of the agreement by New
7 York state does not amend or modify any law of New York state. Implemen-
8 tation of any condition of the agreement in New York state, whether
9 adopted before, at, or after membership of New York state in the agree-
10 ment, shall be exclusively done by a separate act or acts of the legis-
11 lature.
12 § 1175. Agreement requirements. The department shall not enter into
13 the streamlined sales and use tax agreement unless the agreement
14 requires each state to abide by the following requirements:
15 (a) The agreement must set restrictions to limit over time the number
16 of state rates.
17 (b) The agreement must establish uniform standards for the following:
18 (1) The sourcing of transactions to taxing jurisdictions.
19 (2) The administration of exempt sales.
20 (3) Sales and use tax returns and remittances.
21 (c) The agreement must require states to develop and adopt uniform
22 definitions of sales and use tax terms. The definitions must enable a
23 state to preserve its ability to make policy choices not inconsistent
24 with the uniform definitions.
25 (d) The agreement must provide a central, electronic registration
26 system that allows a seller to register to collect and remit sales and
27 use taxes for all signatory states.
28 (e) The agreement must provide that registration with the central
29 registration system and the collection of sales and use taxes in the
30 signatory states will not be used as a factor in determining whether the
31 seller has nexus with a state for any tax.
32 (f) The agreement must provide for reduction of the burdens of comply-
33 ing with local sales and use taxes through the following:
34 (1) Restricting variances between the state and local tax bases.
35 (2) Requiring states to administer any sales and use taxes levied by
36 local jurisdictions within the state so that sellers collecting and
37 remitting these taxes will not have to register or file returns with,
38 remit funds to, or be subject to independent audits from local taxing
39 jurisdictions.
40 (3) Restricting the frequency of changes in the local sales and use
41 tax rates and setting effective dates for the application of local
42 jurisdictional boundary changes to local sales and use taxes.
43 (4) Providing notice of changes in local sales and use tax rates and
44 of changes in the boundaries of local taxing jurisdictions.
45 (g) The agreement must outline any monetary allowances that are to be
46 provided by the states to sellers or certified service providers.
47 (h) The agreement must require each state to certify compliance with
48 the terms of the agreement prior to joining and to maintain compliance,
49 under the laws of the member state, with all provisions of the agreement
50 while a member.
51 (i) The agreement must require each state to adopt a uniform policy
52 for certified service providers that protects the privacy of consumers
53 and maintains the confidentiality of tax information.
54 (j) The agreement must provide for the appointment of an advisory
55 council of private sector representatives and an advisory council of
S. 1406--B 608 A. 2106--B
1 non-member state representatives to consult with in the administration
2 of the agreement.
3 § 1176. Cooperating sovereigns. The agreement authorized by this arti-
4 cle is an accord among individual cooperating sovereigns in furtherance
5 of their governmental functions. The agreement provides a mechanism
6 among the member states to establish and maintain a cooperative, simpli-
7 fied system for the application and administration of sales and use
8 taxes under the duly adopted law of each member state.
9 § 1177. Limited binding and beneficial effect. (a) The agreement
10 authorized by this article binds and inures only to the benefit of New
11 York state and the other member states. No person, other than a member
12 state, is an intended beneficiary of the agreement. Any benefit to a
13 person other than a state is established by the laws of New York state
14 and the other member states and not by the terms of the agreement.
15 (b) Consistent with subdivision (a) of this section, no person shall
16 have any cause of action or defense under the agreement or by virtue of
17 New York state's approval of the agreement. No person may challenge, in
18 any action brought under any provision of law, any action or inaction by
19 any department, agency, or other instrumentality of New York state, or
20 any political subdivision of New York state on the ground that the
21 action or inaction is inconsistent with the agreement.
22 (c) No law of New York state, or the application thereof, may be
23 declared invalid as to any person or circumstance on the ground that the
24 provision or application is inconsistent with the agreement.
25 § 1178. Seller and third party liability. (a) (1) A certified service
26 provider is the agent of a seller, with whom the certified service
27 provider has contracted, for the collection and remittance of sales and
28 use taxes. As the seller's agent, the certified service provider is
29 liable for sales and use tax due each member state on all sales trans-
30 actions it processes for the seller except as set out in this section.
31 (2) A seller that contracts with a certified service provider is not
32 liable to the state for sales or use tax due on transactions processed
33 by the certified service provider unless the seller misrepresented the
34 type of items it sells or committed fraud. In the absence of probable
35 cause to believe that the seller has committed fraud or made a material
36 misrepresentation, the seller is not subject to audit on the trans-
37 actions processed by the certified service provider. A seller is
38 subject to audit for transactions not processed by the certified service
39 provider. The member states acting jointly may perform a system check of
40 the seller and review the seller's procedures to determine if the certi-
41 fied service provider's system is functioning properly and the extent to
42 which the seller's transactions are being processed by the certified
43 service provider.
44 (b) A person that provides a certified automated system is responsible
45 for the proper functioning of that system and is liable to the state for
46 underpayments of tax attributable to errors in the functioning of the
47 certified automated system. A seller that uses a certified automated
48 system remains responsible and is liable to the state for reporting and
49 remitting tax.
50 (c) A seller that has a proprietary system for determining the amount
51 of tax due on transactions and has signed an agreement establishing a
52 performance standard for that system is liable for the failure of the
53 system to meet the performance standard.
54 § 2. This act shall take effect immediately, provided that section
55 1178 of the tax law, as added by section one of this act, shall take
56 effect on the same date as a chapter of the laws which implements the
S. 1406--B 609 A. 2106--B
1 provisions of the agreement the department of taxation and finance is
2 authorized to enter into pursuant to section 1173 of the tax law, as
3 added by section one of this act.
4 PART T3
5 Section 1. The tax law is amended by adding a new section 1112 to read
6 as follows:
7 § 1112. Taxes imposed on native American nation or tribe lands. Where
8 a non-native American person purchases, for such person's own consump-
9 tion, any retail sale item on native American nation or tribe land
10 recognized by the federal government and reservation land recognized as
11 such by the state of New York, the commissioner shall promulgate rules
12 and regulations necessary to implement the collection of sales and use
13 taxes on such retail sale items.
14 § 2. The tax law is amended by adding a new section 284-e to read as
15 follows:
16 § 284-e. Taxes imposed on native American nation or tribe lands. Where
17 a non-native American person purchases, for such person's own consump-
18 tion, any motor fuel on or originating from native American nation or
19 tribe land recognized by the federal government and reservation land
20 recognized as such by the state of New York, the commissioner shall
21 promulgate rules and regulations necessary to implement the collection
22 of sales and use taxes on such motor fuel.
23 § 3. Section 301-a of the tax law is amended by adding a new subdivi-
24 sion (1) to read as follows:
25 (1) Taxes imposed on native American nation or tribe lands. Where a
26 non-native American person purchases, for such person's own consumption,
27 any diesel motor fuel on or originating from native American nation or
28 tribe land recognized by the federal government and reservation land
29 recognized as such by the state of New York, the commissioner shall
30 promulgate rules and regulations necessary to implement the collection
31 of sales and use taxes on such diesel motor fuel.
32 § 4. The tax law is amended by adding a new section 471-e to read as
33 follows:
34 § 471-e. Taxes imposed on native American nation or tribe lands.
35 Where a non-native American person purchases, for such person's own
36 consumption, any cigarettes or other tobacco products on or originating
37 from native American nation or tribe land recognized by the federal
38 government and reservation land recognized as such by the state of New
39 York, the commissioner shall promulgate rules and regulations necessary
40 to implement the collection of sales and use taxes on such cigarettes or
41 other tobacco products.
42 § 5. Section 1210 of the tax law is amended by adding a new subdivi-
43 sion (m) to read as follows:
44 (m) Taxes imposed on native American nation or tribe lands. Where a
45 non-native American person purchases, for such person's own consumption,
46 any retail sale item on native American nation or tribe land recognized
47 by the federal government and reservation land recognized as such by the
48 state of New York, the commissioner shall promulgate rules and regu-
49 lations necessary to implement the collection of sales and use taxes on
50 such retail sale items.
51 § 6. This act shall take effect immediately; provided, however, that
52 the addition, amendment and/or repeal of any rule or regulation neces-
53 sary for the implementation of this act on its effective date are
54 authorized and directed to be made and completed on or before the one
S. 1406--B 610 A. 2106--B
1 hundred twentieth day after it shall have become a law; provided
2 further, however, that this act shall first apply to the first tax peri-
3 od of the taxes imposed or amended by this act that commence on or after
4 the one hundred twentieth day after it shall have become a law and to
5 all tax periods thereafter.
6 PART U3
7 Section 1. Subdivision 9 of section 208 of the tax law is amended by
8 adding a new paragraph (o) to read as follows:
9 (o) Related members expense and income exclusions and add backs. (1)
10 Definitions. (A) Related member or members. For purposes of this para-
11 graph, the term related member or members means any person or entity,
12 including limited liability partnerships, defined in subdivisions one,
13 one-A, one-B, two and three of this section, whether such person or
14 entity is a taxpayer or not, or any other plan or arrangement, including
15 investment plans, where one entity, or set of related entities, has a
16 controlling interest in another entity. Such entity or entities may
17 include all taxpayers under articles nine, nine-A, thirteen, twenty-two,
18 thirty-two, thirty-three or thirty-three-A of this chapter.
19 (B) Controlling interest. A controlling interest shall mean any form
20 of at least thirty percent of the combined voting power or thirty
21 percent of the capital, profits, or intangible assets of direct or indi-
22 rect ownership of a related member.
23 (C) Royalty payments. Royalty payments are payments, including royalty
24 and copyright fees, directly connected to the use of licenses, trade-
25 marks, copyrights, trade names, trade dress, service marks, mask works,
26 trade secrets and any other similar types of intangible assets that the
27 commissioner determines qualify as royalty payments.
28 (D) Interest payments. Interest payments are expenses allowed as
29 deductions under section 163 of the Internal Revenue Code for the
30 purpose or purposes of determining federal taxable income.
31 (E) Valid Business Purpose. A valid business is one not motivated
32 primarily by the avoidance of the payment of a tax or taxes and exists
33 when a transaction changes in a meaningful way, apart from tax effects,
34 the economic position of the taxpayer, including, but not limited to,
35 increasing the market share of the taxpayer or the entry by the taxpayer
36 into new business markets. A rebuttable presumption shall arise that a
37 transaction was entered into primarily for the tax avoidance reasons if
38 the majority of the tax deductions generated by the transaction to the
39 taxpayer are not reportable as income to the state by other taxpayers.
40 (2) Royalty expense add backs. (A) For the purpose of computing its
41 entire net income or other applicable taxable basis, a taxpayer must add
42 back royalty payments to a related member during the taxable year to the
43 extent deducted in calculating its federal taxable income.
44 (B) The add back of royalty payments shall not be required if such
45 payments meet either of the following conditions:
46 (i) the related member during the same taxable year directly or indi-
47 rectly paid, received, accrued or incurred the amount to or from a
48 person who is not a related member, and such transaction was done prima-
49 rily for a valid business purpose other than the avoidance of the
50 payment of a tax or taxes that would otherwise be due under this chap-
51 ter.
52 (ii) the transactions giving rise to the royalty payment between a
53 taxpayer and a related member are made pursuant to a contract that
54 reflects an arm's length rate of interest and terms and are done prima-
S. 1406--B 611 A. 2106--B
1 rily for a valid business purpose other than the avoidance of the
2 payment of a tax or taxes that would otherwise be due under this chap-
3 ter. A valid business purpose for this subsection shall include, but not
4 be limited to, activity designed to foster the legislative intent behind
5 sections eleven, twelve, thirteen, fourteen, fifteen, sixteen, eighteen,
6 nineteen and twenty of this chapter.
7 (3) Royalty income exclusions. (A) For the purpose of computing its
8 entire net income or other taxable basis, a taxpayer must subtract
9 royalty payments directly or indirectly received from a related member
10 during its taxable year to the extent included in calculating the
11 taxpayer's federal taxable income unless such royalty payments would not
12 be required to be added back under subparagraph two of this paragraph.
13 (B) In no event shall the combined tax paid by the taxpayer and its
14 related member or members resulting from add backs pursuant to clause
15 (A) of this subparagraph exceed the tax that would have been paid by the
16 taxpayer if no royalty payments had been made from a related member or
17 members to the taxpayer.
18 (4) Interest expense add backs. (A) For the purpose of computing its
19 entire net income or other taxable basis, a taxpayer must add back
20 interest payments made to a related member during its taxable year to
21 the extent deducted in calculating federal taxable income.
22 (B) The add back of interest payments is not required for payments
23 that directly or indirectly meets the following condition:
24 The transaction giving rise to the interest payments between the
25 taxpayer and related member was done for a valid business purpose other
26 than the avoidance of the payment of a tax or taxes due under this chap-
27 ter and meets any of the following:
28 (a) the related member uses funds which are borrowed from a party
29 other than a related member or which are charged or passed-through to a
30 person who is not a related member to finance the indebtedness between a
31 taxpayer and a related member at an arm's length rate of interest and
32 terms;
33 (b) the debt is part of a regular and systematic funds management or
34 portfolio investment activity conducted by the related member, whereby
35 the funds of two or more related members are aggregated for the purpose
36 of achieving economies of scale, the internal financing of the active
37 business operations of members, or the benefit of centralized management
38 of funds. Such regular and systematic funds management or investment
39 activity shall include, but not be limited to, achieving the legislative
40 intent behind sections eleven, twelve, thirteen, fourteen, fifteen,
41 sixteen, eighteen, nineteen and twenty of this chapter. Any interest
42 payments made pursuant to a contract that services such funds management
43 or investment activity must reflect an arm's length rate of interest and
44 terms.
45 (5) Interest income exclusion. (A) For the purpose of computing its
46 entire net income or other taxable basis, a taxpayer must subtract
47 interest payments directly or indirectly received from a related member
48 during its taxable year to the extent included in calculating the
49 taxpayer's federal taxable income unless such interest payments would
50 not be required to be added back under subparagraph four of this para-
51 graph.
52 (B) In no event shall the combined tax paid by the taxpayer and its
53 related member or members resulting from add backs pursuant to clause
54 (A) of this subparagraph exceed the tax that would have been paid by the
55 taxpayer if no interest payments had been made from a related member or
56 members to the taxpayer.
S. 1406--B 612 A. 2106--B
1 (6) Limited liability attribution for business trusts. Notwithstanding
2 any law or regulation to the contrary, any membership interest a busi-
3 ness trust holds, as such trust is defined in section one hundred eight-
4 y-one of this chapter, in a limited liability company or limited liabil-
5 ity partnership must be attributed to the owners of the beneficial
6 interests in such trust, according to their interests in the trust, and
7 the trust itself shall be disregarded as a separate entity.
8 § 2. Section 612 of the tax law is amended by adding a new subsection
9 (r) to read as follows:
10 (r) To determine related members expense and income exclusions and add
11 backs refer to paragraph (o) of subdivision nine of section two hundred
12 eight of this chapter.
13 § 3. Section 1453 of the tax law is amended by adding a new subsection
14 (r) to read as follows:
15 (r) To determine related members expense and income exclusions and add
16 backs refer to paragraph (o) of subdivision nine of section two hundred
17 eight of this chapter.
18 § 4. Subdivision (b) of section 1503 of the tax law is amended by
19 adding a new paragraph 14 to read as follows:
20 (14) To determine related members expense and income exclusions and
21 add backs refer to paragraph (o) of subdivision nine of section two
22 hundred eight of this chapter.
23 § 5. Subdivision (a) of section 292 of the tax law is amended by
24 adding a new paragraph 6 to read as follows:
25 (6) To determine related members expense and income exclusions and add
26 backs refer to paragraph (o) of subdivision nine of section two hundred
27 eight of this chapter.
28 § 6. Section 182 of the tax law is amended by adding a new subdivision
29 13 to read as follows:
30 13. To determine related members expense and income exclusions and
31 add backs refer to paragraph (o) of subdivision nine of section two
32 hundred eight of this chapter.
33 § 7. Section 182-a of the tax law is amended by adding a new subdivi-
34 sion 12 to read as follows:
35 12. To determine related members expense and income exclusions and
36 add backs refer to paragraph (o) of subdivision nine of section two
37 hundred eight of this chapter.
38 § 8. Section 183 of the tax law is amended by adding a new subdivision
39 11 to read as follows:
40 11. To determine related members expense and income exclusions and
41 add backs refer to paragraph (o) of subdivision nine of section two
42 hundred eight of this chapter.
43 § 9. Section 184 of the tax law is amended by adding a new subdivision
44 8 to read as follows:
45 8. To determine related members expense and income exclusions and add
46 backs refer to paragraph (o) of subdivision nine of section two hundred
47 eight of this chapter.
48 § 10. Section 186-a of the tax law is amended by adding a new subdivi-
49 sion 11 to read as follows:
50 11. To determine related members expense and income exclusions and
51 add backs refer to paragraph (o) of subdivision nine of section two
52 hundred eight of this chapter.
53 § 11. Section 186-e of the tax law is amended by adding a new subdivi-
54 sion 9 to read as follows:
S. 1406--B 613 A. 2106--B
1 9. To determine related members expense and income exclusions and add
2 backs refer to paragraph (o) of subdivision nine of section two hundred
3 eight of this chapter.
4 § 12. This act shall take effect immediately and shall apply to taxa-
5 ble years beginning on and after January 1, 2003.
6 PART V3
7 Section 1. The tax law is amended by adding a new section 663 to read
8 as follows:
9 § 663. Estimated tax on sale or transfer of real property by nonresi-
10 dent. (a) Upon the sale of real property within the state by a nonresi-
11 dent taxpayer, the nonresident shall estimate the personal income tax
12 liability on the gain, if any, from such sale or transfer.
13 (b) Such estimation shall be done upon a form prescribed by the
14 commissioner, utilizing an estimated tax rate equal to the highest rate
15 of tax for the taxable year set forth in section six hundred one of this
16 article.
17 (c) The estimated form shall be filed with the commissioner as he or
18 she shall prescribe along with payment of any estimated tax so calcu-
19 lated. The commissioner shall, in a timely manner, provide certif-
20 ication of receipt of the filing and of any such payment due to the
21 taxpayer.
22 (d) This section shall not apply where:
23 (1) The real property being sold or transferred is a principal resi-
24 dence of the seller or transferor within the meaning of section 1034 of
25 the Internal Revenue Code;
26 (2) The seller or transferor is a mortgagor conveying the mortgaged
27 property to a mortgagee in foreclosure or in a transfer in lieu of fore-
28 closure with no additional consideration; or
29 (3) The transferor or transferee is an agency or authority of the
30 United States of America, an agency or authority of the state of New
31 York, the Federal National Mortgage Association, the Federal Home Loan
32 Mortgage Corporation, or the Government National Mortgage Association,
33 or a private mortgage insurance company.
34 (e) No deed shall be recorded by any recording officer absent such a
35 certification by the commissioner or a certification by the transferor
36 that this section is inapplicable to the sale or transfer.
37 (f) The commissioner shall promulgate rules and regulations implement-
38 ing this section.
39 § 2. This act shall take effect September 1, 2003.
40 PART W3
41 Section 1. Subdivision 4 of section 60 of the alcoholic beverage
42 control law, as amended by chapter 531 of the laws of 1964, is amended
43 to read as follows:
44 4. [License] Six day option license to sell liquor at retail for
45 consumption off the premises subject to paragraph (a) of subdivision
46 fourteen of section one hundred five of this chapter.
47 § 2. Section 63 of the alcoholic beverage control law is amended by
48 adding a new subdivision 7 to read as follows:
49 7. Commencing on the effective date of this subdivision, no additional
50 licenses shall be issued pursuant to this section. The provisions of
51 this subdivision shall not apply to (a) the renewal, transfer or contin-
52 uance of a license pursuant to this chapter, (b) an application for a
S. 1406--B 614 A. 2106--B
1 license filed before the effective date of this subdivision, or (c) the
2 issuance of a license in accordance with the provisions of this chapter
3 to a person who purchased the business operations of a licensee.
4 § 3. Subdivision 3 of section 75 of the alcoholic beverage control
5 law, as amended by chapter 275 of the laws of 1976, is amended to read
6 as follows:
7 3. [License] Six day option license to sell wine at retail for
8 consumption off the premises[;] subject to paragraph (a) of subdivision
9 fourteen of section one hundred five of this chapter.
10 § 4. Section 79 of the alcoholic beverage control law is amended by
11 adding a new subdivision 5 to read as follows:
12 5. Commencing on the effective date of this subdivision, no additional
13 licenses shall be issued pursuant to this section. The provisions of
14 this subdivision shall not apply to (a) the renewal, transfer or contin-
15 uance of a license pursuant to this chapter, (b) an application for a
16 license filed before the effective date of this subdivision, or (c) the
17 issuance of a license in accordance with the provisions of this chapter
18 to a person who purchased the business operations of a licensee.
19 § 5. Subdivision 14 of section 105 of the alcoholic beverage control
20 law, as amended by chapter 789 of the laws of 1968 and paragraph (c) as
21 relettered by chapter 235 of the laws of 1971, is amended to read as
22 follows:
23 14. (a) No premises licensed to sell liquor and/or wine for off-prem-
24 ises consumption shall be permitted to remain open:
25 [(a)] (i) On Sunday between nine o'clock post meridian and twelve
26 o'clock post meridian.
27 [(b)] (ii) On any [other] day between midnight and eight o'clock
28 antemeridian.
29 [(c)] (iii) On the twenty-fifth day of December, known as Christmas
30 day[, and if any such day is Sunday, the next day thereafter].
31 In any community where daylight saving time is in effect, such time
32 shall be deemed the standard time for the purpose of this [law] subdivi-
33 sion.
34 (b) This subdivision shall not be interpreted to prohibit the owner or
35 his or her employees from entering or occupying the premises when it is
36 closed to the public.
37 § 6. Section 3 of the alcoholic beverage control law is amended by
38 adding a new subdivision 17-a to read as follows:
39 17-a. "Six day option license" means a license issued pursuant to this
40 chapter and where the off premise retail license holder shall not remain
41 open to the consumer all seven days of the week.
42 § 7. Section 17 of the alcoholic beverage control law is amended by
43 adding two new subdivisions 8-b and 8-c to read as follows:
44 8-b. The liquor authority shall provide a report to the governor and
45 the legislature on or before April fifteenth, two thousand four and a
46 final report for every year thereafter on April fifteenth on liquor and
47 wine licenses. Both reports shall include findings on the number and
48 kinds of licenses by county and new licenses issued under section sixty
49 and section seventy-five of this chapter. In the final report the state
50 liquor authority shall offer recommendations as to whether the program
51 should be extended, modified, eliminated or made permanent.
52 8-c. The state liquor authority shall promulgate rules and regulations
53 to effectuate the purposes of section sixty, section seventy-five and
54 subdivision fourteen of section one hundred five of this chapter. The
55 authority may enforce the requirements of subdivision fourteen of
56 section one hundred five by administrative proceedings to suspend or
S. 1406--B 615 A. 2106--B
1 revoke a license and the authority may accept payment of an administra-
2 tive fine in lieu of suspension, such payments to be determined by rules
3 or regulations promulgated by the authority.
4 § 8. This act shall take effect immediately and shall expire and be
5 deemed repealed 5 years after such date.
6 PART X3
7 Section 1. The opening paragraph of section 1105 of the tax law, as
8 amended by chapter 72 of the laws of 1971, is amended to read as
9 follows:
10 On and after June first, nineteen hundred seventy-one, there is hereby
11 imposed and there shall be paid a tax of four and one-quarter percent
12 upon:
13 § 2. Section 1110 of the tax law, as separately amended by sections
14 19, 158 and 161 of chapter 166 of the laws of 1991, subdivision (a) as
15 amended by section 28 of part Y of chapter 63 of the laws of 2000,
16 subdivision (c) as amended by section 1 of part E of chapter 407 of the
17 laws of 1999, subdivision (h) as added by chapter 651 of the laws of
18 1999 and subdivision (i) as added by section 29 of part Y of chapter 63
19 of the laws of 2000, is amended to read as follows:
20 § 1110. Imposition of compensating use tax. (a) Except to the extent
21 that property or services have already been or will be subject to the
22 sales tax under this article, there is hereby imposed on every person a
23 use tax for the use within this state on and after June first, nineteen
24 hundred seventy-one except as otherwise exempted under this article, (A)
25 of any tangible personal property purchased at retail, (B) of any tangi-
26 ble personal property (other than computer software used by the author
27 or other creator) manufactured, processed or assembled by the user, (i)
28 if items of the same kind of tangible personal property are offered for
29 sale by him in the regular course of business or (ii) if items are used
30 as such or incorporated into a structure, building or real property by a
31 contractor, subcontractor or repairman in erecting structures or build-
32 ings, or building on, or otherwise adding to, altering, improving, main-
33 taining, servicing or repairing real property, property or land, as the
34 terms real property, property or land are defined in the real property
35 tax law, if items of the same kind are not offered for sale as such by
36 such contractor, subcontractor or repairman or other user in the regular
37 course of business, (C) of any of the services described in paragraphs
38 [(1), (7) and (8)] one, seven, and eight of subdivision (c) of section
39 eleven hundred five of this part, (D) of any tangible personal property,
40 however acquired, where not acquired for purposes of resale, upon which
41 any of the services described in paragraphs [(2), (3) and (7)] two,
42 three and seven of subdivision (c) of section eleven hundred five of
43 this part have been performed, (E) of any telephone answering service
44 described in subdivision (b) of section eleven hundred five of this
45 part, (F) of any computer software written or otherwise created by the
46 user if the user offers software of a similar kind for sale as such or
47 as a component part of other property in the regular course of business,
48 (G) of any prepaid telephone calling service, and (H) of any gas or
49 electricity described in subdivision (b) of section eleven hundred five
50 of this part.
51 (b) For purposes of clause (A) of subdivision (a) of this section, the
52 tax shall be at the rate of four and one-quarter percent of the consid-
53 eration given or contracted to be given for such property, or for the
54 use of such property, including any charges for shipping or delivery as
S. 1406--B 616 A. 2106--B
1 described in paragraph three of subdivision (b) of section eleven
2 hundred one of this article, but excluding any credit for tangible
3 personal property accepted in part payment and intended for resale.
4 (c) For purposes of subclause (i) of clause (B) of subdivision (a) of
5 this section, the tax shall be at the rate of four and one-quarter
6 percent of the price at which items of the same kind of tangible
7 personal property are offered for sale by the user, and the mere stor-
8 age, keeping, retention or withdrawal from storage of tangible personal
9 property by the person who manufactured, processed or assembled such
10 property shall not be deemed a taxable use by him; provided, however,
11 that if the user uses such an item itself on its own premises (not
12 including making a gift of such tangible personal property), solely in
13 the conduct of the user's own business operations, and the item retains
14 its characteristic as tangible personal property when so used, the tax
15 shall be at the rate, and on the consideration, described in subdivision
16 (d) of this section.
17 (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of
18 this section, the tax shall be at the rate of four and one-quarter
19 percent of the consideration given or contracted to be given for the
20 tangible personal property manufactured, processed or assembled into the
21 tangible personal property the use of which is subject to tax, including
22 any charges for shipping or delivery as described in paragraph three of
23 subdivision (b) of section eleven hundred one of this article.
24 (e) Notwithstanding the foregoing, provisions of this section, for
25 purposes of clause (B) of subdivision (a) of this section, there shall
26 be no tax on any portion of such price which represents the value added
27 by the user to tangible personal property which he fabricates and
28 installs to the specifications of an addition or capital improvement to
29 real property, property or land, as the terms real property, property or
30 land are defined in the real property tax law, over and above the
31 prevailing normal purchase price prior to such fabrication of such
32 tangible personal property which a manufacturer, producer or assembler
33 would charge an unrelated contractor who similarly fabricated and
34 installed such tangible personal property to the specifications of an
35 addition or capital improvement to such real property, property or land.
36 (f) For purposes of clauses (C), (D), and (E) of subdivision (a) of
37 this section, the tax shall be at the rate of four and one-quarter
38 percent of the consideration given or contracted to be given for the
39 service, including the consideration for any tangible personal property
40 transferred in conjunction with the performance of the service and also
41 including any charges for shipping and delivery of the property so
42 transferred and of the tangible personal property upon which the service
43 was performed as such charges are described in paragraph three of subdi-
44 vision (b) of section eleven hundred one of this article.
45 (g) For purposes of clause (F) of subdivision (a) of this section, the
46 tax shall be at the rate of four and one-quarter percent of the consid-
47 eration given or contracted to be given for the tangible personal prop-
48 erty which constitutes the blank medium, such as disks or tapes, used in
49 conjunction with the software, or for the use of such property, and the
50 mere storage, keeping, retention or withdrawal from storage of computer
51 software described in such clause (F) by its author or other creator
52 shall not be deemed a taxable use by such person.
53 (h) For purposes of clause (G) of subdivision (a) of this section, the
54 tax shall be at the rate of four and one-quarter percent of the consid-
55 eration given or contracted to be given for the service, including the
56 consideration for any tangible personal property transferred in conjunc-
S. 1406--B 617 A. 2106--B
1 tion with the service and also including any charges for shipping and
2 delivery of the property so transferred as such charges are described in
3 paragraph three of subdivision (b) of section eleven hundred one of this
4 article; provided that, if the user offers like services for sale in the
5 regular course of business, the tax shall be at the rate of four and
6 one-quarter percent of the price at which the user offers such like
7 services for sale.
8 (i) For purposes of clause (H) of subdivision (a) of this section, the
9 tax shall be at the rate of four and one-quarter percent of the consid-
10 eration given or contracted to be given for, or for the use of, the gas
11 or electricity, including the consideration for any tangible personal
12 property transferred in conjunction with the performance thereof, and
13 including any charges described in paragraph three of subdivision (b) of
14 section eleven hundred one of this article.
15 § 3. Paragraph 2 of subdivision (e) of section 1111 of the tax law, as
16 amended by chapter 261 of the laws of 1988, is amended to read as
17 follows:
18 (2) (i) Where the motor fuel is imported, manufactured or sold in, or
19 diesel motor fuel is sold or used in the region referred to in subpara-
20 graph (i) of paragraph one of this subdivision, the tax required to be
21 prepaid pursuant to section eleven hundred two of this article on each
22 gallon of such fuel shall be computed by multiplying the regional aver-
23 age retail sales prices for motor fuel and diesel motor fuel for such
24 region by a tax rate of seven and one-quarter percent.
25 (ii) Where motor fuel is imported, manufactured or sold in, or diesel
26 motor fuel is sold or used in the region referred to in subparagraph
27 (ii) of paragraph one of this subdivision, the tax required to be
28 prepaid pursuant to section eleven hundred two of this article on each
29 gallon of such fuel shall be computed by multiplying the regional aver-
30 age retail sales prices for motor fuel and diesel motor fuel for such
31 region by the tax rate of six and one-quarter percent.
32 § 4. Paragraph 1 of subdivision (j) of section 1111 of the tax law, as
33 amended by section 1 of part E of chapter 85 of the laws of 2002, is
34 amended to read as follows:
35 (1) The tax required to be prepaid pursuant to section eleven hundred
36 three of this article shall be computed by multiplying the base retail
37 price by a tax rate of seven and one-quarter percent and rounding the
38 result thereof to the nearest whole cent per package.
39 § 5. Subdivision (b) of section 1132 of the tax law, as amended by
40 chapter 72 of the laws of 1971, is amended to read as follows:
41 (b) The tax commission shall by regulation prescribe a method or meth-
42 ods or a schedule or schedules of the amounts to be collected from
43 customers in respect to any receipt, amusement charge or rent upon which
44 a tax is imposed by this article so as to eliminate fractions of one
45 cent and so that the aggregate collections of taxes by a person required
46 to collect tax shall, as far as practicable, equal four and one-quarter
47 percent of the total receipts, amusement charges or rents of such person
48 upon whom a tax is imposed by this article or, where a similar tax is
49 imposed under the authority of article twenty-nine of this chapter,
50 equal four and one-quarter percent plus the rate of tax imposed under
51 the authority of article twenty-nine of the total receipts, amusement
52 charges or rents of such person upon whom a tax is imposed by this arti-
53 cle and under the authority of article twenty-nine, so that the tax rate
54 to be applied shall be the sum of the state and local tax rates. Such
55 schedule or schedules may provide that no tax need be collected from the
56 customer upon receipts, amusement charges or rents below a stated sum,
S. 1406--B 618 A. 2106--B
1 and may be amended from time to time so as to accomplish the purposes
2 herein set forth. Such schedule or schedules shall provide that no tax
3 shall be collected from the customer upon receipts from retail sales of
4 tangible personal property which, under the rate imposed by this article
5 [twenty-eight], together with the rates imposed under the authority of
6 article twenty-nine, produce a tax of five mills or less.
7 § 6. Paragraph (i) of subdivision (a) of section 1137 of the tax law,
8 as amended by chapter 72 of the laws of 1971, is amended to read as
9 follows:
10 (i) Four and one-quarter percent of the total of all receipts, amuse-
11 ment charges and rents subject to tax under this article, and if any of
12 such receipts, amusement charges and rents are subject to local tax
13 imposed pursuant to article twenty-nine of this chapter, an additional
14 percentage of the total thereof equal to the percentage rate of such
15 local tax;
16 § 7. Paragraphs 2 and 4 of subdivision (f) of section 1137 of the tax
17 law, paragraph 2 as amended by section 92 of part A of chapter 389 of
18 the laws of 1997 and paragraph 4 as added by chapter 170 of the laws of
19 1994, are amended to read as follows:
20 (2) The amount of the credit authorized by paragraph one of this
21 subdivision shall be three and one-half percent of the amount of tax
22 imposed by section eleven hundred five of this article at the rate of
23 four and one-quarter percent and required to be collected from such
24 person's customers which is paid over with the return which is filed on
25 or before the filing due date, but not more than one hundred fifty
26 dollars, for each quarterly or longer period.
27 (4) The credit authorized by this subdivision shall be computed with
28 respect to, and shall apply against, only the tax imposed by section
29 eleven hundred five of this article at the rate of four and one-quarter
30 percent, and this subdivision shall not apply to or be deemed incorpo-
31 rated into any section of this article which imposes tax and incorpo-
32 rates other sections of this article, or into article twenty-nine or
33 other articles of this chapter, or local laws, ordinances or resolutions
34 enacted pursuant thereto, notwithstanding any other provision of law.
35 § 8. This act shall take effect immediately; provided, however, that
36 sections one, two, three, four, five, six and seven of this act shall
37 take effect June 1, 2003 and shall apply in accordance with the applica-
38 ble transitional provisions of section 1106 of the tax law; provided
39 that the provisions of this act shall expire May 31, 2005 when upon such
40 date the provisions of this act shall be deemed repealed.
41 PART Y3
42 Section 1. Subsections (a), (b), (c) and (d) of section 601 of the tax
43 law, subsections (a), (b) and (c) as amended by chapter 2 of the laws of
44 1995, and subsection (d) as added by chapter 410 of the laws of 1991,
45 are amended to read as follows:
46 (a) Resident married individuals filing joint returns and resident
47 surviving spouses. There is hereby imposed for each taxable year on the
48 New York taxable income of every resident married individual who makes a
49 single return jointly with his spouse under subsection (b) of section
50 six hundred fifty-one and on the New York taxable income of every resi-
51 dent surviving spouse a tax determined in accordance with the following
52 tables:
53 (1) For taxable years beginning after two thousand five:
S. 1406--B 619 A. 2106--B
1 If the New York taxable income is:The tax is:
2 Not over $16,0004% of the New York taxable
3 income
4 Over $16,000 but not over $22,000$640 plus 4.5% of excess over
5 $16,000
6 Over $22,000 but not over $26,000$910 plus 5.25% of excess over
7 $22,000
8 Over $26,000 but not over $40,000$1,120 plus 5.9% of excess over
9 $26,000
10 Over $40,000$1,946 plus 6.85% of excess over
11 $40,000
12 (2) For taxable years beginning in two thousand five:
13 If the New York taxable income is:The tax is:
14 Not over $16,0004% of the New York taxable
15 income
16 Over $16,000 but not over $22,000$640 plus 4.5% of excess over
17 $16,000
18 Over $22,000 but not over $26,000$910 plus 5.25% of excess over
19 $22,000
20 Over $26,000 but not over $40,000$1,120 plus 5.9% of excess over
21 $26,000
22 Over $40,000 but not over $150,000$1,946 plus 6.85% of excess over
23 $40,000
24 Over $150,000 but not over $500,000$9,481 plus 7.25% of excess over
25 $150,000
26 Over $500,000$34,856 plus 7.7% of excess over
27 $500,000
28 (3) For taxable years beginning in two thousand four:
29 If the New York taxable income is:The tax is:
30 Not over $16,0004% of the New York taxable
31 income
32 Over $16,000 but not over $22,000$640 plus 4.5% of excess over
33 $16,000
34 Over $22,000 but not over $26,000$910 plus 5.25% of excess over
35 $22,000
36 Over $26,000 but not over $40,000$1,120 plus 5.9% of excess over
37 $26,000
38 Over $40,000 but not over $150,000$1,946 plus 6.85% of excess over
39 $40,000
40 Over $150,000 but not over $500,000$9,481 plus 7.375% of excess over
41 $150,000
42 Over $500,000$35,294 plus 7.7% of excess over
43 $500,000
44 (4) For taxable years beginning in two thousand three:
45 If the New York taxable income is:The tax is:
46 Not over $16,0004% of the New York taxable
47 income
48 Over $16,000 but not over $22,000$640 plus 4.5% of excess over
49 $16,000
50 Over $22,000 but not over $26,000$910 plus 5.25% of excess over
S. 1406--B 620 A. 2106--B
1 $22,000
2 Over $26,000 but not over $40,000$1,120 plus 5.9% of excess over
3 $26,000
4 Over $40,000 but not over $150,000$1,946 plus 6.85% of excess over
5 $40,000
6 Over $150,000 but not over $500,000$9,481 plus 7.5% of excess over
7 $150,000
8 Over $500,000$35,731 plus 7.7% of excess over
9 $500,000
10 (5) For taxable years beginning after nineteen hundred ninety-six and
11 before two thousand three:
12 If the New York taxable income is: The tax is:
13 Not over $16,000 4% of the New York taxable
14 income
15 Over $16,000 but not over $22,000 $640 plus 4.5% of excess over
16 $16,000
17 Over $22,000 but not over $26,000 $910 plus 5.25% of excess over
18 $22,000
19 Over $26,000 but not over $40,000 $1,120 plus 5.9% of excess over
20 $26,000
21 Over $40,000 $1,946 plus 6.85% of excess over
22 $40,000
23 [(2)] (6) For taxable years beginning in nineteen hundred ninety-six:
24 If the New York taxable income is: The tax is:
25 Not over $11,000 4% of the New York taxable
26 income
27 Over $11,000 but not over $16,000 $440 plus 5% of excess over
28 $11,000
29 Over $16,000 but not over $22,000 $690 plus 6% of excess over
30 $16,000
31 Over $22,000 $1,050 plus 7% of excess over
32 $22,000
33 [(3)] (7) For taxable years beginning in nineteen hundred ninety-five:
34 If the New York taxable income is: The tax is:
35 Not over $13,000 4.55% of the New York taxable
36 income
37 Over $13,000 but not over $19,000 $592 plus 5.55% of excess over
38 $13,000
39 Over $19,000 but not over $25,000 $925 plus 6.55% of excess over
40 $19,000
41 Over $25,000 $1,318 plus 7.5% of excess over
42 $25,000
43 [(4)] (8) For taxable years beginning after nineteen hundred eighty-
44 nine and before nineteen hundred ninety-five:
45 If the New York taxable income is: The tax is:
46 Not over $11,000 4% of the New York taxable
47 income
48 Over $11,000 but not over $16,000 $440 plus 5% of excess over
S. 1406--B 621 A. 2106--B
1 $11,000
2 Over $16,000 but not over $22,000 $690 plus 6% of excess over
3 $16,000
4 Over $22,000 but not over $26,000 $1,050 plus 7% of excess over
5 $22,000
6 Over $26,000 $1,330 plus 7.875% of excess over
7 $26,000
8 (b) Resident heads of households. There is hereby imposed for each
9 taxable year on the New York taxable income of every resident head of a
10 household a tax determined in accordance with the following tables:
11 (1) For taxable years beginning after two thousand five:
12 If the New York taxable income is:The tax is:
13 Not over $11,0004% of the New York taxable
14 income
15 Over $11,000 but not over $15,000$440 plus 4.5% of excess over
16 $11,000
17 Over $15,000 but not over $17,000$620 plus 5.25% of excess over
18 $15,000
19 Over $17,000 but not over $30,000$725 plus 5.9% of excess over
20 $17,000
21 Over $30,000$1,492 plus 6.85% of excess over
22 $30,000
23 (2) For taxable years beginning in two thousand five:
24 If the New York taxable income is:The tax is:
25 Not over $11,0004% of the New York taxable
26 income
27 Over $11,000 but not over $15,000$440 plus 4.5% of excess over
28 $11,000
29 Over $15,000 but not over $17,000$620 plus 5.25% of excess over
30 $15,000
31 Over $17,000 but not over $30,000$725 plus 5.9% of excess over
32 $17,000
33 Over $30,000 but not over $125,000$1,492 plus 6.85% of excess over
34 $30,000
35 Over $125,000 but not over $500,000$8,000 plus 7.25% of excess over
36 $125,000
37 Over $500,000$35,187 plus 7.7% of excess over
38 $500,000
39 (3) For taxable years beginning in two thousand four:
40 If the New York taxable income is:The tax is:
41 Not over $11,0004% of the New York taxable
42 income
43 Over $11,000 but not over $15,000$440 plus 4.5% of excess over
44 $11,000
45 Over $15,000 but not over $17,000$620 plus 5.25% of excess over
46 $15,000
47 Over $17,000 but not over $30,000$725 plus 5.9% of excess over
48 $17,000
49 Over $30,000 but not over $125,000$1,492 plus 6.85% of excess over
S. 1406--B 622 A. 2106--B
1 $30,000
2 Over $125,000 but not over $500,000$8,000 plus 7.375% of excess over
3 $125,000
4 Over $500,000$35,656 plus 7.7% of excess over
5 $500,000
6 (4) For taxable years beginning in two thousand three:
7 If the New York taxable income is:The tax is:
8 Not over $11,0004% of the New York taxable
9 income
10 Over $11,000 but not over $15,000$440 plus 4.5% of excess over
11 $11,000
12 Over $15,000 but not over $17,000$620 plus 5.25% of excess over
13 $15,000
14 Over $17,000 but not over $30,000$725 plus 5.9% of excess over
15 $17,000
16 Over $30,000 but not over $125,000$1,492 plus 6.85% of excess over
17 $30,000
18 Over $125,000 but not over $500,000$8,000 plus 7.5% of excess over
19 $125,000
20 Over $500,000$36,125 plus 7.7% of excess over
21 $500,000
22 (5) For taxable years beginning after nineteen hundred ninety-six and
23 before two thousand three:
24 If the New York taxable income is: The tax is:
25 Not over $11,000 4% of the New York taxable
26 income
27 Over $11,000 but not over $15,000 $440 plus 4.5% of excess over
28 $11,000
29 Over $15,000 but not over $17,000 $620 plus 5.25% of excess over
30 $15,000
31 Over $17,000 but not over $30,000 $725 plus 5.9% of excess over
32 $17,000
33 Over $30,000 $1,492 plus 6.85% of excess over
34 $30,000
35 [(2)] (6) For taxable years beginning in nineteen hundred ninety-six:
36 If the New York taxable income is: The tax is:
37 Not over $7,500 4% of the New York taxable
38 income
39 Over $7,500 but not over $11,000 $300 plus 5% of excess over
40 $7,500
41 Over $11,000 but not over $15,000 $475 plus 6% of excess over
42 $11,000
43 Over $15,000 $ 715 plus 7% of excess over
44 $15,000
45 [(3)] (7) For taxable years beginning in nineteen hundred ninety-five:
46 If the New York taxable income is: The tax is:
47 Not over $9,000 4.55% of the New York taxable
S. 1406--B 623 A. 2106--B
1 income
2 Over $9,000 but not over $14,000 $410 plus 5.55% of excess over
3 $9,000
4 Over $14,000 but not over $19,000 $687 plus 6.55% of excess over
5 $14,000
6 Over $19,000 $1,015 plus 7.5% of excess over
7 $19,000
8 [(4)] (8) For taxable years beginning after nineteen hundred eighty-
9 nine and before nineteen hundred ninety-five:
10 If the New York taxable income is: The tax is:
11 Not over $7,500 4% of the New York taxable
12 income
13 Over $7,500 but not over $11,000 $300 plus 5% of excess over
14 $7,500
15 Over $11,000 but not over $15,000 $475 plus 6% of excess over
16 $11,000
17 Over $15,000 but not over $17,000 $715 plus 7% of excess over
18 $15,000
19 Over $17,000 $855 plus 7.875% of excess over
20 $17,000
21 (c) Resident unmarried individuals, resident married individuals
22 filing separate returns and resident estates and trusts. There is hereby
23 imposed for each taxable year on the New York taxable income of every
24 resident individual who is not a married individual who makes a single
25 return jointly with his spouse under subsection (b) of section six
26 hundred fifty-one or a resident head of a household or a resident
27 surviving spouse, and on the New York taxable income of every resident
28 estate and trust a tax determined in accordance with the following
29 tables:
30 (1) For taxable years beginning after two thousand five:
31 If the New York taxable income is:The tax is:
32 Not over $8,0004% of the New York taxable
33 income
34 Over $8,000 but not over $11,000$320 plus 4.5% of excess over
35 $8,000
36 Over $11,000 but not over $13,000$455 plus 5.25% of excess over
37 $11,000
38 Over $13,000 but not over $20,000$560 plus 5.9% of excess over
39 $13,000
40 Over $20,000$973 plus 6.85% of excess over
41 $20,000
42 (2) For taxable years beginning in two thousand five:
43 If the New York taxable income is:The tax is:
44 Not over $8,0004% of the New York taxable
45 income
46 Over $8,000 but not over $11,000$320 plus 4.5% of excess over
47 $8,000
48 Over $11,000 but not over $13,000$455 plus 5.25% of excess over
49 $11,000
50 Over $13,000 but not over $20,000$560 plus 5.9% of excess over
S. 1406--B 624 A. 2106--B
1 $13,000
2 Over $20,000 but not over $100,000$973 plus 6.85% of excess over
3 $20,000
4 Over $100,000 but not over $500,000$6,453 plus 7.25% of excess over
5 $100,000
6 Over $500,000$35,453 plus 7.7% of excess over
7 $500,000
8 (3) For taxable years beginning in two thousand four:
9 If the New York taxable income is:The tax is:
10 Not over $8,0004% of the New York taxable
11 income
12 Over $8,000 but not over $11,000$320 plus 4.5% of excess over
13 $8,000
14 Over $11,000 but not over $13,000$455 plus 5.25% of excess over
15 $11,000
16 Over $13,000 but not over $20,000$560 plus 5.9% of excess over
17 $13,000
18 Over $20,000 but not over $100,000$973 plus 6.85% of excess over
19 $20,000
20 Over $100,000 but not over $500,000$6,453 plus 7.375% of excess over
21 $100,000
22 Over $500,000$35,953 plus 7.7% of excess over
23 $500,000
24 (4) For taxable years beginning in two thousand three:
25 If the New York taxable income is:The tax is:
26 Not over $8,0004% of the New York taxable
27 income
28 Over $8,000 but not over $11,000$320 plus 4.5% of excess over
29 $8,000
30 Over $11,000 but not over $13,000$455 plus 5.25% of excess over
31 $11,000
32 Over $13,000 but not over $20,000$560 plus 5.9% of excess over
33 $13,000
34 Over $20,000 but not over $100,000$973 plus 6.85% of excess over
35 $20,000
36 Over $100,000 but not over $500,000$6,453 plus 7.5% of excess over
37 $100,000
38 Over $500,000$36,453 plus 7.7% of excess over
39 $500,000
40 (5) For taxable years beginning after nineteen hundred ninety-six and
41 before two thousand three:
42 If the New York taxable income is: The tax is:
43 Not over $8,000 4% of the New York taxable
44 income
45 Over $8,000 but not over $11,000 $320 plus 4.5% of excess over
46 $8,000
47 Over $11,000 but not over $13,000 $455 plus 5.25% of excess over
48 $11,000
49 Over $13,000 but not over $20,000 $560 plus 5.9% of excess over
S. 1406--B 625 A. 2106--B
1 $13,000
2 Over $20,000 $973 plus 6.85% of excess over
3 $20,000
4 [(2)] (6) For taxable years beginning in nineteen hundred ninety-six:
5 If the New York taxable income is: The tax is:
6 Not over $5,500 4% of the New York taxable
7 income
8 Over $5,500 but not over $8,000 $220 plus 5% of excess over
9 $5,500
10 Over $8,000 but not over $11,000 $345 plus 6% of excess over
11 $8,000
12 Over $11,000 $525 plus 7% of excess over
13 $11,000
14 [(3)] (7) For taxable years beginning in nineteen hundred ninety-five:
15 If the New York taxable income is: The tax is:
16 Not over $6,500 4.55% of the New York taxable
17 income
18 Over $6,500 but not over $9,500 $296 plus 5.55% of excess over
19 $6,500
20 Over $9,500 but not over $12,500 $462 plus 6.55% of excess over
21 $9,500
22 Over $12,500 $659 plus 7.5% of excess over
23 $12,500
24 [(4)] (8) For taxable years beginning after nineteen hundred eighty-
25 nine and before nineteen hundred ninety-five:
26 If the New York taxable
27 income is: The tax is:
28 Not over $5,500 4% of the New York taxable
29 income
30 Over $5,500 but not over $8,000 $220 plus 5% of excess over
31 $5,500
32 Over $8,000 but not over $11,000 $345 plus 6% of excess over
33 $8,000
34 Over $11,000 but not over $13,000 $525 plus 7% of excess over
35 $11,000
36 Over $13,000 $665 plus 7.875% of excess over
37 $13,000
38 (d) Tax table benefit recapture. For taxable years beginning after
39 nineteen hundred ninety, there is hereby imposed a supplemental tax in
40 addition to the tax imposed under subsections (a), (b) and (c) of this
41 section for the purpose of recapturing the benefit of the tax tables
42 contained in such subsections or section six hundred ninety-nine of this
43 article, as the case may be. The supplemental tax shall be an amount
44 equal to the sum of the tax table [benefit] benefits in paragraphs one,
45 two and three of this subsection multiplied by [a fraction] their
46 respective fractions in such paragraphs.
47 (1) Resident married individuals filing joint returns [and], resident
48 surviving spouses, resident heads of households, resident unmarried
49 individuals, resident married individuals filing separate returns and
S. 1406--B 626 A. 2106--B
1 resident estates and trusts. (A) The tax table benefit is the difference
2 between (i) the amount of taxable income set forth in the tax table in
3 subsection (a) of this section, or in section six hundred ninety-nine,
4 as the case may be, not subject to the [highest] 6.85 percent rate of
5 tax for the taxable year multiplied by such rate and (ii) the [highest]
6 dollar denominated tax for such amount of taxable income set forth in
7 the tax table applicable to the taxable year in subsection (a) of this
8 section or section six hundred ninety-nine, as the case may be.
9 (B) The fraction is computed as follows: the numerator is the lesser
10 of fifty thousand dollars or the excess of New York adjusted gross
11 income for the taxable year over one hundred thousand dollars and the
12 denominator is fifty thousand dollars.
13 (2) [Resident heads of households. (A) The tax table benefit is the
14 difference between (i) the amount of taxable income set forth in the tax
15 table in subsection (b) of this section, or in section six hundred nine-
16 ty-nine, as the case may be, not subject to the highest rate of tax for
17 the taxable year multiplied by such rate and (ii) the highest dollar
18 denominated tax set forth in the tax table applicable to the taxable
19 year in subsection (b) of this section or section six hundred ninety-
20 nine, as the case may be.
21 (B) The fraction is computed as follows: the numerator is the lesser
22 of fifty thousand dollars or the excess of New York adjusted gross
23 income for the taxable year over one hundred thousand dollars and the
24 denominator is fifty thousand dollars.
25 (3) Resident unmarried individuals, resident married individuals
26 filing separate returns and resident estates and trusts. (A) The tax
27 table benefit is the difference between (i) the amount of taxable income
28 set forth in the tax table in subsection (c) of this section, or in
29 section six hundred ninety-nine, as the case may be, not subject to the
30 highest rate of tax for the taxable year multiplied by such rate and
31 (ii) the highest dollar denominated tax set forth in the tax table
32 applicable to the taxable year in subsection (c) of this section or
33 section six hundred ninety-nine, as the case may be.
34 (B) The fraction is computed as follows: the numerator is the lesser
35 of fifty thousand dollars or the excess of New York adjusted gross
36 income for the taxable year over one hundred thousand dollars and the
37 denominator is fifty thousand dollars.]
38 Resident married individuals filing joint returns, surviving spouses,
39 resident heads of households, resident unmarried individuals, resident
40 married individuals filing separate returns and resident estates and
41 trusts. (A) The tax table benefit is the difference between (i) the
42 amount of taxable income set forth in the tax table in subsection (a) of
43 this section not subject to the second highest rate of tax for the taxa-
44 ble year multiplied by such rate and (ii) the second highest dollar
45 denominated tax for such amount of taxable income set forth in the tax
46 table applicable to the taxable year in subsection (a) of this section
47 less the tax table benefit in paragraph one of this subsection.
48 (B) The fraction is computed as follows: the numerator is the lesser
49 of fifty thousand dollars or the excess of New York adjusted gross
50 income for the taxable year over one hundred fifty thousand dollars and
51 the denominator is fifty thousand dollars.
52 (C) This paragraph shall only apply to taxable years beginning after
53 two thousand two and before two thousand six.
54 (3) Resident married individuals filing joint returns, surviving
55 spouses, resident heads of households, resident unmarried individuals,
56 resident married individuals filing separate returns and resident
S. 1406--B 627 A. 2106--B
1 estates and trusts. (A) The tax table benefit is the difference between
2 (i) the amount of taxable income set forth in the tax table in
3 subsection (a) of this section not subject to the highest rate of tax
4 for the taxable year multiplied by such rate and (ii) the highest dollar
5 denominated tax set forth in the tax table applicable to the taxable
6 year in subsection (a) of this section less the sum of the tax table
7 benefits in paragraphs one and two of this subsection.
8 (B) For such taxpayers with adjusted gross income over five hundred
9 thousand dollars, the fraction is one.
10 (C) This paragraph shall only apply to taxable years beginning after
11 two thousand two and before two thousand six.
12 § 2. Clause (ii) of subparagraph (B) of paragraph 3 of subsection (c)
13 of section 685 of the tax law, as amended by chapter 55 of the laws of
14 1992, is amended to read as follows:
15 (ii) one hundred percent of the tax shown on the return of the indi-
16 vidual for the preceding taxable year. Provided, however, the tax shown
17 on such return for taxable years beginning in two thousand two shall be
18 the tax calculated as if such years began in two thousand three.
19 § 3. Notwithstanding any provision of law to the contrary, the method
20 of determining the amount to be deducted and withheld from wages on
21 account of taxes imposed by or pursuant to the authority of article 22
22 of the tax law in taxable years beginning in 2003, 2004 and 2005 in
23 connection with the implementation of the provisions of sections one and
24 two of this act shall be prescribed by regulations of the commissioner
25 of taxation and finance with due consideration to the effect such with-
26 holding tables and methods would have on the receipt and amount of
27 revenue. The commissioner of taxation and finance shall adjust such
28 withholding tables and methods in regard to taxable years beginning in
29 2003 in such manner as to result, so far as practicable, in withholding
30 from an employee's wages an amount substantially equivalent to the tax
31 reasonably estimated to be due for such taxable years as a result of the
32 provisions of this act, including, but not limited to, changes in the
33 supplemental tax imposed under article 22 of the tax law. Further, the
34 commissioner of taxation and finance shall adjust such withholding
35 tables and methods in regard to all taxable years beginning after 2002
36 to reflect as accurately as practicable the imposition of such supple-
37 mental tax including, but not limited to, adjustment to brackets and
38 withholding tax table rates reflective of the marginal effective tax
39 rates resulting from such supplemental tax. Any such regulations to
40 implement a change in withholding tables and methods or in amounts to be
41 included in payments on account of estimated tax shall be timely
42 provided such regulations are proposed and adopted in compliance with
43 the state administrative procedure act not later than six months after
44 the beginning of the state fiscal year in the calendar years 2003, 2004
45 and 2005 in which the aforementioned legislative changes become effec-
46 tive. In carrying out his or her duties and responsibilities under this
47 section, the commissioner of taxation and finance shall accompany such a
48 rule making procedure with a similar procedure with respect to the taxes
49 required to be deducted and withheld by local laws imposing taxes pursu-
50 ant to the authority of articles 30, 30-A and 30-B of the tax law, which
51 take effect and become applicable in such calendar years on or before
52 the date any such rules shall become effective, the provisions of any
53 other law in relation to such a procedure to the contrary notwithstand-
54 ing.
55 § 4. 1. Notwithstanding the provisions of subsection (c) of section
56 685 of the tax law, the addition to tax with respect to an underpayment
S. 1406--B 628 A. 2106--B
1 of estimated tax shall not be imposed with respect to any installment
2 the due date for the payment of which is prior to the date this act
3 shall have become a law.
4 2. The commissioner of taxation and finance shall take steps to publi-
5 cize the necessary adjustments to estimated tax and, to the extent
6 reasonably possible, to inform the taxpayer of the tax liability changes
7 made by this act.
8 § 5. Subparagraph 1 of paragraph (g) of subdivision 1 of section 210
9 of the tax law, as amended by section 2 of part A of chapter 63 of the
10 laws of 2000, is amended to read as follows:
11 (1) General. The amount prescribed by this paragraph shall be, in the
12 case of each New York S corporation, (i) the higher of the amounts
13 prescribed in paragraphs (a) and (d) of this subdivision (other than the
14 amount prescribed in the final clause of subparagraph one of such para-
15 graph (d)) (ii) reduced by the article twenty-two tax equivalent,
16 provided, however, that the amount thus determined shall not be less
17 than the lowest of the amounts prescribed in subparagraph one of such
18 paragraph (d) (with regard to the provisions of subparagraph three of
19 such paragraph). Provided, however, notwithstanding any provision of
20 this paragraph, in taxable years beginning in two thousand three, two
21 thousand four, and two thousand five, the amount prescribed by this
22 paragraph shall be the amount prescribed in subparagraph one of such
23 paragraph (d) (with regard to the provisions of subparagraph three of
24 such paragraph) and with regard to calculation of such amount in the
25 case of a termination year as set forth in subparagraph four of this
26 paragraph.
27 § 6. This act shall take effect immediately.
28 PART Z3
29 Section 1. Paragraph 5 of subdivision a of section 1612 of the tax
30 law, as added by section 2 of part C of chapter 383 of the laws of 2001,
31 subparagraph (B) as amended by section 6 of part EE of chapter 85 of the
32 laws of 2002, is amended to read as follows:
33 (5) (A) The balance of the total revenue after payout for prizes for
34 games known as "video lottery gaming," less [fifteen] ten percent of the
35 total revenue wagered after payout for prizes to be retained by the
36 division for operation, administration, and procurement [and promo-
37 tional] purposes; and less a vendor's fee to be paid to the track opera-
38 tor at a rate [to be established by the division which shall be not less
39 than twelve percent or more than twenty-five] of twenty-nine percent of
40 the total revenue wagered at the vendor track after payout for prizes
41 pursuant to this chapter, which amount shall be paid to the operator of
42 the racetrack for serving as a lottery agent under this pilot program.
43 In establishing the lottery agent fee, the division shall ensure the
44 maximum lottery support for education while also ensuring the effective
45 implementation of section sixteen hundred seventeen-a of this article
46 through the provision of reasonable reimbursements and compensation to
47 vendor tracks for participation in such pilot program.
48 (B) In consideration for its licensure and participation in this pilot
49 program, each track shall reinvest in the racing industry a percentage
50 of the vendor fee received pursuant to subparagraph (A) of this para-
51 graph in the manner set forth in this subparagraph. Each such track
52 shall dedicate the following percentages of its vendor fee solely for
53 the purpose of enhancing purses at said track: (i) in the first [year],
54 second, and third years of video lottery gaming at such track, [thirty-
S. 1406--B 629 A. 2106--B
1 five] 25.9 percent; [and] (ii) in the [second and any subsequent year,
2 forty-five] fourth and fifth years, 26.7 percent; and (iii) in all
3 subsequent years, 34.5 percent. In addition, [no less than five] in the
4 first through fifth years of operation, 4.3 percent and in the sixth and
5 subsequent years, 5.2 percent of its vendor fee shall be distributed to
6 the appropriate breeding fund for the manner of racing conducted by said
7 track.
8 Provided further, however, nothing in this [subparagrah] subparagraph
9 shall prevent each track from entering into an agreement, not to exceed
10 five years, with the organization authorized to represent its horsemen
11 to reduce the percentage of its vendor fee dedicated to enhancing purses
12 at such track during the [initial three] years of participation by such
13 track[, to an amount not less than twenty-five percent. After any
14 initial mutually agreed to reduction under this subparagraph, the amount
15 of the vendor fee payable to purses shall revert to the preceding
16 subparagraph].
17 (C) The specifications for video lottery gaming shall be designed in
18 such a manner as to pay prizes that average no less than ninety
19 percent of sales.
20 (D) Of the [fifteen] ten percent retained by the division for adminis-
21 trative purposes, any amounts beyond that which [is] are necessary for
22 the [promotion,] operation [or] and administration of this pilot
23 program[,] shall be deposited in the lottery education account.
24 § 2. Section 1617-a of the tax law, as added by section 1 of part C of
25 chapter 383 of the laws of 2001, is amended to read as follows:
26 § 1617-a. Video lottery gaming. a. The division of the lottery is
27 hereby authorized to license, pursuant to rules and regulations to be
28 promulgated by the division of the lottery, the operation of video
29 lottery gaming at Aqueduct, Monticello, Yonkers, Finger Lakes, and
30 Vernon Downs racetracks, or at any other racetrack licensed pursuant to
31 article three of the racing, pari-mutuel wagering and breeding law that
32 are located in a county or counties in which video lottery gaming has
33 been authorized pursuant to local law, excluding the licensed racetrack
34 commonly referred to in article three of the racing, pari-mutuel wager-
35 ing and breeding law as the "New York state exposition" held in Onondaga
36 county and the racetracks of the non-profit racing association known as
37 Belmont Park racetrack and the Saratoga thoroughbred racetrack. Such
38 rules and regulations shall provide, as a condition of licensure, that
39 racetracks to be licensed are certified to be in compliance with all
40 state and local fire and safety codes, that the division is afforded
41 adequate space, infrastructure, and amenities consistent with industry
42 standards for such video gaming operations as found at racetracks in
43 other states, that racetrack employees involved in the operation of
44 video lottery gaming pursuant to this section are licensed by the racing
45 and wagering board, and such other terms and conditions of licensure as
46 the division may establish. Notwithstanding any inconsistent provision
47 of law, video lottery gaming at a racetrack pursuant to this section
48 shall be deemed an approved activity for such racetrack under the rele-
49 vant city, county, town, or village land use or zoning ordinances,
50 rules, or regulations. No racetrack operating video lottery gaming
51 pursuant to this section may house such gaming activity in a structure
52 deemed or approved by the division as "temporary" for a duration of
53 longer than eighteen-months.
54 The division, in consultation with the racing and wagering board,
55 shall establish standards for approval of the temporary and permanent
56 physical layout and construction of any facility or building devoted to
S. 1406--B 630 A. 2106--B
1 a video lottery gaming operation. In reviewing such application for the
2 construction or reconstruction of facilities related or devoted to the
3 operation or housing of video lottery gaming operations, the division,
4 in consultation with the racing and wagering board, shall ensure that
5 such facility:
6 (1) possesses superior consumer amenities and conveniences to encour-
7 age and attract the patronage of tourists and other visitors from across
8 the region, state, and nation.
9 (2) has adequate motor vehicle parking facilities to satisfy patron
10 requirements.
11 (3) has a physical layout and location that facilitates access to the
12 horse racing track portion of such racing facility.
13 b. Video lottery gaming shall only be permitted [during the hours of
14 ten a.m. through ten p.m. Sunday through Thursday and twelve p.m.
15 through twelve a.m. Friday and Saturday, provided, however, that the
16 lottery may authorize such video lottery gaming on public holidays and
17 the day preceding such holidays from twelve p.m. through twelve a.m.]
18 for no more than sixteen consecutive hours per day and on no day shall
19 such operation be conducted past 2:00 a.m.
20 c. The division shall promulgate such rules and regulations as may be
21 necessary for the implementation of video lottery gaming in accordance
22 with the provisions of this section and paragraph five of subdivision a
23 of section sixteen hundred twelve of this article.
24 d. All workers engaged in the construction, reconstruction, develop-
25 ment, rehabilitation, or maintenance of any area for the purpose of the
26 installation, maintenance, or removal of video lottery terminals shall
27 be subject to the provisions of articles eight and nine of the labor law
28 to the extent provided in such articles.
29 § 3. Section 3 of part EE of chapter 85 of the laws of 2002 amending
30 the tax law and other laws and making provisions relating to taxation
31 and related financial matters, is amended to read as follows:
32 § 3. Notwithstanding section 208 of the racing, pari-mutuel wagering
33 and breeding law or any other provision of law to the contrary, a fran-
34 chise granted to a non-profit racing association organized pursuant to
35 section 202 of the racing, pari-mutuel wagering and breeding law is
36 hereby extended until December thirty-first, two thousand [twelve,]
37 thirteen; provided, however, that such franchise shall only be extended
38 after the division of the lottery certifies to the governor, the tempo-
39 rary president of the senate, and the speaker of the assembly that video
40 lottery gaming authorized pursuant to chapter 383 of the laws of 2001 is
41 in operation at Aqueduct racetrack on or before [April] March first, two
42 thousand [three] four.
43 § 4. Section 4 of part C of chapter 383 of the laws of 2001 amending
44 the tax law and other laws relating to authorizing the division of the
45 lottery to conduct a pilot program involving the operation of video
46 lottery terminals at certain racetracks, as amended by section 4 of part
47 EE of chapter 85 of the laws of 2002, is amended to read as follows:
48 § 4. This act shall take effect immediately; provided, however, that
49 the provisions of this act shall expire and be deemed repealed [December
50 31, 2007] ten years after the division of the lottery certifies to the
51 governor, the temporary president of the senate and the speaker of the
52 assembly that video lottery gaming is in operation in at least one race-
53 track; provided that the division of the lottery shall also notify the
54 legislative bill drafting commission in order that the commission may
55 maintain an accurate and timely effective data base of the official text
56 of the laws of the state of New York in furtherance of effecting the
S. 1406--B 631 A. 2106--B
1 provisions of section 44 of the legislative law and section 70-b of the
2 public officers law.
3 § 5. The state finance law is amended by adding a new section 99-i to
4 read as follows:
5 § 99-i. Problem and compulsive gambling education prevention fund. 1.
6 There is hereby established in the joint custody of the state comp-
7 troller and the commissioner of taxation and finance a special fund to
8 be known as the "problem and compulsive gambling education prevention
9 fund".
10 2. Such fund shall consist of all other moneys appropriated, credited
11 or transferred thereto from any other fund or source pursuant to law;
12 and
13 3. Moneys of the fund, following appropriation by the legislature,
14 shall be expended only for the development, expansion, and operation of
15 compulsive or problem gambling education prevention programs conducted
16 in accordance with section 41.57 of the mental hygiene law. Moneys for
17 such purposes shall be used to the extent that they are available within
18 the fund.
19 4. The moneys of the fund shall be paid out on the audit and warrant
20 of the state comptroller on vouchers certified or approved by the
21 commissioner of mental health. At the end of each year, any moneys
22 remaining in the fund shall be retained in the fund and shall not revert
23 to the general fund. The interest and income earned on money in the
24 fund, after deducting any applicable charges, shall be credited to the
25 fund.
26 § 6. Subdivision (a) of section 7.15 of the mental hygiene law, as
27 amended by chapter 83 of the laws of 1995, is amended to read as
28 follows:
29 (a) The commissioner shall plan, promote, establish, develop, coordi-
30 nate, evaluate, and conduct programs and services of prevention, diagno-
31 sis, examination, care, treatment, rehabilitation, training, and
32 research for the benefit of the mentally ill. Such programs shall
33 include but not be limited to in-patient, out-patient, partial hospital-
34 ization, day care, emergency, rehabilitative, and other appropriate
35 treatments and services. The commissioner shall also develop plans, and
36 cause to be promoted, programs and services related to compulsive gambl-
37 ing education and treatment consistent with section 41.57 of this chap-
38 ter. He or she shall take all actions that are necessary, desirable, or
39 proper to implement the purposes of this chapter and to carry out the
40 purposes and objectives of the department within the amounts made avail-
41 able therefor by appropriation, grant, gift, devise, bequest, or allo-
42 cation from the mental [hygiene] health services fund established under
43 section ninety-seven-f of the state finance law or the problem and
44 compulsive gambling education prevention fund established under section
45 ninety-nine-i of the state finance law.
46 § 7. Severability clause. If any clause, sentence, paragraph, subdivi-
47 sion, section, or part of this act shall be adjudged by any court of
48 competent jurisdiction to be invalid, such judgment shall not affect,
49 impair, or invalidate the remainder thereof, but shall be confined in
50 its operation to the clause, sentence, paragraph, subdivision, section,
51 or part thereof directly involved in the controversy in which such judg-
52 ment shall have been rendered. It is hereby declared to be the intent of
53 the legislature that this act would have been enacted even if such
54 invalid provisions had not been included herein.
55 § 8. This act shall take effect immediately; provided, however, that
56 the amendments to paragraph 5 of subdivision a of section 1612 of the
S. 1406--B 632 A. 2106--B
1 tax law made by section one of this act and the amendments to section
2 1617-a of the tax law made by section two of this act shall not affect
3 the repeal of such paragraph and such section and shall be deemed to be
4 repealed therewith.
5 PART A4
6 Section 1. The public authorities law is amended by adding a new
7 section 3238-a to read as follows:
8 § 3238-a. Payment to city of New York. Notwithstanding any inconsist-
9 ent provision of law, the corporation shall transfer to the city of New
10 York one hundred seventy million dollars from the resources of the
11 corporation pursuant to section thirty-two hundred thirty-nine of this
12 title. Such payment shall be made by the comptroller during the city
13 fiscal year. Such payments from the corporation shall be made from the
14 fund established by section ninety-two-r of the state finance law and in
15 accordance with the provisions thereof.
16 § 2. The opening paragraph of subdivision 1 and subdivisions 4 and 5
17 of section 3240 of the public authorities law, as added by chapter 220
18 of the laws of 1990, are amended to read as follows:
19 Not less than one hundred twenty days before the beginning of each
20 fiscal year of the corporation (but not later than October first, nine-
21 teen hundred ninety, for the fiscal year ending March thirty-first,
22 nineteen hundred ninety-one) the chairperson of the corporation shall
23 certify to the state comptroller and to the governor a schedule of cash
24 requirements for such fiscal year. The total amount so certified for
25 such fiscal year shall be equal to the total amount of the debt service
26 then due on the bonds and notes of the corporation, including payments
27 of interest and principal (including sinking fund payments) including
28 payments required to be made pursuant to section thirty-two hundred
29 thirty-eight-a of this title, together with:
30 4. In any year in which the state appropriates money out of any other
31 funds available to it directly for the payment of debt service of the
32 corporation or for any other corporate purposes for which payments out
33 of the local government assistance fund may be made, except any appro-
34 priated amount in respect of a deficiency in such fund, the amount
35 certified by the chairperson of the corporation shall be reduced by the
36 amount of such direct state payments. Provided however, this subdivi-
37 sion shall not apply for payments made pursuant to section thirty-two
38 hundred thirty-eight-a of this title.
39 5. The agreement of the state contained in this section shall be
40 deemed executory only to the extent of appropriations available for
41 payments under this section and no liability on account of any such
42 payment shall be incurred by the state beyond such appropriations. The
43 state, acting through the director of the budget, and the corporation
44 may enter into, amend, modify, or rescind one or more agreements provid-
45 ing for the specific manner, timing, and amount of payments to be made
46 under this section, but only in conformity with this section. Provided
47 however, this subdivision shall not apply for payments made pursuant to
48 section thirty-two hundred thirty-eight-a of this title.
49 § 3. This act shall take effect on the first of July next succeeding
50 the date on which it shall have become a law and shall expire and be
51 deemed repealed on July 1, 2034.
52 PART A5
S. 1406--B 633 A. 2106--B
1 Section 1. Section 1 of this act is amended to read as follows:
2 Section 1. This act enacts into law major components of legislation
3 which are necessary to implement the state fiscal plan for the 2003-2004
4 state fiscal year. Each component is wholly contained within a Part
5 identified as Parts A through [Y] A5. The effective date for each
6 particular provision contained within such Part is set forth in the last
7 section of such Part. Any provision in any section contained within a
8 Part, including the effective date of the Part, which makes reference to
9 a section "of this act", when used in connection with that particular
10 component, shall be deemed to mean and refer to the corresponding
11 section of the Part in which it is found. Section three of this act sets
12 forth the general effective date of this act.
13 § 2. The opening paragraph of section 15 of part E of this act is
14 amended to read as follows:
15 This act shall take effect immediately and shall be deemed to have
16 been in full force and effect on and after April 1, 2003; provided,
17 however, that
18 § 3. Section 2 of part L of this act is amended to read as follows:
19 § 2. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on and after April 1, 2003.
21 § 4. Section 8 of part P of this act is amended to read as follows:
22 § 8. This act shall take effect immediately; provided, however, that
23 sections three and seven of this act shall [take effect] be deemed to
24 have been in full force and effect on and after April 1, 2003.
25 § 5. Section 2 of part C1 of this act is amended to read as follows:
26 § 2. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2003; provided,
28 however, that the amendments to the ninth undesignated paragraph of
29 section 1005 of the public authorities law made by section one of this
30 act shall not affect the expiration of such paragraph and shall be
31 deemed to expire therewith.
32 § 6. Sections 58 and 62 of part M2 of this act are amended to read as
33 follows:
34 TRIBAL COMPACT
35 § 58. Notwithstanding any inconsistent provision of law, moneys appro-
36 priated in section 1 of the chapter of the laws of 2003 which enacts the
37 transportation, economic development and environmental conservation
38 budget to the tribal state compact revenue account under the tribal
39 state compact revenue program from the special revenue funds - other/aid
40 to localities, miscellaneous special revenue fund - 339, tribal state
41 compact revenue account, shall be made available for services and
42 expenses of grants for the purposes specified in subdivision 3 of
43 section 99-h of the state finance law and pursuant to a plan developed
44 by the Niagara Falls casino-community accommodation and improvement
45 commission created pursuant to a chapter of the laws of 2003 creating
46 the Niagara Falls casino-community accommodation and improvement commis-
47 sion and providing for the repeal of such provisions upon expiration
48 thereof provided, however, that copies of the plan shall be submitted to
49 the director of the budget, the chairman of the senate finance committee
50 and the chairman of the assembly ways and means committee. Funds appro-
51 priated therein may be suballocated to any department, agency or public
52 authority for the public purposes determined by the Niagara Falls casi-
53 no-community accommodation and improvement commission created pursuant
54 to a chapter of the laws of 2003 entitled "AN ACT in relation to the
S. 1406--B 634 A. 2106--B
1 Niagara Falls casino-community accommodation and improvement commission
2 and providing for the repeal of such provisions upon expiration there-
3 of".
4 [§ 2. This act shall take effect on the same date and in the same
5 manner as a chapter of the laws of 2003, entitled "AN ACT in relation to
6 the Niagara Falls casino-community accommodation and improvement commis-
7 sion and providing for the repeal of such provisions upon expiration
8 thereof", takes effect and shall remain in full force and effect until
9 March 31, 2018 when upon such date the provisions of this act shall
10 expire and be deemed repealed.]
11 § 62. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2003; provided,
13 that, the provisions set forth in this act relating to certain moneys
14 appropriated in a chapter of the laws of 2003 entitled "Transportation,
15 economic development and environmental conservation budget bill", shall
16 continue in effect for the period of effectiveness of such appropri-
17 ations and any subsequent reappropriations thereof, except section 58 of
18 this act shall take effect on the same date and in the same manner as a
19 chapter of the laws of 2003, entitled "AN ACT in relation to the Niagara
20 Falls casino-community accommodation and improvement commission and
21 providing for the repeal of such provisions upon expiration thereof",
22 takes effect and shall remain in full force and effect until March 31,
23 2018 when upon such date the provisions of this act shall expire and be
24 deemed repealed.
25 § 7. This act shall take effect immediately.
26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
27 sion, section or part of this act shall be adjudged by any court of
28 competent jurisdiction to be invalid, such judgment shall not affect,
29 impair, or invalidate the remainder thereof, but shall be confined in
30 its operation to the clause, sentence, paragraph, subdivision, section
31 or part thereof directly involved in the controversy in which such judg-
32 ment shall have been rendered. It is hereby declared to be the intent of
33 the legislature that this act would have been enacted even if such
34 invalid provisions had not been included herein.
35 § 3. This act shall take effect immediately provided, however, that
36 the applicable effective date of Parts A through A5 of this act shall be
37 as specifically set forth in the last section of such Parts.
