New York State Assembly

 
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A03005 Summary:

A03005 Actions:

A03005 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/01/2023AYE/NAY:25/9  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Nay
Colton
Aye
Blankenbush
Nay
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Nay
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Excused
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/01/2023AYE/NAY:22/7  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A03005 Floor Votes:

A03005 Memo:

Memo not available

A03005 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4005--C                                            A. 3005--C
 
                SENATE - ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN ACT to amend chapter 887 of the laws of 1983, amending the correction
          law  relating  to the psychological testing of candidates, in relation
          to the effectiveness thereof; to amend chapter  428  of  the  laws  of
          1999, amending the executive law and the criminal procedure law relat-
          ing  to  expanding the geographic area of employment of certain police
          officers, in relation to extending the expiration of such chapter;  to
          amend chapter 886 of the laws of 1972, amending the correction law and
          the  penal law relating to prisoner furloughs in certain cases and the
          crime of absconding therefrom, in relation to the effectiveness there-
          of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
          and 54 of the laws of 1987, the correction  law,  the  penal  law  and
          other  chapters  and  laws  relating  to  correctional  facilities, in
          relation to the effectiveness thereof; to amend chapter 55 of the laws
          of 1992, amending the tax  law  and  other  laws  relating  to  taxes,
          surcharges,  fees and funding, in relation to extending the expiration
          of certain provisions of such chapter; to amend  chapter  339  of  the
          laws  of  1972, amending the correction law and the penal law relating
          to inmate work release, furlough and leave, in relation to the  effec-
          tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
          certain provisions which impact upon expenditure of certain  appropri-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-05-3
        S. 4005--C                          2                         A. 3005--C
 
          ations made by chapter 50 of the laws of 1994 enacting the state oper-
          ations  budget,  in  relation  to  the effectiveness thereof; to amend
          chapter 907 of the laws of 1984, amending the correction law, the  New
          York  city criminal court act and the executive law relating to prison
          and jail housing  and  alternatives  to  detention  and  incarceration
          programs,   in   relation  to  extending  the  expiration  of  certain
          provisions of such chapter; to amend chapter 166 of the laws of  1991,
          amending  the tax law and other laws relating to taxes, in relation to
          extending the expiration of certain provisions  of  such  chapter;  to
          amend  the vehicle and traffic law, in relation to extending the expi-
          ration of the mandatory surcharge and victim assistance fee; to  amend
          chapter  713 of the laws of 1988, amending the vehicle and traffic law
          relating to the ignition interlock  device  program,  in  relation  to
          extending  the expiration thereof; to amend chapter 435 of the laws of
          1997, amending the military law and other  laws  relating  to  various
          provisions,  in relation to extending the expiration date of the merit
          provisions of the correction law and the penal law of such chapter; to
          amend part D of chapter 412 of the laws of 1999,  amending  the  civil
          practice law and rules and the court of claims act relating to prison-
          er  litigation  reform, in relation to extending the expiration of the
          inmate filing fee provisions of the civil practice law and  rules  and
          general  filing  fee  provision  and inmate property claims exhaustion
          requirement of the court of claims act of such chapter; to  amend  the
          family  protection  and domestic violence intervention act of 1994, in
          relation to extending the expiration  of  certain  provisions  of  the
          criminal procedure law requiring the arrest of certain persons engaged
          in family violence; to amend chapter 505 of the laws of 1985, amending
          the criminal procedure law relating to the use of closed-circuit tele-
          vision  and  other protective measures for certain child witnesses, in
          relation to extending the expiration of  the  provisions  thereof;  to
          amend  the sentencing reform act of 1995, in relation to extending the
          expiration of certain provisions of such chapter; to amend chapter 689
          of the laws of 1993 amending the criminal procedure  law  relating  to
          electronic  court  appearance  in  certain  counties,  in  relation to
          extending the expiration thereof; to amend chapter 688 of the laws  of
          2003,  amending  the executive law relating to enacting the interstate
          compact for adult offender supervision, in relation to the  effective-
          ness  thereof;  to  amend  part  H  of chapter 56 of the laws of 2009,
          amending the correction  law  relating  to  limiting  the  closing  of
          certain  correctional  facilities,  providing  for  the custody by the
          department  of  correctional  services  of  inmates  serving  definite
          sentences,  providing  for  custody of federal prisoners and requiring
          the closing of certain correctional facilities,  in  relation  to  the
          effectiveness  of  such chapter; to amend part C of chapter 152 of the
          laws of 2001 amending the military law relating to military  funds  of
          the  organized  militia,  in relation to the effectiveness thereof; to
          amend chapter 554 of the laws of 1986, amending the correction law and
          the penal law relating to providing for community treatment facilities
          and establishing the crime of absconding from the community  treatment
          facility,  in relation to the effectiveness thereof; and to amend part
          F of chapter 55 of the laws of 2018, amending the  criminal  procedure
          law relating to the pre-criminal proceeding settlements in the City of
          New  York,  in  relation to the effectiveness thereof (Part A); inten-
          tionally omitted (Part B);  intentionally  omitted  (Part  C);  inten-
          tionally  omitted  (Part  D); intentionally omitted (Part E); to amend
          the  penal  law,  in  relation  to  certain  crimes  relating  to  the
        S. 4005--C                          3                         A. 3005--C
 
          possession  and  storage  of  a  firearm  (Part F); to amend the state
          finance law and the executive  law,  in  relation  to  establishing  a
          hazard mitigation revolving loan fund (Part G); to amend the volunteer
          firefighters'  benefit  law and the general municipal law, in relation
          to permitting the paying of a training stipend to volunteer firefight-
          ers (Part H); intentionally omitted (Part I); to  amend  the  military
          law,  in  relation  to  the  expansion  of eligibility for World Trade
          Center death and disability benefits for members of New York's  organ-
          ized  militia  (Part J); intentionally omitted (Part K); intentionally
          omitted (Part L); intentionally omitted (Part M); intentionally  omit-
          ted  (Part  N);  to amend chapter 396 of the laws of 2010 amending the
          alcoholic beverage control law relating  to liquidator's  permits  and
          temporary  retail  permits,  in  relation to the effectiveness thereof
          (Part O); intentionally omitted (Part P); to amend chapter 303 of  the
          laws of 1988, relating to the extension of the state commission on the
          restoration  of  the capitol, in relation to extending such provisions
          for an additional five years (Part Q); to amend the state finance law,
          in  relation  to  methods  of  procurement;  and  to  repeal   certain
          provisions  of  such law relating thereto (Part R); to amend the civil
          service law,  in  relation  to  competitive  workforce  expansion  and
          retention  (Part  S);  to  amend the civil service law, in relation to
          employment of certain  persons  with  disabilities  (Part  T);  inten-
          tionally  omitted (Part U); to amend part HH of chapter 56 of the laws
          of 2022 amending the retirement and social security  law  relating  to
          waiving approval and income limitations on retirees employed in school
          districts  and  board of cooperative educational services, in relation
          to the effectiveness thereof (Part V); to  amend  the  retirement  and
          social  security  law, in relation to allowing participating employers
          of the New York state and local retirement system to withdraw from the
          contribution stabilization program  (Part  W);  intentionally  omitted
          (Part  X);  to  amend the general municipal law, in relation to moving
          the special accidental death benefit appropriation from the department
          of audit and control to the general  fund's  miscellaneous  all  state
          department  and  agencies  (Part  Y);  to  amend the executive law, in
          relation to the first class of the commission on ethics  and  lobbying
          in  government  (Part Z); to amend the tax law and part C of chapter 2
          of the laws of 2005 amending the tax law relating to  exemptions  from
          sales and use taxes, in relation to extending certain provisions ther-
          eof;  to amend the general city law and the administrative code of the
          city of New York, in relation to extending certain provisions relating
          to specially eligible premises and special  rebates;    to  amend  the
          administrative  code of the city of New York, in relation to extending
          certain provisions relating to exemptions  and  deductions  from  base
          rent;  to  amend  the  real property tax law, in relation to extending
          certain provisions relating to eligibility periods  and  requirements;
          to  amend the real property tax law, in  relation to extending certain
          provisions relating to eligibility periods and  requirements,  benefit
          periods  and applications for abatements; and to amend the administra-
          tive code of the city of New York, in relation  to  extending  certain
          provisions  relating to a special reduction in determining the taxable
          base rent (Part AA); to repeal subdivision 12 of section 239-bb of the
          general municipal law relating to county-wide shared  services  panels
          (Part  BB);  intentionally  omitted (Part CC); 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 such provisions  (Part  DD);  to  amend  the
        S. 4005--C                          4                         A. 3005--C
 
          civil service law, in relation to waiving state civil service examina-
          tion  fees  between  July 1, 2023 and December 31, 2025; and providing
          for the repeal of such provisions upon the  expiration  thereof  (Part
          EE);  to  amend  the  general  municipal law, in relation to providing
          Suffolk county certain fees for the services  of  the  Suffolk  county
          traffic  and parking violations agency (Part FF); to amend the retire-
          ment and social security law, in relation to providing  certain  death
          benefits   to   correction   officers,  correction  officer-sergeants,
          correction officer-captains, assistant wardens, associate  wardens  or
          wardens employed by Westchester county (Part GG); to amend the retire-
          ment  and  social security law, in relation to authorizing police/fire
          members of the New York city fire department pension  fund  to  obtain
          credit for service as an EMT member (Part HH); to amend the retirement
          and  social security law, in relation to providing certain death bene-
          fits  to  county  fire  marshals,  supervising  fire  marshals,   fire
          marshals,  assistant  fire  marshals,  assistant  chief fire marshals,
          chief fire marshals and division supervising fire marshals employed by
          Nassau county (Part II); to amend the retirement and  social  security
          law,  in  relation  to  allowing  certain members of the New York city
          police pension fund to borrow from contributions (Part JJ);  to  amend
          the  retirement and social security law, in relation to the retirement
          of deputy sheriffs-civil in the county of Monroe (Part KK);  to  amend
          the retirement and social security law, in relation to certain medical
          presumptions  applicable  to  members  of the New York state and local
          employees' retirement system (Part LL); to  amend  the  state  finance
          law,  in  relation  to  the  transfer and disposal of certain personal
          property of the state (Part  MM);  to  amend  the  executive  law,  in
          relation  to reports by the director of the office of counterterrorism
          (Part NN); and to amend the not-for-profit corporation law, the execu-
          tive law, and the education law, in  relation  to  the  discovery  and
          disposition of human remains and funerary objects (Part OO)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement the state public protection and general govern-
     3  ment budget for the 2023-2024 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through OO. The  effec-
     5  tive  date  for  each particular provision contained within such Part is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes a reference to a section "of this act", when  used  in  connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section  1. Section 2 of chapter 887 of the laws of 1983, amending the
    14  correction law relating to the psychological testing of  candidates,  as
    15  amended  by  section  1  of part A of chapter 55 of the laws of 2021, is
    16  amended to read as follows:
        S. 4005--C                          5                         A. 3005--C
 
     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law and shall remain in effect until September 1,
     3  [2023] 2025.
     4    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
     5  tive  law  and  the  criminal  procedure  law  relating to expanding the
     6  geographic area of employment of certain police officers, as amended  by
     7  section  2  of  part  A of chapter 55 of the laws of 2021, is amended to
     8  read as follows:
     9    § 3. This act shall take effect on the  first  day  of  November  next
    10  succeeding  the  date  on  which  it  shall have become a law, and shall
    11  remain in effect until the first day of September, [2023] 2025, when  it
    12  shall expire and be deemed repealed.
    13    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    14  correction law and the penal  law  relating  to  prisoner  furloughs  in
    15  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    16  section 3 of part A of chapter 55 of the laws of  2021,  is  amended  to
    17  read as follows:
    18    §  3.  This act shall take effect 60 days after it shall have become a
    19  law and shall remain in effect until September 1, [2023] 2025.
    20    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    21  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    22  other  chapters and laws relating to correctional facilities, as amended
    23  by section 4 of part A of chapter 55 of the laws of 2021, is amended  to
    24  read as follows:
    25    § 20. This act shall take effect immediately except that section thir-
    26  teen  of  this  act shall expire and be of no further force or effect on
    27  and after September 1, [2023]  2025  and  shall  not  apply  to  persons
    28  committed to the custody of the department after such date, and provided
    29  further  that  the commissioner of corrections and community supervision
    30  shall report each January first and July first during such time  as  the
    31  earned  eligibility  program is in effect, to the chairmen of the senate
    32  crime victims, crime and correction committee, the senate codes  commit-
    33  tee,  the  assembly correction committee, and the assembly codes commit-
    34  tee, the standards in effect for earned  eligibility  during  the  prior
    35  six-month  period,  the  number  of inmates subject to the provisions of
    36  earned eligibility, the number who  actually  received  certificates  of
    37  earned  eligibility  during  that  period of time, the number of inmates
    38  with certificates who are granted parole upon their first  consideration
    39  for  parole,  the  number  with  certificates who are denied parole upon
    40  their first consideration, and the number  of  individuals  granted  and
    41  denied parole who did not have earned eligibility certificates.
    42    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    43  amending  the tax law and other laws relating to taxes, surcharges, fees
    44  and funding, as amended by section 5 of part A of chapter 55 of the laws
    45  of 2021, is amended to read as follows:
    46    (q) the provisions of section two  hundred  eighty-four  of  this  act
    47  shall  remain in effect until September 1, [2023] 2025 and be applicable
    48  to all persons entering the program on or before August 31, [2023] 2025.
    49    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    50  correction  law  and  the  penal  law  relating  to inmate work release,
    51  furlough and leave, as amended by section 6 of part A of chapter  55  of
    52  the laws of 2021, is amended to read as follows:
    53    §  10. This act shall take effect 30 days after it shall have become a
    54  law and shall remain in effect  until  September  1,  [2023]  2025,  and
    55  provided  further  that  the commissioner of correctional services shall
    56  report each January first, and July first, to the chairman of the senate
        S. 4005--C                          6                         A. 3005--C
 
     1  crime victims, crime and correction committee, the senate codes  commit-
     2  tee,  the  assembly correction committee, and the assembly codes commit-
     3  tee, the number of eligible inmates in each facility under  the  custody
     4  and  control  of  the commissioner who have applied for participation in
     5  any program offered under the provisions of work release,  furlough,  or
     6  leave, and the number of such inmates who have been approved for partic-
     7  ipation.
     8    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
     9  relating to certain provisions which impact upon expenditure of  certain
    10  appropriations made by chapter 50 of the laws of 1994 enacting the state
    11  operations  budget,  as  amended by section 7 of part A of chapter 55 of
    12  the laws of 2021, is amended to read as follows:
    13    (c) sections forty-one and forty-two of this act shall expire  Septem-
    14  ber  1,  [2023] 2025; provided, that the provisions of section forty-two
    15  of this act shall apply to inmates entering the work release program  on
    16  or after such effective date; and
    17    §  8.  Subdivision  (aa)  of  section 427 of chapter 55 of the laws of
    18  1992, amending the tax law and other laws relating to taxes, surcharges,
    19  fees and funding, as amended by section 10 of part A of  chapter  55  of
    20  the laws of 2021, is amended to read as follows:
    21    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    22  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    23  expire on September 1, [2023] 2025;
    24    §  9.  Section  12  of  chapter  907 of the laws of 1984, amending the
    25  correction law, the New York city criminal court act and  the  executive
    26  law  relating  to  prison and jail housing and alternatives to detention
    27  and incarceration programs, as amended by section 11 of part A of  chap-
    28  ter 55 of the laws of 2021, is amended to read as follows:
    29    §  12.  This  act  shall  take  effect  immediately,  except  that the
    30  provisions of sections one through ten of this act shall remain in  full
    31  force  and  effect  until  September  1, [2023] 2025 on which date those
    32  provisions shall be deemed to be repealed.
    33    § 10. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
    34  1991,  amending the tax law and other laws relating to taxes, as amended
    35  by section 12 of part A of chapter 55 of the laws of 2021, is amended to
    36  read as follows:
    37    (p) The amendments to section 1809 of the vehicle and traffic law made
    38  by sections three hundred thirty-seven and three hundred thirty-eight of
    39  this act shall not apply to any offense committed prior to  such  effec-
    40  tive  date;  provided,  further, that section three hundred forty-one of
    41  this act shall take effect immediately and shall expire November 1, 1993
    42  at which time it  shall  be  deemed  repealed;  sections  three  hundred
    43  forty-five  and  three  hundred  forty-six of this act shall take effect
    44  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    45  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    46  shall take effect immediately and shall expire June 30, 1995  and  shall
    47  revert to and be read as if this act had not been enacted; section three
    48  hundred  fifty-eight of this act shall take effect immediately and shall
    49  expire June 30, 1998 and shall revert to and be read as if this act  had
    50  not been enacted; section three hundred sixty-four through three hundred
    51  sixty-seven  of  this  act  shall apply to claims filed on or after such
    52  effective date; sections three hundred sixty-nine, three hundred  seven-
    53  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    54  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    55  remain  in  effect  until  September  1, [2023] 2025, at which time they
    56  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
        S. 4005--C                          7                         A. 3005--C

     1  surcharge  provided  in  section  three hundred seventy-four of this act
     2  shall apply to parking violations occurring on or after  said  effective
     3  date;  and  provided  further that the amendments made to section 235 of
     4  the vehicle and traffic law by section three hundred seventy-two of this
     5  act,  the amendments made to section 1809 of the vehicle and traffic law
     6  by sections three hundred thirty-seven and three hundred thirty-eight of
     7  this act and the amendments made to section 215-a of the  labor  law  by
     8  section three hundred seventy-five of this act shall expire on September
     9  1,  [2023]  2025  and upon such date the provisions of such subdivisions
    10  and sections shall revert to and be read as if the  provisions  of  this
    11  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    12  section 400.05 of the penal law made by sections three hundred  seventy-
    13  seven  and  three hundred seventy-eight of this act shall expire on July
    14  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    15  revert  and  shall be read as if the provisions of this act had not been
    16  enacted; the state board of law examiners shall take such action  as  is
    17  necessary to assure that all applicants for examination for admission to
    18  practice  as  an  attorney and counsellor at law shall pay the increased
    19  examination fee provided for by the amendment made to section 465 of the
    20  judiciary law by section three hundred eighty of this act for any  exam-
    21  ination given on or after the effective date of this act notwithstanding
    22  that an applicant for such examination may have prepaid a lesser fee for
    23  such examination as required by the provisions of such section 465 as of
    24  the  date  prior  to  the  effective date of this act; the provisions of
    25  section 306-a of the civil practice law and rules as  added  by  section
    26  three  hundred eighty-one of this act shall apply to all actions pending
    27  on or commenced on or after September 1, 1991, provided,  however,  that
    28  for  the  purposes of this section service of such summons made prior to
    29  such date shall be deemed to have been completed on September  1,  1991;
    30  the  provisions  of section three hundred eighty-three of this act shall
    31  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    32  partially  secured  bail  bond  on or after such effective date; and the
    33  provisions of sections  three  hundred  eighty-four  and  three  hundred
    34  eighty-five  of  this  act  shall  apply  only to jury service commenced
    35  during a judicial term beginning on or after the effective date of  this
    36  act; provided, however, that nothing contained herein shall be deemed to
    37  affect  the  application,  qualification,  expiration  or  repeal of any
    38  provision of law amended by any section of this act and such  provisions
    39  shall  be  applied or qualified or shall expire or be deemed repealed in
    40  the same manner, to the same extent and on the same date as the case may
    41  be as otherwise provided by law;
    42    § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    43  amended by section 13 of part A of chapter 55 of the laws  of  2021,  is
    44  amended to read as follows:
    45    8. The provisions of this section shall only apply to offenses commit-
    46  ted  on  or  before September first, two thousand [twenty-three] twenty-
    47  five.
    48    § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    49  cle and traffic law relating to the ignition interlock  device  program,
    50  as amended by section 14 of part A of chapter 55 of the laws of 2021, is
    51  amended to read as follows:
    52    §  6.  This  act  shall  take  effect  on  the first day of April next
    53  succeeding the date on which it  shall  have  become  a  law;  provided,
    54  however,  that  effective immediately, the addition, amendment or repeal
    55  of any rule or regulation necessary for the implementation of the  fore-
    56  going  sections  of  this  act on their effective date is authorized and
        S. 4005--C                          8                         A. 3005--C
 
     1  directed to be made and completed on or before such effective  date  and
     2  shall  remain in full force and effect until the first day of September,
     3  [2023] 2025 when upon such date the provisions  of  this  act  shall  be
     4  deemed repealed.
     5    § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
     6  laws of 1997, amending the military law and other laws relating to vari-
     7  ous  provisions, as amended by section 15 of part A of chapter 55 of the
     8  laws of 2021, is amended to read as follows:
     9    a. sections forty-three through forty-five of this  act  shall  expire
    10  and be deemed repealed on September 1, [2023] 2025;
    11    § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
    12  the civil practice law and rules and the court of claims act relating to
    13  prisoner  litigation reform, as amended by section 16 of part A of chap-
    14  ter 55 of the laws of 2021, is amended to read as follows:
    15    § 4. This act shall take effect 120 days after it shall have become  a
    16  law  and shall remain in full force and effect until September 1, [2023]
    17  2025, when upon such date it shall expire.
    18    § 15. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    19  constituting  the  family  protection and domestic violence intervention
    20  act of 1994, as amended by section 17 of part A of  chapter  55  of  the
    21  laws of 2021, is amended to read as follows:
    22    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    23  added by section thirty-two of this act shall  take  effect  January  1,
    24  1996  and  shall  expire  and  be deemed repealed on September 1, [2023]
    25  2025.
    26    § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    27  inal procedure law relating to the use of closed-circuit television  and
    28  other  protective  measures  for  certain child witnesses, as amended by
    29  section 18 of part A of chapter 55 of the laws of 2021,  is  amended  to
    30  read as follows:
    31    §  5.  This  act  shall take effect immediately and shall apply to all
    32  criminal actions and proceedings commenced prior to the  effective  date
    33  of  this  act  but  still  pending  on such date as well as all criminal
    34  actions and proceedings commenced on or after such  effective  date  and
    35  its provisions shall expire on  September 1, [2023] 2025, when upon such
    36  date the provisions of this act shall be deemed repealed.
    37    §  17.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    38  enacting the sentencing reform act of 1995, as amended by section 19  of
    39  part A of chapter 55 of the laws of 2021, is amended to read as follows:
    40    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    41  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    42  be deemed repealed on September 1, [2023] 2025;
    43    § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    44  inal  procedure  law  relating to electronic court appearance in certain
    45  counties, as amended by section 20 of part A of chapter 55 of  the  laws
    46  of 2021, is amended to read as follows:
    47    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    48  provisions of this act shall be deemed to have been in  full  force  and
    49  effect  since  July  1, 1992 and the provisions of this act shall expire
    50  September 1, [2023] 2025 when upon such date the provisions of this  act
    51  shall be deemed repealed.
    52    § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    53  utive law relating to enacting the interstate compact for adult offender
    54  supervision,  as  amended  by  section 21 of part A of chapter 55 of the
    55  laws of 2021, is amended to read as follows:
        S. 4005--C                          9                         A. 3005--C
 
     1    § 3. This act shall take effect immediately, except that  section  one
     2  of  this  act  shall take effect on the first of January next succeeding
     3  the date on which it shall have become a law, and shall remain in effect
     4  until the first of September, [2023] 2025,  upon  which  date  this  act
     5  shall  be deemed repealed and have no further force and effect; provided
     6  that section one of this act shall only take effect with respect to  any
     7  compacting  state  which  has  enacted  an  interstate  compact entitled
     8  "Interstate compact for adult offender supervision" and having an  iden-
     9  tical  effect  to  that  added  by  section one of this act and provided
    10  further that with respect to any such compacting state, upon the  effec-
    11  tive date of section one of this act, section 259-m of the executive law
    12  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    13  added by section one of  this  act,  shall  take  effect;  and  provided
    14  further  that  with respect to any state which has not enacted an inter-
    15  state compact entitled "Interstate compact  for  adult  offender  super-
    16  vision"  and  having an identical effect to that added by section one of
    17  this act, section 259-m of the executive law shall take effect  and  the
    18  provisions  of  section one of this act, with respect to any such state,
    19  shall have no force or effect until such time as such state shall  adopt
    20  an  interstate  compact  entitled "Interstate compact for adult offender
    21  supervision" and having an identical effect to that added by section one
    22  of this act in which case, with respect to such state,  effective  imme-
    23  diately,  section  259-m  of  the  executive  law is deemed repealed and
    24  section 259-mm of the executive law, as added by  section  one  of  this
    25  act, shall take effect.
    26    §  20. Section 8 of part H of chapter 56 of the laws of 2009, amending
    27  the correction law relating to limiting the closing of  certain  correc-
    28  tional  facilities,  providing  for  the  custody  by  the department of
    29  correctional services of inmates serving definite  sentences,  providing
    30  for  custody  of  federal prisoners and requiring the closing of certain
    31  correctional facilities, as amended by section 22 of part A  of  chapter
    32  55 of the laws of 2021, is amended to read as follows:
    33    §  8.  This  act shall take effect immediately; provided, however that
    34  sections five and six of this act shall expire and  be  deemed  repealed
    35  September 1, [2023] 2025.
    36    § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
    37  the military law relating to military funds of the organized militia, as
    38  amended  by  section  23 of part A of chapter 55 of the laws of 2021, is
    39  amended to read as follows:
    40    § 3. This act shall take effect immediately; provided however that the
    41  amendments made to subdivision 1 of section 221 of the military  law  by
    42  section two of this act shall expire and be deemed repealed September 1,
    43  [2023] 2025.
    44    §  22.  Section  5  of  chapter  554 of the laws of 1986, amending the
    45  correction law and the penal law relating  to  providing  for  community
    46  treatment  facilities  and establishing the crime of absconding from the
    47  community treatment facility, as amended by section  24  of  part  A  of
    48  chapter 55 of the laws of 2021, is amended to read as follows:
    49    §  5.  This act shall take effect immediately and shall remain in full
    50  force and effect until September 1, [2023] 2025,  and  provided  further
    51  that the commissioner of correctional services shall report each January
    52  first  and July first during such time as this legislation is in effect,
    53  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    54  committee,  the  senate codes committee, the assembly correction commit-
    55  tee, and the assembly codes committee, the number of individuals who are
    56  released to community treatment facilities during the previous six-month
        S. 4005--C                         10                         A. 3005--C

     1  period, including the total number for each date at  each  facility  who
     2  are  not residing within the facility, but who are required to report to
     3  the facility on a daily or less frequent basis.
     4    §  23. Section 2 of part F of chapter 55 of the laws of 2018, amending
     5  the criminal procedure law relating to pre-criminal  proceeding  settle-
     6  ments  in  the  city  of New York, as amended by section 25 of part A of
     7  chapter 55 of the laws of 2021, is amended to read as follows:
     8    § 2. This act shall take effect immediately and shall remain  in  full
     9  force  and  effect until March 31, [2023] 2025, when it shall expire and
    10  be deemed repealed.
    11    § 24. This act shall take effect immediately.
 
    12                                   PART B
 
    13                            Intentionally Omitted
 
    14                                   PART C

    15                            Intentionally Omitted
 
    16                                   PART D
 
    17                            Intentionally Omitted
 
    18                                   PART E
 
    19                            Intentionally Omitted
 
    20                                   PART F
 
    21    Section 1. Section 265.01-e of the penal law, as added by chapter  371
    22  of the laws of 2022, is amended to read as follows:
    23  § 265.01-e Criminal  possession  of  a  firearm,  rifle  or shotgun in a
    24               sensitive location.
    25    1. A person is guilty of criminal possession of a  firearm,  rifle  or
    26  shotgun  in  a  sensitive location when such person possesses a firearm,
    27  rifle or shotgun in or upon a sensitive location, and such person  knows
    28  or reasonably should know such location is a sensitive location.
    29    2. For the purposes of this section, a sensitive location shall mean:
    30    (a)  any  place  owned or under the control of federal, state or local
    31  government, for the  purpose  of  government  administration,  including
    32  courts;
    33    (b)  any  location  providing  health,  behavioral health, or chemical
    34  dependance care or services;
    35    (c) any place of worship [or religious observation], except for  those
    36  persons responsible for security at such place of worship;
    37    (d)  libraries,  public  playgrounds, public parks, and zoos, provided
    38  that for the purposes of this section a "public park" shall not  include
    39  (i) any privately held land within a public park not dedicated to public
    40  use or (ii) the forest preserve as defined in subdivision six of section
    41  9-0101 of the environmental conservation law;
        S. 4005--C                         11                         A. 3005--C
 
     1    (e)  the location of any program licensed, regulated, certified, fund-
     2  ed, or approved by the office  of  children  and  family  services  that
     3  provides  services  to  children,  youth,  or  young adults, any legally
     4  exempt childcare provider; a childcare program for  which  a  permit  to
     5  operate  such  program  has  been issued by the department of health and
     6  mental hygiene pursuant to the health code of the city of New York;
     7    (f) nursery schools, preschools, and summer camps; provided  that  for
     8  the  purposes  of  this  section,  nothing  shall  prohibit the activity
     9  permitted under subdivisions seven-c, seven-d, and  seven-e  of  section
    10  265.20  of  this  article where such activity occurs at a summer camp in
    11  accordance with all applicable local, state, and  federal  laws,  rules,
    12  and regulations;
    13    (g)  the location of any program licensed, regulated, certified, oper-
    14  ated, or funded by the office for people  with  developmental  disabili-
    15  ties;
    16    (h)  the location of any program licensed, regulated, certified, oper-
    17  ated, or funded by office of addiction services and supports;
    18    (i) the location of any program licensed, regulated, certified,  oper-
    19  ated, or funded by the office of mental health;
    20    (j)  the location of any program licensed, regulated, certified, oper-
    21  ated, or funded by the office of temporary and disability assistance;
    22    (k) homeless shelters, runaway homeless youth shelters,  family  shel-
    23  ters,  shelters  for  adults,  domestic violence shelters, and emergency
    24  shelters, and residential programs for victims of domestic violence;
    25    (l) residential settings licensed, certified,  regulated,  funded,  or
    26  operated by the department of health;
    27    (m) in or upon any building or grounds, owned or leased, of any educa-
    28  tional  institutions, colleges and universities, licensed private career
    29  schools, school districts,  public  schools,  private  schools  licensed
    30  under  article  one  hundred  one of the education law, charter schools,
    31  non-public schools, board of cooperative educational  services,  special
    32  act  schools,  preschool special education programs, private residential
    33  or non-residential schools for the education of students with  disabili-
    34  ties, and any state-operated or state-supported schools;
    35    (n)  any  place, conveyance, or vehicle used for public transportation
    36  or public transit, subway cars, train cars,  buses,  ferries,  railroad,
    37  omnibus,  marine or aviation transportation; or any facility used for or
    38  in  connection  with  service  in  the  transportation  of   passengers,
    39  airports, train stations, subway and rail stations, and bus terminals;
    40    (o)  any  establishment  [issued  a]  holding  an  active  license for
    41  on-premise consumption pursuant to article four, four-A, five, or six of
    42  the alcoholic beverage control law where alcohol  is  consumed  and  any
    43  establishment  licensed  under  article  four  of  the  cannabis law for
    44  on-premise consumption;
    45    (p) any place used for the performance, art entertainment, gaming,  or
    46  sporting  events such as theaters, stadiums, racetracks, museums, amuse-
    47  ment parks, performance venues, concerts, exhibits, conference  centers,
    48  banquet  halls, and gaming facilities and video lottery terminal facili-
    49  ties as licensed by the gaming commission;
    50    (q) any location being used as a polling place;
    51    (r) any public sidewalk or other public area restricted  from  general
    52  public access for a limited time or special event that has been issued a
    53  permit  for  such  time or event by a governmental entity, or subject to
    54  specific, heightened law enforcement protection, or  has  otherwise  had
    55  such  access restricted by a governmental entity, provided such location
    56  is identified as such by clear and conspicuous signage;
        S. 4005--C                         12                         A. 3005--C
 
     1    (s) any gathering of individuals to collectively express their consti-
     2  tutional rights to protest or assemble;
     3    (t)  the  area  commonly known as Times Square, as such area is deter-
     4  mined and identified by the city of New York; provided such  area  shall
     5  be clearly and conspicuously identified with signage.
     6    3. This section shall not apply to:
     7    (a) [consistent with federal law, law enforcement who qualify to carry
     8  under  the  federal  law enforcement officers safety act,] qualified law
     9  enforcement officers who are  authorized  to  carry  concealed  firearms
    10  pursuant to 18 U.S.C 926B, or qualified retired law enforcement officers
    11  who  are  authorized  to  carry concealed firearms pursuant to 18 U.S.C.
    12  926C;
    13    (b) persons who are police officers as defined in subdivision  thirty-
    14  four of section 1.20 of the criminal procedure law;
    15    (c)  persons  who are designated peace officers by section 2.10 of the
    16  criminal procedure law;
    17    (d) persons who were employed as police officers as defined in  subdi-
    18  vision thirty-four of section 1.20 of the criminal procedure law but are
    19  retired;
    20    (e) security guards as defined by and registered under article seven-A
    21  of  the  general  business  law,  who  have been granted a special armed
    22  registration card, while at the location of their employment and  during
    23  their work hours as such a security guard;
    24    (f) active-duty military personnel;
    25    (g)  persons  licensed  under paragraph (c), (d) or (e) of subdivision
    26  two of section 400.00 of this chapter while in the course of his or  her
    27  official duties;
    28    (h)  a  government  employee under the express written consent of such
    29  employee's supervising government entity for  the  purposes  of  natural
    30  resource protection and management;
    31    (i)  persons  while lawfully engaged in taking of wildlife or attempts
    32  to take wildlife pursuant  to  a  hunting  [activity,  including  hunter
    33  education  training] permit or license issued by the department of envi-
    34  ronmental conservation, or as otherwise authorized pursuant to the envi-
    35  ronmental conservation law, and persons while lawfully engaged in hunter
    36  education training, marksmanship practice, marksmanship  competition  or
    37  training,  or  training  in  the  safe  handling and use of firearms, in
    38  accordance with all applicable local, state, and  federal  laws,  rules,
    39  and regulations; [or]
    40    (j)  persons  operating a program in a sensitive location out of their
    41  residence, [as defined by this section,] which is  licensed,  certified,
    42  authorized,  or  funded  by the state or a municipality, so long as such
    43  possession is in compliance with any rules or regulations applicable  to
    44  the operation of such program and use or storage of firearms[.];
    45    (k)  persons,  while acting in the scope of their official duties, who
    46  are employed in the revenue control  and  security  departments  of  the
    47  metropolitan  transportation  authority,  or  the  New York city transit
    48  authority or an affiliate or subsidiary thereof, who are  authorized  to
    49  carry a firearm as part of their employment;
    50    (l)  persons while lawfully engaged in historical reenactments, educa-
    51  tional programming involving historical weapons of  warfare,  or  motion
    52  picture  or  theatrical  productions,  in accordance with all applicable
    53  local, state, and federal laws, rules and regulations;
    54    (m) persons, while acting within the scope of their  official  duties,
    55  who  are  responsible  for  the  storage or display of antique firearms,
    56  rifles or shotguns at museums and historic sites;
        S. 4005--C                         13                         A. 3005--C
 
     1    (n) persons while participating in military ceremonies, funerals,  and
     2  honor guards; or
     3    (o)  persons while lawfully engaging in learning, practicing, training
     4  for, competing in, or travelling into or  within  the  state  to  learn,
     5  practice, train for, or compete in, the sport of biathlon, in accordance
     6  with  all  applicable  local,  state, and federal laws, rules, and regu-
     7  lations.
     8    Criminal possession of a firearm, rifle  or  shotgun  in  a  sensitive
     9  location is a class E felony.
    10    § 2. Section 265.01-d of the penal law, as added by chapter 371 of the
    11  laws of 2022, is amended to read as follows:
    12  § 265.01-d Criminal possession of a weapon in a restricted location.
    13    1.  A  person  is  guilty  of  criminal  possession  of  a weapon in a
    14  restricted location when such person  possesses  a  firearm,  rifle,  or
    15  shotgun  and enters into or remains on or in private property where such
    16  person knows or reasonably should know that the owner or lessee of  such
    17  property  has  not  permitted  such  possession by clear and conspicuous
    18  signage indicating that the carrying of firearms, rifles, or shotguns on
    19  their property is permitted or [has] by otherwise [given] giving express
    20  consent.
    21    2. This section shall not apply to:
    22    (a) police officers as defined in section 1.20 of the criminal  proce-
    23  dure law;
    24    (b)  persons  who  are designated peace officers as defined in section
    25  2.10 of the criminal procedure law;
    26    (c) [persons who were  employed  as  police  officers  as  defined  in
    27  section  1.20  of  the  criminal  procedure  law, but are] qualified law
    28  enforcement officers who are  authorized  to  carry  concealed  firearms
    29  pursuant  to  18 U.S.C. 926B, or qualified retired law enforcement offi-
    30  cers who are authorized to  carry  concealed  firearms  pursuant  to  18
    31  U.S.C. 926C;
    32    (d) security guards as defined by and registered under article seven-A
    33  of  the general business law who has been granted a special armed regis-
    34  tration card, while at the location of their employment and during their
    35  work hours as such a security guard;
    36    (e) active-duty military personnel;
    37    (f) persons licensed under paragraph (c), (d) or  (e)  of  subdivision
    38  two  of section 400.00 of this chapter while in the course of his or her
    39  official duties; [or]
    40    (g) persons while lawfully engaged in taking of wildlife  or  attempts
    41  to  take  wildlife  pursuant  to a hunting [activity]  permit or license
    42  issued by the department of environmental conservation, or as  otherwise
    43  authorized  pursuant to section 11-0707 and 11-0709 of the environmental
    44  conservation law; or
    45    (h) persons, while acting in the scope of their official  duties,  who
    46  are  employed  in  the  revenue  control and security departments of the
    47  metropolitan transportation authority, or  the  New  York  city  transit
    48  authority  or  an affiliate or subsidiary thereof, who are authorized to
    49  carry a firearm as part of their employment.
    50    Criminal possession of a weapon in a restricted location is a class  E
    51  felony.
    52    §  3.  Subdivision  2  of section 265.45 of the penal law, as added by
    53  chapter 371 of the laws of 2022, is amended to read as follows:
    54    2. No person shall store or  otherwise  leave  a  rifle,  shotgun,  or
    55  firearm  out  of  [his  or  her]  such  person's immediate possession or
    56  control inside a vehicle without first removing the ammunition from  and
        S. 4005--C                         14                         A. 3005--C

     1  securely  locking such rifle, shotgun, or firearm in an appropriate safe
     2  storage depository out of sight from outside of the  vehicle;  provided,
     3  however,  this  subdivision  shall not apply to a police officer as such
     4  term is defined in subdivision thirty-four of section 1.20 of the crimi-
     5  nal  procedure  law,  a  qualified law enforcement officer authorized to
     6  carry concealed firearms pursuant to 18 U.S.C. 926B, or a person in  the
     7  military service of the United States or the state of New York when such
     8  police  officer,  qualified  law  enforcement officer, or person in such
     9  military service is acting in the course of such person's official  duty
    10  or  employment  and otherwise complying with any applicable standards or
    11  requirements pertaining to  the  storage  of  such  rifle,  shotgun,  or
    12  firearm.
    13    § 4. This act shall take effect immediately.
 
    14                                   PART G
 
    15    Section  1.  The  state finance law is amended by adding a new section
    16  99-qq to read as follows:
    17    § 99-qq. Hazard mitigation state revolving  loan  fund.  1.  There  is
    18  hereby established in the joint custody of the state comptroller and the
    19  commissioner  of  taxation and finance a fund to be known as the "hazard
    20  mitigation revolving loan fund".
    21    2. The fund shall consist of all moneys  appropriated  therefore,  all
    22  moneys received by the state pursuant to a capitalization grant from the
    23  federal  emergency management agency in accordance with the Safeguarding
    24  Tomorrow through Ongoing Risk Mitigation Act of 2020 (STORM  Act)  (P.L.
    25  116-284),  payments  of  principal  and  interest on loans made from the
    26  fund, and interest earned on amounts in the fund.
    27    3. Moneys of the account, when allocated, shall be  available  to  the
    28  commissioner of the Division of Homeland Security and Emergency Services
    29  to  make  loans pursuant to section seven hundred nineteen of the execu-
    30  tive law.
    31    § 2. The executive law is amended by adding a new section 719 to  read
    32  as follows:
    33    § 719. Loans  for  eligible  hazard  mitigation  activities.    1. The
    34  commissioner may make loans to local  governments  for  eligible  hazard
    35  mitigation  activities,  as  defined  in the STORM Act and corresponding
    36  federal regulations, to reduce  disaster  risks  for  homeowners,  busi-
    37  nesses,  non-profit  organizations, and communities subject to available
    38  funds for such purpose pursuant to section ninety-nine-qq of  the  state
    39  finance law.
    40    2.  The commissioner may make loans under this section subject to such
    41  other terms and conditions of the STORM Act,  and  related  federal  and
    42  state rules, regulations, policies and guidelines.
    43    § 3. This act shall take effect immediately.
 
    44                                   PART H
 
    45    Section  1.  Subdivision 3 of section 3 of the volunteer firefighters'
    46  benefit law, as amended by chapter 458 of the laws of 1996,  is  amended
    47  to read as follows:
    48    3.  "Line of duty" means the performance by a volunteer firefighter as
    49  a volunteer firefighter of the duties and activities described in subdi-
    50  vision one of section five of this chapter and the same such duties  and
    51  activities  performed for a specialized team established pursuant to the
    52  provisions of section two hundred nine-bb of the general  municipal  law
        S. 4005--C                         15                         A. 3005--C
 
     1  for which the volunteer firefighter does not receive any remuneration or
     2  a  gratuity  and shall be deemed to include any date of injury as deter-
     3  mined by the workers' compensation board pursuant to the  provisions  of
     4  section  forty-one of this chapter. The following shall not be deemed to
     5  be remuneration or a gratuity: receipt of a training stipend as outlined
     6  in section two hundred-aa of the general municipal law; reimbursement of
     7  expenses for meals, lodging and actual and necessary travel; the receipt
     8  of a mileage allowance in  lieu  of  travel  expense;  reimbursement  of
     9  expenses  for registration and tuition fees payable under section seven-
    10  ty-two-g of the general municipal law, and the acceptance of transporta-
    11  tion, food, drink, shelter, clothing and similar items while on duty  or
    12  engaged in such activities.
    13    §  2.  The  general  municipal  law is amended by adding a new section
    14  200-aa to read as follows:
    15    § 200-aa. Training stipend for volunteer firefighters. 1. For purposes
    16  of this section:
    17    (a) "fire company" shall have the same meaning as defined  in  section
    18  three of the volunteer firefighters' benefit law.
    19    (b)  "training  stipend" means payment of a nominal fee to a volunteer
    20  firefighter of a stipend  for  the  completion  of  certain  firefighter
    21  training,  as  identified and published by the office of fire prevention
    22  and control.
    23    (c) "volunteer firefighter" shall have the same meaning as defined  in
    24  section three of the volunteer firefighters' benefit law.
    25    2.  The governing board of a city, town, village or fire district may,
    26  by local law, ordinance or  resolution,  authorize  a  fire  company  to
    27  provide training stipends to volunteer firefighters.
    28    3.  The office of fire prevention and control may make available state
    29  funds  through  a  training  stipend  to  volunteer   firefighters   for
    30  completion  of certain firefighter training, as identified and published
    31  by the office of fire prevention and control.
    32    4. No volunteer firefighter may receive a training stipend from both a
    33  volunteer fire company pursuant to subdivision two of this  section  and
    34  the  office of fire prevention and control pursuant to subdivision three
    35  of this section for completion of the same firefighter training.
    36    5. Any training stipend provided  under  this  section  shall  not  be
    37  deemed  remuneration or gratuity under the volunteer firefighters' bene-
    38  fit law or any other provision of law and shall not  interfere  with  or
    39  impact  the  volunteer status of volunteer firefighters under the volun-
    40  teer firefighters' benefit law or any other provision of law.
    41    6. The office of fire prevention and control  shall  promulgate  rules
    42  and regulations necessary to implement the provisions of this section.
    43    §  3.  Paragraph  c  of  subdivision 1 of section 205-g of the general
    44  municipal law, as added by chapter 559 of the laws of 2006,  is  amended
    45  to read as follows:
    46    c.  "Line of duty" means the performance by a volunteer firefighter of
    47  the duties and activities described in subdivision one of  section  five
    48  of  the volunteer firefighters' benefit law and the same such duties and
    49  activities performed for a specialized team established pursuant to  the
    50  provisions  of section two hundred nine-bb of this article for which the
    51  volunteer firefighter does not receive any remuneration  or  a  gratuity
    52  and  shall  be deemed to include any date of injury as determined by the
    53  workers' compensation  board  pursuant  to  the  provisions  of  section
    54  forty-one  of  the  volunteer  firefighters'  benefit law. The following
    55  shall not be deemed to be remuneration or a gratuity:  reimbursement  of
    56  expenses for meals, lodging and actual and necessary travel; the receipt
        S. 4005--C                         16                         A. 3005--C
 
     1  of  a  mileage  allowance  in  lieu  of travel expense; reimbursement of
     2  expenses for registration and tuition fees payable under section  seven-
     3  ty-two-g  of this chapter, [and] the acceptance of transportation, food,
     4  drink,  shelter,  clothing and similar items while on duty or engaged in
     5  such activities; and receipt  of  a  training  stipend  as  outlined  in
     6  section two hundred-aa of this article.
     7    § 4. This act shall take effect on the one hundred twentieth day after
     8  it  shall have become a law. Effective immediately, the addition, amend-
     9  ment and/or repeal of any rule or regulation necessary for the implemen-
    10  tation of this act on its effective date is authorized to  be  made  and
    11  completed on or before such date.
 
    12                                   PART I
 
    13                            Intentionally Omitted
 
    14                                   PART J
 
    15    Section 1. Subdivisions 1, 2 and 6 of section 217 of the military law,
    16  subdivisions  1 and 6 as amended by chapter 141 of the laws of 1988, and
    17  subdivision 2 as amended by chapter 63 of the laws of 1976, are  amended
    18  and a new subdivision 8 is added to read as follows:
    19    1.  Any  member  of the organized militia who (a) shall be disabled or
    20  has been so disabled in the performance of any actual  service  of  this
    21  state  within  three years preceding the application for a pension under
    22  this chapter, in case of riots, tumults, breach of the peace, resistance
    23  to process, invasion, insurrection or imminent danger thereof, or  when-
    24  ever  called  upon  in aid of the civil authorities, or while engaged in
    25  any lawfully ordered parade, drill,  encampment  or  inspection,  shall,
    26  upon  proof of the fact, as hereinafter provided, be placed on the disa-
    27  bility retired roll of the state and shall receive out of any moneys  in
    28  the treasury of the state, not otherwise appropriated, upon the approval
    29  of  the chief of staff and approval of the governor, the same pension or
    30  reward that persons under similar circumstances receive from the  United
    31  States[.], or
    32    (b) was activated on state active duty on or after September eleventh,
    33  two  thousand  one,  to  participate  in World Trade Center site rescue,
    34  recovery, or cleanup operations as part of such state active  duty,  and
    35  who  is  determined  to  have  incurred  a qualifying World Trade Center
    36  condition, as hereinafter provided, shall be entitled to  a  performance
    37  of  duty disability pension equivalent to three-quarters of the member's
    38  final annual pay as provided for under this chapter.   The deadline  for
    39  submitting  any  qualifying  claim  under  this paragraph shall be on or
    40  before September eleventh, two thousand twenty-six. The adjutant general
    41  of the division of military and naval affairs is authorized  to  promul-
    42  gate regulations to implement the provisions of this section.
    43    2.  In  case any such member of the organized militia (a) shall die as
    44  the result of any such wound, injury or disease within one year after it
    45  has been incurred or contracted, the surviving  spouse,  children  under
    46  twenty-one years of age or dependent parent of such member of the organ-
    47  ized  militia  shall  receive  such  pension and reward as persons under
    48  similar circumstances receive from the United States[.], or
    49    (b) was activated on state active duty on or after September eleventh,
    50  two thousand one, to participate in  World  Trade  Center  site  rescue,
    51  recovery,  or  cleanup operations as part of such state active duty, and
        S. 4005--C                         17                         A. 3005--C

     1  whose death is determined to be the result  of  incurring  a  qualifying
     2  World  Trade  Center  condition,  as hereinafter provided, the surviving
     3  spouse, children under twenty-one years of age or  dependent  parent  of
     4  such  member of the organized militia shall be entitled to an accidental
     5  death benefit equivalent to one-half of the member's final annual pay as
     6  provided under this chapter.  The deadline for submitting any qualifying
     7  claim under this paragraph shall be on or before September eleventh, two
     8  thousand twenty-six. The adjutant general of the  division  of  military
     9  and  naval  affairs is authorized to promulgate regulations to implement
    10  the provisions of this section.
    11    6. Before the name of any person is placed upon the disability retired
    12  roll of the state under this section, proof shall be  made  under  regu-
    13  lations  issued  pursuant to this chapter that the applicant is entitled
    14  to such pension or reward; provided, however, that in the  case  of  the
    15  death  or  disability  of  a member of the organized militia who partic-
    16  ipated in World Trade Center rescue, recovery,  or  cleanup  operations,
    17  and  in  which such death or disability is determined, pursuant to regu-
    18  lations issued under this chapter, to have been the result of a qualify-
    19  ing World Trade Center condition, then unless the contrary is proved  by
    20  competent  evidence,  it shall be presumed that such death or disability
    21  was the natural and proximate result of an  accident  sustained  in  the
    22  performance of actual service of this state and not as a result of will-
    23  ful negligence on the part of such member.  The chief of staff, with the
    24  approval of the governor, shall cause to be [striken] stricken from such
    25  roll  the  name  of any person whenever it appears by satisfactory proof
    26  that such name was put  upon  such  roll  through  false  or  fraudulent
    27  representations.  The chief of staff, with the approval of the governor,
    28  may  increase, reduce or withdraw any pension or reward according to the
    29  right and justice and the practice under the laws and regulations of the
    30  United States.
    31    8. For the purposes of this section:
    32    (a) "Qualifying World Trade Center condition" shall mean a  qualifying
    33  condition or impairment of health resulting in disability to a member of
    34  the  organized  militia  who  participated in World Trade Center rescue,
    35  recovery, or cleanup operations for a qualifying period.
    36    (b) "Qualifying condition or impairment of health" shall mean a quali-
    37  fying physical condition, or a qualifying  psychological  condition,  or
    38  both.
    39    (c)  "Qualifying  physical  condition"  and  "qualifying psychological
    40  condition" shall have the same meaning as  such  terms  are  defined  in
    41  subdivision thirty-six of section two of the retirement and social secu-
    42  rity law.
    43    (d)  "Participated  in World Trade Center rescue, recovery, or cleanup
    44  operations" shall mean any member of the organized  militia  who:    (i)
    45  participated in the rescue, recovery, or cleanup operations at the World
    46  Trade Center site; (ii) worked at the Fresh Kills Land Fill in New York;
    47  (iii) worked at the New York city morgue or the temporary morgue on pier
    48  locations  on the west side of Manhattan; (iv) manned the barges between
    49  the west side of Manhattan and the Fresh Kills Land Fill in New York; or
    50  (v) repaired, cleaned or rehabilitated vehicles or equipment,  including
    51  emergency  vehicle  radio  equipment  owned by the city of New York that
    52  were contaminated by debris in the World Trade Center  site,  regardless
    53  of  whether  the  work on the repair, cleaning or rehabilitation of said
    54  vehicles and equipment was performed within the World Trade Center site,
    55  provided such work was performed prior to decontamination of such  vehi-
    56  cles or equipment.
        S. 4005--C                         18                         A. 3005--C
 
     1    (e)  "World Trade Center site" shall mean anywhere below a line start-
     2  ing from the Hudson River and Canal Street; east on Canal Street to Pike
     3  Street; south on Pike Street to the East River;  and  extending  to  the
     4  lower tip of Manhattan.
     5    (f)  "Qualifying period" shall mean: (i) any period of time within the
     6  forty-eight hours after the first airplane hit the  towers;  or  (ii)  a
     7  total  of  forty  hours accumulated any time between September eleventh,
     8  two thousand one and September twelfth, two thousand two.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART K
 
    11                            Intentionally Omitted

    12                                   PART L
 
    13                            Intentionally Omitted
 
    14                                   PART M
 
    15                            Intentionally Omitted
 
    16                                   PART N
 
    17                            Intentionally Omitted
 
    18                                   PART O
 
    19    Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
    20  alcoholic  beverage  control  law  relating  to liquidator's permits and
    21  temporary retail permits, as amended by section 1 of part M  of  chapter
    22  55 of the laws of 2022, is amended to read as follows:
    23    §  5.  This  act  shall take effect on the sixtieth day after it shall
    24  have become a law, provided that  paragraph  (b)  of  subdivision  1  of
    25  section  97-a  of the alcoholic beverage control law as added by section
    26  two of this act shall expire and be deemed repealed October  12,  [2023]
    27  2024.
    28    § 2. This act shall take effect immediately.
 
    29                                   PART P
 
    30                            Intentionally Omitted
 
    31                                   PART Q
 
    32    Section  1.  Section 2 of chapter 303 of the laws of 1988, relating to
    33  the extension of the state commission on the restoration of the capitol,
    34  as amended by section 1 of part T of chapter 55 of the laws of 2018,  is
    35  amended to read as follows:
    36    §  2. The temporary state commission on the restoration of the capitol
    37  is hereby renamed as the state commission  on  the  restoration  of  the
        S. 4005--C                         19                         A. 3005--C
 
     1  capitol (hereinafter to be referred to as the "commission") and is here-
     2  by  continued  until April 1, [2023] 2028.  The commission shall consist
     3  of eleven members to be appointed as  follows:  five  members  shall  be
     4  appointed  by the governor; two members shall be appointed by the tempo-
     5  rary president of the senate; two members  shall  be  appointed  by  the
     6  speaker  of  the assembly; one member shall be appointed by the minority
     7  leader of the senate; one member shall  be  appointed  by  the  minority
     8  leader  of  the  assembly,  together  with  the  commissioner of general
     9  services and the commissioner of parks, recreation and historic  preser-
    10  vation.  The  term  for  each  elected  member shall be for three years,
    11  except that of the first five members appointed  by  the  governor,  one
    12  shall  be for a one year term, and two shall be for a two year term, and
    13  one of the first appointments by the president of the senate and by  the
    14  speaker  of  the assembly shall be for a two year term. Any vacancy that
    15  occurs in the commission shall be filled in the same manner in which the
    16  original appointment was made. The commission shall elect a chairman and
    17  a vice-chairman from among its  members.    The  members  of  the  state
    18  commission  on  the  restoration  of  the  capitol shall be deemed to be
    19  members of the commission until  their  successors  are  appointed.  The
    20  members  of  the  commission  shall  receive  no  compensation for their
    21  services, but shall be reimbursed for their expenses actually and neces-
    22  sarily incurred by them in the performance of their duties hereunder.
    23    § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
    24  extension  of the state commission on the restoration of the capitol, as
    25  amended  by  section 2 of part T of chapter 55 of the laws  of  2018, is
    26  amended to read as follows:
    27    § 9. This act shall take effect immediately, and shall remain in  full
    28  force and effect until April 1, [2023] 2028.
    29    §  3. This act shall take effect immediately and  shall  be  deemed to
    30  have been in full force and effect on and after April 1, 2023;  provided
    31  that the amendments to section 2 of chapter 303 of the laws of 1988 made
    32  by section one of this act shall not affect the expiration of such chap-
    33  ter, and shall be deemed to expire therewith.
 
    34                                   PART R
 
    35  Section  1.  Subdivision  7  of section 163 of the state finance law, as
    36  amended by section 2 of subpart A of part KK of chapter 57 of  the  laws
    37  of 2018, is amended to read as follows:
    38    7. Method of procurement. Consistent with the requirements of subdivi-
    39  sions  three and four of this section, state agencies shall select among
    40  permissible methods of procurement including, but  not  limited  to,  an
    41  invitation for bid, request for proposals or other means of solicitation
    42  pursuant  to  guidelines  issued by the state procurement council. State
    43  agencies may accept bids  electronically  including  submission  of  the
    44  statement of non-collusion required by section one hundred thirty-nine-d
    45  of  this chapter, and the statement of certification required by section
    46  one hundred thirty-nine-l of this chapter[, and, starting  April  first,
    47  two  thousand  twelve,  and  ending  March  thirty-first,  two  thousand
    48  fifteen, may, for commodity, service and  technology  contracts  require
    49  electronic  submission as the sole method for the submission of bids for
    50  the solicitation.  State agencies shall undertake no more  than  eighty-
    51  five  such  electronic bid solicitations, none of which shall be reverse
    52  auctions, prior to April first, two thousand fifteen. In addition, state
    53  agencies may conduct up to twenty reverse  auctions  through  electronic
    54  means,  prior  to  April first, two thousand fifteen. Prior to requiring
        S. 4005--C                         20                         A. 3005--C

     1  the electronic submission of bids, the  agency  shall  make  a  determi-
     2  nation,  which shall be documented in the procurement record, that elec-
     3  tronic submission affords a fair and equal opportunity for  offerers  to
     4  submit  responsive offers.   Within thirty days of the completion of the
     5  eighty-fifth electronic bid solicitation, or by April first,  two  thou-
     6  sand  fifteen,  whichever  is  earlier, the commissioner shall prepare a
     7  report assessing the use of electronic submissions and make  recommenda-
     8  tions  regarding  future  use  of  this procurement method. In addition,
     9  within thirty days of the completion of the  twentieth  reverse  auction
    10  through  electronic  means,  or  by  April  first, two thousand fifteen,
    11  whichever is earlier, the commissioner shall prepare a report  assessing
    12  the  use of reverse auctions through electronic means and make recommen-
    13  dations regarding future use of this procurement  method.  Such  reports
    14  shall  be  published  on the website of the office of general services].
    15  Except where otherwise provided by law, procurements  shall  be  compet-
    16  itive,  and state agencies shall conduct formal competitive procurements
    17  to the maximum extent practicable. State  agencies  shall  document  the
    18  determination of the method of procurement and the basis of award in the
    19  procurement  record.  Where the basis for award is the best value offer,
    20  the state agency shall  document,  in  the  procurement  record  and  in
    21  advance of the initial receipt of offers, the determination of the eval-
    22  uation criteria, which whenever possible, shall be quantifiable, and the
    23  process  to be used in the determination of best value and the manner in
    24  which the evaluation process and selection shall be conducted.
    25    § 2. Subdivision 7-a of section  163  of  the  state  finance  law  is
    26  REPEALED.
    27    § 3. Section 163 of the state finance law is amended by adding two new
    28  subdivisions 7-a and 7-b to read as follows:
    29    7-a. Notwithstanding the electronic bid provisions set forth in subdi-
    30  vision  seven  of this section, starting April first, two thousand twen-
    31  ty-three, and ending  March  thirty-first,  two  thousand  twenty-seven,
    32  state  agencies may require electronic submission as the sole method for
    33  the submission of bids for commodity, service and technology  contracts,
    34  including  submission  of  the  statement  of  non-collusion required by
    35  section one hundred thirty-nine-d of this chapter, and the statement  of
    36  certification  required  by  section  one  hundred thirty-nine-l of this
    37  chapter, and may require electronic signatures on all documents required
    38  for  submission  of  a  bid,  any  resulting  contracts,  and   required
    39  submissions  during  the  term  of  any contract. Prior to requiring the
    40  electronic submission of bids, the agency shall  make  a  determination,
    41  which  shall  be  documented  in the procurement record, that electronic
    42  submission affords a fair and equal opportunity for offerers  to  submit
    43  responsive  offers,  and that the electronic signature complies with the
    44  provisions of article three of the state technology law.
    45    7-b. On or before December first, two thousand twenty-six, the commis-
    46  sioner of the office of general services shall submit to the speaker  of
    47  the  assembly  and the temporary president of the senate and post on the
    48  website of the office of general services a report  including,  but  not
    49  limited to, the following information:
    50    (a)  which  state  agencies required electronic submission as the sole
    51  method by which bids could be submitted for the period from April first,
    52  two thousand twenty-three through March thirty-first, two thousand twen-
    53  ty-six;
    54    (b) the number and types of contracts for which  such  state  agencies
    55  required electronic submission as the sole method by which bids could be
        S. 4005--C                         21                         A. 3005--C
 
     1  submitted  for  the  period  from April first, two thousand twenty-three
     2  through March thirty-first, two thousand twenty-six;
     3    (c) the estimated savings to the state as a result of such state agen-
     4  cies  requiring  electronic  submission as the sole method by which bids
     5  could be submitted in response to a solicitation and the basis on  which
     6  the estimate is made;
     7    (d)  to  the  extent  practicable,  the  size, industry, minority- and
     8  women-owned business enterprise composition,  service-disabled  veteran-
     9  owned  business  enterprise  composition, and geographic distribution of
    10  those vendors that submitted bids  in  response  to  solicitations  from
    11  state  agencies where electronic submission was the sole method by which
    12  bids could be submitted for the period from April  first,  two  thousand
    13  twenty-three through March thirty-first, two thousand twenty-six;
    14    (e)  to  the  extent  practicable,  the  size, industry, minority- and
    15  women-owned business enterprise composition,  service-disabled  veteran-
    16  owned  business  enterprise  composition, and geographic distribution of
    17  those vendors that submitted non-electronic bids in response  to  solic-
    18  itations  from  state  agencies where electronic submission was accepted
    19  but not required for the period from April first, two  thousand  twenty-
    20  three through March thirty-first, two thousand twenty-six; and
    21    (f)  recommendations  for  the  future  use of electronic bidding as a
    22  permissible method of procurement.
    23    § 4. This act shall take effect immediately; provided,  however,  that
    24  the  amendments to section 163 of the state finance law made by sections
    25  one and three of this act shall not affect the repeal  of  such  section
    26  and  shall  be  deemed repealed therewith; and provided further that the
    27  changes made by this act shall not apply to any  contracts  or  requests
    28  for proposals issued before the effective date.
 
    29                                   PART S
 
    30    Section  1.   Section 57 of the civil service law, as added by chapter
    31  83 of the laws of 1963, is amended to read as follows:
    32    § 57. Continuous recruitment for  certain  positions.  Notwithstanding
    33  any other provisions of this chapter or any other law, the civil service
    34  department or a municipal commission may establish a continuing eligible
    35  list  for  any class of positions for which it finds [inadequate numbers
    36  of well qualified persons available for recruitment] such  lists  appro-
    37  priate.    The  civil  service  department may only establish continuing
    38  eligible lists for any class of positions filled  through  open  compet-
    39  itive  examination.  Names  of  eligibles shall be inserted in such list
    40  from time to time as applicants are tested and found qualified in  exam-
    41  inations  held  at  such  intervals  as  may  be prescribed by the civil
    42  service department or municipal  commission  having  jurisdiction.  Such
    43  successive examinations shall, so far as practicable, be constructed and
    44  rated  so  as  to be equivalent tests of the merit and fitness of candi-
    45  dates. The name of any candidate who passes any such examination and who
    46  is otherwise qualified shall be placed on the continuing  eligible  list
    47  in  the  rank  corresponding to his or her final rating on such examina-
    48  tion. The period of eligibility of  successful  candidates  for  certif-
    49  ication  and appointment from such continuing eligible list, as a result
    50  of any such examination, shall be fixed by the civil service  department
    51  or  municipal  commission  but,  except as a list may reach an announced
    52  terminal date, such period shall not be less than one  year;  nor  shall
    53  such period of eligibility exceed four years. Subject to such conditions
    54  and  limitations as the civil service department or municipal commission
        S. 4005--C                         22                         A. 3005--C
 
     1  may prescribe, a candidate may take  more  than  one  such  examination;
     2  provided,  however, that no such candidate shall be certified simultane-
     3  ously with more than one rank on  the  continuing  eligible  list.  With
     4  respect to any candidate who applies for and is granted additional cred-
     5  it  in  any  such examination as a disabled or non-disabled veteran, and
     6  for the limited purpose of granting such additional credit, the eligible
     7  list shall be deemed to be established on the date on which his  or  her
     8  name is added thereto.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART T
 
    11    Section  1. Subdivision 1 of section 55-b of the civil service law, as
    12  amended by chapter 603 of the laws  of  1995,  is  amended  to  read  as
    13  follows:
    14    1. The commission may determine up to [twelve] seventeen hundred posi-
    15  tions with duties such as can be performed by persons with a physical or
    16  mental disability who are found otherwise qualified to perform satisfac-
    17  torily the duties of any such position. Upon such determination the said
    18  positions  shall  be  classified in the noncompetitive class, and may be
    19  filled only by persons who shall have been  certified  by  the  employee
    20  health  service  of the department as being a person with either a phys-
    21  ical or mental disability.  The number of persons appointed pursuant  to
    22  this section shall not exceed [twelve] seventeen hundred.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART U
 
    25                            Intentionally Omitted
 
    26                                   PART V
 
    27    Section  1.  Section  2  of  part HH of chapter 56 of the laws of 2022
    28  amending the retirement and social  security  law  relating  to  waiving
    29  approval and income limitations on retirees employed in school districts
    30  and  board  of  cooperative  educational services, is amended to read as
    31  follows:
    32    § 2. Notwithstanding any other provision of law to the contrary,  none
    33  of  the  provisions  of  this  act shall be subject to section 25 of the
    34  retirement and social security law.
    35    § 3. This act shall take effect immediately and shall  expire  and  be
    36  deemed repealed June 30, [2023] 2024.
    37    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          Insofar  as  this bill affects the New York State and Local Retirement
        System (NYSLRS), this bill would allow retirees employed by a  New  York
        State  school  district  or  by  the  board  of  cooperative educational
        services (BOCES) to collect a salary without suspension or diminution of
        their pension benefit through June 30, 2024. Currently, the post-retire-
        ment earnings limit is $35,000. Waivers to that post-retirement earnings
        limitation are only provided after the employer engages  in  a  rigorous
        application  process,  including failed efforts to locate qualified non-
        retired individuals, requiring approval by the  Commissioner  of  Educa-
        tion,  and  the retiree so hired did not work with the employer prior to
        retirement.
        S. 4005--C                         23                         A. 3005--C
 
          If this bill were enacted during the  2023  legislative  session,  the
        direct cost incurred would be the retiree's post-retirement earnings for
        the  period  July  1, 2023 through June 30, 2024, not to exceed the full
        pension benefit paid by the NYSLRS during that period.
          The  number  of  members  and  retirees  who could be affected by this
        legislation cannot be readily determined. For each retiree hired  pursu-
        ant  to  this  proposal, an annual cost of $35,000 is expected. If large
        numbers of retirees are hired into such  positions,  significant  annual
        costs would result.
          All  costs will be shared by the State of New York and all participat-
        ing employers in the NYSLRS and spread over future billing cycles. Since
        this proposal exclusively benefits retirees,  the  increased  costs  are
        primarily  attributable to retirees from Tiers 1 - 4. Approximately half
        the contributions required to fund this proposal will  be  collected  on
        salary reported for current members of Tier 6.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, and the Codes, Rules and Regulations of the State  of  New  York:
        Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated March 30, 2023, and intended for use only  during
        the  2023  Legislative Session, is Fiscal Note No. 2023-128, prepared by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend section 2 of Part HH of Chapter 56 of  the  Laws
        of  2022 to extend the waiver of the earnings-after-retirement limit for
        one year for retirees of the New York State Teachers' Retirement  System
        to  June  30, 2024. The current expiration date is June 30, 2023 for the
        waiver of this limit. This act shall take effect immediately  and  shall
        be  deemed  repealed  on June 30, 2024. Retirees must be employed with a
        school district or a board of cooperative educational services  (BOCES).
        There  is  no  earnings-after-retirement  limit for retirees aged 65 and
        older.
          It is estimated that there will be no additional annual  cost  to  the
        employers  of  members of the New York State Teachers' Retirement System
        if this bill is enacted.
          Member data is from  the  System's  most  recent  actuarial  valuation
        files,  consisting  of  data provided by the employers to the Retirement
        System. Data distributions and statistics can be found in  the  System's
        Annual  Report.  System assets are as reported in the System's financial
        statements and can also be found in the System's Annual Report. Actuari-
        al assumptions and methods are provided in the System's Actuarial  Valu-
        ation Report.
        S. 4005--C                         24                         A. 3005--C

          The  source  of this estimate is Fiscal Note 2023-18 dated February 8,
        2023 prepared by the Office of the Actuary of the New York State  Teach-
        ers'  Retirement  System  and  is  intended for use only during the 2023
        Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
        New  York State Teachers' Retirement System. I am a member of the Ameri-
        can Academy of Actuaries and I meet the Qualification Standards  of  the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein.
 
     1                                   PART W
 
     2    Section 1. Paragraphs 2 and 3 of subdivision e of section 19-a of  the
     3  retirement and social security law, as amended by chapter 48 of the laws
     4  of 2017, are amended to read as follows:
     5    (2)  For  any  given  fiscal  year  for which (i) the system actuarial
     6  contribution rate exceeds nine and one-half percent of payroll as of the
     7  end of the previous fiscal year, and (ii) an employer's average actuari-
     8  al contribution rate exceeds the [system] employer's graded contribution
     9  rate or the alternative [system] employer's  graded  contribution  rate,
    10  the  balance in the employer's account within such fund shall be applied
    11  to reduce the employer's payment  to  the  retirement  system  for  such
    12  fiscal  year  in  an  amount  not  to  exceed the difference between the
    13  employer's actuarial contribution and the employer's graded contribution
    14  for the fiscal year.
    15    (3) Notwithstanding the provisions of paragraph two of  this  subdivi-
    16  sion, if at the close of any given fiscal year the balance of an employ-
    17  er's  account  within  the  fund  exceeds  [one  hundred percent of] the
    18  employer's [payroll] actuarial  contribution  for  the  previous  fiscal
    19  year,  [the  excess shall be applied to reduce the employer's payment to
    20  the retirement system for the next succeeding  fiscal  year]  no  graded
    21  payment shall be required or allowed.
    22    § 2. Section 19-a of the retirement and social security law is amended
    23  by adding a new subdivision f to read as follows:
    24    f.  (1) An amortizing employer may elect to terminate participation in
    25  the contribution stabilization program provided that such employer shall
    26  have paid in full all such prior  year  amortization  amounts  including
    27  interest  as  determined by the comptroller. Furthermore, any amortizing
    28  employer that has terminated participation in the contribution  stabili-
    29  zation  program may re-enter the program in a year in which the employer
    30  is eligible to amortize and their employer contribution reserve fund has
    31  been depleted.
    32    (2) An alternative amortizing employer may elect to terminate  partic-
    33  ipation  in  the alternative contribution stabilization program provided
    34  that such employer shall have paid in full all such prior  year  amorti-
    35  zation  amounts  including  interest  as  determined by the comptroller.
    36  Furthermore, any alternative amortizing  employer  that  has  terminated
    37  participation  in the alternative contribution stabilization program may
    38  not  re-enter  the  alternative  contribution   stabilization   program;
    39  provided,  however,  such  employer  may  enter the regular contribution
    40  stabilization program as set forth in paragraph one of this subdivision.
    41    (3) In order to terminate participation in the contribution stabiliza-
    42  tion or alternative contribution stabilization  program,  such  employer
    43  must  file  an  election  on a form prescribed by the comptroller.  Such
    44  election is subject to review and approval by the comptroller.
    45    (4) Termination shall take effect for the fiscal  year  billing  cycle
    46  following the fiscal year of approval. An employer who has been approved
        S. 4005--C                         25                         A. 3005--C
 
     1  to terminate from the contribution stabilization or alternative contrib-
     2  ution  stabilization  program  pursuant  to  this  section  shall not be
     3  required to make a graded payment starting in the following fiscal  year
     4  billing cycle.
     5    (5) In the event an employer in the contribution stabilization program
     6  or  alternative  contribution  stabilization  program terminates partic-
     7  ipation pursuant to this section, any such  balance  in  their  employer
     8  contribution reserve fund shall be applied to the employer's annual bill
     9  in  the maximum amount permitted under paragraph two of subdivision e of
    10  this section, for the following fiscal year and continue to  be  applied
    11  to future annual bills until the reserve fund is depleted.
    12    §  3.  Paragraphs  2  and  3  of subdivision e of section 319-a of the
    13  retirement and social security law, as amended by chapter 48 of the laws
    14  of 2017, are amended to read as follows:
    15    (2) For any given fiscal year  for  which  (i)  the  system  actuarial
    16  contribution  rate  exceeds seventeen and one-half percent of payroll as
    17  of the end of the previous fiscal year, and (ii) for which an employer's
    18  average  actuarial  contribution  rate  exceeds  the  employer's  graded
    19  contribution rate or the alternative [system] employer's graded contrib-
    20  ution rate, the balance in the employer's account within such fund shall
    21  be applied to reduce the employer's payment to the retirement system for
    22  such  fiscal  year in an amount not to exceed the difference between the
    23  employer's actuarial contribution and the employer's graded contribution
    24  for the fiscal year.
    25    (3) Notwithstanding the provisions of paragraph two of  this  subdivi-
    26  sion, if at the close of any given fiscal year the balance of an employ-
    27  er's  account  within  the  fund  exceeds  [one  hundred percent of] the
    28  employer's [payroll] actuarial  contribution  for  the  previous  fiscal
    29  year,  [the  excess shall be applied to reduce the employer's payment to
    30  the retirement system for the next succeeding  fiscal  year]  no  graded
    31  payment shall be required or allowed.
    32    §  4.  Section  319-a  of  the  retirement  and social security law is
    33  amended by adding a new subdivision f to read as follows:
    34    f. (1) An amortizing employer may elect to terminate participation  in
    35  the contribution stabilization program provided that such employer shall
    36  have  paid  in  full  all such prior year amortization amounts including
    37  interest as determined by the comptroller. Furthermore,  any  amortizing
    38  employer  that has terminated participation in the contribution stabili-
    39  zation program may re-enter the program in a year in which the  employer
    40  is eligible to amortize and their employer contribution reserve fund has
    41  been depleted.
    42    (2)  An alternative amortizing employer may elect to terminate partic-
    43  ipation in the alternative contribution stabilization  program  provided
    44  that  such  employer shall have paid in full all such prior year amorti-
    45  zation amounts including interest  as  determined  by  the  comptroller.
    46  Furthermore,  any  alternative  amortizing  employer that has terminated
    47  participation in the alternative contribution stabilization program  may
    48  not   re-enter   the  alternative  contribution  stabilization  program;
    49  provided, however, such employer  may  enter  the  regular  contribution
    50  stabilization program as set forth in paragraph one of this subdivision.
    51    (3) In order to terminate participation in the contribution stabiliza-
    52  tion  or  alternative  contribution stabilization program, such employer
    53  must file an election on a form prescribed by  the  comptroller.    Such
    54  election is subject to review and approval by the comptroller.
    55    (4)  Termination  shall  take effect for the fiscal year billing cycle
    56  following the fiscal year of approval. An employer who has been approved
        S. 4005--C                         26                         A. 3005--C
 
     1  to terminate from the contribution stabilization or alternative contrib-
     2  ution stabilization program  pursuant  to  this  section  shall  not  be
     3  required  to make a graded payment starting in the following fiscal year
     4  billing cycle.
     5    (5) In the event an employer in the contribution stabilization program
     6  or  alternative  contribution  stabilization  program terminates partic-
     7  ipation pursuant to this section, any such  balance  in  their  employer
     8  contribution reserve fund shall be applied to the employer's annual bill
     9  in  the maximum amount permitted under paragraph two of subdivision e of
    10  this section, for the following fiscal year and continue to  be  applied
    11  to future annual bills until the reserve fund is depleted.
    12    §  5.  This  act shall take effect immediately, and shall be deemed to
    13  have been in full force and effect on and after April 1, 2023.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would revise the terms of  participation  in  the  New  York
        State  and  Local Retirement Systems (NYSLRS) Contribution Stabilization
        Program (CSP). Participating employers in the NYSLRS may enter  the  CSP
        to  reduce  volatility  in  average  annual  contribution  rates. Should
        employer billing rates increase rapidly, the CSP allows a portion of the
        increase to be amortized over 10 years for the regular CSP or  12  years
        for  the alternative CSP.  Should employer billing rates decrease rapid-
        ly, the CSP requires  employers  to  make  an  additional  contribution,
        called  a graded payment. The graded payment is deposited into an inter-
        est-bearing reserve fund held within the NYSLRS for the exclusive use by
        the employer to reduce future amortizations.
          This bill revises the CSP in the following ways:
          1) Limits the value of the reserve fund assets. Graded payments  would
        cease  when  the  employer's  reserve  fund assets exceed the employer's
        actuarial contribution in the prior fiscal year. Currently, the  reserve
        fund is capped at 100% of the employer's payroll.
          2)  Creates  provisions  for  termination  from  the  CSP,  subject to
        approval by the Comptroller, provided all prior year  amortizations  are
        paid  in  full,  including interest. Beginning the fiscal year following
        termination, the employer would not be required (or allowed) to  make  a
        graded payment. Any existing reserve fund assets would be used to reduce
        future  annual  bills up to the amount the employer would have been able
        to amortize if still in the program.  The employer would be permitted to
        re-enter the regular CSP only if  eligible  to  amortize,  provided  all
        reserve fund assets are depleted.
          3)  Allows  an  employer  to  utilize its reserve fund assets to pay a
        portion of  its  annual  bill  when  the  employer's  average  actuarial
        contribution  rate  exceeds  the employer's graded rate.  Currently, the
        employer's average actuarial rate must exceed the System graded rate.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate some administrative costs to  implement  the  provisions  of  this
        legislation.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, and the Codes, Rules and Regulations of the State  of  New  York:
        Audit and Control.
        S. 4005--C                         27                         A. 3005--C
 
          The Market Assets and GASB Disclosures are found in the March 31, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  January  26,  2023,  and intended for use only
        during the  2023  Legislative  Session,  is  Fiscal  Note  No.  2023-57,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
 
     1                                   PART X
 
     2                            Intentionally Omitted
 
     3                                   PART Y
 
     4    Section 1. The opening paragraph and paragraph 1 of subdivision b  and
     5  subdivision e of section 208-f of the general municipal law, paragraph 1
     6  of  subdivision  b and subdivision e as added by chapter 472 of the laws
     7  of 1978 and the opening paragraph of subdivision b as amended by chapter
     8  782 of the laws of 2022, are amended and a new subdivision k is added to
     9  read as follows:
    10    The special accidental death benefit shall  be  paid  by  the  county,
    11  city,  town or village which employed the deceased member at the time of
    12  death, and shall consist of a pension which is equal to  the  salary  of
    13  the  deceased  member, reduced by the sum of each of the following bene-
    14  fits received by the widow or widower or the deceased member's  children
    15  under  the  age of eighteen, if the widow or widower has died, or to the
    16  deceased member's parents if the member has no widow, widower,  children
    17  under  the  age of eighteen, or a student under the age of twenty-three,
    18  on account of the death of the deceased member:
    19    1. Any death benefit and any supplementation thereto paid by the  said
    20  county, city, town or village in the form of a pension, and
    21    e.  There  shall be appropriated to the [local assistance fund in the]
    22  general fund [to the department of audit and control] an amount equal to
    23  the special accidental death benefits paid pursuant  to  subdivisions  b
    24  and c of this section during each preceding state fiscal year, as certi-
    25  fied  to  the comptroller by the appropriate municipal official, for the
    26  purposes of reimbursing such special accidental death benefits.
    27    The monies appropriated [to the department of audit and  control]  and
    28  made  available  pursuant  to this subdivision shall be paid under rules
    29  and regulations adopted by the comptroller and subject to  the  approval
    30  of  the  director  of the budget upon the audit and warrant of the comp-
    31  troller on vouchers certified or approved as provided by law.
    32    k. In the case of a deceased county  member  who  died  prior  to  the
    33  effective  date  of  this subdivision, the payment of the benefit to the
    34  deceased member's  beneficiaries  pursuant  to  subdivision  f  of  this
    35  section,  shall  commence  on  the  effective  date of this subdivision,
    36  provided, however that the benefit amount shall be deemed to  have  been
    37  subject  to  annual  increases pursuant to subdivision b of this section
    38  and escalation pursuant to subdivision c of this section, from the  date
    39  of such member's death.
        S. 4005--C                         28                         A. 3005--C
 
     1    §  2.  This  act shall take effect immediately, and shall be deemed to
     2  have been in full force and effect on and after April 1, 2023.
 
     3                                   PART Z
 
     4    Section  1. Paragraph (a) of subdivision 4 of section 94 of the execu-
     5  tive law, as added by section 2 of part QQ of chapter 56 of the laws  of
     6  2022, is amended to read as follows:
     7    (a)  The  first  class of members of the commission shall serve  stag-
     8  gered  terms to ensure continuity. For the first class  of  the  commis-
     9  sion,  [five  members  shall serve a term of four  years,  three members
    10  shall  serve  a  term of two years, and one member shall serve a term of
    11  one year. All subsequent members shall serve a term of four  years]  the
    12  governor's  first  appointee  shall serve an initial term of four years,
    13  their second appointee shall serve an initial term  of  two  years,  and
    14  their  third  appointee  shall  serve  an  initial term of one year; the
    15  attorney general's appointee shall serve an initial term of four  years;
    16  the  comptroller's  appointee shall serve an initial term of four years;
    17  the temporary president of the senate's first appointee shall  serve  an
    18  initial term of four years and their second appointee shall serve a term
    19  of  two years; the minority leader of the senate's appointee shall serve
    20  an initial term of four years;  the  speaker  of  the  assembly's  first
    21  appointee  shall  serve  initial  terms  of  four years and their second
    22  appointee shall serve a term of two years; and the  minority  leader  of
    23  the  assembly's  appointee  shall serve a term of four years. All subse-
    24  quent members shall serve a term of four years.  No  member    shall  be
    25  selected   to  the commission  for more than two full consecutive terms,
    26  except that a member who has held  the position  by filling  a   vacancy
    27  can  only  be  selected  to  the  commission  for an additional two full
    28  consecutive terms.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART AA
 
    31    Section 1. Subparagraph (A) of paragraph  7  of  subdivision  (ee)  of
    32  section  1115  of  the  tax  law,  as  amended by section 1 of item A of
    33  subpart H of part XXX of chapter 58 of the laws of 2020, is  amended  to
    34  read as follows:
    35    (A)  "Tenant" means a person who, as lessee, enters into a space lease
    36  with a landlord for a term of ten years or more commencing on  or  after
    37  September first, two thousand five, but not later than, in the case of a
    38  space lease with respect to leased premises located in eligible areas as
    39  defined  in  clause (i) of subparagraph (D) of this paragraph, September
    40  first, two thousand [twenty-three] twenty-seven and, in the  case  of  a
    41  space lease with respect to leased premises located in eligible areas as
    42  defined  in  clause (ii) of subparagraph (D) of this paragraph not later
    43  than September first, two thousand [twenty-five] twenty-nine,  of  prem-
    44  ises  for  use  as commercial office space in buildings located or to be
    45  located in the eligible areas. A person who currently occupies  premises
    46  for use as commercial office space under an existing lease in a building
    47  in  the  eligible  areas  shall not be eligible for exemption under this
    48  subdivision unless such existing lease, in the case  of  a  space  lease
    49  with  respect to leased premises located in eligible areas as defined in
    50  clause (i) of subparagraph (D) of this paragraph  expires  according  to
    51  its  terms  before  September first, two thousand [twenty-three] twenty-
    52  seven or such existing lease, in the case of a space lease with  respect
        S. 4005--C                         29                         A. 3005--C
 
     1  to  leased  premises located in eligible areas as defined in clause (ii)
     2  of subparagraph (D) of this paragraph and  such  person  enters  into  a
     3  space  lease,  for  a  term  of ten years or more commencing on or after
     4  September  first,  two  thousand five, of premises for use as commercial
     5  office space in a building located or to  be  located  in  the  eligible
     6  areas,  provided  that  such space lease with respect to leased premises
     7  located in eligible areas as defined in clause (i) of  subparagraph  (D)
     8  of  this paragraph commences no later than September first, two thousand
     9  [twenty-three] twenty-seven, and provided that  such  space  lease  with
    10  respect  to  leased  premises  located  in  eligible areas as defined in
    11  clause (ii) of subparagraph (D) of this  paragraph  commences  no  later
    12  than   September  first,  two  thousand  [twenty-five]  twenty-nine  and
    13  provided, further, that such space lease shall expire  no  earlier  than
    14  ten years after the expiration of the original lease.
    15    § 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
    16  tax  law  relating to exemptions from sales and use taxes, as amended by
    17  section 2 of item A of subpart H of part XXX of chapter 58 of  the  laws
    18  of 2020, is amended to read as follows:
    19    § 2. This act shall take effect September 1, 2005 and shall expire and
    20  be  deemed repealed on December 1, [2026] 2030, and shall apply to sales
    21  made, uses occurring and services rendered on or  after  such  effective
    22  date,  in  accordance  with  the  applicable  transitional provisions of
    23  sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
    24  agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
    25  tax law, as added by section one of this act, shall expire and be deemed
    26  repealed December 1, [2024] 2028.
    27    § 3. Paragraph 1 of subdivision (b) of section  25-s  of  the  general
    28  city  law, as amended by section 3 of item A of subpart H of part XXX of
    29  chapter 58 of the laws of 2020, is amended to read as follows:
    30    (1) non-residential premises that are  wholly  contained  in  property
    31  that  is eligible to obtain benefits under title two-D or two-F of arti-
    32  cle four of the real property tax law, or would be eligible  to  receive
    33  benefits  under  such  article  except that such property is exempt from
    34  real property taxation and the requirements of paragraph (b) of subdivi-
    35  sion seven of section four hundred eighty-nine-dddd of such title two-D,
    36  or the requirements of subparagraph (ii) of paragraph (b) of subdivision
    37  five of section four hundred eighty-nine-cccccc  of  such  title  two-F,
    38  whichever is applicable, have not been satisfied, provided that applica-
    39  tion for such benefits was made after May third, nineteen hundred eight-
    40  y-five   and   prior   to   July   first,  two  thousand  [twenty-three]
    41  twenty-seven, that construction  or  renovation  of  such  premises  was
    42  described in such application, that such premises have been substantial-
    43  ly  improved  by  such construction or renovation so described, that the
    44  minimum required expenditure as defined in such title  two-D  or  two-F,
    45  whichever  is  applicable, has been made, and that such real property is
    46  located in an eligible area; or
    47    § 4. Paragraph 3 of subdivision (b) of section  25-s  of  the  general
    48  city  law, as amended by section 4 of item A of subpart H of part XXX of
    49  chapter 58 of the laws of 2020, is amended to read as follows:
    50    (3) non-residential premises that are wholly contained in real proper-
    51  ty that has obtained approval after October thirty-first,  two  thousand
    52  and  prior  to  July first, two thousand [twenty-three] twenty-seven for
    53  financing by an industrial development agency  established  pursuant  to
    54  article  eighteen-A  of  the  general  municipal law, provided that such
    55  financing has been used in whole or in  part  to  substantially  improve
    56  such  premises  (by  construction  or renovation), and that expenditures
        S. 4005--C                         30                         A. 3005--C
 
     1  have been made for improvements to such real property in excess  of  ten
     2  per centum of the value at which such real property was assessed for tax
     3  purposes  for  the  tax  year in which such improvements commenced, that
     4  such  expenditures  have  been  made  within thirty-six months after the
     5  earlier of (i) the issuance by such agency of bonds for such  financing,
     6  or  (ii)  the  conveyance  of title to such property to such agency, and
     7  that such real property is located in an eligible area; or
     8    § 5. Paragraph 5 of subdivision (b) of section  25-s  of  the  general
     9  city  law, as amended by section 5 of item A of subpart H of part XXX of
    10  chapter 58 of the laws of 2020, is amended to read as follows:
    11    (5) non-residential premises that are wholly contained in real proper-
    12  ty owned by such city or the New York  state  urban  development  corpo-
    13  ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
    14  accordance with the applicable provisions of the charter of such city or
    15  by the board of directors of such corporation,  and  such  approval  was
    16  obtained  after  October  thirty-first,  two  thousand and prior to July
    17  first, two thousand [twenty-three] twenty-seven, provided, however, that
    18  such premises were constructed or renovated subsequent to such approval,
    19  that expenditures  have  been  made  subsequent  to  such  approval  for
    20  improvements  to  such  real property (by construction or renovation) in
    21  excess of ten per centum of the value at which such  real  property  was
    22  assessed  for  tax  purposes for the tax year in which such improvements
    23  commenced, that such  expenditures  have  been  made  within  thirty-six
    24  months  after the effective date of such lease, and that such real prop-
    25  erty is located in an eligible area; or
    26    § 6. Paragraph 2 of subdivision (c) of section  25-t  of  the  general
    27  city  law, as amended by section 6 of item A of subpart H of part XXX of
    28  chapter 58 of the laws of 2020, is amended to read as follows:
    29    (2) No eligible energy user, qualified eligible energy  user,  on-site
    30  cogenerator,  or clean on-site cogenerator shall receive a rebate pursu-
    31  ant to this article until it  has  obtained  a  certification  from  the
    32  appropriate  city agency in accordance with a local law enacted pursuant
    33  to this section. No such certification for a qualified  eligible  energy
    34  user  shall  be issued on or after November first, two thousand. No such
    35  certification of any other eligible energy user, on-site cogenerator, or
    36  clean on-site cogenerator shall be issued on or after  July  first,  two
    37  thousand [twenty-three] twenty-seven.
    38    §  7.  Paragraph  1 of subdivision (a) of section 25-aa of the general
    39  city law, as amended by section 7 of item A of subpart H of part XXX  of
    40  chapter 58 of the laws of 2020, is amended to read as follows:
    41    (1) is eligible to obtain benefits under title two-D or two-F of arti-
    42  cle  four  of the real property tax law, or would be eligible to receive
    43  benefits under such title except that such property is exempt from  real
    44  property  taxation  and the requirements of paragraph (b) of subdivision
    45  seven of section four hundred eighty-nine-dddd of such title  two-D,  or
    46  the  requirements  of  subparagraph (ii) of paragraph (b) of subdivision
    47  five of section four hundred eighty-nine-cccccc  of  such  title  two-F,
    48  whichever  is  applicable,  of  the  real property tax law have not been
    49  satisfied, provided that application for such benefits  was  made  after
    50  the  thirtieth  day of June, nineteen hundred ninety-five and before the
    51  first day  of  July,  two  thousand  [twenty-three]  twenty-seven,  that
    52  construction  or  renovation of such building or structure was described
    53  in such application, that such building or structure has  been  substan-
    54  tially  improved  by  such  construction or renovation, and (i) that the
    55  minimum required expenditure as defined in such title has been made,  or
    56  (ii)  where  there  is  no  applicable minimum required expenditure, the
        S. 4005--C                         31                         A. 3005--C

     1  building was constructed within such period or periods  of  time  estab-
     2  lished by title two-D or two-F, whichever is applicable, of article four
     3  of  the  real  property  tax  law  for construction of a new building or
     4  structure; or
     5    §  8.  Paragraphs  2  and 3 of subdivision (a) of section 25-aa of the
     6  general city law, as amended by section 8 of item A of subpart H of part
     7  XXX of chapter 58 of the laws of 2020, are amended to read as follows:
     8    (2) has obtained approval after the thirtieth day  of  June,  nineteen
     9  hundred  ninety-five  and  before  the  first  day of July, two thousand
    10  [twenty-three] twenty-seven, for financing by an industrial  development
    11  agency established pursuant to article eighteen-A of the general munici-
    12  pal  law, provided that such financing has been used in whole or in part
    13  to substantially improve such building or structure by  construction  or
    14  renovation,  that  expenditures  have been made for improvements to such
    15  real property in excess of twenty per centum of the value at which  such
    16  real  property  was  assessed for tax purposes for the tax year in which
    17  such improvements commenced, and that such expenditures have  been  made
    18  within  thirty-six  months after the earlier of (i) the issuance by such
    19  agency of bonds for such financing, or (ii) the conveyance of  title  to
    20  such building or structure to such agency; or
    21    (3)  is  owned  by  the  city  of New York or the New York state urban
    22  development corporation, or a subsidiary corporation  thereof,  a  lease
    23  for  which  was approved in accordance with the applicable provisions of
    24  the charter of such city or by the board of  directors  of  such  corpo-
    25  ration,  as  the  case  may be, and such approval was obtained after the
    26  thirtieth day of June, nineteen hundred ninety-five and before the first
    27  day of July, two thousand  [twenty-three]  twenty-seven,  provided  that
    28  expenditures  have  been  made for improvements to such real property in
    29  excess of twenty per centum of the value at which such real property was
    30  assessed for tax purposes for the tax year in  which  such  improvements
    31  commenced,  and  that such expenditures have been made within thirty-six
    32  months after the effective date of such lease; or
    33    § 9. Subdivision (f) of section 25-bb of  the  general  city  law,  as
    34  amended by section 9 of item A of subpart H of part XXX of chapter 58 of
    35  the laws of 2020, is amended to read as follows:
    36    (f) Application and certification. An owner or lessee of a building or
    37  structure  located  in  an  eligible revitalization area, or an agent of
    38  such owner or lessee, may apply to such  department  of  small  business
    39  services  for certification that such building or structure is an eligi-
    40  ble building or targeted  eligible  building  meeting  the  criteria  of
    41  subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
    42  Application for such certification must be filed after the thirtieth day
    43  of June, nineteen hundred ninety-five and before a  building  permit  is
    44  issued  for the construction or renovation required by such subdivisions
    45  and before the first day of July, two  thousand  [twenty-three]  twenty-
    46  seven,  provided  that no certification for a targeted eligible building
    47  shall be issued after October thirty-first, two thousand. Such  applica-
    48  tion shall identify expenditures to be made that will affect eligibility
    49  under such subdivision (a) or (q). Upon completion of such expenditures,
    50  an  applicant  shall  supplement such application to provide information
    51  (i) establishing that the criteria of such subdivision (a) or  (q)  have
    52  been  met;  (ii)  establishing  a  basis  for  determining the amount of
    53  special rebates, including a basis for  an  allocation  of  the  special
    54  rebate  among  eligible  revitalization  area energy users purchasing or
    55  otherwise receiving energy services from an  eligible  redistributor  of
    56  energy  or  a  qualified  eligible  redistributor  of  energy; and (iii)
        S. 4005--C                         32                         A. 3005--C
 
     1  supporting an allocation of charges for energy services between eligible
     2  charges and other charges. Such department shall certify a  building  or
     3  structure  as  an  eligible building or targeted eligible building after
     4  receipt  and  review  of  such information and upon a determination that
     5  such information establishes that the building or structure qualifies as
     6  an eligible building or  targeted  eligible  building.  Such  department
     7  shall  mail  such  certification or notice thereof to the applicant upon
     8  issuance. Such certification shall remain in effect provided the  eligi-
     9  ble redistributor of energy or qualified eligible redistributor of ener-
    10  gy  reports any changes that materially affect the amount of the special
    11  rebates to which it is entitled or the amount of reduction  required  by
    12  subdivision  (c) of this section in an energy services bill of an eligi-
    13  ble revitalization area energy user  and  otherwise  complies  with  the
    14  requirements  of  this article. Such department shall notify the private
    15  utility or public utility service required to make a special  rebate  to
    16  such  redistributor  of the amount of such special rebate established at
    17  the time of certification and any changes in such amount and any suspen-
    18  sion or termination by  such  department  of  certification  under  this
    19  subdivision.  Such department may require some or all of the information
    20  required as part of an application or other  report  be  provided  by  a
    21  licensed engineer.
    22    § 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
    23  trative code of the city of New York, as amended by section 10 of item A
    24  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
    25  to read as follows:
    26    (1) Non-residential premises that are  wholly  contained  in  property
    27  that  is  eligible  to  obtain  benefits under part four or part five of
    28  subchapter two of chapter two of title eleven of this code, or would  be
    29  eligible to receive benefits under such chapter except that such proper-
    30  ty  is  exempt from real property taxation and the requirements of para-
    31  graph two of subdivision g of  section  11-259  of  this  code,  or  the
    32  requirements  of  subparagraph  (b) of paragraph two of subdivision e of
    33  section 11-270 of this code, whichever  is  applicable,  have  not  been
    34  satisfied,  provided  that  application for such benefits was made after
    35  May third, nineteen hundred eighty-five and prior  to  July  first,  two
    36  thousand [twenty-three] twenty-seven, that construction or renovation of
    37  such premises was described in such application, that such premises have
    38  been  substantially  improved  by  such  construction  or  renovation so
    39  described, that the minimum required expenditure as defined in such part
    40  four or part five, whichever is applicable, has been made, and that such
    41  real property is located in an eligible area; or
    42    § 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
    43  trative code of the city of New York, as amended by section 11 of item A
    44  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    45  to read as follows:
    46    (3) non-residential premises that are wholly contained in real proper-
    47  ty  that  has obtained approval after October thirty-first, two thousand
    48  and prior to July first, two thousand  [twenty-three]  twenty-seven  for
    49  financing  by  an  industrial development agency established pursuant to
    50  article eighteen-A of the general  municipal  law,  provided  that  such
    51  financing  has  been  used  in whole or in part to substantially improve
    52  such premises (by construction or  renovation),  and  that  expenditures
    53  have  been  made for improvements to such real property in excess of ten
    54  per centum of the value at which such real property was assessed for tax
    55  purposes for the tax year in which  such  improvements  commenced,  that
    56  such  expenditures  have  been  made  within thirty-six months after the
        S. 4005--C                         33                         A. 3005--C
 
     1  earlier of (i) the issuance by such agency of bonds for such  financing,
     2  or  (ii)  the  conveyance  of title to such property to such agency, and
     3  that such real property is located in an eligible area; or
     4    § 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
     5  trative code of the city of New York, as amended by section 12 of item A
     6  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
     7  to read as follows:
     8    (5) non-residential premises that are wholly contained in real proper-
     9  ty owned by such city or the New York  state  urban  development  corpo-
    10  ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
    11  accordance with the applicable provisions of the charter of such city or
    12  by the board of directors of such corporation,  and  such  approval  was
    13  obtained  after  October  thirty-first,  two  thousand and prior to July
    14  first, two thousand [twenty-three] twenty-seven, provided, however, that
    15  such premises were constructed or renovated subsequent to such approval,
    16  that expenditures  have  been  made  subsequent  to  such  approval  for
    17  improvements  to  such  real property (by construction or renovation) in
    18  excess of ten per centum of the value at which such  real  property  was
    19  assessed  for  tax  purposes for the tax year in which such improvements
    20  commenced, that such  expenditures  have  been  made  within  thirty-six
    21  months  after the effective date of such lease, and that such real prop-
    22  erty is located in an eligible area; or
    23    § 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
    24  trative code of the city of New York, as amended by section 13 of item A
    25  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    26  to read as follows:
    27    (1)  No  eligible energy user, qualified eligible energy user, on-site
    28  cogenerator, clean on-site cogenerator or special eligible  energy  user
    29  shall  receive a rebate pursuant to this chapter until it has obtained a
    30  certification as an eligible  energy  user,  qualified  eligible  energy
    31  user, on-site cogenerator, clean on-site cogenerator or special eligible
    32  energy  user,  respectively,  from  the  commissioner  of small business
    33  services. No such certification for a  qualified  eligible  energy  user
    34  shall  be  issued  on  or  after July first, two thousand three. No such
    35  certification of any other eligible energy user, on-site cogenerator  or
    36  clean  on-site  cogenerator  shall be issued on or after July first, two
    37  thousand [twenty-three] twenty-seven.  The commissioner of  small  busi-
    38  ness  services,  after  notice  and  hearing, may revoke a certification
    39  issued pursuant to this subdivision where it is found  that  eligibility
    40  criteria  have  not  been  met  or  that  compliance with conditions for
    41  continued eligibility has not been maintained. The  corporation  counsel
    42  may  maintain  a civil action to recover an amount equal to any benefits
    43  improperly obtained.
    44    § 14. Subparagraph (b-2) of paragraph 2 of subdivision  i  of  section
    45  11-704 of the administrative code of the city of New York, as amended by
    46  section  14 of item A of subpart H of part XXX of chapter 58 of the laws
    47  of 2020, is amended to read as follows:
    48    (b-2) The amount of the special reduction allowed by this  subdivision
    49  with  respect  to  a lease other than a sublease commencing between July
    50  first, two thousand five and June thirtieth, two thousand [twenty-three]
    51  twenty-seven with an initial or renewal lease  term  of  at  least  five
    52  years shall be determined as follows:
    53    (i)  For  the  base year the amount of such special reduction shall be
    54  equal to the base rent for the base year.
    55    (ii) For the first, second,  third  and  fourth  twelve-month  periods
    56  following  the  base  year the amount of such special reduction shall be
        S. 4005--C                         34                         A. 3005--C
 
     1  equal to the lesser of (A) the base  rent  for  each  such  twelve-month
     2  period or (B) the base rent for the base year.
     3    § 15. Subdivision 9 of section 499-aa of the real property tax law, as
     4  amended  by  section 15 of item A of subpart H of part XXX of chapter 58
     5  of the laws of 2020, is amended to read as follows:
     6    9. "Eligibility period." The period commencing April  first,  nineteen
     7  hundred  ninety-five  and  terminating  March thirty-first, two thousand
     8  one, provided, however, that with respect to eligible  premises  defined
     9  in subparagraph (i) of paragraph (b) of subdivision ten of this section,
    10  the  period  commencing  July  first,  two thousand and terminating June
    11  thirtieth,  two  thousand  [twenty-four]  twenty-eight,  and   provided,
    12  further,  however,  that  with  respect  to eligible premises defined in
    13  subparagraph (ii) of paragraph (b) or paragraph (c) of  subdivision  ten
    14  of this section, the period commencing July first, two thousand five and
    15  terminating June thirtieth, two thousand [twenty-four] twenty-eight.
    16    §  16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
    17  499-cc of the real property tax law, as amended by section 16 of item  A
    18  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
    19  to read as follows:
    20    (iii) With respect to the eligible premises  defined  in  subparagraph
    21  (ii)  of  paragraph  (b)  or paragraph (c) of subdivision ten of section
    22  four hundred ninety-nine-aa of this title and for purposes of  determin-
    23  ing  whether  the  amount of expenditures required by subdivision one of
    24  this section have been satisfied, expenditures on  improvements  to  the
    25  common  areas  of an eligible building shall be included only if work on
    26  such improvements commenced and the expenditures are made  on  or  after
    27  July  first,  two  thousand five and on or before December thirty-first,
    28  two thousand [twenty-four] twenty-eight; provided, however, that expend-
    29  itures on improvements to the common areas of an eligible building  made
    30  prior  to  three  years  before the lease commencement date shall not be
    31  included.
    32    § 17. Subdivisions 5 and 9 of section 499-a of the real  property  tax
    33  law,  as  amended  by  section  17 of item A of subpart H of part XXX of
    34  chapter 58 of the laws of 2020, are amended to read as follows:
    35    5. "Benefit period." The period commencing with the first day  of  the
    36  month  immediately  following the rent commencement date and terminating
    37  no later than sixty months  thereafter,  provided,  however,  that  with
    38  respect  to a lease commencing on or after April first, nineteen hundred
    39  ninety-seven with an initial lease term of less than five years, but not
    40  less than three years, the period commencing with the first day  of  the
    41  month  immediately  following the rent commencement date and terminating
    42  no later than thirty-six months thereafter. Notwithstanding the  forego-
    43  ing  sentence, a benefit period shall expire no later than March thirty-
    44  first, two thousand [thirty] thirty-four.
    45    9. "Eligibility period." The period commencing April  first,  nineteen
    46  hundred  ninety-five  and  terminating  March thirty-first, two thousand
    47  [twenty-four] twenty-eight.
    48    § 18. Paragraph (a) of subdivision 3 of  section  499-c  of  the  real
    49  property  tax  law,  as  amended by section 18 of item A of subpart H of
    50  part XXX of chapter 58 of the laws  of  2020,  is  amended  to  read  as
    51  follows:
    52    (a)  For  purposes  of  determining whether the amount of expenditures
    53  required by subdivision one of this section have been satisfied, expend-
    54  itures on improvements to the common areas of an eligible building shall
    55  be included only if work on such improvements commenced and the expendi-
    56  tures are made on or after April first, nineteen hundred ninety-five and
        S. 4005--C                         35                         A. 3005--C

     1  on or before September thirtieth,  two  thousand  [twenty-four]  twenty-
     2  eight;  provided,  however,  that  expenditures  on  improvements to the
     3  common areas of an eligible building made prior to  three  years  before
     4  the lease commencement date shall not be included.
     5    §  19. Subdivision 8 of section 499-d of the real property tax law, as
     6  amended by section 19 of item A of subpart H of part XXX of  chapter  58
     7  of the laws of 2020, is amended to read as follows:
     8    8.  Leases  commencing on or after April first, nineteen hundred nine-
     9  ty-seven shall be subject to the provisions of this title as amended  by
    10  chapter  six hundred twenty-nine of the laws of nineteen hundred ninety-
    11  seven, chapter one hundred eighteen of the laws  of  two  thousand  one,
    12  chapter  four  hundred  forty of the laws of two thousand three, chapter
    13  sixty of the laws of two thousand seven, chapter twenty-two of the  laws
    14  of  two  thousand  ten,  chapter  fifty-nine of the laws of two thousand
    15  fourteen, chapter twenty of the laws of two  thousand  fifteen,  chapter
    16  sixty-one  of  the  laws  of  two  thousand seventeen [and the], chapter
    17  fifty-eight of the laws of two thousand twenty, and the chapter  of  the
    18  laws  of  two  thousand  twenty-three that amended this phrase. Notwith-
    19  standing any other provision of law to the  contrary,  with  respect  to
    20  leases  commencing on or after April first, nineteen hundred ninety-sev-
    21  en, an application for a certificate of abatement  shall  be  considered
    22  timely filed if filed within one hundred eighty days following the lease
    23  commencement  date  or  within sixty days following the date chapter six
    24  hundred twenty-nine of the laws of nineteen hundred ninety-seven  became
    25  a law, whichever is later.
    26    §  20.  Subparagraph  (a)  of  paragraph 2 of subdivision i of section
    27  11-704 of the administrative code of the city of New York, as amended by
    28  section 20 of item A of subpart H of part XXX of chapter 58 of the  laws
    29  of 2020, is amended to read as follows:
    30    (a) An eligible tenant of eligible taxable premises shall be allowed a
    31  special reduction in determining the taxable base rent for such eligible
    32  taxable  premises.  Such special reduction shall be allowed with respect
    33  to the rent for such eligible taxable premises for a period not  exceed-
    34  ing  sixty  months  or,  with  respect to a lease commencing on or after
    35  April first, nineteen hundred ninety-seven with an initial lease term of
    36  less than five years, but not less than three years, for  a  period  not
    37  exceeding  thirty-six  months,  commencing on the rent commencement date
    38  applicable to such eligible taxable premises, provided, however, that in
    39  no event shall any special reduction be allowed for any period beginning
    40  after March  thirty-first,  two  thousand  [thirty]  thirty-four.    For
    41  purposes  of applying such special reduction, the base rent for the base
    42  year shall, where necessary to  determine  the  amount  of  the  special
    43  reduction  allowable with respect to any number of months falling within
    44  a tax period, be prorated by dividing the base rent for the base year by
    45  twelve and multiplying the result by such number of months.
    46    § 21. This act shall take effect immediately; provided, however,  that
    47  if  this  act  shall become a law after June 30, 2023, this act shall be
    48  deemed to have been in full force and effect on and after June 30, 2023;
    49  provided further, however, that the amendments to  subparagraph  (A)  of
    50  paragraph  7  of subdivision (ee) of section 1115 of the tax law made by
    51  section one of this act shall not affect the repeal of such  subdivision
    52  and shall be repealed therewith.
 
    53                                   PART BB
        S. 4005--C                         36                         A. 3005--C
 
     1    Section  1.  Subdivision 12 of section 239-bb of the general municipal
     2  law is REPEALED.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART CC
 
     5                            Intentionally Omitted
 
     6                                   PART DD
 
     7    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
     8  legislative  law and the state finance law relating to the operation and
     9  administration of the legislature, as amended by section 1 of part II of
    10  chapter 55 of the laws of 2022, is amended to read as follows:
    11    § 13. This act shall take effect immediately and shall  be  deemed  to
    12  have  been  in full force and effect as of April 1, 1994, provided that,
    13  the provisions of section 5-a of  the  legislative  law  as  amended  by
    14  sections two and two-a of this act shall take effect on January 1, 1995,
    15  and provided further that, the provisions of article 5-A of the legisla-
    16  tive  law  as  added  by section eight of this act shall expire June 30,
    17  [2023] 2024 when upon such date the provisions of such article shall  be
    18  deemed  repealed;  and  provided further that section twelve of this act
    19  shall be deemed to have been in full force and effect on and after April
    20  10, 1994.
    21    § 2. This act shall not supersede the findings and determinations made
    22  by the compensation committee as authorized  pursuant  to  part  HHH  of
    23  chapter  59 of the laws of 2018 unless a court of competent jurisdiction
    24  determines that such findings and determinations are invalid  or  other-
    25  wise not applicable or in force.
    26    §  3.  This  act  shall take effect immediately, provided, however, if
    27  this act shall take effect on or after June 30, 2023, this act shall  be
    28  deemed to have been in full force and effect on and after June 30, 2023.
 
    29                                   PART EE
 
    30    Section  1.  Paragraph (b) of subdivision 5 of section 50 of the civil
    31  service law, as amended by section 35 of part PP of chapter  56  of  the
    32  laws of 2022, is amended to read as follows:
    33    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    34  sion, the state civil service department, subject to the approval of the
    35  director of the budget, a municipal commission, subject to the  approval
    36  of  the  governing  board or body of the city or county, as the case may
    37  be, or a regional commission or personnel officer, pursuant  to  govern-
    38  mental  agreement,  may  elect  to waive application fees, or to abolish
    39  fees for specific classes of  positions  or  types  of  examinations  or
    40  candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
    41  different from those prescribed in paragraph (a)  of  this  subdivision,
    42  specifying  in  such schedule the classes of positions or types of exam-
    43  inations or candidates to which such fees shall apply; provided,  howev-
    44  er,  that  fees  shall be waived for candidates who certify to the state
    45  civil service department, a municipal commission or a  regional  commis-
    46  sion  that they are unemployed and primarily responsible for the support
    47  of a household, or are receiving public  assistance.  Provided  further,
    48  the state civil service department shall waive the state application fee
    49  for  examinations  for  original  appointment for all veterans. Provided
    50  further, the state civil  service  department  shall,  and  a  municipal
        S. 4005--C                         37                         A. 3005--C
 
     1  commission  may,  subject to the approval of the governing board or body
     2  of the city or county, as the case may be, or a regional  commission  or
     3  personnel officer, pursuant to governmental agreement, waive application
     4  fees  for all examinations held between July first, two thousand twenty-
     5  three and December thirty-first, two thousand twenty-five. Notwithstand-
     6  ing any other provision of law, for purposes of this section,  the  term
     7  "veteran"  shall mean a person who has served in the armed forces of the
     8  United States or the reserves thereof, or in the  army  national  guard,
     9  air  national  guard, New York guard, or the New York naval militia, and
    10  who (1) has been honorably discharged  or  released  from  such  service
    11  under  honorable  conditions,  or  (2)  has  a  qualifying condition, as
    12  defined in section one of the veterans' services law, and has received a
    13  discharge other than bad conduct or dishonorable from such  service,  or
    14  (3)  is  a  discharged  LGBT  veteran,  as defined in section one of the
    15  veterans' services law, and has received  a  discharge  other  than  bad
    16  conduct or dishonorable from such service. The term "armed forces" shall
    17  mean the army, navy, air force, marine corps, and coast guard.
    18    §  2.  This  act shall take effect immediately and shall expire and be
    19  deemed repealed on December 31, 2025; provided that this  act  shall  be
    20  deemed to have been in full force and effect on and after April 1, 2023.
 
    21                                   PART FF
 
    22    Section 1. Subdivision 2 of section 99-l of the general municipal law,
    23  as  amended  by  chapter  388 of the laws of 2012, is amended to read as
    24  follows:
    25    2. The [counties] county of Nassau [and Suffolk] shall be entitled  to
    26  receive the amounts set forth in subdivision one of this section for the
    27  services  of  [their  respective]  Nassau  county  traffic  and  parking
    28  violations agency.
    29    § 2. Section 99-l of the general municipal law is amended by adding  a
    30  new subdivision 3 to read as follows:
    31    3.  The county of Suffolk shall be entitled to receive the amounts set
    32  forth in subdivision one of this section for the services of the Suffolk
    33  county traffic and parking violations agency.
    34    § 3. This act shall take effect immediately; provided,  however,  that
    35  the amendments to subdivision 2 of section 99-l of the general municipal
    36  law  made  by section one of this act shall take effect on the same date
    37  as the reversion of subdivision 2 of section 99-l of the general munici-
    38  pal law as provided in section 6 of chapter 179 of the laws of 2000,  as
    39  amended.
 
    40                                   PART GG
 
    41    Section  1.  Section 89-e of the retirement and social security law is
    42  amended by adding a new subdivision k to read as follows:
    43    k. Notwithstanding any provision of  law  to  the  contrary,  where  a
    44  correction  officer  would have been entitled to retire pursuant to this
    45  section at the time of his or her death  and  where  his  or  her  death
    46  occurs  on or after the effective date of the chapter of the laws of two
    47  thousand twenty-three that added this subdivision,  the  beneficiary  or
    48  beneficiaries  may  elect  to  receive, in a lump sum, an amount payable
    49  which shall be equal to the pension reserve that would have been  estab-
    50  lished  had  the  member retired on the date of his or her death, or the
    51  value of the death benefit and the  reserve-for-increased-take-home-pay,
    52  if any, whichever is greater.
        S. 4005--C                         38                         A. 3005--C
 
     1    § 2. The retirement and social security law is amended by adding a new
     2  section 606-c to read as follows:
     3    §  606-c. Death benefits for correction officers employed by Westches-
     4  ter county. a. As used in this section, the  term  "correction  officer"
     5  shall  mean  a  person  employed  by  the  Westchester county correction
     6  department with a title of correction officer,  correction  officer-ser-
     7  geant, correction officer-captain, assistant warden, associate warden or
     8  warden.
     9    b.  Notwithstanding  any  provision  of  law  to the contrary, where a
    10  correction officer would have been  entitled  to  a  service  retirement
    11  benefit  at  the  time  of  his  or her death and where his or her death
    12  occurs on or after the effective date of the chapter of the laws of  two
    13  thousand  twenty-three that added this section, the beneficiary or bene-
    14  ficiaries may elect to receive, in a lump sum, an amount  payable  which
    15  shall  be  equal to the pension reserve that would have been established
    16  had the member retired on the date of his or her death, or the value  of
    17  the  death  benefit and the reserve-for-increased-take-home-pay, if any,
    18  whichever is greater.
    19    §  3.  All  past  service  costs  associated  with  implementing   the
    20  provisions  of  this act shall be borne by the county of Westchester and
    21  may be amortized over a period of ten years.
    22    § 4. Notwithstanding any other provision of law to the contrary,  none
    23  of  the  provisions  of  this  act shall be subject to the appropriation
    24  requirement of section 25 of the retirement and social security law.
    25    § 5. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would modify the in-service death  benefit  for  Westchester
        County  correction  officers  in Tiers 2 through 6. The in-service death
        benefit will be the value of the pension reserve as if  the  member  had
        retired on their date of death.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that  there  will be an increase of approximately $110,000 in the
        annual contributions of Westchester County for the  fiscal  year  ending
        March  31,  2024.  In  future  years, this cost will vary as the billing
        rates and salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $812,000 which  will  be
        borne by Westchester County as a one-time payment. This estimate assumes
        that  payment  will  be  made on February 1, 2024. If Westchester County
        elects to amortize this cost over a 10-year period,  the  cost  for  the
        first year including interest would be $104,000.
          These  estimated  costs  are based on 821 affected members employed by
        Westchester County, with annual salary of approximately $103 million  as
        of March 31, 2022.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, and the Codes, Rules and Regulations of the State  of  New  York:
        Audit and Control.
        S. 4005--C                         39                         A. 3005--C
 
          The Market Assets and GASB Disclosures are found in the March 31, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  January  11,  2023,  and intended for use only
        during the  2023  Legislative  Session,  is  Fiscal  Note  No.  2023-20,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
 
     1                                   PART HH
 
     2    Section 1. Paragraph 2 of subdivision c of section 513 of the  retire-
     3  ment  and  social  security  law, as added by chapter 890 of the laws of
     4  1976, is amended to read as follows:
     5    2. (i) A police/fire member shall be eligible  to  obtain  credit  for
     6  service  with  a public employer described in paragraph one only if such
     7  service, if rendered prior to July first, nineteen  hundred  seventy-six
     8  by  a police/fire member who was subject to article eleven of this chap-
     9  ter, would have been eligible for credit in the  police/fire  retirement
    10  system or plan involved.
    11    (ii)  Notwithstanding  any  other  provision of law to the contrary, a
    12  member of the New York city fire department pension fund subject to this
    13  article shall be eligible to obtain credit for any period  of  allowable
    14  service  rendered as an EMT member, as such term is defined in paragraph
    15  one of subdivision a of section six hundred four-e of this  chapter,  as
    16  added by chapter five hundred seventy-seven of the laws of two thousand,
    17  which  immediately  precedes  service in the uniformed force of the fire
    18  department and such service shall be deemed to  be  in  service  of  the
    19  uniformed  force  of the fire department for purposes of eligibility for
    20  benefits and to determine the amount of benefits under the New York city
    21  fire department pension fund, provided that such member pays  or  trans-
    22  fers  into  the  New  York  city fire department pension fund all member
    23  contributions set forth in section five hundred seventeen of this  arti-
    24  cle plus interest, at a rate of five percent per annum. For a member who
    25  transfers  such  contributions from the New York city employees' retire-
    26  ment system to the New York city fire department pension fund or  for  a
    27  member  who  withdraws such contributions from the New York city employ-
    28  ees' retirement system, such member's membership in the  New  York  city
    29  employees'  retirement  system  shall  cease upon such transfer or with-
    30  drawal and such member shall retain no credited service in such system.
    31    (iii) The provisions of this paragraph shall apply to  a  member  with
    32  ten  or  more  years of credited service in the New York city employees'
    33  retirement system, notwithstanding the provisions of section six hundred
    34  thirteen of this chapter or any other provision of law to the contrary.
    35    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY OF BILL: This proposed legislation would amend  subdivision  c
        of section 513 of the Retirement and Social Security Law (RSSL) to allow
        New  York  City  Fire  Pension Fund (FIRE) members subject to Article 14
        (Tier 3, Tier 3 Modified, and Tier 3 Enhanced) to obtain service  credit
        for  service  rendered as an emergency medical technician (EMT) with the
        New York City Employee's Retirement System (NYCERS).
          The EMT service credit with NYCERS must immediately precede service in
        FIRE. If properly transferred or purchased, such service shall be deemed
        S. 4005--C                         40                         A. 3005--C
 
        as pensionable service for purposes of determining the  eligibility  for
        benefits and benefit amounts in FIRE.
          Upon  attaining  eligible  service  credit with FIRE, the member would
        relinquish prior membership and applicable benefits with NYCERS.
          Effective Date: Upon enactment.
          IMPACT ON BENEFITS/PAYABILITY: Currently, the purchase or transfer  of
        service  rendered  as a NYCERS EMT member does not provide an additional
        service retirement benefit for FIRE members subject to Article 14.
          Under the proposed legislation, EMT service transferred  or  purchased
        would  count for purposes of determining benefit amounts and eligibility
        in FIRE and would increase and/or  accelerate  the  payability  date  of
        benefits.
          MEMBER  CONTRIBUTIONS:  Member contributions as defined in Article 14,
        plus 5.0% annual interest, for  EMT  service  purchased  or  transferred
        would apply.
          Member  contributions  made  as  a  NYCERS EMT member in excess of the
        amount required would, if not otherwise utilized for a  separate  vested
        benefit, be refunded with 5.0% annual interest.
          FINANCIAL  IMPACT  -  PRESENT VALUES: Based on the census data and the
        actuarial assumptions and methods described  herein,  the  enactment  of
        this  proposed  legislation  would  result in an increase in the present
        value of future employer contributions of approximately $19.3 million.
          This net increase is a result of an increase in the Present  Value  of
        Future  Benefits (PVFB) of approximately $16.7 million and a decrease in
        the present value of member contributions of approximately $2.6 million.
          Under the Entry Age Normal cost method used to determine the  employer
        contributions  to  FIRE,  there  would  be  an  increase in the Unfunded
        Accrued Liability (UAL) of  approximately  $40.6  million  offset  by  a
        decrease in the present value of future employer Normal Cost of approxi-
        mately $21.3 million.
          FINANCIAL  IMPACT  -  ANNUAL  EMPLOYER CONTRIBUTIONS: The enactment of
        this proposed legislation would result in an initial increase in  annual
        employer contributions of approximately $3.9 million which is the result
        of  a decrease in the Normal Cost offset by the UAL payment. The average
        annual employer cost per member included in this fiscal note is approxi-
        mately $3,100.
          New UAL attributable to benefit changes are generally  amortized  over
        the remaining working lifetime of those impacted by the benefit changes.
        The  remaining working lifetime for this group is approximately 19 years
        and the increase in UAL was therefore amortized over  a  19-year  period
        (18  payments  under  the  One-Year  Lag Methodology) using level dollar
        payments.
          CENSUS DATA: The estimates presented herein are based  on  the  census
        data  used in the June 30, 2022 actuarial valuation of FIRE to determine
        the Preliminary Fiscal Year 2024 employer contributions.
          There are an estimated 1,261 active FIRE Tier 3 members as of June 30,
        2022 who could potentially benefit  from  the  proposed  legislation  by
        purchasing or transferring service earned as an EMT member. These active
        members  had an average age of approximately 32.3 years, average service
        of approximately 5.3 years (before purchasing any  additional  service),
        and an average salary of approximately $98,500.
          On  average,  the  1,261  active  FIRE Tier 3 members would be able to
        purchase 3.0 years of service earned as an EMT member with an  estimated
        purchase cost of $7,400 per former EMT member as of June 30, 2022.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been  calculated  based  on  the actuarial assumptions and methods to be
        S. 4005--C                         41                         A. 3005--C
 
        used for the Preliminary Fiscal  Year  2024  employer  contributions  of
        FIRE.
          For  the  purposes of this Fiscal Note, it is assumed that the changes
        would be reflected for the first time in the  June  30,  2022  actuarial
        valuation  of  FIRE  used to determine employer contributions for Fiscal
        Year 2024.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, demograph-
        ics of the impacted population and other  factors  such  as  investment,
        contribution,  and other risks. If actual experience deviates from actu-
        arial assumptions, the actual costs could differ  from  those  presented
        herein.
          Costs  are also dependent on the actuarial methods used, and therefore
        different actuarial methods could produce different results. Quantifying
        these risks is beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          * The employer costs for service  purchased  by  future  FIRE  Tier  3
        members  for  service  earned as an EMT member. However, as noted above,
        the average annual employer cost per member included in this Fiscal Note
        is approximately $3,100.
          * The  initial,  additional  administrative  costs  to  implement  the
        proposed legislation.
          *  The  impact  of  this  proposed legislation on Other Postemployment
        Benefit costs.
          STATEMENT OF ACTUARIAL OPINION: I, Marek  Tyszkiewicz,  am  the  Chief
        Actuary  for,  and  independent of, the New York City Retirement Systems
        and Pension Funds. I am an Associate of the Society of Actuaries  and  a
        Member  of  the  American Academy of Actuaries. I meet the Qualification
        Standards of the American Academy of Actuaries to render  the  actuarial
        opinion  contained  herein.  To  the  best  of my knowledge, the results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted  actuarial  principles  and  procedures  and with the Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note  2023-01  dated  February
        10,  2023  was  prepared by the Chief Actuary for the New York City Fire
        Pension Fund.  This estimate is intended for use only  during  the  2023
        Legislative Session.
 
     1                                   PART II
 
     2    Section 1.  Section 63-g of the retirement and social security law, as
     3  added by chapter 714 of the laws of 2021, is amended to read as follows:
     4    § 63-g. Disability benefits; certain disabilities. Notwithstanding any
     5  provision of this chapter or of any general, special or local law to the
     6  contrary,  any member who is a county fire marshal, fire marshal, super-
     7  vising fire marshal, division supervising fire marshal, assistant  chief
     8  fire  marshal,  chief  fire  marshal,  assistant  fire  marshal, or fire
     9  marshal trainee employed by Nassau county who contracts any condition of
    10  impairment of health caused by diseases of the heart, resulting in disa-
    11  bility or death to such county fire marshal, fire  marshal,  supervising
    12  fire  marshal,  division  supervising fire marshal, assistant chief fire
    13  marshal, chief fire marshal, assistant fire  marshal,  or  fire  marshal
    14  trainee, presently employed, and who shall have sustained such disabili-
    15  ty while so employed, shall be presumptive evidence that such disability
    16  was  incurred  in  the performance and discharge of duty and the natural
    17  and proximate result of an accident, unless the contrary  be  proved  by
        S. 4005--C                         42                         A. 3005--C
 
     1  competent evidence; provided, however, that prior to entry into service,
     2  such  county fire marshal, fire marshal, supervising fire marshal, divi-
     3  sion supervising fire marshal, assistant chief fire marshal, chief  fire
     4  marshal,  assistant  fire  marshal, or fire marshal trainee successfully
     5  passed a physical examination which failed to disclose evidence  of  any
     6  disease or other impairment of the heart.
     7    § 2. The retirement and social security law is amended by adding a new
     8  section 63-i to read as follows:
     9    §  63-i.   Death benefits for fire marshals employed by Nassau county.
    10  a.  As used in this section, the term "fire marshal" shall mean a member
    11  who is employed by Nassau county with a title of  county  fire  marshal,
    12  supervising  fire marshal, fire marshal, assistant fire marshal, assist-
    13  ant chief fire marshal, chief fire  marshal,  and  division  supervising
    14  fire marshal.
    15    b.  Notwithstanding any provision of law to the contrary, where a fire
    16  marshal  would have been entitled to a service retirement benefit at the
    17  time of his or her death and where his or her death occurs on  or  after
    18  the effective date of this section, the beneficiary or beneficiaries may
    19  elect  to receive, in a lump sum, an amount payable which shall be equal
    20  to the pension reserve that would have been established had  the  member
    21  retired on the date of his or her death, or the value of the death bene-
    22  fit  and  the  reserve-for-increased-take-home-pay, if any, whichever is
    23  greater.
    24    § 3. Subdivisions a and j of section 89-w of the retirement and social
    25  security law, as added by chapter 295 of the laws of 2007,  are  amended
    26  to read as follows:
    27    a.  A  member  who  serves  as a county fire marshal, supervising fire
    28  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
    29  marshal  [or],  chief  fire marshal or division supervising fire marshal
    30  and is employed by the county of Nassau  shall  be  eligible  to  retire
    31  pursuant to the provisions of this section. Such eligibility shall be an
    32  alternative to the eligibility provisions available under any other plan
    33  of this article to which such member is subject. The county executive of
    34  the  county of Nassau shall certify to the comptroller, periodically and
    35  at such intervals of time as may be required of him or her and  in  such
    36  fashion  as  may be prescribed, the identity of the eligible county fire
    37  marshal,  supervising  fire  marshals,  fire  marshals,  assistant  fire
    38  marshals,  assistant  chief fire marshals [and], chief fire marshals and
    39  division supervising fire marshals in his or her employ.
    40    j. Notwithstanding any provision of  this  section  or  of  any  other
    41  provision of law to the contrary, county fire marshals, supervising fire
    42  marshals,  fire  marshals, assistant fire marshals, assistant chief fire
    43  marshals [and],  chief  fire  marshals  and  division  supervising  fire
    44  marshals  must  serve  five  years within the Nassau county fire marshal
    45  department after the effective date of  this  section  before  they  are
    46  eligible  to retire under the provisions of the twenty-five year retire-
    47  ment plan.
    48    § 4. Subdivision a of section 445 of the retirement and social securi-
    49  ty law, as amended by chapter 245 of the laws of  2021,  is  amended  to
    50  read as follows:
    51    a.  No  member of a retirement system who is subject to the provisions
    52  of this article shall retire without regard to age, exclusive of retire-
    53  ment for disability, unless he or she is a police officer,  an  investi-
    54  gator  member  of  the New York city employees' retirement system, fire-
    55  fighter, correction officer, a qualifying member as defined  in  section
    56  eighty-nine-t,  as  added by chapter six hundred fifty-seven of the laws
        S. 4005--C                         43                         A. 3005--C
 
     1  of nineteen hundred ninety-eight, of this chapter, sanitation worker,  a
     2  special  officer  (including persons employed by the city of New York in
     3  the title urban park ranger or  associate  urban  park  ranger),  school
     4  safety  agent,  campus  peace officer or a taxi and limousine commission
     5  inspector member of the New York city employees'  retirement  system  or
     6  the  New  York  city  board of education retirement system, a dispatcher
     7  member of the New York  city  employees'  retirement  system,  a  police
     8  communications member of the New York city employees' retirement system,
     9  an EMT member of the New York city employees' retirement system, a depu-
    10  ty  sheriff  member of the New York city employees' retirement system, a
    11  correction officer of the Westchester county  correction  department  as
    12  defined  in section eighty-nine-e of this chapter or employed in Suffolk
    13  county as a peace officer, as defined in section eighty-nine-s, as added
    14  by chapter five hundred eighty-eight of the  laws  of  nineteen  hundred
    15  ninety-seven,   of  this  chapter,  employed  in  Suffolk  county  as  a
    16  correction officer, as defined in section eighty-nine-f of this chapter,
    17  or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
    18  correction  division personnel, sheriff, undersheriff or deputy sheriff,
    19  as defined in section eighty-nine-g of  this  chapter,  or  employed  in
    20  Nassau  county  as an ambulance medical technician, an ambulance medical
    21  technician/supervisor or a member who performs ambulance medical techni-
    22  cian related services, or a police medic, police medic supervisor  or  a
    23  member who performs police medic related services, as defined in section
    24  eighty-nine-s,  as  amended by chapter five hundred seventy-eight of the
    25  laws of nineteen hundred ninety-eight, of this chapter, or  employed  in
    26  Nassau  county  as a peace officer, as defined in section eighty-nine-s,
    27  as added by chapter five hundred ninety-five of  the  laws  of  nineteen
    28  hundred ninety-seven, of this chapter, or employed in Albany county as a
    29  sheriff, undersheriff, deputy sheriff, correction officer or identifica-
    30  tion  officer, as defined in section eighty-nine-h of this chapter or is
    31  employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
    32  iff or correction officer, as defined in section eighty-nine-i  of  this
    33  chapter  or  is  employed  in Orleans county as a sheriff, undersheriff,
    34  deputy  sheriff  or  correction   officer,   as   defined   in   section
    35  eighty-nine-l  of  this  chapter or is employed in Jefferson county as a
    36  sheriff, undersheriff, deputy sheriff or correction officer, as  defined
    37  in  section  eighty-nine-j  of  this  chapter or is employed in Onondaga
    38  county as a deputy sheriff-jail division competitively appointed or as a
    39  correction officer, as defined in section eighty-nine-k of this  chapter
    40  or  is  employed in a county which makes an election under subdivision j
    41  of section eighty-nine-p of this chapter  as  a  sheriff,  undersheriff,
    42  deputy  sheriff or correction officer as defined in such section eighty-
    43  nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
    44  ty sheriff or correction officer, as defined in section eighty-nine-m of
    45  this chapter or is a Monroe county  deputy  sheriff-court  security,  or
    46  deputy  sheriff-jailor  as defined in section eighty-nine-n, as added by
    47  chapter five hundred ninety-seven of the laws of nineteen hundred  nine-
    48  ty-one,  of  this  chapter or is employed in Greene county as a sheriff,
    49  undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
    50  section  eighty-nine-o  of this chapter or is a traffic officer with the
    51  town of Elmira as defined in section eighty-nine-q of this chapter or is
    52  employed by Suffolk county as a  park  police  officer,  as  defined  in
    53  section  eighty-nine-r of this chapter or is a peace officer employed by
    54  a county probation department as defined in  section  eighty-nine-t,  as
    55  added by chapter six hundred three of the laws of nineteen hundred nine-
    56  ty-eight,  of this chapter or is employed in Rockland county as a deputy
        S. 4005--C                         44                         A. 3005--C
 
     1  sheriff-civil as defined in section eighty-nine-v  of  this  chapter  as
     2  added by chapter four hundred forty-one of the laws of two thousand one,
     3  or  is  employed  in Rockland county as a superior correction officer as
     4  defined  in  section  eighty-nine-v  of this chapter as added by chapter
     5  five hundred fifty-six of the laws of two thousand one or is a paramedic
     6  employed by the police department in the town of Tonawanda  and  retires
     7  under  the provisions of section eighty-nine-v of this chapter, as added
     8  by chapter four hundred seventy-two of the laws of two thousand one,  or
     9  is  a  county  fire  marshal,  supervising  fire  marshal, fire marshal,
    10  assistant fire marshal, assistant chief fire marshal  [or],  chief  fire
    11  marshal,  division  supervising  fire  marshal  or  fire marshal trainee
    12  employed by the county of Nassau as defined in section eighty-nine-w  of
    13  this  chapter  and  is in a plan which permits immediate retirement upon
    14  completion of a specified period  of  service  without  regard  to  age.
    15  Except as provided in subdivision c of section four hundred forty-five-a
    16  of  this  article, subdivision c of section four hundred forty-five-b of
    17  this article, subdivision c of section four hundred forty-five-c of this
    18  article, subdivision c of section  four  hundred  forty-five-d  of  this
    19  article,  subdivision  c  of  section  four hundred forty-five-e of this
    20  article, subdivision c of section  four  hundred  forty-five-f  of  this
    21  article  and  subdivision c of section four hundred forty-five-h of this
    22  article, a member in such a plan and such an occupation,  other  than  a
    23  police  officer  or  investigator member of the New York city employees'
    24  retirement system or a firefighter, shall not  be  permitted  to  retire
    25  prior  to  the  completion  of  twenty-five  years  of credited service;
    26  provided, however, if such a member in such an occupation is in  a  plan
    27  which  permits  retirement  upon  completion  of twenty years of service
    28  regardless of age, he or she may retire upon completion of twenty  years
    29  of  credited service and prior to the completion of twenty-five years of
    30  service, but in such event the benefit provided from  funds  other  than
    31  those  based  on  such a member's own contributions shall not exceed two
    32  per centum of final average salary per each year of credited service.
    33    § 5. The retirement and social security law is amended by adding a new
    34  section 508-c to read as follows:
    35    § 508-c.  Death benefits for fire marshals employed by Nassau  county.
    36  a.  As used in this section, the term "fire marshal" shall mean a member
    37  who  is  employed  by Nassau county with a title of county fire marshal,
    38  supervising fire marshal, fire marshal, assistant fire marshal,  assist-
    39  ant chief fire marshal, chief fire marshal, or division supervising fire
    40  marshal.
    41    b.  Notwithstanding any provision of law to the contrary, where a fire
    42  marshal  would have been entitled to a service retirement benefit at the
    43  time of his or her death and where his or her death occurs on  or  after
    44  the effective date of this section, the beneficiary or beneficiaries may
    45  elect  to receive, in a lump sum, an amount payable which shall be equal
    46  to the pension reserve that would have been established had  the  member
    47  retired on the date of his or her death, or the value of the death bene-
    48  fit  and  the  reserve-for-increased-take-home-pay, if any, whichever is
    49  greater.
    50    § 6. Subdivision s of section 603 of the retirement and social securi-
    51  ty law, as added by chapter 295 of the laws of 2007, is amended to  read
    52  as follows:
    53    s.  The  service  retirement  benefit specified in section six hundred
    54  four of this article shall be payable to members with twenty-five  years
    55  of  creditable  service,  without regard to age, who are employed in the
    56  county of Nassau as a county fire  marshal,  supervising  fire  marshal,
        S. 4005--C                         45                         A. 3005--C
 
     1  fire marshal, assistant fire marshal, assistant chief fire marshal [or],
     2  chief  fire  marshal  or division supervising fire marshal as defined in
     3  section eighty-nine-w of this chapter if: (i) such members have met  the
     4  minimum  service requirements upon retirement, and (ii) in the case of a
     5  member subject to the provisions of article fourteen  of  this  chapter,
     6  such  member  files  an  election therefor which provides that he or she
     7  will be subject to the provisions of this article and  to  none  of  the
     8  provisions  of  such  article  fourteen.   Such election, which shall be
     9  irrevocable, shall be in writing, duly executed and shall be filed  with
    10  the  comptroller  within one year of the effective date of this subdivi-
    11  sion or within one year after entering the employment with  such  county
    12  upon which eligibility is based, whichever comes later. For the purposes
    13  of  this subdivision, the term "creditable service" shall have the mean-
    14  ing as so defined in both sections eighty-nine-w and six hundred one  of
    15  this chapter.
    16    § 7. Subdivision t of section 604 of the retirement and social securi-
    17  ty  law, as added by chapter 295 of the laws of 2007, is amended to read
    18  as follows:
    19    t. The early service retirement benefit for a member who  is  employed
    20  in  the  county  of  Nassau  as  a county fire marshal, supervising fire
    21  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
    22  marshal [or], chief fire marshal or division supervising fire marshal as
    23  defined  in  section  eighty-nine-w  of  this chapter shall be a pension
    24  equal to one-fiftieth of final average salary times  years  of  credited
    25  service at the completion of twenty-five years of service as such county
    26  fire  marshal,  supervising  fire  marshal, fire marshal, assistant fire
    27  marshal, assistant chief fire marshal [or], chief fire marshal or  divi-
    28  sion  supervising fire marshal, but not exceeding one-half of his or her
    29  final average salary.
    30    § 8. The opening paragraph of  subdivision  a  and  subdivision  g  of
    31  section  605-d  of  the  retirement and social security law, as added by
    32  chapter 416 of the laws of 2013, are amended to read as follows:
    33    A member employed as  a  chief  fire  marshal,  assistant  chief  fire
    34  marshal,  division  supervising  fire marshal, supervising fire marshal,
    35  fire marshal or fire marshal trainee in Nassau county shall be  entitled
    36  to  an accidental disability retirement allowance if, at the time appli-
    37  cation therefor is filed, such member is:
    38    g. Notwithstanding any other provision  of  law,  this  section  shall
    39  apply  to  chief  fire marshals, assistant chief fire marshals, division
    40  supervising fire marshals, supervising fire marshals, fire marshals  and
    41  fire  marshal  trainees in Nassau county who were hired on or after July
    42  twenty-seventh, nineteen hundred seventy-six.
    43    § 9. Section 605-f of the retirement and social security law, as added
    44  by chapter 714 of the laws of 2021, is amended to read as follows:
    45    § 605-f. Disability benefits;  certain  disabilities.  Notwithstanding
    46  any provision of this chapter or of any general, special or local law to
    47  the  contrary,  any  member  who is a county fire marshal, fire marshal,
    48  supervising fire marshal, division supervising fire  marshal,  assistant
    49  chief  fire marshal, chief fire marshal, assistant fire marshal, or fire
    50  marshal trainee employed by Nassau county who contracts any condition of
    51  impairment of health caused by diseases of the heart, resulting in disa-
    52  bility or death to such county fire marshal, fire  marshal,  supervising
    53  fire  marshal,  division  supervising fire marshal, assistant chief fire
    54  marshal, chief fire marshal, assistant fire  marshal,  or  fire  marshal
    55  trainee, presently employed, and who shall have sustained such disabili-
    56  ty while so employed, shall be presumptive evidence that such disability
        S. 4005--C                         46                         A. 3005--C
 
     1  was  incurred  in  the performance and discharge of duty and the natural
     2  and proximate result of an accident, unless the contrary  be  proved  by
     3  competent evidence; provided, however, that prior to entry into service,
     4  such  county fire marshal, fire marshal, supervising fire marshal, divi-
     5  sion supervising fire marshal, assistant chief fire marshal, chief  fire
     6  marshal,  assistant  fire  marshal, or fire marshal trainee successfully
     7  passed a physical examination which failed to disclose evidence  of  any
     8  disease or other impairment of the heart.
     9    §  10.  The  retirement and social security law is amended by adding a
    10  new section 606-c to read as follows:
    11    § 606-c. Death benefits for fire marshals employed by  Nassau  county.
    12  a.  As used in this section, the term "fire marshal" shall mean a member
    13  who  is  employed  by Nassau county with a title of county fire marshal,
    14  supervising fire marshal, fire marshal, assistant fire marshal,  assist-
    15  ant chief fire marshal, chief fire marshal, or division supervising fire
    16  marshal.
    17    b.  Notwithstanding any provision of law to the contrary, where a fire
    18  marshal would have been entitled to a service retirement benefit at  the
    19  time  of  his or her death and where his or her death occurs on or after
    20  the effective date of this section, the beneficiary or beneficiaries may
    21  elect to receive, in a lump sum, an amount payable which shall be  equal
    22  to  the  pension reserve that would have been established had the member
    23  retired on the date of his or her death, or the value of the death bene-
    24  fit and the reserve-for-increased-take-home-pay, if  any,  whichever  is
    25  greater.
    26    §  11.  Subdivision  a  of  section 607-j of the retirement and social
    27  security law, as added by chapter 524 of the laws of 2021, is amended to
    28  read as follows:
    29    a. The county of Nassau shall make the benefits provided herein avail-
    30  able to county fire marshals, chief fire marshals, assistant chief  fire
    31  marshals, division supervising fire marshals, supervising fire marshals,
    32  fire  marshals, assistant fire marshals and fire marshal trainees in the
    33  employ of Nassau county.
    34    §  12.  All  past  service  costs  associated  with  implementing  the
    35  provisions of this act shall be borne by the county of Nassau and may be
    36  amortized over a period of ten years.
    37    §  13.  Notwithstanding  any provision of law to the contrary, none of
    38  the provisions of  this  act  shall  be  subject  to  the  appropriation
    39  requirement of section twenty-five of the retirement and social security
    40  law.
    41    § 14. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  modify  the in-service death benefit for retirement
        eligible members of the New York State and Local  Employees'  Retirement
        System  who  are  employed  by Nassau County in certain fire marshal job
        titles. The in-service death benefit will be the value  of  the  pension
        reserve as if the member had retired on their date of death.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that  there  will  be  an increase of approximately $5,400 in the
        annual contributions of Nassau County for the fiscal year  ending  March
        31,  2024. In future years, this cost will vary as the billing rates and
        salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $48,700  which  will  be
        borne by Nassau County as a one-time payment. This estimate assumes that
        payment  will  be  made  on February 1, 2024. If Nassau County elects to
        S. 4005--C                         47                         A. 3005--C

        amortize this cost over a 10-year period, the cost for  the  first  year
        including interest would be $6,220.
          These  estimated  costs  are  based on 44 affected members employed by
        Nassau County, with annual salary of approximately $5.0  million  as  of
        March 31, 2022.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, and the Codes, Rules and Regulations of the State  of  New  York:
        Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated January 31,  2023,  and  intended  for  use  only
        during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-21,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
 
     1                                   PART JJ
 
     2    Section 1. Paragraphs 1 and 2 of subdivision b of section 517-c of the
     3  retirement and social security law, paragraph 1 as amended and paragraph
     4  2  as  added  by chapter 303 of the laws of 2017, are amended to read as
     5  follows:
     6    1. A member of the New York  state  and  local  employees'  retirement
     7  system,  the New York state and local police and fire retirement system,
     8  the New York city employees' retirement system [or], the New  York  city
     9  board of education retirement system or the New York city police pension
    10  fund  in  active  service who has credit for at least one year of member
    11  service may borrow, no more than once during each twelve  month  period,
    12  an  amount not exceeding seventy-five percent of the total contributions
    13  made pursuant to section five hundred seventeen of this article (includ-
    14  ing interest credited at the rate set forth in  subdivision  c  of  such
    15  section  five  hundred  seventeen compounded annually) and not less than
    16  one thousand dollars, provided, however, that  the  provisions  of  this
    17  section    shall    not   apply   to   a   New   York   city   uniformed
    18  correction/sanitation revised plan member  or  an  investigator  revised
    19  plan member.
    20    2.  A  member  of  the  New York state and local employees' retirement
    21  system who first joins such system on or after January first, two  thou-
    22  sand  eighteen, or a member of the New York city police pension fund who
    23  first joins such system on or after January first, two thousand eighteen
    24  in active service who has credit for at least one year of member service
    25  may borrow, no more than  once  during  each  twelve  month  period,  an
    26  amount, not less than one thousand dollars and which would not cause the
    27  balance  owed  pursuant  to this section, including any amounts borrowed
        S. 4005--C                         48                         A. 3005--C
 
     1  then outstanding, to exceed (i) fifty  percent  of  the  member's  total
     2  contributions  made  pursuant  to section five hundred seventeen of this
     3  article (including interest credited at the rate set forth  in  subdivi-
     4  sion  c  of such section five hundred seventeen compounded annually); or
     5  (ii) fifty thousand dollars, whichever is less.
     6    § 2. Subdivisions d and i of  section  517-c  of  the  retirement  and
     7  social  security  law, subdivision d as added by chapter 920 of the laws
     8  of 1990 and subdivision i as amended by chapter 426 of the laws of 2018,
     9  are amended to read as follows:
    10    d. The rate of interest payable  upon  loans  made  pursuant  to  this
    11  section  shall:  (1) for members of the New York state and local employ-
    12  ees' retirement system, be one percent less than the valuation  rate  of
    13  interest adopted for such system, however, in no event shall the rate be
    14  less  than  the  rate set forth in subdivision c of section five hundred
    15  seventeen of this article; (2) for members of the New York city  employ-
    16  ees'  retirement  system,  be one percent less than the regular interest
    17  rate established pursuant to  [subdivision  (c)  of  section  13-101.12]
    18  paragraph (c) of subdivision twelve of section 13-101 of the administra-
    19  tive  code of the city of New York for such system, however, in no event
    20  shall the rate be less than the rate  set  forth  in  subdivision  c  of
    21  section five hundred seventeen of this article; [and] (3) for members of
    22  the  New  York city board of education retirement system, be one percent
    23  less than the regular interest rate established pursuant to subparagraph
    24  four of paragraph (b) of  subdivision  sixteen  of  section  twenty-five
    25  hundred  seventy-five  of the education law for such system, however, in
    26  no event shall the rate be less than the rate set forth in subdivision c
    27  of section five hundred seventeen of this article; and (4)  for  members
    28  of  the  New York city police pension fund, be the regular interest rate
    29  established pursuant to subdivision b of section 13-638.2 of the  admin-
    30  istrative  code  of the city of New York for such system, however, in no
    31  event shall the rate be less than the rate set forth in subdivision c of
    32  section five hundred seventeen of this article.   Whenever  there  is  a
    33  change  in  the  interest  rate, it shall be applicable to loans made or
    34  renegotiated after the date of such change in the interest rate.
    35    i. Notwithstanding the provisions of section five hundred  sixteen  of
    36  this  article, whenever a member of such a retirement system, for whom a
    37  loan is outstanding, retires, the retirement allowance  payable  without
    38  optional  modification shall be reduced by a life annuity which is actu-
    39  arially equivalent to the amount of the outstanding loan (all  outstand-
    40  ing  loans  shall continue to accrue interest charges until retirement),
    41  such life annuity being calculated utilizing the interest rate on thirty
    42  year United States treasury bonds as of January first  of  the  calendar
    43  year  of  the  effective date of retirement and the mortality tables for
    44  options available under section five hundred fourteen of this article. A
    45  retiree of the New York city  employees'  retirement  system,  board  of
    46  education  retirement  system of the city of New York, [or] the New York
    47  state and local employees' retirement  system,  or  the  New  York  city
    48  police  pension  fund  whose  benefit  has been so reduced may repay the
    49  outstanding balance of the loan at any time.  Benefits payable after the
    50  repayment of the loan shall not be subject to  the  actuarial  reduction
    51  required by this subdivision.
    52    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY  OF BILL: This proposed legislation would amend the Retirement
        and Social Security Law (RSSL) to permit Tier 3,  Tier  3  Revised,  and
        Tier  3 Enhanced members (who are subject to Article 14) of the New York
        S. 4005--C                         49                         A. 3005--C
 
        City Police Pension Fund (POLICE) to take loans  against  their  accumu-
        lated total member contributions with interest.
          Effective Date: Upon enactment.
          BACKGROUND:  Tier 1 and Tier 2 members of POLICE are generally permit-
        ted, subject to certain restrictions, to borrow from  their  accumulated
        Basic  Member Contributions (BMC) with interest. However, Tier 3, Tier 3
        Revised, and Tier 3 Enhanced members are currently not permitted to take
        loans on their contributions.
          The proposed legislation would permit Tier 3, Tier 3 Revised, and Tier
        3 Enhanced members of POLICE to  borrow  from  their  accumulated  total
        member  contributions,  which  include  Enhanced  Plan Additional Member
        Contributions (AMC). Loans may be taken no more than once  a  year,  and
        the  dollar  amount  is subject to minimum and maximum restrictions. For
        members with a date of membership before January 1,  2018,  the  members
        may  take out a loan up to 75% of their total contributions plus accumu-
        lated interest. For members with a date of membership on and after Janu-
        ary 1, 2018, the loan is limited to 50% of their total  member  contrib-
        utions plus accumulated interest or $50,000, whichever is less.
          FINANCIAL  IMPACT:  In the event an outstanding loan exists at retire-
        ment, the balance of the unpaid loan is converted to an annuity based on
        the yield on 30-year U.S. Treasury  securities  and  deducted  from  the
        annual  retirement  allowance otherwise payable. This conversion is made
        on an actuarial basis that is different than the basis used to determine
        the employer contribution to POLICE. As a result of this  difference  in
        actuarial  bases  and based on the census data and actuarial assumptions
        and methods described herein, the enactment of this proposed legislation
        would increase the Present Value of Future Benefits (PVFB)  by  approxi-
        mately $43.7 million.
          Under  the Entry Age Normal cost method used to determine the employer
        contributions to POLICE, there would be  an  increase  in  the  Unfunded
        Accrued  Liability  (UAL) of approximately $11.3 million and an increase
        in the Present Value of Future Employer  Normal  Cost  of  approximately
        $32.4 million.
          FINANCIAL  IMPACT  -  ANNUAL  EMPLOYER CONTRIBUTIONS: The enactment of
        this proposed legislation would result in an initial increase in  annual
        employer  contributions  of  approximately  $3.4  million. This increase
        consists of an increase in the  Normal  Cost  in  addition  to  the  UAL
        payment.
          Future  costs  will  vary  based on the amount of member contributions
        eligible for loans. Individual member balances are expected to increase,
        however in the future, a larger portion  of  the  membership  will  have
        membership  dates  on or after January 1, 2018, and therefore be limited
        to a maximum loan percentage  of  50%  and  a  maximum  loan  amount  of
        $50,000.
          New  UAL  attributable to benefit changes are generally amortized over
        the remaining working lifetime of those impacted by the benefit changes.
        The remaining working lifetime for this group is approximately 18  years
        and  the  increase in UAL was therefore amortized over an 18-year period
        (17 payments under the One-Year  Lag  Methodology)  using  level  dollar
        payments.
          CENSUS  DATA:  The  estimates presented herein are based on the census
        data used in the June 30, 2022 actuarial valuation of POLICE  to  deter-
        mine the Preliminary Fiscal Year 2024 employer contributions.
          The  19,375  Tier  3,  Tier  3 Revised, and Tier 3 Enhanced members in
        POLICE as of June 30, 2022 had an  average  age  of  approximately  32.2
        S. 4005--C                         50                         A. 3005--C
 
        years, average service of approximately 5.7 years, and an average salary
        of approximately $101,600.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been  calculated based on the actuarial assumptions and methods used for
        the Preliminary Fiscal Year 2024 employer contributions of POLICE.
          For the purposes of this Fiscal Note, it is assumed that  the  changes
        would  be  reflected  for  the first time in the June 30, 2022 actuarial
        valuation of POLICE used to determine employer contributions for  Fiscal
        Year 2024.
          It  has  been  further assumed that the yield on 30-year U.S. Treasury
        securities, on a long-term basis would equal 3.5% per year and that  25%
        of  member  balances  available for borrowing would be taken as loans at
        retirement.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, demograph-
        ics of the impacted population and other  factors  such  as  investment,
        contribution,  and other risks. If actual experience deviates from actu-
        arial assumptions, the actual costs could differ  from  those  presented
        herein.
          Costs  are also dependent on the actuarial methods used, and therefore
        different actuarial methods could produce different results. Quantifying
        these risks is beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          *  The  initial  additional  administrative  costs  to  implement  the
        proposed legislation.
          STATEMENT  OF  ACTUARIAL  OPINION:  I, Marek Tyszkiewicz, am the Chief
        Actuary for, and independent of, the New York  City  Retirement  Systems
        and  Pension  Funds. I am an Associate of the Society of Actuaries and a
        Member of the American Academy of Actuaries. I am a member of NYCERS but
        do not believe it impairs my objectivity and I  meet  the  Qualification
        Standards  of  the American Academy of Actuaries to render the actuarial
        opinion contained herein. To the  best  of  my  knowledge,  the  results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted actuarial principles and  procedures  and  with  the  Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2023-24 dated April 5,
        2023 was prepared by the Chief Actuary for  the  New  York  City  Police
        Pension  Fund.  This  estimate  is intended for use only during the 2023
        Legislative Session.
 
     1                                   PART KK
 
     2    Section 1. The retirement and social security law is amended by adding
     3  a new section 89-x to read as follows:
     4    § 89-x. Retirement of deputy sheriffs-civil in Monroe county.    a.  A
     5  member employed in Monroe county shall be eligible to retire pursuant to
     6  the  provisions  of section eighty-nine-p of this title if the county of
     7  Monroe elects to make the benefits provided in section eighty-nine-p  of
     8  this  title available to the sheriff, undersheriffs, deputy sheriffs and
     9  correction officers of such county and if he or she is  a  deputy  sher-
    10  iff-civil  of  such county.  Such eligibility shall be an alternative to
    11  the eligibility provisions available under any other plan of this  arti-
    12  cle to which such member is subject.
    13    b.  The  term  "creditable service" shall include any and all services
    14  performed as a deputy sheriff-civil of Monroe county and other  credita-
        S. 4005--C                         51                         A. 3005--C
 
     1  ble  service as defined in subdivisions d and e of section eighty-nine-p
     2  of this title.
     3    c.  Monroe  county  is  authorized  to adopt a resolution on or before
     4  December thirty-first, two thousand twenty-four to extend the provisions
     5  of this section to those  members  defined  in  subdivision  a  of  this
     6  section.  A  certified  copy  of  such resolution must be filed with the
     7  comptroller and may contain an election that any past  service  cost  be
     8  paid  over  either a five-year or ten-year period. Such resolution shall
     9  be accompanied by the affidavit of the chief executive officer of Monroe
    10  county that the county has received  an  estimate  from  the  retirement
    11  system of the cost of the benefit provided by this section.
    12    d.  The  sheriff shall certify to the comptroller, periodically and at
    13  such intervals of time as may be required of him  or  her  and  in  such
    14  fashion  as may be prescribed, the identity of the deputy sheriffs-civil
    15  of Monroe county.
    16    e. Unless otherwise indicated  in  this  section,  the  provisions  of
    17  section eighty-nine-p of this title shall be controlling.
    18    § 2. Subdivision a of section 445 of the retirement and social securi-
    19  ty  law,  as  amended  by chapter 245 of the laws of 2021, is amended to
    20  read as follows:
    21    a. No member of a retirement system who is subject to  the  provisions
    22  of this article shall retire without regard to age, exclusive of retire-
    23  ment  for  disability, unless he or she is a police officer, an investi-
    24  gator member of the New York city employees'  retirement  system,  fire-
    25  fighter,  correction  officer, a qualifying member as defined in section
    26  eighty-nine-t, as added by chapter six hundred fifty-seven of  the  laws
    27  of  nineteen hundred ninety-eight, of this chapter, sanitation worker, a
    28  special officer (including persons employed by the city of New  York  in
    29  the  title  urban  park  ranger  or associate urban park ranger), school
    30  safety agent, campus peace officer or a taxi  and  limousine  commission
    31  inspector  member  of  the New York city employees' retirement system or
    32  the New York city board of education  retirement  system,  a  dispatcher
    33  member  of  the  New  York  city  employees' retirement system, a police
    34  communications member of the New York city employees' retirement system,
    35  an EMT member of the New York city employees' retirement system, a depu-
    36  ty sheriff member of the New York city employees' retirement  system,  a
    37  correction  officer  of  the Westchester county correction department as
    38  defined in section eighty-nine-e of this chapter or employed in  Suffolk
    39  county as a peace officer, as defined in section eighty-nine-s, as added
    40  by  chapter  five  hundred  eighty-eight of the laws of nineteen hundred
    41  ninety-seven,  of  this  chapter,  employed  in  Suffolk  county  as   a
    42  correction officer, as defined in section eighty-nine-f of this chapter,
    43  or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
    44  correction division personnel, sheriff, undersheriff or deputy  sheriff,
    45  as  defined  in  section  eighty-nine-g  of this chapter, or employed in
    46  Nassau county as an ambulance medical technician, an  ambulance  medical
    47  technician/supervisor or a member who performs ambulance medical techni-
    48  cian  related  services, or a police medic, police medic supervisor or a
    49  member who performs police medic related services, as defined in section
    50  eighty-nine-s, as amended by chapter five hundred seventy-eight  of  the
    51  laws  of  nineteen hundred ninety-eight, of this chapter, or employed in
    52  Nassau county as a peace officer, as defined in  section  eighty-nine-s,
    53  as  added  by  chapter  five hundred ninety-five of the laws of nineteen
    54  hundred ninety-seven, of this chapter, or employed in Albany county as a
    55  sheriff, undersheriff, deputy sheriff, correction officer or identifica-
    56  tion officer, as defined in section eighty-nine-h of this chapter or  is
        S. 4005--C                         52                         A. 3005--C
 
     1  employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
     2  iff  or  correction officer, as defined in section eighty-nine-i of this
     3  chapter or is employed in Orleans county  as  a  sheriff,  undersheriff,
     4  deputy   sheriff   or   correction   officer,   as  defined  in  section
     5  eighty-nine-l of this chapter or is employed in Jefferson  county  as  a
     6  sheriff,  undersheriff, deputy sheriff or correction officer, as defined
     7  in section eighty-nine-j of this chapter  or  is  employed  in  Onondaga
     8  county as a deputy sheriff-jail division competitively appointed or as a
     9  correction  officer, as defined in section eighty-nine-k of this chapter
    10  or is employed in a county which makes an election under  subdivision  j
    11  of  section  eighty-nine-p  of  this chapter as a sheriff, undersheriff,
    12  deputy sheriff or correction officer as defined in such section  eighty-
    13  nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
    14  ty sheriff or correction officer, as defined in section eighty-nine-m of
    15  this  chapter  or  is  a Monroe county deputy sheriff-court security, or
    16  deputy sheriff-jailor as defined in section eighty-nine-n, as  added  by
    17  chapter  five hundred ninety-seven of the laws of nineteen hundred nine-
    18  ty-one, of this chapter or is employed in Greene county  as  a  sheriff,
    19  undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
    20  section eighty-nine-o of this chapter or is a traffic officer  with  the
    21  town of Elmira as defined in section eighty-nine-q of this chapter or is
    22  employed  by  Suffolk  county  as  a  park police officer, as defined in
    23  section eighty-nine-r of this chapter or is a peace officer employed  by
    24  a  county  probation  department as defined in section eighty-nine-t, as
    25  added by chapter six hundred three of the laws of nineteen hundred nine-
    26  ty-eight, of this chapter or is employed in Rockland county as a  deputy
    27  sheriff-civil  as  defined  in  section eighty-nine-v of this chapter as
    28  added by chapter four hundred forty-one of the laws of two thousand one,
    29  or is employed in Rockland county as a superior  correction  officer  as
    30  defined  in  section  eighty-nine-v  of this chapter as added by chapter
    31  five hundred fifty-six of the laws of two thousand one or is a paramedic
    32  employed by the police department in the town of Tonawanda  and  retires
    33  under  the provisions of section eighty-nine-v of this chapter, as added
    34  by chapter four hundred seventy-two of the laws of two thousand one,  or
    35  is  a  county  fire  marshal,  supervising  fire  marshal, fire marshal,
    36  assistant fire marshal, assistant  chief  fire  marshal  or  chief  fire
    37  marshal  employed  by the county of Nassau as defined in section eighty-
    38  nine-w of this chapter or is employed in Monroe county as a deputy sher-
    39  iff-civil as defined in section eighty-nine-x of this chapter and is  in
    40  a plan which permits immediate retirement upon completion of a specified
    41  period  of service without regard to age. Except as provided in subdivi-
    42  sion c of section four hundred forty-five-a of this article, subdivision
    43  c of section four hundred forty-five-b of this article, subdivision c of
    44  section four hundred forty-five-c of  this  article,  subdivision  c  of
    45  section  four  hundred  forty-five-d  of  this article, subdivision c of
    46  section four hundred forty-five-e of  this  article,  subdivision  c  of
    47  section  four  hundred forty-five-f of this article and subdivision c of
    48  section four hundred forty-five-h of this article, a member  in  such  a
    49  plan and such an occupation, other than a police officer or investigator
    50  member of the New York city employees' retirement system or a firefight-
    51  er,  shall not be permitted to retire prior to the completion of twenty-
    52  five years of credited service; provided, however, if such a  member  in
    53  such an occupation is in a plan which permits retirement upon completion
    54  of  twenty years of service regardless of age, he or she may retire upon
    55  completion of  twenty  years  of  credited  service  and  prior  to  the
    56  completion  of twenty-five years of service, but in such event the bene-
        S. 4005--C                         53                         A. 3005--C
 
     1  fit provided from funds other than those based on such  a  member's  own
     2  contributions  shall  not  exceed two per centum of final average salary
     3  per each year of credited service.
     4    §  3. Section 603 of the retirement and social security law is amended
     5  by adding a new subdivision u to read as follows:
     6    u. The service retirement benefit specified  in  section  six  hundred
     7  four  of  this  article  shall be payable to members with twenty-five or
     8  more years of  creditable  service,  without  regard  to  age,  who  are
     9  employed  as  deputy  sheriffs-civil  in  Monroe  county,  as defined in
    10  section eighty-nine-x of this chapter if: (i) such members have met  the
    11  minimum  service requirements upon retirement, and (ii) in the case of a
    12  member subject to the provisions of article fourteen  of  this  chapter,
    13  such  member  files  an  election therefor which provides that he or she
    14  will be subject to the provisions of this article and  to  none  of  the
    15  provisions of such article fourteen. Such election, which shall be irre-
    16  vocable,  shall be in writing, duly executed and shall be filed with the
    17  comptroller on or before December thirty-first, two thousand twenty-four
    18  or within one year of entering into service as a deputy sheriff-civil in
    19  Monroe county. The term "creditable service" shall have the  meaning  as
    20  so  defined  in  section  eighty-nine-x and subdivision c of section six
    21  hundred one of this chapter.
    22    § 4. Section 604 of the retirement and social security law is  amended
    23  by adding a new subdivision u to read as follows:
    24    u.  The  early  service  retirement  for a member who is employed as a
    25  deputy sheriff-civil as defined in section eighty-nine-x of  this  chap-
    26  ter,  shall  be  a pension equal to one-fiftieth of final average salary
    27  times years of credited service at the completion of  twenty-five  years
    28  of  service  as such deputy sheriff-civil, but not exceeding one-half of
    29  his or her final average salary.
    30    §  5.  All  past  service  costs  associated  with  implementing   the
    31  provisions of this act shall be borne by Monroe County.
    32    § 6. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would permit members of the New York State and Local Employ-
        ees'  Retirement  System  (NYSLERS) who are employed by Monroe County in
        the title of deputy sheriff-civil,  as  certified  by  the  sheriff,  to
        retire  upon  completion of twenty-five (25) years of creditable service
        with a benefit of one-half (50%) final average salary,  provided  Monroe
        County  has  filed  a  resolution with the New York State Comptroller to
        provide such benefits on or before December 31, 2024. Additionally,  for
        those  members  covered  under  the  provisions of Article 14, this bill
        would permit an irrevocable election to forfeit the benefits of  Article
        14  in  favor  of  the  25-year  plan benefit, when elected on or before
        December 31, 2024 or within one year of entering  service  as  a  deputy
        sheriff-civil with Monroe County.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that  there  will  be an increase of approximately $24,000 in the
        annual contributions of Monroe County for the fiscal year  ending  March
        31,  2024. In future years, this cost will vary as the billing rates and
        salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $147,000 which  will  be
        borne by Monroe County as a one-time payment. This estimate assumes that
        payment will be made on February 1, 2024.
          These  estimated  costs  are  based  on 9 affected members employed by
        Monroe County, with annual salary of approximately $688,000 as of  March
        S. 4005--C                         54                         A. 3005--C
 
        31,  2022.  The  affected  members  were  identified  using  information
        provided by Andrew Toranzo of the New York State Minority Ways and Means
        Committee.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, and the Codes, Rules and Regulations of the State  of  New  York:
        Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated January 26,  2023,  and  intended  for  use  only
        during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-36,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
 
     1                                   PART LL
 
     2    Section 1. Subdivision 2 of section 363-a of the retirement and social
     3  security  law, as amended by chapter 437 of the laws of 2016, is amended
     4  to read as follows:
     5    2. Notwithstanding any provision of this chapter or  of  any  general,
     6  special,  or  local  law to the contrary, any condition of impairment of
     7  health caused by diseases of the heart, resulting in disability or death
     8  to a police officer, presently employed, and who  shall  have  sustained
     9  such disability while so employed, shall be presumptive evidence that it
    10  was  incurred  in  the performance and discharge of duty and the natural
    11  and proximate result of an accident, unless the contrary  be  proved  by
    12  competent evidence.
    13    § 2. The retirement and social security law is amended by adding a new
    14  section 809 to read as follows:
    15    §  809. Effect and rebuttal of certain medical presumptions pertaining
    16  to diseases of the heart. a. This section shall apply to certain  appli-
    17  cations  for  disability retirement allowances made by or on behalf of a
    18  member of the New York state and local employees' retirement  system  or
    19  the  New  York  state  and  local police and fire retirement system.  It
    20  shall apply only to applications that are subject under this chapter  to
    21  a  provision  that  any  condition  of  impairment of health caused by a
    22  disease of the heart, resulting  in  disability,  shall  be  presumptive
    23  evidence  that  such  disability  was  incurred  in  the performance and
    24  discharge of duty and the natural and proximate result of an accident.
    25    b. Notwithstanding any other provision  of  law  to  the  contrary  an
    26  application  for  an  accidental disability retirement allowance that is
    27  based on a permanent incapacity caused by a disease of the heart,  shall
    28  not be required to allege or establish:
        S. 4005--C                         55                         A. 3005--C
 
     1    (1) that the member sustained an accident or other incident related to
     2  the performance and discharge of duty; or
     3    (2) that notice was provided thereof.
     4    c.  Notwithstanding  any  other  provision of law to the contrary, the
     5  presumptions referred to  in  subdivision  a  of  this  section  may  be
     6  rebutted  only  by  competent  evidence  that  the disability is not the
     7  natural and proximate result of the performance and discharge of duty.
     8    § 3. The amendment made to subdivision  2  of  section  363-a  of  the
     9  retirement  and social security law by section one of this act shall not
    10  affect, impair or invalidate any temporary right, privilege  or  benefit
    11  conferred  pursuant to the provisions of a general, special or local law
    12  (other than pursuant to articles 14 and 15 of the retirement and  social
    13  security  law)  for  any member of a public retirement system or pension
    14  plan funded by the state or one of its political subdivisions, nor shall
    15  any amendment thereto affect  the  application  of  such  provisions  as
    16  extended  by  the provisions of section 480 of the retirement and social
    17  security law.
    18    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend the Retirement and Social Security Law (RSSL) to
          1. Eliminate certain eligibility requirements for awarding  accidental
        disability  benefits,  when the disability is related to diseases of the
        heart, for members in the New York State and Local Employees' Retirement
        System (NYSLERS) and the New  York  State  and  Local  Police  and  Fire
        Retirement  System  (NYSLPFRS).  Accidental disability benefits would be
        granted even where
          a. the member did not sustain an accident,
          b. the member's incapacitation is unrelated to any accident, or
          c. the member failed to provide notice thereof.
          The heart presumption could  continue  to  be  rebutted  by  competent
        evidence  that  the  disability is not the result of the performance and
        discharge of duty.
          2. Increase disability benefits payable  to  police  officers  in  the
        NYSLPFRS,  who  become  incapacitated  due  to diseases of the heart, by
        providing an accidental disability benefit equal to 75% of  salary  less
        workers'  compensation.  Currently,  police  officers are eligible for a
        performance-of-duty disability benefit equal to 50% of salary less work-
        ers' compensation.
          3. Increase the death benefits payable on behalf of a deceased  police
        officer in the NYSLPFRS, whose death results from diseases of the heart,
        by  providing  the  special  accidental death benefit equal to more than
        100% of salary less workers' compensation and social  security  benefits
        payable  to  an  eligible  beneficiary or beneficiaries.   Currently the
        death benefit would be the continuance afforded under  the  performance-
        of-duty disability retirement
          Insofar  as  this bill affects the New York State and Local Retirement
        System (NYSLRS), more  accidental  disability  benefits  and  accidental
        death  benefits  would  be granted. The cost of the revised benefit will
        depend upon the applicant's age, service, salary, plan and  any  benefit
        type  otherwise  payable. Further, we anticipate that the administrative
        costs to the NYSLRS,  required  to  process  applications  and  litigate
        anticipated disputes, will increase.
          The  number  of  members  and  retirees  who could be affected by this
        legislation cannot be readily determined. However, every  active  member
        of  the  NYSLPFRS  will  be  covered,  as well as members of the NYSLERS
        S. 4005--C                         56                         A. 3005--C
 
        including uniformed court officers and peace officers  employed  by  the
        Unified Court System and fire marshals employed by Nassau County.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that  there  will  be increases of approximately $1.2 million and
        $4.3 million in the annual contributions  to  the  NYSLERS  and  to  the
        NYSLPFRS,  respectively,  for  the  fiscal  year  ending March 31, 2024.
        These costs will be shared by the State of New York (the State),  Nassau
        County,  and  other  local  participating  employers  in the NYSLPFRS as
        follows:
 
        Employer                    payment to the   payment to the
                                     NYSLERS          NYSLPFRS
        the State                   $1.2 million     $900,000
        Nassau County               $11,000
        all local participating
        employers in the NYSLPFRS                    $3.4 million
 
          In future years, these annual costs will vary as  the  salary  of  the
        affected members change.
          In addition to the annual contributions discussed above, there will be
        immediate past service costs of approximately $12.5 million and $111,000
        which  will  be  borne  by the State and Nassau County, respectively, as
        one-time payments. This estimate assumes that payment will  be  made  by
        the  State  and  Nassau  County  on  March 1, 2024 and February 1, 2024,
        respectively.
          Estimated costs arising in the NYSLERS are  based  on  6,287  affected
        members with annual salary of approximately $573 million as of March 31,
        2022.
          Estimated  costs  arising in the NYSLPFRS are based on 32,169 affected
        members with annual salary of approximately $3.88 billion  as  of  March
        31, 2022.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, and the Codes, Rules and Regulations of the State  of  New  York:
        Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated February 24, 2023,  and  intended  for  use  only
        during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-73,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
     1                                   PART MM
        S. 4005--C                         57                         A. 3005--C
 
     1    Section  1.  Subdivisions  5 and 6 of section 167 of the state finance
     2  law, as added by chapter 83 of the laws of 1995, are amended to read  as
     3  follows:
     4    5.  The  secretary  of  the  senate  shall also have the power, at the
     5  request of any member of the senate who shall hereafter resign or  whose
     6  term  of  office  shall  hereafter terminate, or the surviving spouse of
     7  such member, to sell to such member, or to such  surviving  spouse,  the
     8  chair  last  occupied by such member in the senate [for the sum of twen-
     9  ty-five dollars] at a cost set at the discretion of the secretary of the
    10  senate, depositing any moneys received from such sale in the state trea-
    11  sury; provided, however, that a written request therefor, accompanied by
    12  the payment herein provided, be submitted to the secretary of the senate
    13  within ninety days after any such resignation or termination of term  of
    14  office;  and  provided  further that not more than one such chair may be
    15  thus sold, regardless of any service subsequently rendered as  a  member
    16  of  the  senate. In the event that any member of the senate dies leaving
    17  no surviving spouse, the secretary of the senate shall have the power to
    18  sell such chair, upon the terms and conditions  hereinabove  prescribed,
    19  and  in the following order of priority: (i) to any person designated by
    20  such member in a writing filed with the secretary of the senate, or (ii)
    21  to a child of such member, if any, in the order of seniority,  (iii)  to
    22  [the  father]  any parent or parents of such member, (iv) to [the mother
    23  of such member, (v) to a brother or sister] siblings of such member,  in
    24  the order of seniority.
    25    6.  The  clerk of the assembly shall have the power, at the request of
    26  any member of the assembly who shall hereafter resign or whose  term  of
    27  office  shall  hereafter  terminate,  or  the  surviving  spouse of such
    28  member, to sell to such member, or to such surviving spouse,  the  chair
    29  last occupied by such member in the assembly [for the sum of twenty-five
    30  dollars]  at  a cost set at the discretion of the clerk of the assembly,
    31  depositing any moneys received from such sale  in  the  state  treasury;
    32  provided,  however,  that a written request therefor, accompanied by the
    33  payment herein provided, be submitted to the clerk of the assembly with-
    34  in ninety days after such resignation or termination of term of  office;
    35  and provided further that not more than one such chair may be thus sold,
    36  regardless  of  any  service  subsequently  rendered  as a member of the
    37  assembly. In the event that any member of the assembly dies  leaving  no
    38  surviving spouse, the clerk of the assembly shall have the power to sell
    39  such chair, upon the terms and conditions hereinabove prescribed, and in
    40  the  following  order  of priority: (i) to any person designated by such
    41  member in a writing filed with the clerk of the assembly, or (ii)  to  a
    42  child  of  such member, if any, in the order of seniority, (iii) to [the
    43  father] any parent or parents of such member, (iv)  to  [the  mother  of
    44  such member, (v) to a brother or sister] siblings of such member, in the
    45  order of seniority.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART NN
 
    48    Section 1. Subdivision 1 of section 711 of the executive law, as added
    49  by  section  2 of part B of chapter 1 of the laws of 2004, is amended to
    50  read as follows:
    51    1. On or before January thirty-first of each year, the director  shall
    52  appear  before  and deliver a report to representatives of each house of
    53  the legislature. The temporary president of the senate and  the  speaker
    54  of the assembly shall each appoint [three] four members of their respec-
        S. 4005--C                         58                         A. 3005--C
 
     1  tive  houses,  and  the minority leader of each house shall each appoint
     2  one member, to hear the director's report.  The  appointed  members  may
     3  hear  the  report  in  a  joint meeting of the members of the senate and
     4  assembly or in separate meetings attended by the members from one house.
     5  The  chief  information security officer of the state office of informa-
     6  tion technology services shall participate in  such  joint  or  separate
     7  meetings  to supplement the report delivered by the director. The report
     8  shall provide information including, but not  limited  to:  the  state's
     9  current  threat  level,  imminent threats to New York state, the state's
    10  current threat  posture  and  collaborative  efforts  among  localities,
    11  regions  and with other states to prepare for and defend against acts of
    12  terrorism. The chief information security officer of the state office of
    13  information technology services shall supplement the report delivered by
    14  the director with information on the state's cyber security  infrastruc-
    15  ture and cyber security resiliency efforts.
    16    § 2. This act shall take effect immediately.
 
    17                                   PART OO
 
    18    Section  1.  Short  title. This act shall be known and may be cited as
    19  the "unmarked burial site protection act".
    20    § 2. Section 1503 of the not-for-profit corporation law is amended  by
    21  adding a new paragraph (c) to read as follows:
    22    (c)  Except  as otherwise provided in paragraph (c) of section fifteen
    23  hundred seven and paragraph (m) of section fifteen hundred ten  of  this
    24  article,  this  article  does  not  apply to a burial site as defined in
    25  paragraph (a) of subdivision one of section one hundred  seventy-one  of
    26  the executive law.
    27    § 3. Article 7 of the executive law is amended by adding a new section
    28  171 to read as follows:
    29    § 171. Discovery   and  disposition  of  human  remains  and  funerary
    30  objects. 1. Definitions. As used in this section:
    31    (a) "Burial site" means any location in which human remains are inter-
    32  red, which is not a cemetery subject to provisions of the not-for-profit
    33  corporation law, the religious corporations law, the  general  municipal
    34  law, the county law, the town law or the village law.
    35    (b) "Committee" means the Native American burial site review committee
    36  created by subdivision three of this section.
    37    (c)  "Culturally-affiliated group" means any group, including a Native
    38  American Nation or tribe, whose past or present  government,  or  tradi-
    39  tional  culture  or religion, was or is affiliated with human remains or
    40  funerary objects which are the subject of this section.
    41    (d) "Forensic anthropologist or bioarchaeologist" means a person qual-
    42  ified in the medicolegal or  osteological  investigation/examination  of
    43  human skeletal remains.
    44    (e)  "Funerary objects" means any item or items reasonably believed to
    45  have been placed with human remains at the time of burial, including but
    46  not limited to burial markers, items  of  personal  adornment,  vessels,
    47  beads, tools, implements, ceremonial objects and other artifacts.
    48    (f)  "Human  remains"  means  the remains of any part of the body of a
    49  deceased person, excluding teeth.
    50    (g) "Lineal descendant" means a genealogical descendant established by
    51  oral tradition, traditional Indigenous knowledge, or written record.
    52    (h) "Native American Nation or tribe" means any Native American tribe,
    53  nation or group.
        S. 4005--C                         59                         A. 3005--C
 
     1    (i) "State archaeologist" means the person appointed  to  such  office
     2  pursuant to section two hundred thirty-five of the education law.
     3    2. Applicability. (a) This section shall apply to all lands within the
     4  state  except  for  lands  located upon any Native American territory or
     5  reservation located wholly or partly within the state.
     6    (b) Subdivisions three, four, five, six, and  seven  of  this  section
     7  shall  not  apply  to  any  project  that  has been reviewed pursuant to
     8  section 14.09 of the parks, recreation, and historic preservation law or
     9  to state participation in any review conducted pursuant to  section  106
    10  of  the  National  Historic  Preservation  Act. If any human remains are
    11  discovered during the project, the applicant  shall  immediately  notify
    12  the state archaeologist.
    13    3.  Native  American burial site review committee. (a) There is hereby
    14  established a Native American burial site review committee consisting of
    15  the following:
    16    (i) one member to be appointed by each of the Native American  Nations
    17  or tribes recognized by the state;
    18    (ii) the state archaeologist;
    19    (iii)  a  forensic anthropologist or bioarchaeologist appointed by the
    20  executive director of the New York state museum;
    21    (iv) the chair of the human remains committee or other designee of the
    22  New York Archaeological Council; and
    23    (v) one member with expertise in the field  of  historic  preservation
    24  appointed  by  the  commissioner  of the office of parks, recreation and
    25  historic preservation.
    26    (b) The committee shall elect a chairperson from  among  its  members.
    27  The  members  who  are  not  public employees shall be reimbursed by the
    28  state for their reasonable, necessary expenses incurred in the  perform-
    29  ance of committee functions.  Three-fifths of the members of the commit-
    30  tee  shall constitute a quorum for the purpose of conducting business. A
    31  majority vote of all members who have been appointed or who are  serving
    32  ex-officio shall be necessary for action. Any vacancy shall be filled in
    33  the same manner as the original appointment.
    34    (c)  It shall be the function of the committee to determine the lineal
    35  descendants and/or  culturally-affiliated  groups  for  Native  American
    36  human  remains  and  funerary  objects  subject  to this section, and to
    37  provide notice to such descendants and/or groups  as  provided  in  this
    38  section.  The state archaeologist shall prepare, and the committee shall
    39  adopt,  standard  procedures  for determining the lineal descendants and
    40  culturally-affiliated groups for  human  remains  as  required  by  this
    41  section,  including acceptable types of proof of such descent and affil-
    42  iation. Such procedures shall  include  dispute  resolution  methods  to
    43  resolve disagreements among the committee members.
    44    4.  Discovery  of  burial site; reporting requirements. (a) Any person
    45  who in the course of any ground-disturbing activity discovers  a  burial
    46  site,  human  remains  or  funerary  objects shall immediately cease any
    47  further disturbance of such site, remains or objects,  and  shall  imme-
    48  diately  report such discovery to the coroner or medical examiner in the
    49  county in which the remains were  discovered.  The  coroner  or  medical
    50  examiner  shall,  within ninety-six hours, determine whether any actions
    51  are required pursuant to the provisions of article  seventeen-A  of  the
    52  county law. If any such remains appear to the coroner or medical examin-
    53  er  to  be  more  than  fifty years old, the coroner or medical examiner
    54  shall immediately provide notice of the discovery of such remains to the
    55  state archaeologist, who shall in turn convey such notice to  the  other
    56  members of the committee.  If no action is required under article seven-
        S. 4005--C                         60                         A. 3005--C
 
     1  teen-A  of  the  county  law, or once such actions are undertaken and no
     2  further action is required, the state archaeologist  and  the  committee
     3  may  commence their inspection or examination of the remains or objects.
     4  Any  inspection or examination shall be made in situ except as necessary
     5  to comply with such article seventeen-A, this section, or  to  determine
     6  the  age of the remains.  The state archaeologist and the committee  may
     7  use ground penetrating radar or other pertinent technology or  equipment
     8  on  any  portion  of  the  project  site that has yet to be disturbed to
     9  determine if any other remains exist within the project site.
    10    (b) The state archaeologist, or a registered  archeologist  or  regis-
    11  tered  professional  archeologist  as  may  be  designated  by the state
    12  archaeologist, shall, upon receiving notice from a  coroner  or  medical
    13  examiner  of  the  discovery of human remains, inspect the site, remains
    14  and/or objects which are the subject of such notice. Within ten days  of
    15  receiving  such  notice,  the state archaeologist shall prepare a report
    16  thereon and provide a copy of the report to the  committee  and  to  the
    17  property  owner.  The report shall be based upon physical examination of
    18  the discovered burial site, remains and/or objects,  and  shall  contain
    19  the  state  archaeologist's  conclusion as to whether such site, remains
    20  and/or objects may be of Native American origin.  In the event the state
    21  archaeologist determines there is  a  reasonable  possibility  the  site
    22  contains  multiple  remains,  an  additional  period  of ten days may be
    23  provided for assessment by the state archaeologist in consultation  with
    24  the culturally-affiliated group to determine the parameters of the site.
    25  In  preparing  the  report,  the state archaeologist may seek and obtain
    26  assistance from any employee of the regents,  from  the  committee,  and
    27  from the office of parks, recreation and historic preservation.
    28    (c)  The  committee  may recommend to the office of parks, recreation,
    29  and historic preservation that the site should be designated as a  place
    30  of historic interest under section twelve-a of the Indian law.
    31    5.  Determination of and notification to lineal descendants or cultur-
    32  ally-affiliated groups. (a) If the  state  archaeologist,  the  forensic
    33  anthropologist  or  bioarchaeologist,  and  the committee agree that the
    34  burial site does not wholly or partly contain human remains or  funerary
    35  objects that are of Native American origin, it shall be the responsibil-
    36  ity  of  the  state  archaeologist to determine, as soon as practicable,
    37  whether there are any reasonably  ascertainable  lineal  descendants  or
    38  culturally-affiliated  groups  with  respect  to  such  site, remains or
    39  objects and, immediately upon  making  such  determination,  to  provide
    40  notice to such descendants or groups of the reported discovery.
    41    (b)  If the state archaeologist, the forensic anthropologist or bioar-
    42  chaeologist, and the committee agree that  the  burial  site  wholly  or
    43  partly  contains human remains or funerary objects that may be of Native
    44  American origin, it shall be the  responsibility  of  the  committee  to
    45  determine  the  lineal descendants or culturally-affiliated groups. Such
    46  determination shall be made as soon as practicable after  the  committee
    47  receives  a  report  from  the state archaeologist concerning the burial
    48  site. Immediately upon making such determination,  the  committee  shall
    49  provide  notification  to  such  descendants  or  groups of the reported
    50  discovery.
    51    (c) The committee shall have  stewardship  of  Native  American  human
    52  remains and funerary objects from the time it receives notification from
    53  the  state  archaeologist  pursuant  to subdivision four of this section
    54  until the lineal descendants and/or culturally-affiliated groups receive
    55  notification from the committee pursuant to this subdivision,  at  which
    56  time  such  lineal descendants and/or culturally-affiliated groups shall
        S. 4005--C                         61                         A. 3005--C
 
     1  have the right  of  possession  and  stewardship  of  such  remains  and
     2  objects.  Upon notification to such lineal descendants or culturally-af-
     3  filiated groups pursuant to this subdivision, ownership of and responsi-
     4  bility for the human remains and funerary objects shall vest exclusively
     5  in  such  descendants or groups, which shall have authority to determine
     6  their disposition subject to the provisions of this section.
     7    (d) The state archaeologist shall have stewardship of non-Native Amer-
     8  ican human remains and funerary objects from the time he or she receives
     9  notification from the coroner or medical examiner pursuant  to  subdivi-
    10  sion  four of this section until the lineal descendants and/or cultural-
    11  ly-affiliated groups receive notification from the  state  archaeologist
    12  pursuant to this paragraph, at which time such lineal descendants and/or
    13  culturally-affiliated  groups  shall  have  the  right of possession and
    14  stewardship of such remains  and  objects.  Upon  notification  to  such
    15  lineal  descendants  or  culturally-affiliated  groups  pursuant to this
    16  subdivision, ownership of and responsibility for the human  remains  and
    17  funerary  objects  shall vest exclusively in such descendants or groups,
    18  which shall have authority to determine their disposition subject to the
    19  provisions of this section.
    20    (e) Where a burial site contains both Native American  and  non-Native
    21  American  human  remains  or  funerary  objects,  the committee shall be
    22  responsible for the Native American burials at the site, and  the  state
    23  archaeologist  shall  be  responsible for all other burials at the site.
    24  Once stewardship of each is determined, the  procedures  established  in
    25  paragraphs (c) and (d) of this subdivision shall apply.
    26    6.  Disposition  of  remains  and  objects.  (a) Within ten days after
    27  receiving notification from the state archaeologist to  lineal  descend-
    28  ants  or  a  culturally-affiliated  group,  other than a Native American
    29  Nation or tribe, of the discovery of a burial site, the  descendants  or
    30  group  shall  advise  the  state  archaeologist  in  writing  as  to the
    31  preferred disposition of the discovered remains or  objects,  which  may
    32  include a request to protect the burial site and keep the remains inter-
    33  red  where  they were found.  The state archaeologist shall consult with
    34  the property owner to try  to  facilitate  the  request  of  the  lineal
    35  descendants or culturally-affiliated group.
    36    (b)  Within sixty days after receiving notification from the committee
    37  to a lineal descendant or culturally-affiliated group of  the  discovery
    38  of a burial site, the descendants or group shall advise the committee in
    39  writing  as  to  the  preferred disposition of the discovered remains or
    40  objects, which may include a request to protect the burial site and keep
    41  the remains interred where they were found. The committee shall  consult
    42  with  the  property owner to try to facilitate the request of the lineal
    43  descendants or culturally-affiliated group.
    44    (c) No later than ten days after receiving the report from  the  state
    45  archaeologist pursuant to subdivision four of this section, the property
    46  owner  shall  inform  the  state  archaeologist  of  their decision with
    47  respect to the interment of the remains on their property.   The  report
    48  from the state archaeologist to the property owner shall clearly include
    49  that  the  property owner has ten days to notify the state archaeologist
    50  of their decision.   If a property  owner  fails  to  notify  the  state
    51  archaeologist  of their decision, the state archaeologist or the commit-
    52  tee, as appropriate, shall abide by the decision of the lineal  descend-
    53  ants or culturally-affiliated group.
    54    (d)  Only  the  state  archaeologist, a registered archaeologist, or a
    55  registered professional archaeologist may touch or handle any remains or
    56  funerary objects.
        S. 4005--C                         62                         A. 3005--C
 
     1    7. Disposition of human remains and funerary objects,  generally.  (a)
     2  The  property owner, their agents, assignees, employees, family members,
     3  friends, acquaintances, or any other individuals  acting  on  behalf  of
     4  such  property  owner, other than the state archeologist or a registered
     5  archeologist  or  a  registered  professional archaeologist hired by the
     6  property owner and acting pursuant to paragraph (d) of this subdivision,
     7  are strictly prohibited from moving, relocating, transferring,  selling,
     8  possessing,  touching,  handling, or otherwise intentionally disturbing,
     9  in any manner, all human remains and funerary objects that  are  discov-
    10  ered  on  site.    Except as necessary to carry out the purposes of this
    11  section, burial sites, human remains and funerary objects  shall  remain
    12  undisturbed  after  discovery and during the process established by this
    13  section.
    14    (b) While the disposition of the remains shall be  determined  by  the
    15  lineal  descendants  or  culturally-affiliated  group,  and the property
    16  owner, the preferred disposition as a matter of policy is  to  have  the
    17  remains stay interred where they are discovered.
    18    (c) (i) If the lineal descendants, or culturally-affiliated group, and
    19  the  property  owner  agree  that  the  remains shall stay interred, the
    20  committee or state archaeologist, as appropriate, shall establish a plan
    21  of action for the preservation and protection of the remains.
    22    (ii) If the lineal descendants or culturally-affiliated group requests
    23  that the remains be excavated and moved to  a  different  location,  the
    24  committee  or  state  archaeologist, as appropriate, shall establish and
    25  implement a plan of action for the respectful, dignified excavation  and
    26  removal of the remains.
    27    (iii)  If the lineal descendants or culturally-affiliated group advise
    28  that the remains stay interred, but the property owner notifies of their
    29  decision, as provided in  this  section,  that  the  remains  should  be
    30  removed,  the  committee  or  state archaeologist, as appropriate, shall
    31  establish and implement a plan of action for the  respectful,  dignified
    32  excavation and removal of the remains. Such plan shall not be inconsist-
    33  ent with the provisions of this section.  The committee or state archae-
    34  ologist  may, prior to the execution of the plan of action, consult with
    35  the property owner in an attempt to realize the request  of  the  lineal
    36  descendants  or  culturally-affiliated  group.  The  committee  or state
    37  archaeologist may use a mediator, at  no  cost  to  the  property  owner
    38  unless  mediation  is  requested  by the property owner, as part of this
    39  process.
    40    (d) (i) If the plan of action has not been implemented  within  ninety
    41  days  of  the  notification to the state archaeologist by the coroner or
    42  medical examiner pursuant to paragraph (a) of subdivision four  of  this
    43  section,  and  any additional time provided pursuant to paragraph (b) of
    44  subdivision four of this section, the property owner may decide to exca-
    45  vate and remove the remains, provided that they shall  engage  a  regis-
    46  tered  archeologist  or  a registered professional archaeologist, regis-
    47  tered with the Register of Professional Archaeologists and who practices
    48  in the field of bioarchaeology or forensic anthropology, to excavate and
    49  remove the remains in a respectful and  dignified  manner  that  is  not
    50  inconsistent  with  the provisions of this section, and provided further
    51  that the property owner may request the state  archeologist  to  perform
    52  any  such  excavation or removal.  The culturally-affiliated group shall
    53  have the right to have a cultural monitor on site prior  to  and  during
    54  any  excavation and removal of human remains or funerary objects.  Fail-
    55  ure of the culturally-affiliated group to have a monitor on  site  shall
        S. 4005--C                         63                         A. 3005--C
 
     1  not  be  grounds to prohibit, prevent, or pause any excavation, removal,
     2  or other conduct as provided in this section.
     3    (ii)  If the plan of action has been substantially implemented but not
     4  completed within the ninety-day period, and any additional time provided
     5  pursuant to paragraph (b) of  subdivision  four  of  this  section,  the
     6  committee  or state archaeologist may have one additional ten-day period
     7  to complete the excavation and removal.   The  state  archaeologist,  in
     8  consultation  with  the  committee,  where  appropriate, shall determine
     9  whether the plan of action has been substantially implemented.
    10    (iii) Any excavation and removal caused by the property owner pursuant
    11  to this paragraph shall be done at the expense of the property owner and
    12  shall be performed and supervised by the registered archaeologist, or  a
    13  registered  professional  archaeologist,  hired  by  the  property owner
    14  pursuant to this subdivision,  provided  that  the  property  owner  may
    15  request  the  state  archeologist  to  complete  any  such excavation or
    16  removal even after the ninety-day implementation  period  or  any  addi-
    17  tional  time provided in this section has expired.  The culturally-affi-
    18  liated group may select a cultural monitor to observe the  work.    Such
    19  archaeologist shall review the established plan of action with the state
    20  archaeologist  or  the  committee, as appropriate, and act in accordance
    21  with that plan. For the purposes  of  this  paragraph,  only  the  state
    22  archaeologist,  as provided in this section, or the registered archaeol-
    23  ogist or registered professional  archaeologist  hired  to  perform  the
    24  excavation  pursuant  to this subdivision may have physical contact with
    25  or otherwise disturb the remains or burial site.
    26    (iv) The state archaeologist or committee shall make themselves avail-
    27  able to the registered archaeologist or registered professional  archae-
    28  ologist forthwith for the purposes of discussing the established plan of
    29  action  for  the  site. If the state archaeologist or committee fails to
    30  make themselves available forthwith,  the  registered  archaeologist  or
    31  registered  professional  archaeologist  may proceed with the excavation
    32  and removal.
    33    (v) If no plan of action has been established prior to the  expiration
    34  of  the  ninety-day period, and any additional time provided pursuant to
    35  paragraph (b) of  subdivision  four  of  this  section,  the  registered
    36  archaeologist  or registered professional archaeologist may proceed with
    37  the excavation and removal  in  a  professional,  respectful,  dignified
    38  manner that is not inconsistent with the provisions of this section.
    39    (vi)    Any  remains  or funerary objects excavated from the site as a
    40  result of the implementation of the process established  by  this  para-
    41  graph shall be deposited with the New York state museum for disposition.
    42    (vii)  Notwithstanding  any conflicting provision of this section, the
    43  state archeologist may at any time monitor and  observe  any  excavation
    44  and removal performed pursuant to this section.
    45    (e)  If  the state archaeologist and the committee have been unable to
    46  identify the lineal descendants or culturally-affiliated group for human
    47  remains or funerary objects, the state archaeologist shall take steward-
    48  ship of the remains and shall make the recommendation for their disposi-
    49  tion in accordance with the provisions of this section.
    50    (f) Notwithstanding any conflicting provision of paragraph (d) of this
    51  subdivision, for project sites that contain the remains of six  or  more
    52  individuals,  if the state archaeologist determines that additional time
    53  is necessary for the excavation of such site, an  additional  thirty-day
    54  period  may  be added before the remains can be excavated and removed by
    55  the property owner. If the state archeologist  continues  to  find  that
    56  additional time is necessary, the period before remains can be excavated
        S. 4005--C                         64                         A. 3005--C
 
     1  and  removed  by  the  property  owner may be extended multiple times in
     2  increments of thirty days. The state archaeologist must provide  a  copy
     3  of each such determination to the property owner in writing. The proper-
     4  ty  owner  may  bring an action pursuant to article seventy-eight of the
     5  civil practice law and rules to review the determination  of  the  state
     6  archaeologist pursuant to this paragraph.
     7    8.  Penalties.  (a)  Any person who fails to report the discovery of a
     8  burial site, human remains or funerary objects as required  by  subdivi-
     9  sion  four  of this section shall be guilty of a class B misdemeanor, as
    10  defined in the penal law.
    11    (b) Any person other than the state  archaeologist,  or  a  person  or
    12  group  with  a  right  to remove or a right of possession or stewardship
    13  pursuant to this section,  or  a  designee  thereof,  who  intentionally
    14  removes  human  remains  or funerary objects from a burial site shall be
    15  guilty of a class A misdemeanor, as defined in the penal law.
    16    (c) Any person (i) who knowingly defaces or destroys  a  burial  site,
    17  human  remains  or  funerary objects, or (ii) who, knowing that a burial
    18  site, human remains, or funerary objects exist causes another person  to
    19  deface  or destroy such burial site, human remains, or funerary objects,
    20  or (iii) who possesses human remains or funerary objects with intent  to
    21  sell  such  remains  or artifacts, or (iv) who sells or attempts to sell
    22  human remains or funerary objects, except when authorized by law,  shall
    23  be guilty of a class E felony, as defined in the penal law.
    24    9. Enforcement. The attorney general or any aggrieved party, including
    25  the  committee and any lineal descendant or culturally-affiliated group,
    26  may bring an action in supreme court in the judicial district where  the
    27  remains  or  objects  covered  by  this  section  are  located to enjoin
    28  violations or threatened violations of this section, and to recover such
    29  remains or objects.
    30    § 4. Section 235 of the education law is amended to read as follows:
    31    § 235. State science service.    There  shall  be  maintained  in  the
    32  university  a  science service which shall be known as the state science
    33  service and the state geologist, paleontologist, botanist  [and],  ento-
    34  mologist,  and  archaeologist  shall  constitute its staff together with
    35  such other scientists as the regents may employ or who are now  employed
    36  by  them.   This service is empowered and directed to make available its
    37  services to all the departments of the state, and the residents  of  the
    38  state  under such rules and regulations as the regents may prescribe and
    39  is empowered to engage in such scientific research as directed by law or
    40  by the regents and shall cooperate with scientific units or agencies  of
    41  other  states,  the  federal  government,  educational  institutions and
    42  industry in the discovery,  analysis  and  dissemination  of  scientific
    43  information.   The director of the state museum shall also be the direc-
    44  tor and head of the state science service and the staff of  the  service
    45  shall be members of the staff of the state museum.
    46    §  5.  This  act shall take effect on the ninetieth day after it shall
    47  have become a law; provided, however, that if chapter 817 of the laws of
    48  2022 shall not have taken effect on or before such date then section two
    49  of this act shall take effect on the same date and in the same manner as
    50  such chapter of the laws of 2022 takes effect.
    51    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    52  sion, section or part of this act shall be  adjudged  by  any  court  of
    53  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    54  impair, or invalidate the remainder thereof, but shall  be  confined  in
    55  its  operation  to the clause, sentence, paragraph, subdivision, section
    56  or part thereof directly involved in the controversy in which such judg-
        S. 4005--C                         65                         A. 3005--C
 
     1  ment shall have been rendered. It is hereby declared to be the intent of
     2  the legislature that this act would  have  been  enacted  even  if  such
     3  invalid provisions had not been included herein.
     4    §  3.  This  act shall take effect immediately provided, however, that
     5  the applicable effective date of Parts A through OO of this act shall be
     6  as specifically set forth in the last section of such Parts.

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