New York State Assembly

 
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A03005 Summary:

A03005 Actions:

A03005 Committee Votes:

Committee:RULES   Chair:Glick      
DATE:05/07/2025AYE/NAY:21/6  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Excused
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Smith
Nay
Peoples-Stokes
Aye
Jensen
Nay
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Excused
Cruz
Aye
Vanel
Excused

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:05/07/2025AYE/NAY:25/8  Action: Favorable refer to committee Rules        
Pretlow
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Colton
Aye
Hawley
Nay
Cook
Aye
Blankenbush
Nay
Benedetto
Aye
Palmesano
Excused
Weprin
Aye
Walsh
Nay
Ramos
Excused
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Giglio
Nay
Dinowitz
Aye
Magnarelli
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Aye
Septimo
Aye

A03005 Floor Votes:

A03005 Memo:

Memo not available

A03005 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3005--C                                            A. 3005--C
 
                SENATE - ASSEMBLY
 
                                    January 22, 2025
                                       ___________
 
        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  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-
          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 55 of the laws of 1992, amending the tax law  and  other  laws
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-05-5
        S. 3005--C                          2                         A. 3005--C
 
          relating  to  taxes,  surcharges,  fees  and  funding,  in relation to
          extending the expiration of certain provisions  of  such  chapter;  to
          amend  chapter  907  of the laws of 1984, amending the correction law,
          the New York city criminal court act and the executive law relating to
          prison  and  jail housing and alternatives to detention and incarcera-
          tion 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 chapter 412 of the laws of 1999, amending the civil practice law
          and  rules and the court of claims act relating to prisoner litigation
          reform, in relation to extending the expiration of the  inmate  filing
          fee  provisions of the civil practice law and rules and general filing
          fee provision and inmate property claims exhaustion requirement of the
          court of claims act of such chapter; to amend chapter 222 of the  laws
          of  1994  constituting  the  family  protection  and domestic violence
          intervention act of 1994, in relation to extending the  expiration  of
          certain  provisions of the criminal procedure law requiring the arrest
          of certain persons engaged in family violence; to amend chapter 505 of
          the laws of 1985, amending the criminal procedure law relating to  the
          use  of  closed-circuit  television  and other protective measures for
          certain child witnesses, in relation to extending  the  expiration  of
          the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
          ing  the  sentencing  reform act of 1995, in relation to extending the
          expiration of certain provisions of such chapter; to amend chapter 689
          of the laws of 1993 amending the criminal procedure  law  relating  to
          electronic  court  appearance  in  certain  counties,  in  relation to
          extending the expiration thereof; to amend chapter 688 of the laws  of
          2003,  amending  the executive law relating to enacting the interstate
          compact for adult offender supervision, in relation to the  effective-
          ness  thereof;  to  amend chapter 56 of the laws of 2009, amending the
          correction law relating to limiting the closing of certain correction-
          al facilities, providing for the custody by the department of  correc-
          tional  services  of inmates serving definite sentences, providing for
          custody of federal prisoners and  requiring  the  closing  of  certain
          correctional  facilities,  in  relation  to  the effectiveness of such
          chapter; to amend chapter 152 of the laws of 2001 amending  the  mili-
          tary  law  relating  to  military  funds  of the organized militia, in
          relation to the effectiveness thereof; to amend  chapter  554  of  the
          laws  of  1986, amending the correction law and the penal law relating
          to providing for community treatment facilities and  establishing  the
          crime of absconding from the community treatment facility, in relation
          to  the  effectiveness thereof; and to amend chapter 55 of the laws of
          2018, amending the criminal procedure law relating to the pre-criminal
          proceeding settlements in the City of New York,  in  relation  to  the
          effectiveness  thereof  (Part  A);  intentionally omitted (Part B); to
          amend the public officers law, in relation to  residency  requirements
          for certain positions as a correction officer; to amend the retirement
        S. 3005--C                          3                         A. 3005--C
 
          and  social  security  law,  in  relation  to mandatory retirement for
          certain members or officers of the state police; to amend  the  execu-
          tive law, in relation to eligibility for appointment as a sworn member
          of  the  state police; and to amend the civil service law, in relation
          to the requirements for  appointment  of  police  officers  (Part  C);
          intentionally omitted (Part D); intentionally omitted (Part E); inten-
          tionally  omitted (Part F); to amend the executive law, in relation to
          expanding support services for victims of financial abuse and homicide
          (Part G); to amend the executive law and the  public  health  law,  in
          relation  to expanding protections and services to survivors of sexual
          assault (Part H); to amend the social services  law,  in  relation  to
          public  assistance  for  survivors  of  gender-based  violence; and to
          repeal subdivision 4 of section  349-a  of  the  social  services  law
          relating  thereto  (Part  I);  to  amend the state finance law and the
          executive law, in relation to a model gender-based  violence  and  the
          workplace  policy  (Part  J); intentionally omitted (Part K); to amend
          the penal law, in relation to artificial intelligence-generated  child
          sexual abuse material (Part L); intentionally omitted (Part M); inten-
          tionally  omitted  (Part  N);  intentionally  omitted (Part O); inten-
          tionally omitted (Part P); 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 Q); to amend the public authorities law, in relation  to
          the  bonding limit of the New York city transitional finance authority
          (Part R); to amend the real property tax law  and  the  administrative
          code  of  the  city  of  New  York,  in relation to the industrial and
          commercial abatement program (Part S); intentionally omitted (Part T);
          intentionally omitted (Part U); to amend the  civil  service  law,  in
          relation  to extending the waiver of certain state civil service exam-
          ination fees; and to amend part EE of chapter 55 of the laws of  2023,
          amending the civil service law relating to waiving state civil service
          examination  fees  between  July  1,  2023  and  December 31, 2025, in
          relation to the effectiveness thereof (Part V);  to  amend  the  state
          finance  law,  in  relation  to  providing  for  an  alternate payment
          election for certain  employees;  and  providing  for  the  repeal  of
          certain  provisions  of  such  law  relating  thereto (Part W); inten-
          tionally omitted (Part X); to amend chapter 60 of the  laws  of  2015,
          constituting   the  infrastructure  investment  act,  in  relation  to
          construction manager as constructor contracts (Part Y);  intentionally
          omitted  (Part Z); to amend the workers' compensation law, in relation
          to medical providers entitled to render emergency care  and  treatment
          in  cases  of  a workers' compensation injury (Part AA); intentionally
          omitted (Part BB); to amend the workers' compensation law, in relation
          to temporary payment of compensation for medical  treatment  and  care
          (Part  CC);  intentionally  omitted  (Part  DD); intentionally omitted
          (Part EE); intentionally omitted (Part FF); to  amend  the  correction
          law, in relation to addressing accountability within the department of
          corrections   and  community  supervision  (Part  GG);  to  amend  the
          correction law, in relation to the functions, powers and duties of the
          state commission of correction (Part HH); intentionally omitted  (Part
          II);  to  amend  chapter 729 of the laws of 2023, constituting the New
          York State community commission on reparations remedies,  in  relation
          to extending the time the New York State community commission on repa-
          rations  remedies  has  to submit a written report of its findings and
          recommendations to the legislature and the governor (Part JJ);  enact-
          ing the "Oak Orchard wastewater project design-build act"; and provid-
        S. 3005--C                          4                         A. 3005--C
 
          ing  for  the  repeal of such provisions upon expiration thereof (Part
          KK); to amend the judiciary law, in relation to increasing the  amount
          of allowance that trial and grand jurors are entitled to in each court
          of  the unified court system (Part LL); to amend the executive law, in
          relation to establishing the New York state  office  of  gun  violence
          prevention;  and to repeal certain provisions of the public health law
          relating thereto (Part MM); to amend the New  York  city  civil  court
          act, in relation to   additional judges in the civil court of the city
          of  New  York;  and  to  amend the court of claims act, in relation to
          increasing the number of judges of the court of claims (Part  NN);  to
          amend  the  election  law  and  the  state finance law, in relation to
          public campaign financing; and to repeal section 11  of  part  ZZZ  of
          chapter  58  of the laws of 2020 amending the election law relating to
          public financing for state office;  amending  the  state  finance  law
          relating to establishing the New York state campaign finance fund; and
          amending the tax law relating to establishing the NYS campaign finance
          fund check-off, relating to the severability of the provisions thereof
          (Part  OO);  to  amend  the  legislative  law, in relation to delaying
          implementing certain restrictions on outside earned income by  members
          of  the  legislature  until  January  1,  2027 (Part PP); to amend the
          election law, in relation to requiring that candidates for the offices
          of governor and lieutenant governor are designated and voted on joint-
          ly (Part QQ); to  amend  the  executive  law,  in  relation  to  civil
          enforcement  actions  initiated  by the attorney general (Part RR); to
          amend the retirement and social  security  law,  in  relation  to  the
          restoration  of  20  year  service retirement for New York city police
          officers (Part SS); to amend the retirement and social  security  law,
          in  relation  to  establishing  a twenty-five year retirement plan for
          firefighters employed by the division of military  and  naval  affairs
          (Part  TT);  to  amend  the  retirement  and  social  security law, in
          relation to removing eligibility or receipt of primary social security
          disability benefits as a condition for ordinary disability  retirement
          for  certain  members (Part UU); 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 VV); to amend the criminal
          procedure  law,  the  executive  law  and  the  mental hygiene law, in
          relation to virtual appearances in certain  criminal  proceedings;  to
          repeal certain provisions of the criminal procedure law relating ther-
          eto;  and  providing for the repeal of such provisions upon expiration
          thereof (Part WW); to amend the administrative code of the city of New
          York, in relation to promotions of police detectives,  sergeants,  and
          lieutenants for retirement purposes (Part XX); to amend the retirement
          and social security law, in relation to establishing alternative twen-
          ty  and  twenty-five  year  plans  for  certain  officers of state law
          enforcement (Part YY); to amend the correction  law,  in  relation  to
          lowering  the minimum hiring age for correction officers (Part ZZ); 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
          AAA); and in relation to authorizing the department of corrections and
          community supervision to close up to three correctional facilities  in
          the 2025--2026 state fiscal year; and providing for the repeal of such
          provisions upon expiration thereof (Part BBB)
        S. 3005--C                          5                         A. 3005--C
 
          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 2025-2026 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through BBB. 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 2023, is
    16  amended to read as follows:
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law and shall remain in effect until September 1,
    19  [2025] 2027.
    20    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    21  tive law and the  criminal  procedure  law  relating  to  expanding  the
    22  geographic  area of employment of certain police officers, as amended by
    23  section 2 of part A of chapter 55 of the laws of  2023,  is  amended  to
    24  read as follows:
    25    §  3.  This  act  shall  take effect on the first day of November next
    26  succeeding the date on which it shall  have  become  a  law,  and  shall
    27  remain  in effect until the first day of September, [2025] 2027, when it
    28  shall expire and be deemed repealed.
    29    § 3. Section 3 of chapter 886  of  the  laws  of  1972,  amending  the
    30  correction  law  and  the  penal  law  relating to prisoner furloughs in
    31  certain cases and the crime  of  absconding  therefrom,  as  amended  by
    32  section  3  of  part  A of chapter 55 of the laws of 2023, is amended to
    33  read as follows:
    34    § 3. This act shall take effect 60 days after it shall have  become  a
    35  law and shall remain in effect until September 1, [2025] 2027.
    36    §  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
    37  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    38  other chapters and laws relating to correctional facilities, as  amended
    39  by  section 4 of part A of chapter 55 of the laws of 2023, is amended to
    40  read as follows:
    41    § 20. This act shall take effect immediately except that section thir-
    42  teen of this act shall expire and be of no further force  or  effect  on
    43  and  after  September  1,  [2025]  2027  and  shall not apply to persons
    44  committed to the custody of the department after such date, and provided
    45  further that the commissioner of corrections and  community  supervision
    46  shall  report  each January first and July first during such time as the
    47  earned eligibility program is in effect, to the [chairmen] chairs of the
    48  senate crime victims, crime and correction committee, the  senate  codes
    49  committee,  the  assembly  correction  committee, and the assembly codes
    50  committee, the standards in effect for  earned  eligibility  during  the
    51  prior six-month period, the number of [inmates] incarcerated individuals
        S. 3005--C                          6                         A. 3005--C
 
     1  subject to the provisions of earned eligibility, the number who actually
     2  received  certificates of earned eligibility during that period of time,
     3  the number of [inmates] incarcerated individuals with  certificates  who
     4  are granted parole upon their first consideration for parole, the number
     5  with  certificates who are denied parole upon their first consideration,
     6  and the number of individuals granted and denied parole who did not have
     7  earned eligibility certificates.
     8    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
     9  amending the tax law and other laws relating to taxes, surcharges,  fees
    10  and funding, as amended by section 5 of part A of chapter 55 of the laws
    11  of 2023, is amended to read as follows:
    12    (q)  the  provisions  of  section  two hundred eighty-four of this act
    13  shall remain in effect until September 1, [2025] 2027 and be  applicable
    14  to all persons entering the program on or before August 31, [2025] 2027.
    15    §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
    16  correction law and the  penal  law  relating  to  inmate  work  release,
    17  furlough  and  leave, as amended by section 6 of part A of chapter 55 of
    18  the laws of 2023, is amended to read as follows:
    19    § 10. This act shall take effect 30 days after it shall have become  a
    20  law  and  shall  remain  in  effect  until September 1, [2025] 2027, and
    21  provided further that the commissioner of  correctional  services  shall
    22  report  each  January first, and July first, to the [chairman] chairs of
    23  the senate crime victims, crime and  correction  committee,  the  senate
    24  codes  committee,  the  assembly  correction committee, and the assembly
    25  codes committee, the number of eligible [inmates] incarcerated  individ-
    26  uals  in each facility under the custody and control of the commissioner
    27  who have applied for participation in  any  program  offered  under  the
    28  provisions  of  work release, furlough, or leave, and the number of such
    29  [inmates] incarcerated individuals who have been  approved  for  partic-
    30  ipation.
    31    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
    32  relating to certain provisions which impact upon expenditure of  certain
    33  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
    34  state operations budget, as amended by section 7 of part A of chapter 55
    35  of the laws of 2023, is amended to read as follows:
    36    (c) sections forty-one and forty-two of this act shall expire  Septem-
    37  ber  1,  [2025] 2027; provided, that the provisions of section forty-two
    38  of this act shall apply to [inmates] incarcerated  individuals  entering
    39  the work release program on or after such effective date; and
    40    §  8.  Subdivision  (aa)  of  section 427 of chapter 55 of the laws of
    41  1992, amending the tax law and other laws relating to taxes, surcharges,
    42  fees and funding, as amended by section 8 of part A of chapter 55 of the
    43  laws of 2023, is amended to read as follows:
    44    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    45  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    46  expire on September 1, [2025] 2027;
    47    § 9. Section 12 of chapter 907 of  the  laws  of  1984,  amending  the
    48  correction  law,  the New York city criminal court act and the executive
    49  law relating to prison and jail housing and  alternatives  to  detention
    50  and incarceration programs, as amended by section 9 of part A of chapter
    51  55 of the laws of 2023, is amended to read as follows:
    52    §  12.  This  act  shall  take  effect  immediately,  except  that the
    53  provisions of sections one through ten of this act shall remain in  full
    54  force  and  effect  until  September  1, [2025] 2027 on which date those
    55  provisions shall be deemed to be repealed.
        S. 3005--C                          7                         A. 3005--C
 
     1    § 10. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
     2  1991,  amending the tax law and other laws relating to taxes, as amended
     3  by section 10 of part A of chapter 55 of the laws of 2023, is amended to
     4  read as follows:
     5    (p) The amendments to section 1809 of the vehicle and traffic law made
     6  by sections three hundred thirty-seven and three hundred thirty-eight of
     7  this  act  shall not apply to any offense committed prior to such effec-
     8  tive date; provided, further, that section three  hundred  forty-one  of
     9  this act shall take effect immediately and shall expire November 1, 1993
    10  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    11  forty-five and three hundred forty-six of this  act  shall  take  effect
    12  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    13  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    14  shall  take  effect immediately and shall expire June 30, 1995 and shall
    15  revert to and be read as if this act had not been enacted; section three
    16  hundred fifty-eight of this act shall take effect immediately and  shall
    17  expire  June 30, 1998 and shall revert to and be read as if this act had
    18  not been enacted; section three hundred sixty-four through three hundred
    19  sixty-seven of this act shall apply to claims filed  on  or  after  such
    20  effective  date; sections three hundred sixty-nine, three hundred seven-
    21  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    22  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    23  remain in effect until September 1, [2025]  2027,  at  which  time  they
    24  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    25  surcharge provided in section three hundred  seventy-four  of  this  act
    26  shall  apply  to parking violations occurring on or after said effective
    27  date; and provided further that the amendments made to  section  235  of
    28  the vehicle and traffic law by section three hundred seventy-two of this
    29  act,  the amendments made to section 1809 of the vehicle and traffic law
    30  by sections three hundred thirty-seven and three hundred thirty-eight of
    31  this act and the amendments made to section 215-a of the  labor  law  by
    32  section three hundred seventy-five of this act shall expire on September
    33  1,  [2025]  2027  and upon such date the provisions of such subdivisions
    34  and sections shall revert to and be read as if the  provisions  of  this
    35  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    36  section 400.05 of the penal law made by sections three hundred  seventy-
    37  seven  and  three hundred seventy-eight of this act shall expire on July
    38  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    39  revert  and  shall be read as if the provisions of this act had not been
    40  enacted; the state board of law examiners shall take such action  as  is
    41  necessary to assure that all applicants for examination for admission to
    42  practice  as  an  attorney and counsellor at law shall pay the increased
    43  examination fee provided for by the amendment made to section 465 of the
    44  judiciary law by section three hundred eighty of this act for any  exam-
    45  ination given on or after the effective date of this act notwithstanding
    46  that an applicant for such examination may have prepaid a lesser fee for
    47  such examination as required by the provisions of such section 465 as of
    48  the  date  prior  to  the  effective date of this act; the provisions of
    49  section 306-a of the civil practice law and rules as  added  by  section
    50  three  hundred eighty-one of this act shall apply to all actions pending
    51  on or commenced on or after September 1, 1991, provided,  however,  that
    52  for  the  purposes of this section service of such summons made prior to
    53  such date shall be deemed to have been completed on September  1,  1991;
    54  the  provisions  of section three hundred eighty-three of this act shall
    55  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    56  partially  secured  bail  bond  on or after such effective date; and the
        S. 3005--C                          8                         A. 3005--C
 
     1  provisions of sections  three  hundred  eighty-four  and  three  hundred
     2  eighty-five  of  this  act  shall  apply  only to jury service commenced
     3  during a judicial term beginning on or after the effective date of  this
     4  act; provided, however, that nothing contained herein shall be deemed to
     5  affect  the  application,  qualification,  expiration  or  repeal of any
     6  provision of law amended by any section of this act and such  provisions
     7  shall  be  applied or qualified or shall expire or be deemed repealed in
     8  the same manner, to the same extent and on the same date as the case may
     9  be as otherwise provided by law;
    10    § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    11  amended by section 11 of part A of chapter 55 of the laws  of  2023,  is
    12  amended to read as follows:
    13    8. The provisions of this section shall only apply to offenses commit-
    14  ted on or before September first, two thousand [twenty-five] twenty-sev-
    15  en.
    16    § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    17  cle  and  traffic law relating to the ignition interlock device program,
    18  as amended by section 12 of part A of chapter 55 of the laws of 2023, is
    19  amended to read as follows:
    20    § 6. This act shall take  effect  on  the  first  day  of  April  next
    21  succeeding  the  date  on  which  it  shall have become a law; provided,
    22  however, that effective immediately, the addition, amendment  or  repeal
    23  of  any rule or regulation necessary for the implementation of the fore-
    24  going sections of this act on their effective  date  is  authorized  and
    25  directed  to  be made and completed on or before such effective date and
    26  shall remain in full force and effect until the first day of  September,
    27  [2025]  2027  when  upon  such  date the provisions of this act shall be
    28  deemed repealed.
    29    § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    30  laws of 1997, amending the military law and other laws relating to vari-
    31  ous provisions, as amended by section 13 of part A of chapter 55 of  the
    32  laws of 2023, is amended to read as follows:
    33    a.  sections  forty-three  through forty-five of this act shall expire
    34  and be deemed repealed on September 1, [2025] 2027;
    35    § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
    36  the civil practice law and rules and the court of claims act relating to
    37  prisoner litigation reform, as amended by section 14 of part A of  chap-
    38  ter 55 of the laws of 2023, is amended to read as follows:
    39    §  4. This act shall take effect 120 days after it shall have become a
    40  law and shall remain in full force and effect until September 1,  [2025]
    41  2027, when upon such date it shall expire.
    42    §  15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
    43  constituting the family protection and  domestic  violence  intervention
    44  act  of  1994,  as  amended by section 15 of part A of chapter 55 of the
    45  laws of 2023, is amended to read as follows:
    46    2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
    47  added  by  section  thirty-two  of this act shall take effect January 1,
    48  1996 and shall expire and be deemed  repealed  on  September  1,  [2025]
    49  2027.
    50    § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    51  inal  procedure law relating to the use of closed-circuit television and
    52  other protective measures for certain child  witnesses,  as  amended  by
    53  section  16  of  part A of chapter 55 of the laws of 2023, is amended to
    54  read as follows:
    55    § 5. This act shall take effect immediately and  shall  apply  to  all
    56  criminal  actions  and proceedings commenced prior to the effective date
        S. 3005--C                          9                         A. 3005--C
 
     1  of this act but still pending on such  date  as  well  as  all  criminal
     2  actions  and  proceedings  commenced on or after such effective date and
     3  its provisions shall expire on  September 1, [2025] 2027, when upon such
     4  date the provisions of this act shall be deemed repealed.
     5    §  17.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
     6  enacting the sentencing reform act of 1995, as amended by section 17  of
     7  part A of chapter 55 of the laws of 2023, is amended to read as follows:
     8    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
     9  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    10  be deemed repealed on September 1, [2025] 2027;
    11    § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    12  inal  procedure  law  relating to electronic court appearance in certain
    13  counties, as amended by section 18 of part A of chapter 55 of  the  laws
    14  of 2023, is amended to read as follows:
    15    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    16  provisions of this act shall be deemed to have been in  full  force  and
    17  effect  since  July  1, 1992 and the provisions of this act shall expire
    18  September 1, [2025] 2027 when upon such date the provisions of this  act
    19  shall be deemed repealed.
    20    § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    21  utive law relating to enacting the interstate compact for adult offender
    22  supervision,  as  amended  by  section 19 of part A of chapter 55 of the
    23  laws of 2023, is amended to read as follows:
    24    § 3. This act shall take effect immediately, except that  section  one
    25  of  this  act  shall take effect on the first of January next succeeding
    26  the date on which it shall have become a law, and shall remain in effect
    27  until the first of September, [2025] 2027,  upon  which  date  this  act
    28  shall  be deemed repealed and have no further force and effect; provided
    29  that section one of this act shall only take effect with respect to  any
    30  compacting  state  which  has  enacted  an  interstate  compact entitled
    31  "Interstate compact for adult offender supervision" and having an  iden-
    32  tical  effect  to  that  added  by  section one of this act and provided
    33  further that with respect to any such compacting state, upon the  effec-
    34  tive date of section one of this act, section 259-m of the executive law
    35  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    36  added by section one of  this  act,  shall  take  effect;  and  provided
    37  further  that  with respect to any state which has not enacted an inter-
    38  state compact entitled "Interstate compact  for  adult  offender  super-
    39  vision"  and  having an identical effect to that added by section one of
    40  this act, section 259-m of the executive law shall take effect  and  the
    41  provisions  of  section one of this act, with respect to any such state,
    42  shall have no force or effect until such time as such state shall  adopt
    43  an  interstate  compact  entitled "Interstate compact for adult offender
    44  supervision" and having an identical effect to that added by section one
    45  of this act in which case, with respect to such state,  effective  imme-
    46  diately,  section  259-m  of  the  executive  law is deemed repealed and
    47  section 259-mm of the executive law, as added by  section  one  of  this
    48  act, shall take effect.
    49    §  20. Section 8 of part H of chapter 56 of the laws of 2009, amending
    50  the correction law relating to limiting the closing of  certain  correc-
    51  tional  facilities,  providing  for  the  custody  by  the department of
    52  correctional services of inmates serving definite  sentences,  providing
    53  for  custody  of  federal prisoners and requiring the closing of certain
    54  correctional facilities, as amended by section 20 of part A  of  chapter
    55  55 of the laws of 2023, is amended to read as follows:
        S. 3005--C                         10                         A. 3005--C
 
     1    §  8.  This  act shall take effect immediately; provided, however that
     2  sections five and six of this act shall expire and  be  deemed  repealed
     3  September 1, [2025] 2027.
     4    § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
     5  the military law relating to military funds of the organized militia, as
     6  amended  by  section  21 of part A of chapter 55 of the laws of 2023, is
     7  amended to read as follows:
     8    § 3. This act shall take effect immediately; provided however that the
     9  amendments made to subdivision 1 of section 221 of the military  law  by
    10  section two of this act shall expire and be deemed repealed September 1,
    11  [2025] 2027.
    12    §  22.  Section  5  of  chapter  554 of the laws of 1986, amending the
    13  correction law and the penal law relating  to  providing  for  community
    14  treatment  facilities  and establishing the crime of absconding from the
    15  community treatment facility, as amended by section  22  of  part  A  of
    16  chapter 55 of the laws of 2023, is amended to read as follows:
    17    §  5.  This act shall take effect immediately and shall remain in full
    18  force and effect until September 1, [2025] 2027,  and  provided  further
    19  that the commissioner of correctional services shall report each January
    20  first  and July first during such time as this legislation is in effect,
    21  to the  [chairmen]  chairs  of  the  senate  crime  victims,  crime  and
    22  correction   committee,   the   senate  codes  committee,  the  assembly
    23  correction committee, and the assembly codes committee,  the  number  of
    24  individuals  who  are  released to community treatment facilities during
    25  the previous six-month period, including the total number for each  date
    26  at  each  facility who are not residing within the facility, but who are
    27  required to report to the facility on a daily or less frequent basis.
    28    § 23. Section 2 of part F of chapter 55 of the laws of 2018,  amending
    29  the  criminal  procedure law relating to pre-criminal proceeding settle-
    30  ments in the city of New York, as amended by section 23  of  part  A  of
    31  chapter 55 of the laws of 2023, is amended to read as follows:
    32    §  2.  This act shall take effect immediately and shall remain in full
    33  force and effect until March 31, [2025] 2027, when it shall  expire  and
    34  be deemed repealed.
    35    § 24. This act shall take effect immediately.
 
    36                                   PART B
 
    37                            Intentionally Omitted
 
    38                                   PART C
 
    39    Section  1.  Section 3 of the public officers law is amended by adding
    40  a new subdivision 9-a to read as follows:
    41    9-a. The provisions of this section requiring a person to be  a  resi-
    42  dent of the state shall not apply to any person employed as a correction
    43  officer trainee or correction officer who is employed at a state correc-
    44  tional facility.
    45    §  2.    Subdivision  e  of section 381-b of the retirement and social
    46  security law, as amended by chapter 97 of the laws of 2008,  is  amended
    47  to read as follows:
    48    e.  Mandatory  retirement.  A member subject to the provisions of this
    49  section shall be retired on December thirty-first of the year  in  which
    50  [he or she] such member attains [sixty] sixty-three years of age.
        S. 3005--C                         11                         A. 3005--C
 
     1    Notwithstanding  the  foregoing, any member in service in the division
     2  on August fifteenth, two thousand seven, and who on that date was  enti-
     3  tled  to receive retirement benefits on the thirty-first day of December
     4  in the year in which [he or she] such member attained fifty-seven  years
     5  of  age as provided in paragraph three of subdivision b of this section,
     6  may elect to retain such entitlement, provided  the  member  remains  in
     7  service  on  the  thirtieth  day of December in the year in which [he or
     8  she] such member attains fifty-seven years of age,  and  any  member  in
     9  service  in  the  division  on August thirty-first, two thousand twenty-
    10  five, and who on that date was entitled to receive  retirement  benefits
    11  on  the  thirty-first  day of December in the year in which  such member
    12  attained sixty years of age as provided in paragraph three  of  subdivi-
    13  sion  b  of this section, may elect to retain such entitlement, provided
    14  the member remains in service on the thirtieth day of  December  in  the
    15  year in which  such member attains sixty years of age. The provisions of
    16  this subdivision shall not apply to the superintendent.
    17    § 3.  Subdivision 3 of section 215 of the executive law, as amended by
    18  chapter 478 of the laws of 2004, is amended to read as follows:
    19    3.  The  sworn members of the New York state police shall be appointed
    20  by the superintendent and permanent appointees may  be  removed  by  the
    21  superintendent only after a hearing. No person shall be appointed to the
    22  New  York  state  police force as a sworn member unless [he or she] such
    23  person shall be a citizen of the United  States,  between  the  ages  of
    24  twenty-one  and  [twenty-nine  years except that in the superintendent's
    25  discretion, the maximum age may be extended to thirty-five]  forty-three
    26  years.  Notwithstanding  any  other  provision  of law or any general or
    27  special law to the contrary the time spent on military duty, not exceed-
    28  ing a total of six years, shall be subtracted from the age of any appli-
    29  cant who has passed [his or her twenty-ninth] their  forty-third  birth-
    30  day,  solely  for  the purpose of permitting qualification as to age and
    31  for no other purpose. Such limitations as to age however shall not apply
    32  to persons appointed to the positions of counsel, first assistant  coun-
    33  sel, assistant counsel, and assistant deputy superintendent for employee
    34  relations nor to any person appointed to the bureau of criminal investi-
    35  gation pursuant to section two hundred sixteen of this article nor shall
    36  any  person  be appointed unless [he or she] such person has fitness and
    37  good moral character and shall have passed a physical and  mental  exam-
    38  ination  based  upon  standards provided by the rules and regulations of
    39  the superintendent. Appointments shall be made for a probationary period
    40  which, in the case of appointees required to attend and complete a basic
    41  training program at the state police academy, shall  include  such  time
    42  spent attending the basic school and terminate one year after successful
    43  completion thereof. All other sworn members shall be subject to a proba-
    44  tionary  period  of  one  year  from  the date of appointment. Following
    45  satisfactory completion of the probationary period the member shall be a
    46  permanent appointee. Voluntary resignation or withdrawal  from  the  New
    47  York  state  police  during  such  appointment shall be submitted to the
    48  superintendent for approval.   Reasonable  time  shall  be  required  to
    49  account  for  all  equipment  issued  or for debts or obligations to the
    50  state to be satisfied.  Resignation  or  withdrawal  from  the  division
    51  during  a  time  of emergency, so declared by the governor, shall not be
    52  approved if contrary to the best interest of the state and  shall  be  a
    53  misdemeanor.  No  sworn  member  removed  from the New York state police
    54  shall be eligible for reappointment. The superintendent shall make rules
    55  and regulations subject to approval by the governor for  the  discipline
    56  and  control  of  the  New York state police and for the examination and
        S. 3005--C                         12                         A. 3005--C
 
     1  qualifications of applicants for appointment as members thereto and such
     2  examinations shall be held and conducted by the  superintendent  subject
     3  to  such  rules  and  regulations.  The  superintendent is authorized to
     4  charge  a  fee  of  twenty  dollars as an application fee for any person
     5  applying to take a competitive examination for the position of  trooper,
     6  and a fee of five dollars for any competitive examination for a civilian
     7  position. The superintendent shall promulgate regulations subject to the
     8  approval  of  the director of the budget, to provide for a waiver of the
     9  application fee when the fee would cause an unreasonable hardship on the
    10  applicant and to establish a fee schedule and charge fees for the use of
    11  state police facilities.
    12    § 4. Section 58 of the civil service law, as amended by chapter 560 of
    13  the laws of 1978, subdivisions 1 and 2 as amended by chapter 244 of  the
    14  laws  of  2013,  paragraphs  (c)  and (d) of subdivision 1 as amended by
    15  section 16 and subdivision 5 as amended by section 17  of  part  BBB  of
    16  chapter 59 of the laws of 2021, subdivision 1-b as added by chapter 1016
    17  of the laws of 1983, subdivision 1-c as added by chapter 840 of the laws
    18  of  1985,  subdivision  3 as amended by chapter 561 of the laws of 2015,
    19  subdivision 4 as separately amended by chapters 375 and 397 of the  laws
    20  of  1990,  paragraphs (a) and (b) of subdivision 4 as amended by chapter
    21  561 of the laws of 2015, paragraph (c) of subdivision 4  as  amended  by
    22  chapter  190  of  the laws of 2008, subparagraphs (ii) and (iv) of para-
    23  graph (c) of subdivision 4 as amended by section 58 of subpart B of part
    24  C of chapter 62 of the laws of 2011 and subdivision 6 as added by  chap-
    25  ter 558 of the laws of 1979, is amended to read as follows:
    26    § 58. Requirements  for  [provisional  or  permanent]  appointment  of
    27  certain police officers. 1. Notwithstanding any other provision of  this
    28  law  or  any  general,  special  or local law to the contrary, no person
    29  shall be eligible for [provisional or  permanent]  appointment  [in  the
    30  competitive  class  of  the  civil  service]  as a police officer of the
    31  department of environmental conservation  or  of  any  police  force  or
    32  police  department of any county, city, town, village, housing authority
    33  or police district unless [he or she] they shall satisfy  the  following
    34  basic requirements:
    35    (a)  [he  or  she is] they are not less than twenty years of age as of
    36  the date of appointment nor more than [thirty-five] forty-three years of
    37  age as of the date when the applicant  takes  the  written  examination,
    38  provided  that  the maximum age requirement of [thirty-five] forty-three
    39  years of age as set forth in this paragraph shall not apply to  eligible
    40  lists  finalized  pursuant  to  an examination administered prior to May
    41  thirty-first, nineteen hundred ninety-nine or a police  officer  in  the
    42  department of environmental conservation, provided, however, that:
    43    (i)  time spent on military duty or on terminal leave, not exceeding a
    44  total of six years, shall be subtracted from the age  of  any  applicant
    45  who  has  passed [his or her thirty-fifth] their forty-third birthday as
    46  provided in subdivision ten-a of section two hundred forty-three of  the
    47  military law;
    48    (ii)  such  maximum age requirement of [thirty-five] forty-three years
    49  shall not apply to any police officer as defined in subdivision  thirty-
    50  four of section 1.20 of the criminal procedure law, who was continuously
    51  employed  by  the  Buffalo  municipal  housing authority between January
    52  first, two thousand five and June thirtieth, two thousand five  and  who
    53  takes  the  next  written  exam offered after the effective date of this
    54  subparagraph by the city of Buffalo civil service commission for employ-
    55  ment as a police officer in the city of Buffalo  police  department,  or
    56  June thirtieth, two thousand six, whichever is later; and
        S. 3005--C                         13                         A. 3005--C
 
     1    (iii)  such maximum age requirement of [thirty-five] forty-three years
     2  shall not apply to any police officer  of  any  county,  town,  city  or
     3  village  police  force not otherwise provided for in this section if the
     4  eligible list has been exhausted and there are no other eligible  candi-
     5  dates;  provided,  however,  the  police  officer  themselves are on the
     6  eligible list of such county, town, city or village and meet  all  other
     7  requirements  of  merit and fitness set forth by this chapter and do not
     8  exceed the maximum age of [thirty-nine] forty-three;
     9    (b) [he or she is] they are a high school graduate or a  holder  of  a
    10  high school equivalency diploma issued by an education department of any
    11  of  the  states of the United States or a holder of a comparable diploma
    12  issued by any commonwealth, territory or possession of the United States
    13  or by the Canal Zone or a holder of a  report  from  the  United  States
    14  armed  forces certifying [his or her] their successful completion of the
    15  tests of general educational development, high school level;
    16    (c) [he or she satisfies] they satisfy the  height,  weight,  physical
    17  and  psychological  fitness  requirements  prescribed  by  the municipal
    18  police training council pursuant to  the  provisions  of  section  eight
    19  hundred forty of the executive law; and
    20    (d)  [he  or she is] they are of good moral character as determined in
    21  accordance with the background investigation standards of the  municipal
    22  police  training  council  pursuant  to  the provisions of section eight
    23  hundred forty of the executive law.
    24    1-b. Notwithstanding the provisions  of  any  other  section  of  law,
    25  general,  special  or  local,  in  political  subdivisions maintaining a
    26  police department serving a population of one hundred fifty thousand  or
    27  less,  no person shall be eligible for appointment nor shall [he or she]
    28  they be appointed to any rank above the rank of  police  officer  unless
    29  [he or she has] they have been appointed a police officer from an eligi-
    30  ble  list  established  according  to  merit  and fitness as provided by
    31  section six of article five of the constitution of the state of New York
    32  or has previously served as a member of the New York state police.
    33    1-c. Notwithstanding the provisions  of  any  other  section  of  law,
    34  general,  special  or  local,  any  political  subdivision maintaining a
    35  police department serving a population of one hundred fifty thousand  or
    36  less  and  with  positions for more than four full-time police officers,
    37  shall maintain the office of chief of police.
    38    2. The provisions of this section shall not prevent any county,  city,
    39  town,  village, housing authority, transit authority, police district or
    40  the department of environmental conservation from setting more  restric-
    41  tive  requirements  of  eligibility for its police officers[, except the
    42  maximum age to be a police officer  as  provided  in  paragraph  (a)  of
    43  subdivision one of this section].
    44    3.  As  used in this section, the term "police officer" means a police
    45  officer in the  department  of  environmental  conservation,  the  state
    46  university  police,  a  member  of  the  regional state park police or a
    47  police force, police department, or  other  organization  of  a  county,
    48  city,  town,  village,  housing  authority,  transit authority or police
    49  district, who is responsible for the prevention and detection  of  crime
    50  and the enforcement of the general criminal laws of the state, but shall
    51  not  include any person serving as such solely by virtue of [his or her]
    52  occupying any other office or position, nor shall such  term  include  a
    53  sheriff,  under-sheriff,  commissioner  of  police,  deputy or assistant
    54  commissioner of police, chief of police, deputy or  assistant  chief  of
    55  police  or  any  person  having  an equivalent title who is appointed or
    56  employed to exercise equivalent supervisory authority.
        S. 3005--C                         14                         A. 3005--C
 
     1    4. (a) [Any person who has received provisional or permanent  appoint-
     2  ment  in  the competitive class of the civil service as a police officer
     3  of the regional state park police, the  state  university  of  New  York
     4  police, the department of environmental conservation or any police force
     5  or police department of any county, city, town, village, housing author-
     6  ity,  transit  authority  or police district shall be eligible to resign
     7  from any police force or police department, and to  be  appointed  as  a
     8  police  officer  in the same or any other police force or police depart-
     9  ment without satisfying the age requirements set forth in paragraph  (a)
    10  of  subdivision one of this section at the time of such second or subse-
    11  quent appointment, provided such second or subsequent appointment occurs
    12  within thirty days of the date of resignation.
    13    (b)] Any person who has received permanent appointment in the  compet-
    14  itive  class  of  the  civil service as a police officer of the regional
    15  state park police, the state university of New York police, the  depart-
    16  ment of environmental conservation or any police force or police depart-
    17  ment  of  any  county,  city,  town, village, housing authority, transit
    18  authority or police district shall be eligible to resign from any police
    19  force or police department and, subject to such civil service  rules  as
    20  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    21  police force or police department or in any other police force or police
    22  department to which [he or she was] they  were  eligible  for  transfer,
    23  without  satisfying  the  age requirements set forth in paragraph (a) of
    24  subdivision one of this section  at  the  time  of  such  reinstatement,
    25  provided such reinstatement occurs within one year of the date of resig-
    26  nation.
    27    [(c)]  (b)  (i)  Legislative findings and declaration. The legislature
    28  hereby finds and declares that it is frequently impracticable to  ascer-
    29  tain  fitness  for  the  positions  of detective and investigator within
    30  various police or sheriffs departments around the state by  means  of  a
    31  competitive  examination due to the unique nature of the duties assigned
    32  and the intangible personal qualities needed to perform such duties. The
    33  legislature further finds that competitive examination  has  never  been
    34  employed  in  many police, correction or sheriffs departments, to ascer-
    35  tain fitness for the positions of detective and investigator within such
    36  police, correction or sheriffs departments; such fitness has always been
    37  determined by evaluation of the capabilities of an individual  (who  has
    38  in  any  case  received  permanent appointment to the position of police
    39  officer, correction officer of any rank or deputy sheriff) by superviso-
    40  ry personnel. The legislature  further  finds  that  an  individual  who
    41  performs in an investigatory position in a manner sufficiently satisfac-
    42  tory  to  the  appropriate  supervisors to hold such an assignment for a
    43  period of eighteen months, has demonstrated fitness for the position  of
    44  detective  or  investigator  within  such police, correction or sheriffs
    45  department at least as sufficiently as could be ascertained by means  of
    46  a competitive examination.
    47    (ii)  Notwithstanding any other provision of law, in any jurisdiction,
    48  other than a city with a population of one million or more or the  state
    49  department  of  corrections  and  community  supervision, which does not
    50  administer examinations for designation to  detective  or  investigator,
    51  any  person  who  has  received permanent appointment to the position of
    52  police officer, correction officer of any rank or deputy sheriff and  is
    53  temporarily  assigned to perform the duties of detective or investigator
    54  shall, whenever such assignment to the duties of a detective or investi-
    55  gator exceeds eighteen months, be permanently designated as a  detective
        S. 3005--C                         15                         A. 3005--C
 
     1  or  investigator and receive the compensation ordinarily paid to persons
     2  in such designation.
     3    (iii)  Nothing  contained in subparagraph (ii) of this paragraph shall
     4  be construed to limit any jurisdiction's ability to administer  examina-
     5  tions  for  appointment  to the positions of detective and investigator,
     6  provided however that any person temporarily  assigned  to  perform  the
     7  duties of detective or investigator within the period commencing Septem-
     8  ber  twenty-third,  nineteen  hundred ninety-three through and including
     9  the date upon which this paragraph shall have become a law and  who  has
    10  not  been designated as a detective or investigator and who has not been
    11  subject to an examination for which there is a certified eligible  list,
    12  shall  be permanently designated as a detective or investigator whenever
    13  such assignment to the duties of detective or investigator exceeds eigh-
    14  teen months.
    15    (iv) Detectives and investigators designated since  September  twenty-
    16  third,  nineteen  hundred  ninety  and  prior to February twenty-fourth,
    17  nineteen hundred ninety-five by any state, county, town, village or city
    18  (other than a city with a population of one million or more or the state
    19  department of corrections and community supervision) police,  correction
    20  or  sheriffs department, pursuant to the provisions of this paragraph in
    21  effect during such period, who continue  to  serve  in  such  positions,
    22  shall retain their detective or investigator status without any right to
    23  retroactive financial entitlement.
    24    5. The provisions of this section shall not apply to the investigatory
    25  personnel  of the office of the district attorney in any county, includ-
    26  ing any county within the city of New York.
    27    6. The provisions of this section shall not apply  to  any  individual
    28  holding  the  position  of deputy sheriff in Westchester county prior to
    29  July first, nineteen hundred seventy-nine  upon  the  transfer  of  such
    30  individual  to  service  in  the Westchester county department of public
    31  safety services.
    32    § 5.  This act shall take effect September 1, 2025.

    33                                   PART D
 
    34                            Intentionally Omitted
 
    35                                   PART E
 
    36                            Intentionally Omitted
 
    37                                   PART F
 
    38                            Intentionally Omitted
 
    39                                   PART G
 
    40    Section 1. Paragraphs (i), (j) and (k) of subdivision 1 of section 624
    41  of the executive law, paragraph (i) as amended by section 9 of part  A-1
    42  of  chapter  56 of the laws of 2010, paragraph (j) as amended by chapter
    43  427 of the laws of 1999, paragraph (k) as amended by chapter 117 of  the
    44  laws  of  2017,  are amended and a new paragraph (l) is added to read as
    45  follows:
        S. 3005--C                         16                         A. 3005--C
 
     1    (i) a surviving spouse of a crime victim  who  died  from  causes  not
     2  directly  related  to  the crime when such victim died prior to filing a
     3  claim with the office or subsequent to filing a claim but prior  to  the
     4  rendering  of  a  decision by the office. Such award shall be limited to
     5  out-of-pocket loss incurred as a direct result of the crime; [and]
     6    (j)  a  spouse,  child  or  stepchild  of  a victim of a crime who has
     7  sustained personal physical injury as a direct result of a crime[.];
     8    (k) a surviving spouse,  grandparent,  parent,  stepparent,  guardian,
     9  [brother, sister, stepbrother, stepsister,] sibling, stepsibling, child,
    10  stepchild,  or  grandchild  of  a victim of a crime who died as a direct
    11  result of such crime and where such  crime  occurred  in  the  residence
    12  shared by such family member or members and the victim[.]; and
    13    (l)  any  person not otherwise eligible under this subdivision who has
    14  paid for or incurred the crime scene  cleanup  expenses,  provided  that
    15  such  person shall only be eligible to receive an award under this arti-
    16  cle for crime scene cleanup.
    17    § 2. Subdivisions 2, 5, 9 and 18 of section 631 of the executive  law,
    18  subdivision 2 as amended by chapter 233 of the laws of 2020, subdivision
    19  5  as  amended  by  section  22 of part A-1 of chapter 56 of the laws of
    20  2010, paragraph (e) of subdivision 5 as amended by  chapter  70  of  the
    21  laws  of  2020,  paragraph (f) of subdivision 5 as added by section 5 of
    22  part H of chapter 55 of the laws of 2017, paragraph (g) of subdivision 5
    23  as added by chapter 494 of the laws of 2018, subdivision 9 as amended by
    24  section 1 of part I of chapter 55 of the laws of 2022,  and  subdivision
    25  18  as  added by chapter 119 of the laws of 2013, are amended to read as
    26  follows:
    27    2. Any award made pursuant to this article shall be in an  amount  not
    28  exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
    29  incurred for medical or other services necessary  as  a  result  of  the
    30  injury  upon  which  the  claim  is  based;  loss of earnings or support
    31  resulting from such injury not to exceed thirty thousand  dollars;  loss
    32  of  savings  not  to exceed thirty thousand dollars; burial expenses not
    33  exceeding [six] twelve thousand dollars of a victim who died on or after
    34  November first, nineteen ninety-six as a direct result of a  crime;  the
    35  costs of crime scene cleanup and securing of a crime scene not exceeding
    36  twenty-five  hundred dollars; reasonable relocation expenses not exceed-
    37  ing twenty-five hundred dollars; reasonable employment-related transpor-
    38  tation expenses, not exceeding twenty-five hundred dollars and the unre-
    39  imbursed cost of repair or replacement of articles of essential personal
    40  property lost, damaged or destroyed as a direct result of the crime.  An
    41  award  for  loss  of earnings shall include earnings lost by a parent or
    42  guardian as a result of the hospitalization of a child victim under  age
    43  eighteen for injuries sustained as a direct result of a crime.  In addi-
    44  tion to the medical or other services necessary as a result of the inju-
    45  ry  upon  which the claim is based, an award may be made for rehabilita-
    46  tive occupational training for the purpose of job retraining or  similar
    47  employment-oriented  rehabilitative  services  based upon the claimant's
    48  medical and employment history. For the  purpose  of  this  subdivision,
    49  rehabilitative occupational training shall include but not be limited to
    50  educational  training  and expenses. An award for rehabilitative occupa-
    51  tional training may be made to a victim, or to  a  family  member  of  a
    52  victim  where  necessary  as  a  direct result of a crime.  An award for
    53  employment-related transportation expenses shall be limited to the  time
    54  period  necessary  due  to the personal physical injuries sustained as a
    55  direct result of the crime upon which the claim is based, as  determined
        S. 3005--C                         17                         A. 3005--C
 
     1  by  the  medical  information  collected during the investigation of the
     2  claim.
     3    5.  (a)  [In] Except as provided in paragraph (g) of this subdivision,
     4  in determining the amount of an award, the office shall determine wheth-
     5  er, because of [his] such victim's conduct, the  victim  of  such  crime
     6  contributed  to  the  infliction  of [his] such victim's injury, and the
     7  office shall reduce the amount of the award or reject  the  claim  alto-
     8  gether, in accordance with such determination.
     9    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    10  sion, the office shall disregard for this purpose the responsibility  of
    11  the  victim  for  [his]  such victim's own injury where the record shows
    12  that the person injured was acting as a good samaritan,  as  defined  in
    13  this article.
    14    (c)  Notwithstanding any inconsistent provision of this article, where
    15  the person injured acted as a good samaritan, the  office  may,  without
    16  regard  to  the  financial difficulty of the claimant, make an award for
    17  out-of-pocket losses. Such award may also include compensation  for  any
    18  loss  of  property  up  to  five thousand dollars suffered by the victim
    19  during the course of [his] such victim's actions as a good samaritan.
    20    (d) Notwithstanding any inconsistent provision of this article,  where
    21  a person acted as a good samaritan, and was killed as a direct result of
    22  the crime, the office may, without regard to the financial difficulty of
    23  the  claimant, make a lump sum award to such claimant for actual loss of
    24  support not to exceed thirty thousand dollars.
    25    (e) Notwithstanding any inconsistent provision of this article,  where
    26  a  police  officer  or  firefighter,  both paid and volunteer, dies from
    27  injuries received in the line of duty as a direct result of a crime, the
    28  office may, without regard to the financial difficulty of the  claimant,
    29  make  an  award for the unreimbursed counseling expenses of the eligible
    30  spouse, domestic partner, parents, [brothers, sisters] siblings or chil-
    31  dren of such victim, and/or the reasonable burial expenses  incurred  by
    32  the claimant.
    33    (f)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    34  sion, the office shall disregard for this purpose the responsibility  of
    35  the victim for [his or her] such victim's own loss of savings.
    36    (g)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    37  sion, when determining a claim made by a person eligible under paragraph
    38  (b), (c) or (d) of subdivision one of section six hundred twenty-four of
    39  this article, if the crime upon which the claim is based resulted in the
    40  death of the victim, the office shall [determine] not consider  whether,
    41  because of [his or her] their conduct, the victim of such crime contrib-
    42  uted  to [the infliction of his or her injury, and the office may reduce
    43  the amount of the award by no more than  fifty  percent,  in  accordance
    44  with such determination] their death.
    45    9.  (a) Any award made for the cost of repair or replacement of essen-
    46  tial personal property, including  cash  losses  of  essential  personal
    47  property,  shall be limited to an amount of twenty-five hundred dollars,
    48  except that all cash losses of  essential  personal  property  shall  be
    49  limited  to  the amount of one hundred dollars. In the case of medically
    50  necessary life-sustaining equipment which was lost  or  damaged  as  the
    51  direct  result  of  a crime, the award shall be limited to the amount of
    52  ten thousand dollars.
    53    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    54  sion,  in  the  case  of  cash losses which were the result of an act or
    55  series of acts of larceny as defined in article one  hundred  fifty-five
    56  of the penal law, perpetrated by the same actor indicated by a report or
        S. 3005--C                         18                         A. 3005--C
 
     1  reports  obtained  from a criminal justice agency as defined in subdivi-
     2  sion one of this section, and a receipt, receipts or similar  documenta-
     3  tion is provided showing such cash loss or losses, a single claim may be
     4  filed  and  an  award  may be made for cash losses of essential personal
     5  property for each act up to a cumulative amount of no more than  twenty-
     6  five hundred dollars.
     7    18.  Notwithstanding  any  inconsistent  provision of this article and
     8  subject to any applicable maximum award limitations  contained  in  this
     9  section,  where  a  victim has died as a direct result of the crime upon
    10  which the claim is based and the crime occurred in the  residence  of  a
    11  person eligible pursuant to [paragraph] paragraphs (k) and (l) of subdi-
    12  vision  one  of  section  six  hundred  twenty-four of this article, the
    13  office may make no more than one award for crime scene clean-up  related
    14  to such residence.
    15    §  3.  Subdivision 10 of section 621 of the executive law, as added by
    16  chapter 688 of the laws of 1985, is amended to read as follows:
    17    10. "Disabled victim" shall mean a person who has  [(a)]  a  physical,
    18  mental  or  medical impairment [from anatomical, physiological or neuro-
    19  logical conditions], as evidenced by medical records, which prevents the
    20  exercise of a normal bodily function [or is  demonstrable  by  medically
    21  accepted clinical or laboratory diagnostic techniques or (b) a record of
    22  such  an  impairment  or  (c)  a condition regarded by others as such an
    23  impairment] at the time of the crime.
    24    § 4. Subdivision 2 of section 630 of the executive law, as amended  by
    25  chapter 494 of the laws of 2018, is amended to read as follows:
    26    2.  Notwithstanding the provisions of subdivision one of this section,
    27  if the crime upon which the claim is based resulted in the death of  the
    28  victim, and it appears to the office that such claim is one with respect
    29  to  which an award probably will be made, and undue hardship will result
    30  to the claimant if immediate payment is not made, the  office  may  make
    31  one  or  more  emergency  awards  to  the claimant for reasonable burial
    32  expenses pending a final decision of the office or payment of  an  award
    33  in  the  case;  provided, however, that the total amount of an emergency
    34  award or awards for reasonable burial expenses shall not exceed  [three]
    35  six thousand dollars. The amount of such emergency award or awards shall
    36  be deducted from any final award made to the claimant, and the excess of
    37  the  amount  of  any  such  award or awards over the amount of the final
    38  award, of the full amount of an emergency award or awards  if  no  final
    39  award is made, shall be repaid by the claimant to the office.
    40    § 5. This act shall take effect on the one hundred eightieth day after
    41  it  shall  have  become  a law and shall apply to all claims filed on or
    42  after such effective date.
 
    43                                   PART H
 
    44    Section 1. Subdivision 13 of section 631  of  the  executive  law,  as
    45  amended  by  section 3 of subpart S of part XX of chapter 55 of the laws
    46  of 2020, is amended to read as follows:
    47    13. (a) Notwithstanding any other provision of  law,  rule,  or  regu-
    48  lation  to  the  contrary,  when any New York state accredited hospital,
    49  accredited sexual assault examiner  program,  or  licensed  health  care
    50  provider  furnishes  services  to any sexual assault survivor, including
    51  but not limited to a health care forensic examination in accordance with
    52  the sex offense evidence collection protocol and  standards  established
    53  by  the  department  of  health,  such hospital, sexual assault examiner
    54  program, or licensed healthcare provider shall provide such services  to
        S. 3005--C                         19                         A. 3005--C
 
     1  the  person  without  charge  and  shall  bill  the office directly. The
     2  office, in consultation with the department of health, shall define  the
     3  specific  services  to  be  covered  by the sexual assault forensic exam
     4  reimbursement  fee,  which  must  include at a minimum forensic examiner
     5  services, hospital or healthcare facility services related to the  exam,
     6  and any necessary related laboratory tests or pharmaceuticals based upon
     7  the  department  of health's Medicaid reimbursement rates; including but
     8  not limited to HIV post-exposure  prophylaxis  provided  by  a  hospital
     9  emergency  room at the time of the forensic rape examination pursuant to
    10  paragraph (c) of subdivision one of section twenty-eight hundred  five-i
    11  of  the public health law. [For a person eighteen years of age or older,
    12  follow-up HIV post-exposure prophylaxis costs shall continue to be reim-
    13  bursed according  to  established  office  procedure.]  The  office,  in
    14  consultation  with  the  department  of  health, shall also generate the
    15  necessary [regulations and] forms for the direct reimbursement procedure
    16  and regulations setting the usual and customary rates for  the  itemized
    17  charges related to an exam of a sexual assault survivor.
    18    (b)  The rate for reimbursement shall be the amount of itemized charg-
    19  es, to be reimbursed at the [Medicaid  rate  and]  usual  and  customary
    20  rates  as  established  pursuant  to  this  subdivision  and which shall
    21  cumulatively not exceed (1) eight hundred dollars for an exam of a sexu-
    22  al assault survivor where no sexual offense evidence collection  kit  is
    23  used;  (2)  one  thousand  two  hundred  dollars for an exam of a sexual
    24  assault survivor where a sexual offense evidence collection kit is used;
    25  and (3) [one thousand five hundred dollars  for  an  exam  of  a  sexual
    26  assault  survivor who is eighteen years of age or older, with or without
    27  the use of a sexual  offense  evidence  collection  kit,  and  with  the
    28  provision of a necessary HIV post-exposure prophylaxis seven day starter
    29  pack; and (4)] two thousand five hundred dollars for an exam of a sexual
    30  assault survivor [who is less than eighteen years of age], with or with-
    31  out  the  use  of a sexual offense evidence collection kit, and with the
    32  provision of the full regimen of necessary HIV post-exposure  prophylax-
    33  is.  The  hospital,  sexual assault examiner program, or licensed health
    34  care provider must accept this fee as payment in full for  these  speci-
    35  fied  services.  No additional billing of the survivor for said services
    36  is permissible. A sexual assault survivor  may  voluntarily  assign  any
    37  private insurance benefits to which [she or he is] they are entitled for
    38  the  healthcare  forensic  examination,  in  which  case the hospital or
    39  healthcare provider may not charge the office; provided, however, in the
    40  event the sexual assault survivor assigns any private  health  insurance
    41  benefit,  such  coverage  shall  not be subject to annual deductibles or
    42  coinsurance or balance billing by the hospital, sexual assault  examiner
    43  program  or  licensed  health  care provider. A hospital, sexual assault
    44  examiner program or licensed health care provider shall, at the time  of
    45  the  initial  visit,  request assignment of any private health insurance
    46  benefits to which the sexual assault survivor  is  entitled  on  a  form
    47  prescribed  by the office; provided, however, such sexual assault survi-
    48  vor shall be advised orally and in writing that [he  or  she]  they  may
    49  decline  to  provide such information regarding private health insurance
    50  benefits if [he or she believes] they believe that the provision of such
    51  information would  substantially  interfere  with  [his  or  her]  their
    52  personal  privacy or safety and in such event, the sexual assault foren-
    53  sic exam fee shall be paid by the office. Such sexual  assault  survivor
    54  shall  also be advised that providing such information may provide addi-
    55  tional resources to pay for services to other  sexual  assault  victims.
    56  Such  sexual  assault  survivor  shall  also  be advised that the direct
        S. 3005--C                         20                         A. 3005--C
 
     1  reimbursement program established by this subdivision does not  automat-
     2  ically  make them eligible for any other compensation benefits available
     3  from the office including, but not limited to, reimbursement for  mental
     4  health  counseling  expenses, relocation expenses, and loss of earnings,
     5  and that such compensation benefits may only be made available  to  them
     6  should  the  sexual  assault  survivor  or other person eligible to file
     7  pursuant to section six hundred twenty-four  of  this  article,  file  a
     8  compensation  application  with  the  office. If [he or she] such sexual
     9  assault survivor declines to provide such health insurance  information,
    10  [he  or  she]  they shall indicate such decision on the form provided by
    11  the hospital, sexual assault examiner program or  licensed  health  care
    12  provider, which form shall be prescribed by the office.
    13    §  2.  Paragraph  (c) of subdivision 1 of section 2805-i of the public
    14  health law, as amended by section 1 of subpart S of part XX  of  chapter
    15  55 of the laws of 2020, is amended to read as follows:
    16    (c) offering and making available appropriate HIV post-exposure treat-
    17  ment therapies; including [a seven day starter pack of HIV post-exposure
    18  prophylaxis  for  a  person eighteen years of age or older, or] the full
    19  regimen of HIV post-exposure prophylaxis [for a person less  than  eigh-
    20  teen years of age,] in cases where it has been determined, in accordance
    21  with  guidelines issued by the commissioner, that a significant exposure
    22  to HIV has occurred, and informing the victim  that  payment  assistance
    23  for  such  therapies  and  other crime related expenses may be available
    24  from the office of victim services pursuant to the provisions of article
    25  twenty-two of the executive law. With the consent of  the  victim  of  a
    26  sexual  assault, the hospital emergency room department shall provide or
    27  arrange for an appointment for medical follow-up related to HIV post-ex-
    28  posure prophylaxis and other care as appropriate; and
    29    § 3. This act shall take effect on  the  two  hundred  seventieth  day
    30  after  it shall have become a law and apply to all exams performed on or
    31  after such effective date.  Effective immediately, the addition,  amend-
    32  ment and/or repeal of any rule or regulation necessary for the implemen-
    33  tation  of  this act on its effective date are authorized to be made and
    34  completed on or before such effective date.
 
    35                                   PART I
 
    36    Section 1.  Subdivision 4 of section 349-a of the social services  law
    37  is REPEALED.
    38    §  2.  Subdivision  5  of section 349-a of the social services law, as
    39  added by section 36 of part B of chapter 436 of the  laws  of  1997,  is
    40  amended to read as follows:
    41    [5. Upon a determination that the individual's allegation is credible]
    42  4. Following referral to a domestic violence liaison, (a) the individual
    43  shall  be  informed  by the domestic violence liaison of services, which
    44  shall be available on a voluntary basis; and (b) the  domestic  violence
    45  liaison  shall  conduct an assessment to determine if and to what extent
    46  domestic violence is a  barrier  to  the  individual's  compliance  with
    47  public  assistance  requirements  or  to  employment and such assessment
    48  shall be based upon an  attestation  or  the  relevant  information  and
    49  corroborating  evidence  provided by the individual alleging such abuse;
    50  and (c) the domestic violence liaison shall [assess the need for]  grant
    51  any  appropriate  waivers  of  such  program  requirements based on such
    52  assessment.  Such waivers shall, to the extent permitted by federal law,
    53  include, but not be limited to, residency  requirements,  child  support
    54  cooperation  requirements  and  employment  and  training  requirements;
        S. 3005--C                         21                         A. 3005--C
 
     1  provided, however, that exemptions from the sixty month limit on receipt
     2  of benefits under the federal temporary  assistance  to  needy  families
     3  block  grant  program  shall be available only when the individual would
     4  not be required to participate in work or training activities because of
     5  an  independently  verified physical or mental impairment resulting from
     6  domestic violence, anticipated to last for three months or longer, or if
     7  the individual is unable to work because of  the  need  to  care  for  a
     8  dependent  child  who  is  disabled  as  a  result of domestic violence.
     9  Provided, however, that pursuant to section one hundred forty-two of the
    10  welfare reform act of 1997 victims of domestic violence may be  exempted
    11  from  the application of subdivision two of section three hundred forty-
    12  nine of this article on the basis of hardship.
    13    § 3. Subdivisions 6 and 7 of section 349-a of the social services  law
    14  are  renumbered subdivisions 5 and 6 and a new subdivision 7 is added to
    15  read as follows:
    16    7.  When used in this section, the term  statewide  domestic  violence
    17  advocacy  groups  shall  mean  an organization designated by the federal
    18  department of health and human services to coordinate statewide improve-
    19  ments within local communities, social services systems, and programming
    20  regarding the prevention and intervention of domestic  violence  in  New
    21  York state.
    22    §  4.    This  act shall take effect on the two hundred seventieth day
    23  after it shall have become a law.
 
    24                                   PART J
 
    25    Section 1. The state finance law is amended by adding  a  new  section
    26  139-m to read as follows:
    27    §  139-m.  Statement  on  gender-based  violence and the workplace, in
    28  bids. 1. (a) Every bid hereafter made to the state or any public depart-
    29  ment or agency thereof, where competitive bidding is required  by  stat-
    30  ute,  rule  or  regulation,  for  work  or  services  performed or to be
    31  performed or goods sold or to  be  sold,  shall  contain  the  following
    32  statement  subscribed  by the bidder and affirmed by such bidder as true
    33  under the penalty of perjury:
    34    "By submission of this bid, each bidder and  each  person  signing  on
    35  behalf  of  any  bidder  certifies,  and in the case of a joint bid each
    36  party thereto certifies as to its own  organization,  under  penalty  of
    37  perjury,  that  the  bidder  has  and  has  implemented a written policy
    38  addressing gender-based violence and the workplace and has provided such
    39  policy to all of its employees, directors and board members. Such policy
    40  shall, at a minimum, meet the requirements of subdivision 11 of  section
    41  five hundred seventy-five of the executive law."
    42    (b)  Every bid hereafter made to the state or any public department or
    43  agency thereof, where competitive bidding is not  required  by  statute,
    44  rule or regulation, for work or services performed or to be performed or
    45  goods  sold or to be sold, may contain, at the discretion of the depart-
    46  ment, agency or official, the certification required pursuant  to  para-
    47  graph (a) of this subdivision.
    48    2.  Notwithstanding the foregoing, the statement required by paragraph
    49  (a) of subdivision one of this section may be  submitted  electronically
    50  in  accordance  with  the provisions of subdivision seven of section one
    51  hundred sixty-three of this chapter.
    52    3. A bid shall not be considered for award, nor  shall  any  award  be
    53  made  to  a  bidder  who  has  not complied with subdivision one of this
    54  section; provided, however, that if the bidder cannot make the foregoing
        S. 3005--C                         22                         A. 3005--C
 
     1  certification, such bidder shall so state and shall furnish with the bid
     2  a signed statement which sets forth in detail the reasons therefor.
     3    4. Any bid hereafter made to the state or any public department, agen-
     4  cy  or  official  thereof,  by  a  corporate bidder for work or services
     5  performed or to be performed or goods sold or to be sold, where such bid
     6  contains the statement required by  subdivision  one  of  this  section,
     7  shall  be  deemed  to  have been authorized by the board of directors of
     8  such bidder, and such authorization shall be deemed to include the sign-
     9  ing and submission of such bid and the inclusion therein of such  state-
    10  ment as the act and deed of the corporation.
    11    §  2.  Subdivisions 7 and 7-a of section 163 of the state finance law,
    12  subdivision 7 as amended by section 1 and subdivision 7-a  as  added  by
    13  section  3  of  part R of chapter 55 of the laws of 2023, are amended to
    14  read as follows:
    15    7. Method of procurement. Consistent with the requirements of subdivi-
    16  sions three and four of this section, state agencies shall select  among
    17  permissible  methods  of  procurement  including, but not limited to, an
    18  invitation for bid, request for proposals or other means of solicitation
    19  pursuant to guidelines issued by the state  procurement  council.  State
    20  agencies  may  accept  bids  electronically  including submission of the
    21  statement of non-collusion required by section one hundred thirty-nine-d
    22  of this chapter, and the statement of certification required by  section
    23  one  hundred thirty-nine-l and section one hundred thirty-nine-m of this
    24  chapter. Except where otherwise provided by law, procurements  shall  be
    25  competitive,   and  state  agencies  shall  conduct  formal  competitive
    26  procurements to the maximum extent  practicable.  State  agencies  shall
    27  document the determination of the method of procurement and the basis of
    28  award  in  the procurement record. Where the basis for award is the best
    29  value offer, the state agency shall document, in the procurement  record
    30  and  in  advance  of the initial receipt of offers, the determination of
    31  the evaluation criteria, which whenever possible, shall be quantifiable,
    32  and the process to be used in the determination of best  value  and  the
    33  manner in which the evaluation process and selection shall be conducted.
    34    7-a. Notwithstanding the electronic bid provisions set forth in subdi-
    35  vision  seven  of this section, starting April first, two thousand twen-
    36  ty-three, and ending  March  thirty-first,  two  thousand  twenty-seven,
    37  state  agencies may require electronic submission as the sole method for
    38  the submission of bids for commodity, service and technology  contracts,
    39  including  submission  of  the  statement  of  non-collusion required by
    40  section one hundred thirty-nine-d of this chapter, and the statement  of
    41  certification  required by section one hundred thirty-nine-l and section
    42  one hundred thirty-nine-m of this chapter, and  may  require  electronic
    43  signatures  on  all  documents  required  for  submission  of a bid, any
    44  resulting contracts, and required submissions during  the  term  of  any
    45  contract.  Prior  to  requiring  the  electronic submission of bids, the
    46  agency shall make a determination, which  shall  be  documented  in  the
    47  procurement  record, that electronic submission affords a fair and equal
    48  opportunity for offerers to submit responsive offers, and that the elec-
    49  tronic signature complies with the provisions of article  three  of  the
    50  state technology law.
    51    §  3.  The  executive  law is amended by adding a new section 170-i to
    52  read as follows:
    53    § 170-i. Gender-based violence and the workplace.  1. Each state agen-
    54  cy shall formulate and issue a gender-based violence and  the  workplace
    55  policy  for  such  agency.  In formulating such policy, the state agency
    56  shall refer to the model gender-based violence and the workplace  policy
        S. 3005--C                         23                         A. 3005--C
 
     1  distributed by the office for the prevention of domestic violence pursu-
     2  ant  to  subdivision eleven of section five hundred seventy-five of this
     3  chapter, and adopt its provisions as appropriate.
     4    2.  Each  state  agency shall designate at least one domestic violence
     5  agency liaison who shall ensure  agency  compliance  with  the  domestic
     6  violence provisions of the gender-based violence and the workplace poli-
     7  cy,  be trained to assist victimized employees, and serve as the primary
     8  contact for the policy distributed by the agency.
     9    3. Each state agency, in  formulating  or  revising  its  gender-based
    10  violence  and  the workplace policy, shall give due regard to the impor-
    11  tance of increasing awareness of  gender-based  violence  and  informing
    12  employees  of available resources for assistance; clearly specifying how
    13  to reach the domestic violence agency liaison; ensuring  that  personnel
    14  policies  and  procedures are fair to domestic and gender-based violence
    15  victims and survivors, and responsive to their needs;  developing  work-
    16  place  safety  response  plans;  complying  with  state  and federal law
    17  including restrictions of possession of firearms by a  person  convicted
    18  of  a  domestic  violence  related  crime  or  subject  to  an  order of
    19  protection; encouraging and promoting  gender-based  violence  education
    20  and training for employees; and holding accountable employees who misuse
    21  state  resources  or authority or violate their job duties in committing
    22  an act of gender-based violence. Each state agency, when it  issues  its
    23  gender-based  violence and the workplace policy, shall provide a copy of
    24  that policy and the information for  its  designated  domestic  violence
    25  agency  liaison  to  the office for the prevention of domestic violence,
    26  and shall notify the office of any subsequent modifications of the poli-
    27  cy or the contact information for the domestic violence agency liaison.
    28    4. (a) Every covered employee  shall  participate  in  a  gender-based
    29  violence  and  the  workplace  training  developed by the office for the
    30  prevention of domestic violence and  made  available  on  the  statewide
    31  learning management system annually.
    32    (b)  As  used  in  this subdivision, "covered employee" shall mean all
    33  officers and employees working in the executive chamber in the office of
    34  the governor and New York State agencies who  supervise  other  officers
    35  and employees, who serve as the domestic violence agency liaison, or who
    36  are  employed  in  a  human resources position. "Officers and employees"
    37  shall have the meaning given to "state officer or employee"  in  section
    38  seventy-three of the public officers law.
    39    5.  Each  state  agency  shall  cooperate  with  the  office  for  the
    40  prevention of domestic violence and furnish such information, reporting,
    41  and assistance as the  office  determines  is  reasonably  necessary  to
    42  accomplish the purposes of this section.
    43    §  4.  Section  575  of  the  executive law is amended by adding a new
    44  subdivision 11 to read as follows:
    45    11. Gender-based violence and the workplace policies. The office shall
    46  consult with the division of  human  rights,  department  of  labor,  an
    47  organization  designated  by  the federal department of health and human
    48  services to coordinate statewide improvements within local  communities,
    49  social  services  systems,  and programming regarding the prevention and
    50  intervention of domestic violence in New York state, and an organization
    51  designated by the  federal  department  of  justice  to  provide  direct
    52  support  to  member  rape  and  crisis centers in New York state through
    53  funding, training and technical assistance, public awareness, and public
    54  policy advocacy to create and publish a model gender-based violence  and
    55  the  workplace  policy that employers may utilize in their adoption of a
    56  gender-based violence and the workplace policy required by  section  one
        S. 3005--C                         24                         A. 3005--C
 
     1  hundred  thirty-nine-m  of the state finance law.  The office shall also
     2  publish a model gender-based violence and the workplace policy for exec-
     3  utive agencies that such agencies may utilize in  their  adoption  of  a
     4  gender-based  violence  and the workplace policy required by section one
     5  hundred seventy-i of this chapter. Such model gender-based violence  and
     6  the  workplace  policy  shall  be  publicly  available and posted on the
     7  websites of the office, the department of  labor  and  the  division  of
     8  human rights.
     9    § 5. This act shall take effect on the one hundred eightieth day after
    10  it  shall  have  become a law; provided, however, that the amendments to
    11  section 163 of the state finance law made by section  two  of  this  act
    12  shall not affect the repeal of such section and shall be deemed repealed
    13  therewith.
 
    14                                   PART K
 
    15                            Intentionally Omitted
 
    16                                   PART L
 
    17    Section 1. Section 263.10 of the penal law, as amended by chapter 1 of
    18  the laws of 2000, is amended to read as follows:
    19  § 263.10 Promoting an obscene sexual performance by a child.
    20    A  person  is  guilty  of promoting an obscene sexual performance by a
    21  child when, knowing the character and content thereof, [he] such  person
    22  produces,  directs  or  promotes  any obscene performance which includes
    23  sexual conduct by a child less than seventeen years of age, including  a
    24  performance  created  or  altered  by digitization as defined in section
    25  245.15 of this part.
    26    Promoting an obscene sexual performance by a child is a class D  felo-
    27  ny.
    28    § 2. Section 263.11 of the penal law, as amended by chapter 456 of the
    29  laws of 2012, is amended to read as follows:
    30  § 263.11 Possessing an obscene sexual performance by a child.
    31    A  person  is  guilty of possessing an obscene sexual performance by a
    32  child when, knowing the character and content thereof, [he] such  person
    33  knowingly has in [his] such person's possession or control, or knowingly
    34  accesses  with  intent  to  view, any obscene performance which includes
    35  sexual conduct by a child less than sixteen years of  age,  including  a
    36  performance  created  or  altered  by digitization as defined in section
    37  245.15 of this part.
    38    Possessing an obscene sexual performance by a child is a class E felo-
    39  ny.
    40    § 3. Section 263.15 of the penal law, as amended by chapter 1  of  the
    41  laws of 2000, is amended to read as follows:
    42  § 263.15 Promoting a sexual performance by a child.
    43    A  person is guilty of promoting a sexual performance by a child when,
    44  knowing the character and content thereof, [he]  such  person  produces,
    45  directs  or  promotes any performance which includes sexual conduct by a
    46  child less than seventeen years of age, including a performance  created
    47  or altered by digitization as defined in section 245.15 of this part.
    48    Promoting a sexual performance by a child is a class D felony.
    49    § 4. Section 263.16 of the penal law, as amended by chapter 456 of the
    50  laws of 2012, is amended to read as follows:
    51  § 263.16 Possessing a sexual performance by a child.
        S. 3005--C                         25                         A. 3005--C
 
     1    A person is guilty of possessing a sexual performance by a child when,
     2  knowing  the  character  and content thereof, [he] such person knowingly
     3  has in [his] such person's possession or control, or knowingly  accesses
     4  with  intent to view, any performance which includes sexual conduct by a
     5  child less than sixteen years of age, including a performance created or
     6  altered by digitization as defined in section 245.15 of this part.
     7    Possessing a sexual performance by a child is a class E felony.
     8    §  5.  This  act  shall take effect on the sixtieth day after it shall
     9  have become a law.
 
    10                                   PART M
 
    11                            Intentionally Omitted
 
    12                                   PART N
 
    13                            Intentionally Omitted
 
    14                                   PART O
 
    15                            Intentionally Omitted
 
    16                                   PART P
 
    17                            Intentionally Omitted
 
    18                                   PART Q
 
    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 K  of  chapter
    22  55 of the laws of 2024, 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,  [2025]
    27  2026.
    28    § 2. This act shall take effect immediately.
 
    29                                   PART R
 
    30    Section  1. Subdivision 1 of section 2799-gg of the public authorities
    31  law, as amended by section 1 of part TT of chapter 56  of  the  laws  of
    32  2024, is amended to read as follows:
    33    1.  The  authority  shall have the power and is hereby authorized from
    34  time to time to issue bonds, in conformity with applicable provisions of
    35  the uniform commercial code, in such principal amounts as it may  deter-
    36  mine  to  be  necessary pursuant to section twenty-seven hundred ninety-
    37  nine-ff of this title to pay  the  cost  of  any  project  and  to  fund
    38  reserves   to  secure  such  bonds,  including  incidental  expenses  in
    39  connection therewith.
        S. 3005--C                         26                         A. 3005--C
 
     1    The aggregate principal amount of such bonds,  notes  or  other  obli-
     2  gations outstanding shall not exceed, beginning July first, two thousand
     3  twenty-four,   twenty-one   billion   five   hundred   million   dollars
     4  ($21,500,000,000) and beginning July first,  two  thousand  twenty-five,
     5  [twenty-seven]    thirty    billion   five   hundred   million   dollars
     6  [($27,500,000,000)] ($30,500,000,000), excluding bonds, notes  or  other
     7  obligations  issued  pursuant  to  sections twenty-seven hundred ninety-
     8  nine-ss and twenty-seven hundred ninety-nine-tt of this title; provided,
     9  however, that upon any refunding or repayment of bonds (which term shall
    10  not, for this purpose,  include  bond  anticipation  notes),  the  total
    11  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    12  gations may be greater than, beginning July first, two thousand  twenty-
    13  four, twenty-one billion five hundred million dollars ($21,500,000,000),
    14  and beginning July first, two thousand twenty-five, [twenty-seven] thir-
    15  ty    billion   five   hundred   million   dollars   [($27,500,000,000)]
    16  ($30,500,000,000), only if the refunding or repayment  bonds,  notes  or
    17  other  obligations  were  issued  in  accordance  with the provisions of
    18  subparagraph (a) of subdivision two of paragraph b of section  90.10  of
    19  the local finance law, as amended from time to time. Notwithstanding the
    20  foregoing, bonds, notes or other obligations issued by the authority may
    21  be  outstanding  in  an  amount greater than the amount permitted by the
    22  preceding sentence, provided that such additional  amount  at  issuance,
    23  together  with  the amount of indebtedness contracted by the city of New
    24  York, shall not exceed the limit prescribed by  section  104.00  of  the
    25  local  finance law. The authority shall have the power from time to time
    26  to refund any bonds of the authority by the issuance of new bonds wheth-
    27  er the bonds to be refunded have or have  not  matured,  and  may  issue
    28  bonds partly to refund bonds of the authority then outstanding and part-
    29  ly  to  pay  the  cost  of  any project pursuant to section twenty-seven
    30  hundred ninety-nine-ff of this title.  Bonds  issued  by  the  authority
    31  shall  be  payable  solely out of particular revenues or other moneys of
    32  the authority as may be designated in the proceedings of  the  authority
    33  under  which  the bonds shall be authorized to be issued, subject to any
    34  agreements entered into between the authority and the city, and  subject
    35  to  any  agreements  with  the holders of outstanding bonds pledging any
    36  particular revenues or moneys.
    37    § 2. This act shall take effect immediately and  shall  be  deemed  to
    38  have been in full force and effect on and after April 1, 2025.
 
    39                                   PART S
 
    40    Section  1.  Subdivision  3 of section 489-cccccc of the real property
    41  tax law is amended by adding two new paragraphs (e) and (f) to  read  as
    42  follows:
    43    (e)  Parking  facility.  No benefits shall be granted pursuant to this
    44  title for construction work on real property where any portion  of  such
    45  property  is  to  be  used as a parking facility, except where a parking
    46  facility is associated with residential construction work on a  separate
    47  tax lot, as described in rules of the commissioner, and such residential
    48  construction  work  is  subject  to  financial assistance from the local
    49  housing agency of a city that has enacted a local law pursuant  to  this
    50  title.  For  the purposes of this paragraph, the term "financial assist-
    51  ance" means loans, grants, tax credits, tax exemptions, tax  abatements,
    52  subsidies,  mortgages,  debt  forgiveness, and land conveyances for less
    53  than appraised value provided in accordance with a regulatory  agreement
    54  entered  into  with  such  local  housing agency, except that "financial
        S. 3005--C                         27                         A. 3005--C
 
     1  assistance" shall not include as-of-right assistance  or  benefits.  For
     2  the  purposes  of this title, "parking facility" means any real property
     3  or portion thereof in a city on which exists a facility  operated  in  a
     4  manner  that requires a license for the operation of a garage or parking
     5  lot issued by the consumer and worker protection agency of such city.
     6    (f) Storage warehouse. No benefits shall be granted pursuant  to  this
     7  title  for  construction work on real property where any portion of such
     8  property is to be used as a storage warehouse. For the purposes of  this
     9  title, "storage warehouse" means any real property or portion thereof in
    10  a city on which exists a building or structure which a consumer's house-
    11  hold goods are received for storage for compensation, except ware- hous-
    12  es  in  which  such  goods  are stored by or on behalf of a merchant for
    13  resale or other use in the course of the merchant's  business,  operated
    14  in a manner that requires a license for the operation of a storage ware-
    15  house issued by the consumer and worker protection agency of such city.
    16    § 2. Subdivision 3 of section 489-dddddd of the real property tax law,
    17  as  amended  by  chapter  332 of the laws of 2024, is amended to read as
    18  follows:
    19    3. (a) No benefits authorized pursuant to this title shall be  granted
    20  for  construction  work  performed  pursuant to a building permit issued
    21  after April first, two thousand twenty-nine.
    22    (b) If no building permit was required, then  no  benefits  authorized
    23  pursuant  to  this  title shall be granted for construction work that is
    24  commenced after April first, two thousand twenty-nine.
    25    § 3. Subdivision 2 of section 489-gggggg of the real property tax  law
    26  is amended by adding a new paragraph (a-1) to read as follows:
    27    (a-1)  Notwithstanding any provision of law to the contrary, beginning
    28  January first, two  thousand  twenty-six,  Governor's  Island  shall  be
    29  designated  a special commercial abatement area for the purposes of this
    30  title, provided that such designation may be modified  in  whole  or  in
    31  part in accordance with the procedures set forth in this subdivision.
    32    §  4. Paragraph (e) of subdivision 2 of section 489-gggggg of the real
    33  property tax law, as added by chapter  119  of  the  laws  of  2008,  is
    34  amended to read as follows:
    35    (e)  In  the  city  of New York, the commission may designate any area
    36  other than the area lying south of the center line of 96th Street in the
    37  borough of Manhattan not including Governor's Island, to  be  a  special
    38  commercial abatement area if it determines that market conditions in the
    39  area  are  such that the availability of a special abatement is required
    40  in order to encourage commercial construction  work  in  such  area.  In
    41  making  such  determination,  the commission shall consider, among other
    42  factors, the existence in such area of a special need for commercial and
    43  job development, high unemployment, economic distress or unusually large
    44  numbers of vacant, underutilized, unsuitable or substandard  structures,
    45  or  other  substandard, unsanitary, deteriorated or deteriorating condi-
    46  tions, with or without  tangible  blight;  provided  that,  however,  in
    47  making such determination with respect to Governor's Island, the commis-
    48  sion shall consider, among other factors, the density of existing devel-
    49  opments and the nature and purpose of planned developments on Governor's
    50  Island, and the development of emerging industries in the city.
    51    §  5. Paragraph (c) of subdivision 3 of section 489-gggggg of the real
    52  property tax law, as added by chapter  119  of  the  laws  of  2008,  is
    53  amended to read as follows:
    54    (c)  the  area in the borough of Manhattan south of the center line of
    55  59th street, other than: (i) the areas designated  renovation  areas  by
        S. 3005--C                         28                         A. 3005--C
 
     1  paragraphs (a) and (b) of this subdivision, or (ii) as of January first,
     2  two thousand twenty-six, Governor's Island.
     3    § 6. Subdivision 4 of section 489-gggggg of the real property tax law,
     4  as  added  by  chapter  119  of  the laws of 2008, is amended to read as
     5  follows:
     6    4. Commercial exclusion area. Except as provided in paragraph  (f)  of
     7  subdivision  three  of  section  four hundred eighty-nine-bbbbbb of this
     8  title, any area in the borough of Manhattan lying south  of  the  center
     9  line  of  96th  Street,  other than: (a) the areas designated renovation
    10  areas by subdivision three of this section and (b) as of January  first,
    11  two thousand twenty-six, Governor's Island, shall be a commercial exclu-
    12  sion  area. Commercial construction projects in the commercial exclusion
    13  area shall not be eligible to receive tax abatements  pursuant  to  this
    14  title.
    15    § 7. Section 11-268 of the administrative code of the city of New York
    16  is  amended  by  adding  four new subdivisions f-1, k-1, o-1, and o-2 to
    17  read as follows:
    18    f-1. "Financial assistance" means  loans,  grants,  tax  credits,  tax
    19  exemptions,  tax  abatements, subsidies, mortgages, debt forgiveness and
    20  land conveyances for less than appraised value  provided  in  accordance
    21  with  a regulatory agreement entered into with the department of housing
    22  preservation and development, except that "financial  assistance"  shall
    23  not include as-of-right assistance or benefits.
    24    k-1.  "Parking facility" means any real property or portion thereof on
    25  which exists a facility operated in a manner that requires a license for
    26  the operation of a garage or parking lot issued  by  the  department  of
    27  consumer and worker protection.
    28    o-1. "Self-storage facility" shall mean any real property or a portion
    29  thereof  that  is designed and used for the purpose of occupying storage
    30  space by occupants who are to have access thereto  for  the  purpose  of
    31  storing  and  removing personal property, pursuant to subdivision one of
    32  section one hundred eighty-two of the lien law.
    33    o-2. "Storage warehouse" means any real property or portion thereof on
    34  which exists a building or structure in  which  a  consumer's  household
    35  goods  are  received  for  storage for compensation operated in a manner
    36  that requires a license for the operation of a storage warehouse  issued
    37  by the department of consumer and worker protection.
    38    § 8. Subdivision c of section 11-270 of the administrative code of the
    39  city  of  New York is amended by adding three new paragraphs 4, 5, and 6
    40  to read as follows:
    41    (4) Self-storage facilities. No benefits shall be granted pursuant  to
    42  this  part  for  construction work on real property where any portion of
    43  such property is to be used as a self-storage facility.
    44    (5) Parking facility. No benefits shall be granted  pursuant  to  this
    45  part  for  construction  work on real property where any portion of such
    46  property is to be used as a parking facility,  except  where  a  parking
    47  facility  is associated with residential construction work on a separate
    48  tax lot, as described in rules of the commissioner, and such residential
    49  construction work is subject to financial assistance from the department
    50  of housing preservation and development.
    51    (6) Storage warehouse. No benefits shall be granted pursuant  to  this
    52  part  for  construction  work on real property where any portion of such
    53  property is to be used as a storage warehouse.
    54    § 9. Subdivision c of section 11-271 of the administrative code of the
    55  city of New York, as amended by chapter 332 of  the  laws  of  2024,  is
    56  amended to read as follows:
        S. 3005--C                         29                         A. 3005--C
 
     1    c.  (1)  No benefits authorized pursuant to this part shall be granted
     2  for construction work performed pursuant to  a  building  permit  issued
     3  after April first, two thousand twenty-nine.
     4    (2)  If  no  building permit was required, then no benefits authorized
     5  pursuant to this part shall be granted for  construction  work  that  is
     6  commenced after April first, two thousand twenty-nine.
     7    §  10.  Subdivision  b of section 11-274 of the administrative code of
     8  the city of New York is amended by adding a new paragraph 1-a to read as
     9  follows:
    10    (1-a) Notwithstanding any provision of law to the contrary,  beginning
    11  January  first,  two  thousand  twenty-six,  Governor's  Island shall be
    12  designated a special commercial abatement area for the purposes of  this
    13  part, provided that such designation may be modified in whole or in part
    14  in accordance with the procedures set forth in this subdivision.
    15    §  11.  Paragraph 5 of subdivision b of section 11-274 of the adminis-
    16  trative code of the city of New York, as added by local law number 47 of
    17  the city of New York for the year 2008, is amended to read as follows:
    18    (5) The commission may designate any area other than  the  area  lying
    19  south  of the center line of 96th Street in the borough of Manhattan not
    20  including Governor's Island, to be a special commercial  abatement  area
    21  if  it  determines  that market conditions in the area are such that the
    22  availability of a special abatement is required in  order  to  encourage
    23  commercial construction work in such area. In making such determination,
    24  the  commission  shall  consider,  among other factors, the existence in
    25  such area of a special need for commercial  and  job  development,  high
    26  unemployment,  economic  distress  or unusually large numbers of vacant,
    27  underutilized, unsuitable or substandard structures, or other  substand-
    28  ard, unsanitary, deteriorated or deteriorating conditions, with or with-
    29  out  tangible  blight;  provided  that, however, in making such determi-
    30  nation with respect  to  Governor's  Island,  the  temporary  commercial
    31  incentive  area  boundary commission shall only be required to consider,
    32  among other factors, whether such designation continues to be  necessary
    33  to  adequately  promote  commercial  activity  on  Governor's Island the
    34  density of existing developments and the nature and purpose  of  planned
    35  developments  on  Governor's  Island,  and  the  development of emerging
    36  industries in the city.
    37    § 12. Paragraph 3 of subdivision c of section 11-274 of  the  adminis-
    38  trative code of the city of New York, as added by local law number 47 of
    39  the city of New York for the year 2008, is amended to read as follows:
    40    (3)  the  area in the borough of Manhattan south of the center line of
    41  59th street, other than the areas: (i) designated  renovation  areas  by
    42  paragraphs (1) and (2) of this subdivision, or (ii) as of January first,
    43  two thousand twenty-six, Governor's Island.
    44    §  13.  Subdivision  d of section 11-274 of the administrative code of
    45  the city of New York, as added by local law number 47 of the city of New
    46  York for the year 2008, is amended to read as follows:
    47    d. Commercial exclusion area. Except as provided in paragraph  (6)  of
    48  subdivision c of section 11-269 of this part, any area in the borough of
    49  Manhattan lying south of the center line of 96th Street, other than: (1)
    50  the  areas  designated renovation areas by subdivision c of this section
    51  and (2) as of January first, two thousand twenty-six, Governor's Island,
    52  shall be a commercial exclusion area. Commercial  construction  projects
    53  in  the  commercial  exclusion area shall not be eligible to receive tax
    54  abatements pursuant to this part.
    55    § 14. This act shall take effect immediately, provided that: (i) para-
    56  graph 4 of subdivision c of section 11-270 of the administrative code of
        S. 3005--C                         30                         A. 3005--C
 
     1  the city of New York, as added by section eight of  this  act  shall  be
     2  deemed  to  have  been  in full force and effect as of July 1, 2020, and
     3  shall apply to projects for which the first building  permit  is  issued
     4  after  July  1, 2020 or if no permit is required, for which construction
     5  commences after July 1, 2020; and (ii) paragraphs (e) and (f) of  subdi-
     6  vision 3 of section 489-cccccc of the real property tax law, as added by
     7  section  one  of  this  act,  and paragraphs 5 and 6 of subdivision c of
     8  section 11-270 of the administrative code of the city of  New  York,  as
     9  added  by  section  eight of this act, shall only apply to a project for
    10  which the first building permit is issued on or after 90 days after this
    11  act takes effect, or if no permit is required,  for  which  construction
    12  commences on or after such date, except that such paragraph (e) and such
    13  paragraph  5 shall not apply to any project located in a zoning district
    14  for which an action amending the designation of such district was  filed
    15  with  the mayor of the city of New York pursuant to section 197-d of the
    16  New York city charter within one year prior to  the  effective  date  of
    17  this act.
 
    18                                   PART T
 
    19                            Intentionally Omitted
 
    20                                   PART U
 
    21                            Intentionally Omitted
 
    22                                   PART V
 
    23    Section  1.  Paragraph (b) of subdivision 5 of section 50 of the civil
    24  service law, as amended by section 1 of part EE of  chapter  55  of  the
    25  laws of 2023, is amended to read as follows:
    26    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    27  sion, the state civil service department, subject to the approval of the
    28  director of the budget, a municipal commission, subject to the  approval
    29  of  the  governing  board or body of the city or county, as the case may
    30  be, or a regional commission or personnel officer, pursuant  to  govern-
    31  mental  agreement,  may  elect  to waive application fees, or to abolish
    32  fees for specific classes of  positions  or  types  of  examinations  or
    33  candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
    34  different from those prescribed in paragraph (a)  of  this  subdivision,
    35  specifying  in  such schedule the classes of positions or types of exam-
    36  inations or candidates to which such fees shall apply; provided,  howev-
    37  er,  that  fees  shall be waived for candidates who certify to the state
    38  civil service department, a municipal commission or a  regional  commis-
    39  sion  that they are unemployed and primarily responsible for the support
    40  of a household, or are receiving public  assistance.  Provided  further,
    41  the state civil service department shall waive the state application fee
    42  for  examinations  for  original  appointment for all veterans. Provided
    43  further, the state civil  service  department  shall,  and  a  municipal
    44  commission  may,  subject to the approval of the governing board or body
    45  of the city or county, as the case may be, or a regional  commission  or
    46  personnel officer, pursuant to governmental agreement, waive application
    47  fees  for all examinations held between July first, two thousand twenty-
    48  three   and   December   thirty-first,   two   thousand    [twenty-five]
        S. 3005--C                         31                         A. 3005--C

     1  twenty-seven.   Notwithstanding any other provision of law, for purposes
     2  of this section, the term "veteran" shall mean a person who  has  served
     3  in  the armed forces of the United States or the reserves thereof, or in
     4  the  army national guard, air national guard, New York guard, or the New
     5  York naval militia,  and  who  (1)  has  been  honorably  discharged  or
     6  released  from  such  service  under  honorable conditions, or (2) has a
     7  qualifying condition,  as  defined  in  section  one  of  the  veterans'
     8  services  law,  and  has  received a discharge other than bad conduct or
     9  dishonorable from such service, or (3) is a discharged LGBT veteran,  as
    10  defined in section one of the veterans' services law, and has received a
    11  discharge  other than bad conduct or dishonorable from such service. The
    12  term "armed forces" shall mean the army, navy, air force, marine  corps,
    13  and coast guard.
    14    §  2. Section 2 of part EE of chapter 55 of the laws of 2023, amending
    15  the civil service law relating to waiving state civil  service  examina-
    16  tion fees between July 1, 2023 and December 31, 2025, is amended to read
    17  as follows:
    18    §  2.  This  act shall take effect immediately and shall expire and be
    19  deemed repealed on December 31, [2025]  2027;  provided  that  this  act
    20  shall be deemed to have been in full force and effect on and after April
    21  1, 2023.
    22    §  3.  This act shall take effect immediately; provided, however, that
    23  the amendments to paragraph (b) of subdivision 5 of section  50  of  the
    24  civil  service  law made by section one of this act shall not affect the
    25  expiration of such paragraph and shall expire  and  be  deemed  repealed
    26  therewith.
 
    27                                   PART W

    28    Section  1.  Subdivision 2 of section 200 of the state finance law, as
    29  amended by section 1 of part Q of chapter 55 of the  laws  of  2024,  is
    30  amended to read as follows:
    31    2.  Notwithstanding the provisions of subdivision one of this section,
    32  where the state and an employee organization representing state officers
    33  and employees who are in positions which are in  collective  negotiating
    34  units  established pursuant to article fourteen of the civil service law
    35  enter into an agreement providing for an alternative procedure  for  the
    36  payment  of salaries to such employees or where the director of employee
    37  relations shall authorize an alternative procedure for  the  payment  of
    38  salaries  to state officers or employees in the executive branch who are
    39  in positions which are not in collective negotiating units, such  alter-
    40  native procedure shall be implemented in lieu of the procedure specified
    41  in  subdivision one of this section. Notwithstanding any other provision
    42  of law to the contrary, where the state  and  an  employee  organization
    43  representing  officers  and employees in the executive branch who are in
    44  positions which are in collective negotiating units established pursuant
    45  to article fourteen of the civil service law enter into an agreement, or
    46  where the director of employee relations shall  authorize  for  officers
    47  and employees in the executive branch who are in positions which are not
    48  in collective negotiating units, the alternate procedure specified here-
    49  in shall be terminated for officers and employees hired on or after July
    50  first, two thousand [twenty-five] thirty. The alternate procedure speci-
    51  fied  herein  shall also be terminated for: (i) nonjudicial officers and
    52  employees of the unified court system hired on or after July first,  two
    53  thousand  [twenty-five] thirty, if the chief administrator of the courts
    54  so elects; (ii) employees of the senate hired on or  after  July  first,
        S. 3005--C                         32                         A. 3005--C
 
     1  two  thousand  [twenty-five]  thirty,  if the temporary president of the
     2  senate so elects; (iii) employees of the assembly hired on or after July
     3  first, two thousand [twenty-five] thirty, if the speaker of the assembly
     4  so elects; and (iv) employees of joint legislative employers hired on or
     5  after  July  first,  two thousand [twenty-five] thirty, if the temporary
     6  president of the senate and the speaker  of  the  assembly  mutually  so
     7  elect for all such joint legislative employers. Any election made pursu-
     8  ant  to paragraph (i), (ii), (iii), or (iv) of this subdivision shall be
     9  in writing and filed with the state comptroller not  later  than  thirty
    10  days after the enactment of this legislation.
    11    §  2.  The state finance law is amended by adding a new section 210 to
    12  read as follows:
    13    § 210. Optional payment election.  Notwithstanding any other provision
    14  of law to the contrary, where the state and  an  employee   organization
    15  representing  officers  and employees in the executive branch who are in
    16  positions which are in collective negotiating units established pursuant
    17  to article fourteen of the civil service law enter into an agreement, or
    18  where the director of employee relations shall  authorize  for  officers
    19  and employees in the executive branch who are in positions which are not
    20  in  collective  negotiating  units, new employees hired on or after July
    21  first,  two  thousand  twenty-six,  may  elect  to  receive  an optional
    22  payment, which shall be in an amount determined by such agreement or for
    23  officers and employees in the executive  branch  who  are  in  positions
    24  which  are  not  in collective negotiating units, at a rate to be deter-
    25  mined by the director of the division of the budget. Such payment  shall
    26  not  be  considered  basic  annual  salary  and shall not be included as
    27  compensation for retirement purposes. Such payment shall be recovered to
    28  the state within the first fourteen pay periods after such payment.  The
    29  payment  specified   herein   shall   also   be implemented   for:   (a)
    30  nonjudicial officers and employees of the unified court system hired  on
    31  or  after  July first, two thousand twenty-six,  if the  chief  adminis-
    32  trator of the courts so elects; (b) employees of the senate hired on  or
    33  after  July  first, two thousand  twenty-six,  if  the temporary  presi-
    34  dent  of  the senate  so elects; (c) employees of the assembly hired  on
    35  or  after  July first, two thousand twenty-six, if  the speaker  of  the
    36  assembly  so elects;  and  (d)  employees  of  joint legislative employ-
    37  ers  hired  on or  after  July  first,  two  thousand twenty-six, if the
    38  temporary president of the senate and the speaker of the assembly  mutu-
    39  ally  so  elect  for  all such joint legislative employers. Any election
    40  made pursuant to subdivision (a), (b), (c), or (d) of this section shall
    41  be in writing and filed with the state comptroller no later than Septem-
    42  ber thirtieth, two thousand twenty-five.
    43    § 3. This act shall take effect July 1, 2025; provided  however,  that
    44  section  one  of  this act shall take effect on the same date and in the
    45  same manner as section 1 of part Q of chapter 55 of the  laws  of  2024;
    46  takes  effect;  provided,  further,  that  section two of this act shall
    47  expire and be deemed repealed upon  implementation  of  terminating  the
    48  alternate  procedure set forth in section one of this act; provided that
    49  the director of employee relations shall  notify  the  legislative  bill
    50  drafting  commission  provided  for  in section two of this act in order
    51  that the commission may maintain an accurate and timely  effective  data
    52  base of the official text of the laws of the state of New York in furth-
    53  erance  of  effectuating the provisions of section 44 of the legislative
    54  law and section 70-b of the public officers law.
 
    55                                   PART X
        S. 3005--C                         33                         A. 3005--C
 
     1                            Intentionally Omitted
 
     2                                   PART Y
 
     3    Section  1.  Section  2  of  part F of chapter 60 of the laws of 2015,
     4  constituting the  infrastructure  investment  act,  subdivision  (a)  as
     5  amended  and subdivision (g) as added by section 1 of part AA of chapter
     6  58 of the laws of 2022, is amended to read as follows:
     7    § 2. For the purposes of this act:  (a) (i) "authorized state  entity"
     8  shall  mean  the  New  York  state  thruway authority, the department of
     9  transportation, the office of parks, recreation and  historic  preserva-
    10  tion,  the  department of environmental conservation, the New York state
    11  bridge authority, the office of general services, the dormitory authori-
    12  ty, the urban development corporation, the state university construction
    13  fund, the New York state Olympic regional development authority and  the
    14  battery park city authority.
    15    (ii)  Notwithstanding the provisions of subdivision 26 of section 1678
    16  of the public authorities law, section 8 of the  public  buildings  law,
    17  sections  8  and  9  of  section 1 of chapter 359 of the laws of 1968 as
    18  amended, section 103 of the general municipal law, and the provisions of
    19  any other law to the contrary, the term "authorized state entity"  shall
    20  also refer to only those agencies or authorities identified below solely
    21  in connection with the following authorized projects, provided that such
    22  an authorized state entity may utilize the alternative delivery [method]
    23  methods  referred  to  as design-build contracts where the total cost of
    24  each such project is not less than five million dollars ($5,000,000), or
    25  construction manager as constructor contracts where the  total  cost  of
    26  each  such project is not less than twenty million dollars ($20,000,000)
    27  solely in connection with the following authorized projects [should  the
    28  total  cost  of  each  such  project  not  be  less  than  five  million
    29  dollars($5,000,000)]:
 
    30      Authorized Projects                     Authorized State Entity

    31  1.  Frontier Town                        Urban Development Corporation
 
    32  2.  Life Sciences Laboratory             Dormitory Authority & Urban
    33                                           Development Corporation
 
    34  3.  Whiteface Transformative Projects    New York State Olympic Regional
    35                                           Development Authority
 
    36  4.  Gore Transformative Projects         New York State Olympic Regional
    37                                           Development Authority
    38  5.  Belleayre Transformative Projects    New York State Olympic Regional
    39                                           Development Authority
    40  6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
    41      Projects                             Development Authority
    42  7.  Olympic Training Center              New York State Olympic Regional
    43                                           Development Authority
    44  8.  Olympic Arena and Convention         New York State Olympic Regional
    45      Center Complex                       Development Authority
    46  9.  State Fair Revitalization            Office of General
    47      Projects                             Services
    48  10. State Police Forensic                Office of General
        S. 3005--C                         34                         A. 3005--C
 
     1      Laboratory                           Services
 
     2    Notwithstanding  any  provision  of law to the contrary, all rights or
     3  benefits, including terms and conditions of employment,  and  protection
     4  of  civil  service  and  collective  bargaining  status  of all existing
     5  employees of authorized state entities shall be preserved and protected.
     6  Nothing in this section shall result in the:  (1)  displacement  of  any
     7  currently  employed  worker  or  loss  of  position  (including  partial
     8  displacement such as a reduction in  the  hours  of  non-overtime  work,
     9  wages,  or  employment benefits) or result in the impairment of existing
    10  collective bargaining agreements; (2) transfer of  existing  duties  and
    11  functions  related  to maintenance and operations currently performed by
    12  existing employees of authorized state entities to a contracting entity;
    13  or (3) transfer of future duties and functions ordinarily  performed  by
    14  employees  of authorized state entities to the contracting entity. Noth-
    15  ing contained herein shall be  construed  to  affect  (A)  the  existing
    16  rights of employees pursuant to an existing collective bargaining agree-
    17  ment, and (B) the existing representational relationships among employee
    18  organizations  or  the bargaining relationships between the employer and
    19  an employee organization.
    20    If otherwise applicable, authorized projects undertaken by the author-
    21  ized  state  entities  listed  above  solely  in  connection  with   the
    22  provisions  of  this  act  shall  be subject to section 135 of the state
    23  finance law, section 101 of the general municipal law, and  section  222
    24  of the labor law; provided, however, that an authorized state entity may
    25  fulfill  its  obligations  under section 135 of the state finance law or
    26  section 101 of the general municipal law by requiring the contractor  to
    27  prepare  separate  specifications  in accordance with section 135 of the
    28  state finance law or section 101 of the general municipal  law,  as  the
    29  case  may  be.  Provided  further, that authorized projects with a total
    30  construction  cost  of  not  less  than  twenty-five   million   dollars
    31  ($25,000,000)  undertaken  by the authorized state entities listed above
    32  solely in connection with the provisions  of  this  act  shall  only  be
    33  undertaken  pursuant  to  a  project  labor agreement in accordance with
    34  section 222 of the labor law.  If  a  project  labor  agreement  is  not
    35  performed  on  the authorized project, the authorized state entity shall
    36  not utilize  a  design-build  or  construction  manager  as  constructor
    37  contract  for  such project. Prior to utilizing the alternative delivery
    38  [method] methods referred to as design-build or construction manager  as
    39  constructor contracts for the authorized projects listed in this subpar-
    40  agraph  with  a total construction cost of less than twenty-five million
    41  dollars ($25,000,000), the authorized state entities listed above  shall
    42  conduct  a feasibility study in accordance with section 222 of the labor
    43  law.
    44    (b) "best value" shall mean  the  basis  for  awarding  contracts  for
    45  services  to  the  offerer  that  optimize quality, cost and efficiency,
    46  price and performance criteria, which may include, but  is  not  limited
    47  to:
    48    1. The quality of the contractor's performance on previous projects;
    49    2.   The  timeliness  of  the  contractor's  performance  on  previous
    50  projects;
    51    3. The level of customer satisfaction with the  contractor's  perform-
    52  ance on previous projects;
    53    4.  The  contractor's record of performing previous projects on budget
    54  and ability to minimize cost overruns;
    55    5. The contractor's ability to limit change orders;
        S. 3005--C                         35                         A. 3005--C

     1    6. The contractor's ability to prepare appropriate project plans;
     2    7. The contractor's technical capacities;
     3    8. The individual qualifications of the contractor's key personnel;
     4    9.  The  contractor's  ability  to assess and manage risk and minimize
     5  risk impact; and
     6    10. The contractor's past record of compliance with  article  15-A  of
     7  the executive law.
     8    Such  basis  shall reflect, wherever possible, objective and quantifi-
     9  able analysis.
    10    (c) "capital project" shall have the same  meaning  as  such  term  is
    11  defined by subdivision 2-a of section 2 of the state finance law.
    12    (d)  "construction  manager  as constructor contract" means a contract
    13  implementing a project delivery method whereby a construction manager:
    14    (i) is retained by the owner at the time of the design  phase  and  is
    15  responsible for working collaboratively as part of a team in conjunction
    16  with the owner and owner's separately retained design firm;
    17    (ii)  is  responsible  for  developing  and providing the owner with a
    18  proposed guaranteed maximum price to construct the project in accordance
    19  with the design and pursuant to subdivision (a) of section  thirteen  of
    20  this part;
    21    (iii)  during  the construction phase, is responsible for the services
    22  of the construction manager  and  general  contractor  for  agreed  upon
    23  compensation  as  set  forth  in the construction manager as constructor
    24  contract; and
    25    (iv) assumes the responsibility for construction, the period  of  time
    26  for  performance,  and  the  costs  exceeding an amount specified in the
    27  construction manager as constructor contract.
    28    (e) "cost plus" shall mean compensating a contractor for the  cost  to
    29  complete a contract by reimbursing actual costs for labor, equipment and
    30  materials plus an additional amount for overhead and profit.
    31    [(e)] (f) "design-build contract" shall mean a contract for the design
    32  and construction of a capital project with a single entity, which may be
    33  a team comprised of separate entities.
    34    [(f)]  (g)  "procurement  record" means documentation of the decisions
    35  made and the approach taken in the procurement process.
    36    [(g)] (h) "project labor agreement" shall have the meaning  set  forth
    37  in subdivision 1 of section 222 of the labor law. A project labor agree-
    38  ment shall require participation in apprentice training programs.
    39    § 2. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
    40  ing  the  infrastructure investment act, as amended by section 2 of part
    41  AA of chapter 58 of the laws of 2022, is amended to read as follows:
    42    § 3. Notwithstanding the provisions of section 38 of the highway  law,
    43  section  136-a  of  the  state finance law, sections 359, 1678, 1680 and
    44  1680-a of the public authorities law, sections 376, 407-a, 6281 and 7210
    45  of the education law, sections 8 and 9  of  the  public  buildings  law,
    46  section  103  of  the  general  municipal law, and the provisions of any
    47  other law to the contrary, and in conformity with  the  requirements  of
    48  this  act, an authorized state entity may utilize the alternative deliv-
    49  ery [method] methods referred to as design-build or construction manager
    50  as constructor contracts, in  consultation  with  relevant  local  labor
    51  organizations  and  construction  industry,  unless  otherwise  provided
    52  below, for capital projects located in the  state  related  to  physical
    53  infrastructure, including, but not limited to, highways, bridges, build-
    54  ings  and  appurtenant structures, dams, flood control projects, canals,
    55  and parks, including, but not limited to, to  repair  damage  caused  by
    56  natural  disaster,  to correct health and safety defects, to comply with
        S. 3005--C                         36                         A. 3005--C
 
     1  federal and state laws, standards, and regulations, to extend the useful
     2  life of or replace highways, bridges, buildings and  appurtenant  struc-
     3  tures,  dams, flood control projects, canals, and parks or to improve or
     4  add  to  highways,  bridges, buildings and appurtenant structures, dams,
     5  flood control  projects,  canals,  and  parks;  provided  that  for  the
     6  contracts  executed  by  the department of transportation, the office of
     7  parks, recreation and historic preservation, or the department of  envi-
     8  ronmental conservation, the total cost of each such project shall not be
     9  less  than  ten  million  dollars ($10,000,000), provided that the total
    10  cost of each such project utilizing construction manager as  constructor
    11  shall  not  be less than twenty million dollars ($20,000,000).  Provided
    12  further that authorized state entities may only utilize the  alternative
    13  delivery  [method]  methods  referred to as design-build or construction
    14  manager as constructor contracts on projects with a  total  construction
    15  cost  of  not  less  than  twenty-five  million dollars ($25,000,000) if
    16  undertaken pursuant to a project  labor  agreement  in  accordance  with
    17  section  222  of  the  labor  law.  If  a project labor agreement is not
    18  performed on [the] such project, the authorized state entity  shall  not
    19  utilize  a  design-build or construction manager as constructor contract
    20  for such project. The use of a project labor agreement on a  federal aid
    21  project shall not be required where the federal government  prohibits or
    22  disapproves of the use of a project labor agreement on  such  a  federal
    23  aided    project.  Prior  to utilizing the alternative delivery [method]
    24  methods referred to as design-build or construction manager as construc-
    25  tor contracts for projects with a total construction cost of  less  than
    26  twenty-five  million  dollars  ($25,000,000),  authorized state entities
    27  shall conduct a feasibility study in accordance with section 222 of  the
    28  labor law.
    29    § 3. Section 4 of part F of chapter 60 of the laws of 2015, constitut-
    30  ing  the  infrastructure investment act, as amended by section 4 of part
    31  RRR of chapter 59 of the laws of 2017, the opening paragraph and  subdi-
    32  vision  (a) as amended by section 2 of part DD of chapter 58 of the laws
    33  of 2020, is amended to read as follows:
    34    § 4. An entity selected by an authorized state entity to enter into  a
    35  design-build  or  construction  manager as constructor contract shall be
    36  selected through a one or two-step method, as follows:
    37    (a) Step one. Generation of a list of entities that have  demonstrated
    38  the  general  capability  to  perform  the  design-build or construction
    39  manager as constructor contract.  Such list shall consist of a specified
    40  number of entities, as determined by an  authorized  state  entity,  and
    41  shall  be  generated  based upon the authorized state entity's review of
    42  responses to a  publicly  advertised  request  for  qualifications.  The
    43  authorized  state  entity's  request  for qualifications shall include a
    44  general description of the project, the maximum number of entities to be
    45  included on the list, the selection criteria to be used and the relative
    46  weight of each criteria in generating the list. Such selection  criteria
    47  shall  include  the qualifications and experience, as applicable, of the
    48  construction management, design [and] and/or construction [team]  teams,
    49  organization,  demonstrated  responsibility, ability of the team or of a
    50  member or members of the team to comply  with  applicable  requirements,
    51  including  the  provisions of articles 145, 147 and 148 of the education
    52  law, past record of compliance with the labor law, and such other quali-
    53  fications the  authorized  state  entity  deems  appropriate  which  may
    54  include but are not limited to project understanding, financial capabil-
    55  ity  and  record  of past performance. The authorized state entity shall
    56  evaluate and rate all entities responding to the request for  qualifica-
        S. 3005--C                         37                         A. 3005--C

     1  tions.   Based upon such ratings, the authorized state entity shall list
     2  the entities that shall receive a request for  proposals  in  accordance
     3  with  subdivision  (b)  of this section.   To the extent consistent with
     4  applicable federal law, the authorized state entity shall consider, when
     5  awarding  any  contract  pursuant to this section, the participation of:
     6  (i) firms certified pursuant to article 15-A of  the  executive  law  as
     7  minority  or  women-owned businesses and the ability of other businesses
     8  under consideration to work with minority and women-owned businesses  so
     9  as  to  promote  and assist participation by such businesses; (ii) small
    10  business concerns identified pursuant  to  subdivision  (b)  of  section
    11  139-g  of  the  state finance law; and (iii) firms certified pursuant to
    12  article 17-B of the  executive  law  as  service-disabled  veteran-owned
    13  businesses  and  the  ability of other businesses under consideration to
    14  work with service-disabled veteran-owned businesses so as to promote and
    15  assist participation by such businesses.
    16    (b) Step two. Selection of the proposal which is the best value to the
    17  authorized state entity.   The authorized state  entity  shall  issue  a
    18  request for proposals to the entities listed pursuant to subdivision (a)
    19  of this section.  If such an entity consists of a team of separate enti-
    20  ties,  the entities that comprise such a team must remain unchanged from
    21  the entity as listed pursuant to subdivision (a) of this section  unless
    22  otherwise  approved  by  the  authorized  state  entity. The request for
    23  proposals shall set  forth  the  project's  scope  of  work,  and  other
    24  requirements, as determined by the authorized state entity.  The request
    25  for  proposals  shall  specify  the  criteria to be used to evaluate the
    26  responses and the relative weight of each such criteria.  Such  criteria
    27  shall  include,  as  applicable, the proposal's cost, the quality of the
    28  proposal's solution, the qualifications and experience  of  the  design-
    29  build  or  construction manager as constructor entity, and other factors
    30  deemed pertinent by the authorized state entity, which may include,  but
    31  shall  not be limited to, the proposal's project implementation, ability
    32  to complete the work in a timely and  satisfactory  manner,  maintenance
    33  costs  of  the  completed  project, maintenance of traffic approach, and
    34  community impact. Any contract awarded pursuant to  this  act  shall  be
    35  awarded  to  a  responsive  and  responsible  entity  that  submits  the
    36  proposal, which, in consideration of these and other specified  criteria
    37  deemed pertinent to the project, offers the best value to the authorized
    38  state entity, as determined by the authorized state entity.  The request
    39  for proposals shall include a statement that entities shall designate in
    40  writing  those  portions  of  the proposal that contain trade secrets or
    41  other proprietary information that are to remain confidential; that  the
    42  material  designated as confidential shall be readily separable from the
    43  entity's proposal.  Nothing herein shall be construed  to  prohibit  the
    44  authorized  entity  from negotiating final contract terms and conditions
    45  including cost. All proposals submitted shall be scored according to the
    46  criteria listed in the request for proposals and such final scores shall
    47  be published on the authorized state entity's website.
    48    (c) Notwithstanding any general, special, or local law, rule, or regu-
    49  lation to the contrary, an entity selected by an authorized state entity
    50  to enter into a construction manager as constructor contract pursuant to
    51  this section may only be selected through the two-step method  described
    52  in this section.
    53    §  4.  Section 11 of part F of chapter 60 of the laws of 2015, consti-
    54  tuting the infrastructure investment act, is amended to read as follows:
    55    § 11. The submission of a proposal or responses or the execution of  a
    56  design-build or construction manager as constructor contract pursuant to
        S. 3005--C                         38                         A. 3005--C
 
     1  this act shall not be construed to be a violation of section 6512 of the
     2  education law.
     3    § 5. Subdivision (a) of section 13 of part F of chapter 60 of the laws
     4  of  2015,  constituting the infrastructure investment act, as amended by
     5  section 11 of part RRR of chapter 59 of the laws of 2017 and paragraph 3
     6  as amended by section 4 of part DD of chapter 58 of the laws of 2020, is
     7  amended to read as follows:
     8    (a) Notwithstanding the provisions of any other law to  the  contrary,
     9  the authorized state entity may award a [construction] contract[:
    10    1.  To]  to  the  design-build  contractor  or construction manager as
    11  constructor contractor [offering]:
    12    1. Offering the best value; or
    13    2. Utilizing a cost-plus not to exceed guaranteed maximum  price  form
    14  of  contract  in  which the authorized state entity shall be entitled to
    15  monitor and audit all project costs. In establishing  the  schedule  and
    16  process for determining a guaranteed maximum price, the contract between
    17  the   authorized   state  entity  and  the  design-build  contractor  or
    18  construction manager as constructor contractor shall:
    19    (i) describe the scope of the work and the  cost  of  performing  such
    20  work;
    21    (ii) include a detailed line item cost breakdown;
    22    (iii)  include a list of all drawings, specifications and other infor-
    23  mation on which the guaranteed maximum price is based;
    24    (iv) include the dates for substantial and final completion  on  which
    25  the guaranteed maximum price is based; and
    26    (v) include a schedule of unit prices; or
    27    3.  [(i)]  Utilizing  a  lump  sum  contract in which the design-build
    28  contractor or construction manager as constructor contractor  agrees  to
    29  accept  a  set dollar amount for a contract which comprises a single bid
    30  without providing a cost breakdown for all costs such as for  equipment,
    31  labor, materials, as well as such contractor's profit for completing all
    32  items  of work comprising the project, which lump sum price may be nego-
    33  tiated and established  by  the  authorized  state  entity  based  on  a
    34  proposed guaranteed maximum price[.]; or
    35    [(ii)  The  design-build contract may include] 4. utilizing a contract
    36  that includes both lump sum elements and cost-plus not to exceed guaran-
    37  teed maximum price elements [and], which contract may also  provide  for
    38  professional services on a fee-for-service basis.
    39    §  6.  Section 14 of part F of chapter 60 of the laws of 2015, consti-
    40  tuting the infrastructure investment act, is amended to read as follows:
    41    §  14.  Prequalified  contractors.  (a)  Notwithstanding   any   other
    42  provision of law, the authorized state entity may maintain a public list
    43  of prequalified contractors who are eligible to submit a proposal demon-
    44  strating  the  general capability to perform a contract pursuant to this
    45  act  [and]  for  which  entry  into  such  list  shall  be  continuously
    46  available,  and  when  awarding any low bid contract for public work the
    47  authorized state entity may establish guidelines  governing  the  quali-
    48  fications  of responsible and responsive contractors seeking to competi-
    49  tively bid, propose or enter into a low bid contract. [Prospective]  All
    50  prospective  contractors  may  be prequalified as contractors to provide
    51  particular types of construction, in accordance  with  general  criteria
    52  established  and  published  by  the  authorized  state entity which may
    53  include, but shall not be limited to, the experience, past  performance,
    54  ability to undertake the type and complexity of work, financial capabil-
    55  ity,   responsibility,  compliance  with  equal  employment  opportunity
    56  requirements and anti-discrimination laws, and reliability.  [Such]  All
        S. 3005--C                         39                         A. 3005--C
 
     1  such  [prequalification] prequalifications may be by categories designed
     2  by size, value, geography, and other factors. If  the  authorized  state
     3  entity maintains an appropriate list of qualified contractors other than
     4  a  list to perform contracts pursuant to this act, the contract shall be
     5  awarded to the lowest bidder consistent with guidelines  established  by
     6  the authorized state entity and relevant laws and regulations.
     7    (b) The authorized state entity shall, not less than annually, publish
     8  in  a  newspaper  of  general  circulation or post in the New York State
     9  Contract Reporter an advertisement requesting prospective contractors to
    10  submit qualification statements. Lists of pre-qualified contractors  may
    11  be  established  on  a project-specific basis. Pre-qualified lists shall
    12  include all contractors that qualify; provided, however, that  any  such
    13  list  shall  have  no less than five bidders. A contractor who is denied
    14  prequalification or whose prequalification is revoked  or  suspended  by
    15  the  authorized  state entity may appeal such decision to the authorized
    16  state entity. If such a suspension extends for more than  three  months,
    17  it  shall be deemed a revocation of the prequalification. The authorized
    18  state entity may proceed with the contract award during any appeal.
    19    § 7. Section 15-b of part F of chapter 60 of the laws of 2015, consti-
    20  tuting the infrastructure investment act, as added by section 5 of  part
    21  DD of chapter 58 of the laws of 2020, is amended to read as follows:
    22    §  15-b. Public employees as defined by paragraph (a) of subdivision 7
    23  of section 201 of the civil service law and who are employed by  author-
    24  ized entities as defined in paragraph (i) of subdivision (a) of  section
    25  two  of  this  act  shall  examine and review certifications provided by
    26  contractors for conformance with material source testing, certifications
    27  testing, surveying, monitoring of environmental compliance,  independent
    28  quality  control  testing  and  inspection and quality assurance audits.
    29  Performance by authorized entities  of  any  review  described  in  this
    30  subdivision shall not be construed to modify or limit contractors' obli-
    31  gations  to  perform  work  in  strict  accordance  with  the applicable
    32  design-build or construction manager as  constructor  contracts  or  the
    33  contractors' or any subcontractors' obligations or liabilities under any
    34  law.
    35    §  8.  Section 16 of part F of chapter 60 of the laws of 2015, consti-
    36  tuting the infrastructure investment act, as amended  by  section  6  of
    37  part  DD  of  chapter  58  of  the  laws  of 2020, is amended to read as
    38  follows:
    39    § 16. A report shall be submitted on or no later than  June  30,  2021
    40  and annually thereafter, to the governor, the temporary president of the
    41  senate  and  the speaker of the assembly by the New York state office of
    42  general services on behalf of authorized entities defined  in  paragraph
    43  (i) of subdivision (a) of section two of this act containing information
    44  on  each authorized state entity that has entered into a design-build or
    45  construction manager as constructor contract pursuant to this act, which
    46  shall include, but not  be  limited  to,  a  description  of  each  such
    47  design-build  or  construction manager as constructor contract, informa-
    48  tion regarding the procurement process for  each  such  design-build  or
    49  construction manager as constructor project, including the list of qual-
    50  ified  bidders,  the  total  cost  of  each design-build or construction
    51  manager as constructor project, an explanation of the estimated cost and
    52  schedule savings of each project, an explanation of how the savings were
    53  determined, the participation rate and total dollar value  of  minority-
    54  and  women-owned business enterprises and service-disabled veteran-owned
    55  businesses, and whether a project  labor  agreement  was  used,  and  if
    56  applicable,  the justification for using a project labor agreement. Such
        S. 3005--C                         40                         A. 3005--C
 
     1  report shall also be posted on the website of the New York state  office
     2  of general services for public review.
     3    §  9.  This act shall take effect immediately; provided, however, that
     4  the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
     5  sections  one,  two, three, four, five, six, seven and eight of this act
     6  shall not affect the repeal of such part and shall  be  deemed  repealed
     7  therewith.
 
     8                                   PART Z
 
     9                            Intentionally Omitted
 
    10                                   PART AA
 
    11    Section  1. Subdivision 2 of section 13-b of the workers' compensation
    12  law is amended by adding a new paragraph (b-2) to read as follows:
    13    (b-2) Under the supervision of any authorized provider,  any  resident
    14  or  fellow who may practice medicine as an exempt person as provided for
    15  in title eight of the education law, may render medical care under  this
    16  chapter so long as the supervisory requirements of the education law are
    17  met  and  neither  the  supervising provider nor resident or fellow have
    18  been prohibited from treating workers' compensation  claimants  pursuant
    19  to section thirteen-d of this article.
    20    § 2. This act shall take effect immediately.
 
    21                                   PART BB
 
    22                            Intentionally Omitted
 
    23                                   PART CC
 
    24    Section  1.  Subdivisions  1,  2 and 3 of section 21-a of the workers'
    25  compensation law, as amended by chapter 6  of  the  laws  of  2007,  are
    26  amended to read as follows:
    27    1.  Notwithstanding any other provision of this chapter to the contra-
    28  ry, in any instance in which an employer is unsure of the extent of  its
    29  liability  for  a claim for compensation by an injured employee pursuant
    30  to this chapter, such employer may initiate  compensation  payments  and
    31  payments  for  medical treatment and care, including prescribed medicine
    32  and continue such payments for one year, without prejudice  and  without
    33  admitting liability, in accordance with a notice of temporary payment of
    34  compensation, on a form prescribed by the board.
    35    2.  The  notice  of  temporary  payment  of compensation authorized by
    36  subdivision one of this  section  shall  be  delivered  to  the  injured
    37  employee  and  the  board. Such notice shall notify the injured employee
    38  that the temporary payment of compensation  and  medical  treatment  and
    39  care,  including prescribed medicine shall not be deemed to be an admis-
    40  sion of liability by the employer for the  injury  or  injuries  to  the
    41  employee.  The  board,  upon receipt of a notice of temporary payment of
    42  compensation, shall send a notice to the injured employee stating that:
    43    (a) the board has received a notice of temporary  payment  of  compen-
    44  sation relating to such injured employee;
    45    (b)  the  payment  of temporary compensation and medical treatment and
    46  care, including prescribed medicine and the injured  employee's  accept-
        S. 3005--C                         41                         A. 3005--C
 
     1  ance  of  such  temporary  compensation  and medical treatment and care,
     2  including prescribed medicine shall not be an admission of liability  by
     3  the employer, nor prejudice the claim of the injured employee;
     4    (c)  the  payment  of temporary compensation and medical treatment and
     5  care, including prescribed medicine shall terminate on  the  elapse  of:
     6  one  year,  or the employer's contesting of the injured employee's claim
     7  for compensation and medical treatment and  care,  including  prescribed
     8  medicine,  or  the  board determination of the injured employee's claim,
     9  whichever is first; and
    10    (d) the injured employee may be required to enter  into  an  agreement
    11  with  the  employer  to ensure the continuation of payments of temporary
    12  compensation and medical treatment and care, including prescribed  medi-
    13  cine.
    14    3. An employer may cease making temporary payments of compensation and
    15  medical  treatment  and  care,  including  prescribed  medicine  if such
    16  employer delivers within five  days  after  the  last  payment,  to  the
    17  injured  employee  and  the  board, a notice of termination of temporary
    18  payments of compensation on a form prescribed by the board. Such  notice
    19  shall inform the injured employee that the employer is ceasing temporary
    20  payment  of  compensation  and  medical  treatment  and  care, including
    21  prescribed medicine. Upon the cessation of temporary payments of compen-
    22  sation and medical treatment and care,  including  prescribed  medicine,
    23  all  parties  to  any  action  pursuant to this chapter shall retain all
    24  rights, defenses and obligations they would otherwise have  pursuant  to
    25  this  chapter  without  regard for the temporary payment of compensation
    26  and medical treatment and care, including prescribed medicine.
    27    § 2. This act shall take effect January 1, 2027.
 
    28                                   PART DD
 
    29                            Intentionally Omitted
 
    30                                   PART EE

    31                            Intentionally Omitted
 
    32                                   PART FF
 
    33                            Intentionally Omitted
 
    34                                   PART GG
 
    35    Section 1. The correction law is amended by adding a new  section  135
    36  to read as follows:
    37    §  135.  New York state department of corrections and community super-
    38  vision body-worn cameras program.  1. There is hereby created within the
    39  department a body-worn cameras program. The purpose of such  program  is
    40  to  increase  accountability  and  evidence  for  departmental  and  law
    41  enforcement purposes, department staff,  residents  of  the  state,  and
    42  those  under the department's care by providing body-worn cameras to all
    43  correction officers, security supervisors, and  any  civilian  staff  as
    44  identified by the commissioner.
        S. 3005--C                         42                         A. 3005--C
 
     1    2. The department shall provide body-worn cameras that will be powered
     2  on  and  worn  by  correction  officers  and security supervisors at all
     3  times, while on duty. Incidents and activities  that  require  staff  to
     4  manually activate their body-worn cameras, regardless of the presence of
     5  fixed cameras, include but are not limited to:
     6    (a) during any interaction with an incarcerated individual or visitor,
     7  in  any  location.  This  paragraph  shall  not apply when the office of
     8  special investigations or crisis  intervention  unit  is  conducting  an
     9  interview  with an incarcerated individual providing confidential infor-
    10  mation where a record of interview is completed;
    11    (b) when staff observe unauthorized activity by an incarcerated  indi-
    12  vidual, a department employee or any other person in the facility;
    13    (c) during general movement of incarcerated individuals;
    14    (d) when staff is responding to an emergency call for assistance;
    15    (e) during all incarcerated individual escorts;
    16    (f)  during  incarcerated  individual  transports,  as directed by the
    17  facility watch commander or higher-ranking supervisor. When an  employee
    18  enters  a  non-department  facility,  the  employee will comply with the
    19  facility local policy on wearing the camera and recording.  If  a  local
    20  policy does not exist, the employee shall default to department policy;
    21    (g)  when  a  firearm, oleoresin capsicum spray, or a baton is removed
    22  from its holster or holder;
    23    (h) any instance where department staff feels  there  is  an  imminent
    24  threat or the need to document their time on duty;
    25    (i) during all uses of force, including any physical aggression or use
    26  of a non-lethal or lethal weapon;
    27    (j)  during a disciplinary hearing when fixed video monitoring systems
    28  are not available where the  disciplinary  hearing  is  conducted.  Such
    29  recordings  will  be  securely preserved as part of the official hearing
    30  record for all Tier II and Tier III hearings pursuant to  section  270.3
    31  of  the  New  York codes, rules and regulations. Audio recordings of all
    32  hearings will continue to be made regardless of whether the video  moni-
    33  toring system captures audio;
    34    (k)  as directed by the deputy commissioner or chief of investigations
    35  for the office of special investigations, or such deputy  commissioner's
    36  or  chief  of investigations' designee, office of special investigations
    37  investigators may utilize  body-worn  camera  systems  pursuant  to  the
    38  office  of special investigations policy. The use of such cameras by the
    39  office of special investigations investigators may include  but  is  not
    40  limited to absconder/fugitive operations, facility inspections, monitor-
    41  ing  of  frisks,  canine  operations,  high-risk  in-state transports of
    42  incarcerated individuals  or  releasees,  and  investigative  activities
    43  which are deemed appropriate to record;
    44    (l)  in  congregate  shower areas; provided, however, that staff shall
    45  provide a verbal announcement that a body-worn  camera  is  in  use  and
    46  avoid  intentional recording of an incarcerated individual in a state of
    47  undress unless they are required to do so as part of the performance  of
    48  their duties;
    49    (m) during all correctional emergency response team activations; and
    50    (n)  during  a  strip  search  or strip frisk; provided, however, that
    51  incarcerated individuals shall be given  verbal  notice  that  they  are
    52  being recorded, and the following rules apply:
    53    (i)  The wearer of the body-worn camera shall be of the same gender as
    54  the gender designation of the facility. Video recordings of strip frisks
    55  or strip searches shall not be viewed by  anyone,  except  as  expressly
    56  authorized  in writing by the facility's deputy superintendent for secu-
        S. 3005--C                         43                         A. 3005--C
 
     1  rity or higher authority. If the recording is approved for  review,  the
     2  deputy  superintendent for security shall assure this fact is documented
     3  to include date, time, authorization, reviewer name, explanation of  why
     4  the review is necessary, and the result of such review.
     5    (ii)  A  body-worn camera recording of any strip search or strip frisk
     6  shall immediately be turned over  to  an  officer  assigned  to  upload,
     7  charge, and issue such cameras to assigned staff for uploading and stor-
     8  age.
     9    (iii)  The  video footage of a strip frisk or other incident depicting
    10  an incarcerated individual in a state of complete undress shall only  be
    11  viewed  by  department  staff  who  are of the same gender as the gender
    12  designation of the facility.
    13    3. The commissioner shall have the authority to require civilian staff
    14  assigned to a correctional facility to wear body-worn cameras  while  on
    15  duty  where the civilian employee has direct supervision of an incarcer-
    16  ated  individual  with  only  intermittent  security   supervision.   In
    17  instances where the commissioner has required a civilian to wear a body-
    18  worn  camera  while  on  duty, such cameras shall be activated and shall
    19  record:
    20    (a) while interacting with an incarcerated individual,  regardless  of
    21  the existence of fixed-video monitoring; and
    22    (b)  while  such  employee  is in the area of a use of force incident,
    23  including any physical aggression or use of a non-lethal or lethal weap-
    24  on.
    25    4. The department shall preserve recordings of such body-worn  cameras
    26  for at least ninety days.
    27    5.  The  department  shall  perform  all  necessary maintenance on the
    28  equipment used in such body-worn camera program established pursuant  to
    29  this section.
    30    6.  The  commissioner  of  the  department  shall solely determine the
    31  timing and appropriateness of  any  review  or  provision  of  body-worn
    32  camera  footage  to an employee prior to that employee being required to
    33  answer questions subject to paragraph (g) of subdivision one of  section
    34  two  hundred  nine-a of the civil service law, or prior to an employment
    35  disciplinary hearing regarding the potential misconduct of such  employ-
    36  ee.
    37    §  2.  This  act  shall take effect on the sixtieth day after it shall
    38  have become a law. Effective immediately, the addition, amendment and/or
    39  repeal of any rule or regulation necessary  for  the  implementation  of
    40  this  act  on its effective date are authorized to be made and completed
    41  on or before such effective date.
 
    42                                   PART HH
 
    43    Section 1. Subdivision 1 of section 41 of the correction law, as added
    44  by chapter 865 of the laws of 1975, is amended to read as follows:
    45    1. There shall be within the executive department a  state  commission
    46  of  correction. It shall consist of three persons to be appointed by the
    47  governor, by and with the advice and consent of the senate. The governor
    48  shall designate one of the appointed  members  as  [chairman]  chair  to
    49  serve as such at the pleasure of the governor.  The members shall devote
    50  full  time to their duties and shall hold no other salaried public posi-
    51  tion.
    52    § 2. Paragraph 3 of subdivision (a) of section 42  of  the  correction
    53  law,  as added by chapter 865 of the laws of 1975, is amended to read as
    54  follows:
        S. 3005--C                         44                         A. 3005--C
 
     1    3. Any member chosen to fill in a vacancy created other than by  expi-
     2  ration  of  term  shall  be  appointed  for  the  unexpired  term of the
     3  succeeded member [whom he is to succeed].  Vacancies caused by the expi-
     4  ration of term or otherwise shall  be  filled  in  the  same  manner  as
     5  original appointments.
     6    §  3.  Paragraph  4 of subdivision (a) of section 42 of the correction
     7  law, as amended by chapter 55 of the laws of 1992, is amended to read as
     8  follows:
     9    4. The members of the council other than the  [chairman]  chair  shall
    10  receive  no  compensation  for their services but each member other than
    11  the [chairman] chair shall be entitled to receive [his  or  her]  actual
    12  and necessary expenses incurred in the performance of [his or her] coun-
    13  cil duties.
    14    §  4.  Paragraph  5 of subdivision (a) of section 42 of the correction
    15  law, as amended by section 14 of subpart A of part C of  chapter  62  of
    16  the laws of 2011, is amended to read as follows:
    17    5.  No appointed member of the council shall qualify or enter upon the
    18  duties of [his] office, or remain therein, while [he is] an  officer  or
    19  employee  of  the department of corrections and community supervision or
    20  any correctional facility or is in a position [where  he  exercises]  to
    21  exercise  administrative supervision over any correctional facility. The
    22  council shall have such staff as shall be necessary to assist it in  the
    23  performance  of its duties within the amount of the appropriation there-
    24  for as determined by the [chairman] chair of the commission.
    25    § 5. Paragraph 1 of subdivision (c) of section 42  of  the  correction
    26  law,  as added by chapter 865 of the laws of 1975, is amended to read as
    27  follows:
    28    1. Advise and assist the commission in developing policies, plans  and
    29  programs  for  improving  the commission's performance of its duties and
    30  for coordinating the efforts of the commission and of correctional offi-
    31  cials to improve conditions of  care,  treatment,  safety,  supervision,
    32  rehabilitation,  recreation,  training  and  education  in  correctional
    33  facilities. Such advice and assistance shall  minimally  consist  of  an
    34  annual report of the council to the commission;
    35    §  6.  Paragraph  3 of subdivision (c) of section 42 of the correction
    36  law, as added by chapter 865 of the laws of 1975, is amended to read  as
    37  follows:
    38    3.  Meet  at  least once per calendar month at a time and place desig-
    39  nated by the [chairman] chair of the council.
    40    § 7. Subdivision 1 of section 43 of the correction law, as amended  by
    41  chapter 379 of the laws of 1988, is amended to read as follows:
    42    1.  There  shall  be within the commission a correction medical review
    43  board. It shall consist of six persons to be appointed by  the  governor
    44  by  and  with  the  advice  and  consent of the senate. In addition, the
    45  governor shall designate one of the full-time  members  other  than  the
    46  [chairman] chair of the commission and the [chairman] chair of the coun-
    47  cil as [chairman] chair of the board to serve as such at the pleasure of
    48  the  governor.    Of  the  appointed members of the board one shall be a
    49  physician duly licensed to practice in this state; one shall be a physi-
    50  cian duly licensed to practice in  this  state  and  a  board  certified
    51  forensic pathologist; one shall be a physician duly licensed to practice
    52  in  this state and shall be a board certified forensic psychiatrist; one
    53  shall be an attorney admitted to practice in this state;  two  shall  be
    54  members appointed at large.
    55    §  8.  Subdivision  3 of section 43 of the correction law, as added by
    56  chapter 865 of the laws of 1975, is amended to read as follows:
        S. 3005--C                         45                         A. 3005--C
 
     1    3. Any member chosen to fill a vacancy created other than  by  expira-
     2  tion  of term shall be appointed for the unexpired term of the succeeded
     3  member [whom he is to succeed].  Vacancies caused by expiration of  term
     4  or  otherwise  shall  be  filled in the same manner as original appoint-
     5  ments.
     6    §  9. Section 44 of the correction law, as added by chapter 865 of the
     7  laws of 1975, is amended to read as follows:
     8    § 44. [Chairman] Chair of commission. 1. The [chairman] chair shall be
     9  the executive officer of the commission, the board and the council,  and
    10  may  serve as the chair of the board or council at any time necessitated
    11  by a commission member vacancy.
    12    2. The [chairman] chair may  appoint  such  assistants,  officers  and
    13  employees,  committees  and consultants for the board and the council as
    14  [he may determine] necessary, prescribe their  powers  and  duties,  fix
    15  their compensation and provide for reimbursement of their expenses with-
    16  in amounts appropriated therefor.
    17    3.  The  [chairman]  chair  may,  from  time to time, create, abolish,
    18  transfer and consolidate bureaus and other units within the  commission,
    19  the  board  and  the council not expressly established by law as [he may
    20  determine] necessary for the efficient operation of the commission,  the
    21  board  and  the  council, subject to the approval of the director of the
    22  budget.
    23    4. The [chairman] chair may request and receive from  any  department,
    24  division,  board, bureau, commission or other agency of the state or any
    25  political subdivision thereof or any public authority  such  assistance,
    26  information  and  data  as will enable the commission, the board and the
    27  council properly to carry out its functions, powers and duties.
    28    § 10. Subdivision 3 of section 45 of the correction law, as amended by
    29  chapter 322 of the laws of 2021, is amended to read as follows:
    30    3. [Except  in  circumstances  involving  health,  safety  or  alleged
    31  violations  of  established  standards  of the commission, visit] Visit,
    32  [and] inspect [correctional facilities consistent with a schedule deter-
    33  mined by the chairman  of  the  commission,  taking  into  consideration
    34  available resources, workload and staffing,] and appraise the management
    35  of  [such]  correctional  facilities  with specific attention to matters
    36  such as safety, security, health of incarcerated  individuals,  sanitary
    37  conditions, rehabilitative programs, disturbance and fire prevention and
    38  control  preparedness,  and  adherence to laws and regulations governing
    39  the rights of incarcerated individuals.   Such visits,  inspections  and
    40  appraisals  shall  occur,  at a minimum, annually for jails, specialized
    41  secure juvenile detention facilities for older youth,  facilities  oper-
    42  ated  by the department, and secure facilities operated by the office of
    43  children and family services.
    44    § 11. Subdivision 4 of section 45 of the correction law, as amended by
    45  chapter 322 of the laws of 2021, is amended to read as follows:
    46    4. Establish procedures to assure effective  investigation  of  griev-
    47  ances  of,  and  conditions affecting, incarcerated individuals of local
    48  correctional facilities. Such procedures shall include but not be limit-
    49  ed to receipt of written complaints, interviews of persons, and  on-site
    50  monitoring  of  conditions.  In addition, the commission shall establish
    51  procedures for the speedy and impartial review of grievances referred to
    52  it by the commissioner [of the department of corrections  and  community
    53  supervision].  The  commission  shall maintain a website that allows for
    54  the submission of written complaints regarding any correctional  facili-
    55  ty,  and provides the commission's address for the receipt of complaints
    56  by mail. The commission shall promulgate rules and regulations requiring
        S. 3005--C                         46                         A. 3005--C
 
     1  correctional facilities to provide incarcerated individuals, in writing,
     2  the commission's website and mailing address.
     3    §  12.  Subdivision 17 of section 45 of the correction law, as amended
     4  by chapter 322 of the laws of 2021, is amended to read as follows:
     5    17. Make an annual report to the governor, the [chairman] chair of the
     6  assembly committee on correction and the [chairman] chair of the  senate
     7  committee on crime victims, crime and correction concerning incarcerated
     8  individuals  confined  in  local  correctional facilities pursuant to an
     9  agreement authorized by section five hundred-o  of  this  chapter.  Such
    10  report  shall include but not be limited to the number of counties main-
    11  taining such agreements  and  the  number  of  incarcerated  individuals
    12  confined pursuant to such agreements.
    13    § 13. Subdivision 1 of section 46 of the correction law, as amended by
    14  chapter 322 of the laws of 2021, is amended to read as follows:
    15    1.  The  commission,  any  member  or  any  employee designated by the
    16  commission must be granted access at any and all times  to  any  correc-
    17  tional  facility  or part thereof and to all books, records, medical and
    18  substance use disorder treatment  and  transition  services  records  of
    19  incarcerated individuals and data pertaining to any correctional facili-
    20  ty  deemed necessary for carrying out the commission's functions, powers
    21  and duties. The commission, any member or any employee designated by the
    22  [chairman] chair may require from the officers or employees of a correc-
    23  tional facility any information deemed  necessary  for  the  purpose  of
    24  carrying  out  the commission's functions, powers and duties. Commission
    25  members and employees may conduct  private  interviews  of  correctional
    26  facility  officers and employees, who may be accompanied by counsel or a
    27  union representative  acting  on  such  officer  or  employee's  behalf.
    28  Commission  members and employees may also conduct private interviews of
    29  incarcerated individuals, provided that participation in such interviews
    30  shall be voluntary and the incarcerated individual may be accompanied by
    31  counsel.
    32    § 14. Paragraph (d) of subdivision 1 of section 47 of  the  correction
    33  law,  as  amended by chapter 322 of the laws of 2021, is amended to read
    34  as follows:
    35    (d) Upon review of the cause of death  and  circumstances  surrounding
    36  the  death  of  any  incarcerated individual, the board shall submit its
    37  report thereon to the commission and to  the  governor,  the  [chairman]
    38  chair  of  the assembly committee on correction and the [chairman] chair
    39  of the senate committee on crime  victims,  crime  and  correction  and,
    40  where  appropriate,  make  recommendations  to prevent the recurrence of
    41  such deaths to the commission and the administrator of  the  appropriate
    42  correctional  facility. The report provided to the governor, the [chair-
    43  man] chair of the assembly committee on correction  and  the  [chairman]
    44  chair  of  the  senate  committee on crime victims, crime and correction
    45  shall not be redacted except as otherwise required to protect  confiden-
    46  tial  medical  records  and behavioral health records in accordance with
    47  state and federal laws, rules, and regulations.
    48    § 15. Subparagraph (i) of paragraph (e) of subdivision 1 of section 47
    49  of the correction law, as amended by chapter 322 of the laws of 2021, is
    50  amended to read as follows:
    51    (i) Investigate and report to  the  commission  on  the  condition  of
    52  systems  for the delivery of medical care to incarcerated individuals of
    53  correctional facilities and where appropriate recommend such changes  as
    54  it shall deem necessary and proper to improve the quality and availabil-
    55  ity of such medical care. Such report and recommendation shall minimally
    56  consist of an annual report of the board to the commission.
        S. 3005--C                         47                         A. 3005--C
 
     1    § 16. This act shall take effect one year after it shall have become a
     2  law; provided, however, that the amendments to subdivision 17 of section
     3  45  of  the  correction law made by section twelve of this act shall not
     4  affect the repeal of such subdivision and shall  expire  and  be  deemed
     5  repealed therewith.
 
     6                                   PART II
 
     7                            Intentionally Omitted
 
     8                                   PART JJ
 
     9    Section  1.  Subdivision  c of section 3 of chapter 729 of the laws of
    10  2023, constituting the New York State community  commission  on  repara-
    11  tions remedies, is amended to read as follows:
    12    c.  Report  to  the legislature. The commission shall submit a written
    13  report of its findings and recommendations to the temporary president of
    14  the senate, the speaker of the assembly, the  minority  leaders  of  the
    15  senate and the assembly and the governor not later than [one year] thir-
    16  ty  months  after  the  date of the first meeting of the commission held
    17  pursuant to subdivision c of section four of this act.
    18    § 2. This act shall take effect immediately; provided,  however,  that
    19  the amendments to chapter 729 of the laws of 2023 made by section one of
    20  this  act  shall  not  affect  the  expiration of such chapter and shall
    21  expire and be deemed repealed therewith.
 
    22                                   PART KK
 
    23    Section 1. This act shall be known  and  may  be  cited  as  the  "Oak
    24  Orchard wastewater project design-build act".
    25    §  2.  For  purposes  of  this act, the following terms shall have the
    26  following meanings:
    27    1. (a) "Authorized entity" shall mean the county of Onondaga.
    28    (b) If otherwise applicable, authorized  projects  undertaken  by  the
    29  authorized entity shall be subject to section 101 of the general munici-
    30  pal  law;  provided,  however, that an authorized entity may fulfill its
    31  obligations under section 101 of the general municipal law by  requiring
    32  the  contractor  to  prepare  separate specifications in accordance with
    33  section 101 of the general municipal law, as the case may be.
    34    2. "Authorized project" shall mean, in conformity  with  the  require-
    35  ments  of  this  act, any installation, construction, demolition, recon-
    36  struction,  excavation,  rehabilitation,  repair,  and   renovation   in
    37  connection with a wastewater  treatment  plant known as the "Oak Orchard
    38  wastewater treatment plant" located at 4300 Oak Orchard Road in the town
    39  of Clay, Onondaga county, SBL  No.  031.-01-03.0,  including  any  other
    40  necessary  improvements or expansions to the county wastewater treatment
    41  and collection system within five miles of the perimeter of the plant.
    42    3. "Best value" shall  mean  the  basis  for  awarding  contracts  for
    43  services  to  the  bidder  that  optimizes quality, cost and efficiency,
    44  price and performance criteria, which may include, but  is  not  limited
    45  to:
    46    (a) the quality of the contractor's performance on previous projects;
    47    (b)  the  timeliness  of  the  contractor's  performance  on  previous
    48  projects;
        S. 3005--C                         48                         A. 3005--C
 
     1    (c) the level of customer satisfaction with the contractor's  perform-
     2  ance on previous projects;
     3    (d)  the contractor's record of performing previous projects on budget
     4  and ability to minimize cost overruns;
     5    (e) the contractor's ability to limit change orders;
     6    (f) the contractor's ability to prepare appropriate project plans;
     7    (g) the contractor's technical capacities;
     8    (h) the individual qualifications of the contractor's key personnel;
     9    (i) the contractor's ability to assess and manage  risk  and  minimize
    10  risk impact;
    11    (j) the contractor's financial capability;
    12    (k)  the  contractor's ability to comply with applicable requirements,
    13  including the provisions of articles 145, 147 and 148 of  the  education
    14  law;
    15    (l) the contractor's past record of compliance with federal, state and
    16  local  laws, rules, licensing requirements, where applicable, and execu-
    17  tive orders, including but not limited to compliance with the labor  law
    18  and other applicable labor and prevailing wage laws, article 15-A of the
    19  executive  law,  and  any other applicable laws concerning minority- and
    20  women-owned business enterprise participation;
    21    (m) the contractor's record of complying with  existing  labor  stand-
    22  ards,  maintaining harmonious labor relations, and protecting the health
    23  and safety of workers and payment of  wages  above  any  locally-defined
    24  living wage; and
    25    (n)  a  quantitative factor to be used in evaluation of bids or offers
    26  for awarding of contracts for bidders or offerers that are certified  as
    27  minority-  or  women-owned business enterprises pursuant to article 15-A
    28  of the executive law, or certified pursuant to local law as minority- or
    29  women-owned business enterprises. Where the authorized entity identifies
    30  a quantitative factor pursuant to this paragraph, the authorized  entity
    31  must specify that businesses certified as minority- or women-owned busi-
    32  ness  enterprises  pursuant to article 15-A of the executive law as well
    33  as those certified as  minority-  or  women-owned  business  enterprises
    34  pursuant  to  local law are eligible to qualify for such factor. Nothing
    35  in this paragraph shall be construed as a requirement  that  such  busi-
    36  nesses  be  concurrently  certified as minority- or women-owned business
    37  enterprises under article 15-A of the executive law to qualify for  such
    38  quantitative  factors.  Such  basis  shall  reflect,  wherever possible,
    39  objective and quantifiable analysis.
    40    4. "Cost plus" shall mean compensating a contractor for  the  cost  to
    41  complete a contract by reimbursing actual costs for labor, equipment and
    42  materials plus an additional amount for overhead and profit.
    43    5.  "Design-build  contract"  shall mean a contract for the design and
    44  construction of the authorized project with a single entity,  which  may
    45  be a team comprised of separate entities.
    46    6.  "Project labor agreement" shall have the same meaning as such term
    47  is defined pursuant to subdivision 1 of section 222 of the labor law.  A
    48  project labor agreement shall require participation in apprentice train-
    49  ing  programs  in accordance with paragraph (e) of subdivision 2 of such
    50  section.
    51    § 3. Notwithstanding any general, special or local law, rule or  regu-
    52  lation  to the contrary, including but not limited to article 5-A of the
    53  general municipal law, in conformity with the requirements of this  act,
    54  and  only when a project labor agreement is performed in accordance with
    55  section 222 of the labor law, an authorized entity may use the  alterna-
        S. 3005--C                         49                         A. 3005--C
 
     1  tive  delivery  method  referred  to  as a design-build contract for the
     2  authorized project in accordance with this act.
     3    § 4. 1. A contractor selected by the authorized entity to enter into a
     4  design-build  contract  shall  be selected through a two-step method, as
     5  follows:
     6    (a) Step one. Generation of a list of responding  entities  that  have
     7  demonstrated   the   general  capability  to  perform  the  design-build
     8  contract.  Such list shall consist of a specified number  of  responding
     9  entities,  as determined by an authorized entity, and shall be generated
    10  based upon the authorized entity's review of  responses  to  a  publicly
    11  advertised  request  for qualifications. The authorized entity's request
    12  for qualifications shall include a general  description  of  the  public
    13  work,  the  maximum  number of responding entities to be included on the
    14  list, the selection criteria to be used and the relative weight of  each
    15  criteria  in  generating the list. Such selection criteria shall include
    16  the qualifications and experience of the design and  construction  team,
    17  organization,  demonstrated  responsibility, ability of the team or of a
    18  member or members of the team to comply  with  applicable  requirements,
    19  including  the  provisions of articles 145, 147 and 148 of the education
    20  law, past record of compliance with the labor law, and such other quali-
    21  fications the authorized entity deems appropriate, which may include but
    22  are not limited  to  project  understanding,  financial  capability  and
    23  record  of  past  performance.  The authorized entity shall evaluate and
    24  rate all responding entities to the request for qualifications.    Based
    25  upon such ratings, the authorized entity shall list the responding enti-
    26  ties that shall receive a request for proposals in accordance with para-
    27  graph  two of this subdivision. To the extent consistent with applicable
    28  federal law, the authorized entity shall  consider,  when  awarding  any
    29  contract pursuant to this section, the participation of:  (i) responding
    30  entities  that are certified as minority- or women-owned business enter-
    31  prises pursuant to article 15-A  of  the  executive  law,  or  certified
    32  pursuant  to local law as minority- or women-owned business enterprises;
    33  and (ii) small business concerns identified pursuant to subdivision  (b)
    34  of section 139-g of the state finance law.
    35    (b) Step two. Selection of the proposal which is the best value to the
    36  authorized  entity.  The  authorized  entity  shall  issue a request for
    37  proposals to the responding entities listed pursuant to subdivision  one
    38  of this section. If such a responding entity consists of a team of sepa-
    39  rate  entities,  the  entities  that  comprise  such  a team must remain
    40  unchanged from the responding entity as listed pursuant  to  subdivision
    41  one  of this section unless otherwise approved by the authorized entity.
    42  The request for proposals shall set forth the  public  work's  scope  of
    43  work,  and  other  requirements, as determined by the authorized entity,
    44  which may include separate goals for  work  under  the  contract  to  be
    45  performed  by  businesses certified as minority- or women-owned business
    46  enterprises pursuant to article 15-A of the executive law, or  certified
    47  pursuant  to local law as minority- or women-owned business enterprises.
    48  The request for proposals shall also specify the criteria to be used  to
    49  evaluate the responses and the relative weight of each of such criteria.
    50  Such  criteria  shall  include  the  proposal's cost, the quality of the
    51  proposal's solution, the qualifications and experience of the  proposer,
    52  and  other  factors deemed pertinent by the authorized entity, which may
    53  include, but shall not be limited to, the proposal's manner and schedule
    54  of project implementation, the contractor's ability to complete the work
    55  in a timely and satisfactory manner, maintenance costs of the  completed
    56  public  work, maintenance of traffic approach, and community impact. Any
        S. 3005--C                         50                         A. 3005--C
 
     1  contract awarded pursuant to this act shall be awarded to  a  responsive
     2  and  responsible  proposer,  which,  in consideration of these and other
     3  specified criteria deemed pertinent, offers the best  value,  as  deter-
     4  mined  by the authorized entity. The request for proposals shall include
     5  a statement that proposers shall designate in writing those portions  of
     6  the proposal that contain trade secrets or other proprietary information
     7  that  are to remain confidential; that the material designated as confi-
     8  dential shall be readily separable from the proposal.  Nothing  in  this
     9  subdivision  shall  be  construed to prohibit the authorized entity from
    10  negotiating final contract terms  and  conditions  including  cost.  All
    11  proposals  submitted shall be scored according to the criteria listed in
    12  the request for proposals and such final scores shall  be  published  on
    13  the authorized entity's website.
    14    2.  The  authorized  entity  awarding  a  design-build  contract  to a
    15  contractor offering the best value may but shall not be required to  use
    16  the following types of contracts:
    17    (a)  a  cost-plus  not  to  exceed  guaranteed  maximum  price form of
    18  contract in which the authorized entity shall be entitled to monitor and
    19  audit all costs. In establishing the schedule and process for  determin-
    20  ing  a  guaranteed  maximum  price,  the contract between the authorized
    21  entity and the contractor shall:
    22    (i) describe the scope of the work and the  cost  of  performing  such
    23  work;
    24    (ii) include a detailed line-item cost breakdown;
    25    (iii)  include a list of all drawings, specifications and other infor-
    26  mation on which the guaranteed maximum price is based;
    27    (iv) include the dates of substantial and final  completion  on  which
    28  the guaranteed maximum price is based; and
    29    (v) include a schedule of unit prices; or
    30    (b) a lump sum contract in which the contractor agrees to accept a set
    31  dollar  amount  for  a  contract  which  comprises  a single bid without
    32  providing a cost breakdown for all costs such as for  equipment,  labor,
    33  materials,  as well as such contractor's profit for completing all items
    34  of work comprising the public work.
    35    § 5. Any contract entered into pursuant to this act  shall  include  a
    36  clause  requiring  that  any professional services regulated by articles
    37  145, 147 and 148 of the education law shall be performed and stamped and
    38  sealed, where appropriate, by a professional licensed in accordance with
    39  the appropriate articles of the education law.
    40    § 6. Construction with respect to any  contract  entered  into  by  an
    41  authorized  entity  pursuant to this act shall be deemed a "public work"
    42  to be performed in accordance with the provisions of article  8  of  the
    43  labor  law, as well as subject to sections 200, 240, 241 and 242 of such
    44  law and enforcement of prevailing wage requirements pursuant to applica-
    45  ble law or, for projects or public works receiving federal aid, applica-
    46  ble federal requirements for prevailing wage. Any contract entered  into
    47  pursuant  to  this  act  shall  include  a clause requiring the selected
    48  contractor to obligate every tier of contractor working  on  the  public
    49  work  to  comply  with the project labor agreement referenced in section
    50  four of this act, and shall include project labor  agreement  compliance
    51  monitoring  and  enforcement  provisions  consistent with the applicable
    52  project labor agreement.
    53    § 7. Any contract entered into by an  authorized  entity  pursuant  to
    54  this  act  shall  comply  with  the  objectives and goals with regard to
    55  minority- and women-owned business  enterprises  and,  for  projects  or
    56  public  works receiving federal aid, applicable federal requirements for
        S. 3005--C                         51                         A. 3005--C
 
     1  disadvantaged business enterprises or minority- and women-owned business
     2  enterprises.
     3    §  8. Any authorized project undertaken by an authorized entity pursu-
     4  ant to this act shall be subject to the requirements of article 8 of the
     5  environmental conservation law, and, where applicable, the  requirements
     6  of the national environmental policy act.
     7    §  9.  1.  Notwithstanding  any  provision of law to the contrary, all
     8  rights or benefits, including terms and conditions  of  employment,  and
     9  protection  of  civil  service  and  collective bargaining status of all
    10  employees of authorized entities solely in connection  with  the  public
    11  works identified in subdivision six of section two of this act, shall be
    12  preserved and protected.
    13    2.  Nothing  in  this act shall result in the: (a) displacement of any
    14  currently  employed  worker  or  loss  of  position,  including  partial
    15  displacement  such  as  a  reduction  in the hours of non-overtime work,
    16  wages or employment benefits, or result in the  impairment  of  existing
    17  collective  bargaining  agreements,  (b) transfer of existing duties and
    18  functions related to maintenance and operations currently  performed  by
    19  existing employees of authorized entities to a contractor, or (c) trans-
    20  fer  of future duties and functions ordinarily performed by employees of
    21  the authorized entities to the contracting entity.
    22    3. Employees of authorized entities using design-build contracts serv-
    23  ing in positions in newly created titles shall be assigned to the appro-
    24  priate bargaining unit. Nothing contained in this act shall be construed
    25  to affect: (a) the existing rights of employees of such entities  pursu-
    26  ant  to  an  existing  collective bargaining agreement, (b) the existing
    27  representational relationships among employee organizations representing
    28  county employees of such entities, or (c) the  bargaining  relationships
    29  between such entities and such employee organizations.
    30    4.   Without  limiting  contractors'  obligations  under  design-build
    31  contracts to issue  their  own  initial  certifications  of  substantial
    32  completion  and  final  completion, public employees of the county shall
    33  review and determine  whether  the  work  performed  by  contractors  is
    34  acceptable  and  has  been  performed  in accordance with the applicable
    35  design-build contracts, and if such public employees so determine,  such
    36  public   employees   shall  accept  contractors'  substantial  or  final
    37  completion of the public works as applicable. Performance by the  county
    38  of  any  review  described in this subdivision shall not be construed to
    39  modify or limit contractors' obligations to perform the work  in  strict
    40  accordance  with  the  applicable design-build contracts or the contrac-
    41  tors' or any subcontractors' obligations or liabilities under any law.
    42    § 10. The submission of a proposal or responses or the execution of  a
    43  design-build  contract pursuant to this act shall not be construed to be
    44  a violation of section 6512 of the education law.
    45    § 11. Nothing contained in this act shall limit  the  right  or  obli-
    46  gation  of  any  authorized  entity to comply with the provisions of any
    47  existing contract or to award contracts as otherwise provided by law.
    48    § 12. This act shall take effect immediately and shall expire  and  be
    49  deemed  repealed  three  years  after such date; provided, however, that
    50  public works with requests for qualifications issued for phases one  and
    51  two of the project authorized pursuant to this act shall be permitted to
    52  continue under this act notwithstanding such repeal.
 
    53                                   PART LL
        S. 3005--C                         52                         A. 3005--C
 
     1    Section  1.  Subdivision  (a)  of section 521 of the judiciary law, as
     2  amended by chapter 302 of the laws  of  2002,  is  amended  to  read  as
     3  follows:
     4    (a)  Except  as provided in subdivision (b) of this section, trial and
     5  grand jurors in each court of the unified court system shall be entitled
     6  to an allowance equal to the sum of [forty] seventy-two dollars per  day
     7  for  each  and  every  day  of  physical  attendance  wherein  the court
     8  convenes, except that no person who is employed  shall  be  entitled  to
     9  receive  such allowance if, pursuant to section five hundred nineteen of
    10  this article, [his or her] their employer is prohibited from withholding
    11  the first [forty] seventy-two dollars of wages  of  such  person  during
    12  such period and such person's daily wages equal or exceed [forty] seven-
    13  ty-two  dollars.  If  such  person's  daily  wages are less than [forty]
    14  seventy-two dollars, [he or  she]  such  person  shall  be  entitled  to
    15  receive  an  allowance hereunder equal to the difference between [forty]
    16  seventy-two dollars and the amount of [his or her]  their  daily  wages.
    17  Such  fees  and  those  expenses  actually  and  necessarily incurred in
    18  providing food and lodging for jurors shall be a  state  charge  payable
    19  out of funds appropriated to the office of court administration for that
    20  purpose.
    21    §  2.  Section 519 of the judiciary law, as added by chapter 85 of the
    22  laws of 1995, is amended to read as follows:
    23    § 519. Right of juror to be absent from employment. Any person who  is
    24  summoned  to  serve  as a juror under the provisions of this article and
    25  who notifies [his or her] their employer to that  effect  prior  to  the
    26  commencement  of a term of service shall not, on account of absence from
    27  employment by reason of such jury service, be subject  to  discharge  or
    28  penalty.  An  employer may, however, withhold wages of any such employee
    29  serving as a juror during the period of such service; provided  that  an
    30  employer  who  employs  more  than  ten employees shall not withhold the
    31  first [forty] seventy-two dollars of such juror's daily wages during the
    32  first three days of jury service. Withholding  of  wages  in  accordance
    33  with  this  section  shall  not  be  deemed a penalty. Violation of this
    34  section shall constitute a criminal contempt of court punishable  pursu-
    35  ant to section seven hundred fifty of this chapter.
    36    §  3.  This  act shall take effect on the thirtieth day after it shall
    37  have become a law.
 
    38                                   PART MM
 
    39    Section 1. The executive law is amended by adding a new section  837-y
    40  to read as follows:
    41    §  837-y. New York state office of gun violence prevention. 1.  Estab-
    42  lishment and organization. There is hereby established within the  divi-
    43  sion  of criminal justice services an office of gun violence prevention,
    44  hereinafter "office".
    45    2. Duties and responsibilities. The office shall  have  the  following
    46  duties and responsibilities:
    47    (a)  Advance  efforts to prevent, reduce, and address gun violence and
    48  its causes and consequences. "Gun violence" shall include,  but  is  not
    49  limited  to,  any  attempted  crime,  crime, attempted suicide, suicide,
    50  intentional or unintentional  injury,  or  death  involving  a  firearm,
    51  rifle, or shotgun as defined in section 265.00 of the penal law.
    52    (b)  Identify  funding  opportunities  and  other  resources available
    53  related to gun violence prevention and reduction,  and  increase  public
    54  awareness of such funding opportunities.
        S. 3005--C                         53                         A. 3005--C
 
     1    (c)  Support  efforts to improve the state's health and social service
     2  system capacity and capabilities to prevent and respond to gun  violence
     3  including,  but not limited to, state hospital-based violence prevention
     4  and intervention initiatives, in consultation  with  the  department  of
     5  health.
     6    (d)  Coordinate  and  strengthen  timely,  accurate, and complete data
     7  collection and research regarding firearm-related injuries,  fatalities,
     8  and  incidents by focusing on surveillance, prevention, and intervention
     9  of gun violence statewide.
    10    (e) Increase public awareness of gun violence causes and  consequences
    11  and  gun  violence prevention efforts through public education campaigns
    12  or other educational efforts. Such campaigns and education efforts shall
    13  include but not be limited to adoption of best practices related to  gun
    14  violence  prevention,  the  impacts  of various types of gun violence on
    15  individuals, families, and communities, and resources available to indi-
    16  viduals at  risk  of  gun  violence  and  individuals  impacted  by  gun
    17  violence.
    18    (f)  Collaborate  with,  and where practicable, facilitate, and assist
    19  political subdivisions of the state and not-for-profit organizations  in
    20  the  development  of  local  programs,  services,  and  interventions to
    21  prevent, reduce, and address gun violence.
    22    (g) On or before September first, two  thousand  twenty-five,  develop
    23  and  implement  a public awareness campaign to educate the public on the
    24  safe storage of firearms, rifles  and  shotguns  and  child  access  and
    25  prevention.    The  public  awareness campaign shall include, but not be
    26  limited to, educational materials, resources and information related  to
    27  New  York  state  child  access prevention laws and laws relating to the
    28  safe storage and transport of firearms, rifles  and  shotguns  including
    29  sections  265.45, 265.46, and 400.00 of the penal law, available methods
    30  for the safe storage  of  firearms,  rifles  and  shotguns  designed  to
    31  prevent  child access, firearm violence prevention resources, and county
    32  and  local  specific  laws  and  regulations  related  to  child  access
    33  prevention and storage of firearms, rifles and shotguns.
    34    3.  Annual  report. The office shall issue an annual report including,
    35  but not limited to, information on the status of  gun  violence  in  the
    36  state,  recommendations  for  policy  and  programmatic  initiatives  to
    37  prevent and reduce gun violence in the state, and a description  of  the
    38  efforts  of  the  office  to  carry out the duties and objectives of the
    39  office under this section. Such report shall be posted on the division's
    40  website no later than one year after the effective date of this section,
    41  and annually thereafter.
    42    4. Assistance to the office.  Other  state  agencies  and  authorities
    43  shall  provide  cooperation and assistance, pursuant to subdivision five
    44  of section eight hundred thirty-six of this article, to  the  office  in
    45  the effective performance of its duties.
    46    §  2.  Section  837  of  the  executive law is amended by adding a new
    47  subdivision 24 to read as follows:
    48    24. In furtherance of  the  responsibilities  of  the  office  of  gun
    49  violence prevention set forth in section eight hundred thirty-seven-y of
    50  this article, the division shall:
    51    (a)  create  and  disseminate  resources and training materials on gun
    52  violence intervention and prevention strategies and best practices;  and
    53  may, if practicable, provide technical assistance, additional resources,
    54  and  direct  training  to  professionals  focused on gun violence inter-
    55  vention and prevention strategies.
        S. 3005--C                         54                         A. 3005--C
 
     1    (b) where appropriate, facilitate response activities among  political
     2  subdivisions  of  the  state  and not-for-profit organizations to assist
     3  communities that are impacted by incidents of mass gun violence. For the
     4  purposes of this section, mass gun violence shall include a "mass shoot-
     5  ing"  as  defined in subdivision eleven of section eight hundred thirty-
     6  five of this article; a single shooting incident that results in  injury
     7  to  three or more people; or multiple related shooting incidents result-
     8  ing in injuries to three or more individuals, occurring within a  commu-
     9  nity over a period of up to seven calendar days.
    10    §  3.  Subdivision  32  of  section  206  of  the public health law is
    11  REPEALED.
    12    § 4. This act shall take effect on the thirtieth day  after  it  shall
    13  have become a law.
 
    14                                   PART NN
 
    15    Section  1.  Section  102-a  of  the  New York city civil court act is
    16  amended by adding a new subdivision 2-c to read as follows:
    17    2-c. Ten additional judges of the civil court of the city of New  York
    18  shall be elected in and from the residences of the following counties in
    19  the indicated numbers:
    20    From the county of Bronx, two, one to be elected from the first munic-
    21  ipal  court  district  and  one  to be elected from the second municipal
    22  court district;
    23    From the county of Kings, three, one to be  elected  from  the  fourth
    24  municipal  court  district,  one  to be elected from the sixth municipal
    25  court district and one to be elected from the  seventh  municipal  court
    26  district;
    27    From  the  county  of  New York, two, one to be elected from the third
    28  municipal court district and one to be elected from the seventh  munici-
    29  pal court district;
    30    From  the  county  of  Queens,  two, one to be elected from the second
    31  municipal court district and one to be elected from the fourth municipal
    32  court district; and
    33    From the county of Richmond, one, to be elected from the first munici-
    34  pal court district.
    35    § 2. Paragraph (d) of subdivision 2 of  section  2  of  the  court  of
    36  claims act, as amended by chapter 240 of the laws of 2005, is amended to
    37  read as follows:
    38    (d)  such number of additional judges not exceeding [thirty-two] thir-
    39  ty-seven as shall be appointed by the governor, by and with  the  advice
    40  and consent of the senate;
    41    §  3. The positions created by section one of this act shall be filled
    42  by election at the November 4, 2025 election, for a term to commence  on
    43  the  first  day  of  January, 2026, as if such vacancies occurred on the
    44  effective date of this act. Party nominations shall be made as  provided
    45  for in sections 6-116 and 6-158 of the election law, and the independent
    46  nominations  shall  be made as provided for by subdivision 10 of section
    47  6-158 of the election law.
    48    § 4. This act shall take effect May 15, 2025.
 
    49                                   PART OO
 
    50    Section 1. Subdivisions 11 and 19 of section 14-200-a of the  election
    51  law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
    52  2020, are amended to read as follows:
        S. 3005--C                         55                         A. 3005--C
 
     1    11. (a) "matchable contribution" means a contribution  not  less  than
     2  five  dollars  and  not  more  than  two  hundred fifty dollars per each
     3  covered election, for a candidate for public office to be  voted  on  by
     4  the  voters  of the entire state or for nomination to any such office, a
     5  contribution  for any covered elections held in the same election cycle,
     6  made by a natural person who is a resident in the state of New York to a
     7  participating candidate, and for a candidate for election to  the  state
     8  assembly  or  state  senate  or  for  nomination  to  any such office, a
     9  contribution for any covered elections held in the same election  cycle,
    10  made  by  a natural person who is also a resident of such state assembly
    11  or state senate district from which such candidate is seeking nomination
    12  or election, that has been reported in full to the  PCFB  in  accordance
    13  with  sections  14-102  and  14-104  of  this article by the candidate's
    14  authorized committee and has been contributed on or before  the  day  of
    15  the  applicable  primary,  general,  runoff,  or  special  election. Any
    16  contribution, contributions, or a portion of a  contribution  determined
    17  to  be  invalid  for  matching funds by the PCFB may not be treated as a
    18  matchable contribution for any purpose.
    19    (b) The following contributions are not matchable:
    20    (i) loans;
    21    (ii) in-kind contributions of property, goods, or services;
    22    (iii) contributions in the form of the purchase price paid for an item
    23  with significant intrinsic and enduring value;
    24    (iv) transfers from a party or constituted committee;
    25    (v) anonymous contributions;
    26    (vi) contributions whose source is not itemized as required  by  these
    27  recommendations;
    28    (vii) contributions gathered during a previous election cycle;
    29    (viii) illegal contributions;
    30    (ix) contributions from minors;
    31    (x)  contributions  from  vendors for campaigns hired by the candidate
    32  for such election cycle;
    33    (xi) contributions from lobbyists registered pursuant  to  subdivision
    34  (a) of section one-c of the legislative law; and
    35    (xii) [any] the portion of a contribution [when the aggregate contrib-
    36  utions are] which is in excess of two hundred fifty dollars, as a single
    37  contribution  or  in  the  aggregate,  from  any one contributor to such
    38  participating candidate for nomination or election.  Provided,  however,
    39  that  any  portion  of  a  contribution totaling over one thousand fifty
    40  dollars as a single contribution or in the aggregate shall not be match-
    41  able in any amount.
    42    19. "surplus" means those funds where the total sum  of  contributions
    43  received  and  public matchable funds received by a participating candi-
    44  date and [his or her]  their  authorized  committee  exceeds  the  total
    45  campaign expenditures of such candidate and authorized committee for all
    46  covered  elections  held  in  the  same  calendar  year or for a special
    47  election to fill a vacancy. For the purposes of this subdivision,  total
    48  campaign expenditures shall include transfers, contributions out and all
    49  other lawful liabilities incurred.
    50    §  2.  Subdivision 1 of section 14-200-a of the election law, as added
    51  by section  4   of part ZZZ of chapter 58 of  the  laws  of  2020,    is
    52  amended to read as follows:
    53    1.  "authorized  committee"  means  the  [single]  political committee
    54  designated by a candidate pursuant to [these recommendations] this title
    55  to receive contributions and make expenditures in support of the  candi-
    56  date's campaign for such election.
        S. 3005--C                         56                         A. 3005--C
 
     1    § 3. Subdivision 2 of section 14-201 of the election law, as added  by
     2  section  4  of part ZZZ of chapter 58 of the laws of 2020, is amended to
     3  read as follows:
     4    2.  Only  one  authorized  committee per candidate per elective office
     5  sought. Before receiving any contribution or making any expenditure  for
     6  a  covered  election,  each  candidate  shall  notify the PCFB as to the
     7  existence of [his or her]  their  authorized  committee  that  has  been
     8  approved by such candidate. Candidates may designate an existing author-
     9  ized  political  committee  that is associated with and approved by such
    10  candidate for the elective office sought, including an authorized  poli-
    11  tical  committee  from  a  previous  election  cycle,  and  shall not be
    12  required to establish a  new  authorized  committee  for  each  election
    13  cycle.  Each  candidate shall have one and only one authorized committee
    14  per elective office sought. Each authorized committee shall have a trea-
    15  surer.
    16    § 4. Section 14-203 of the election law, as added by section 4 of part
    17  ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
    18    § 14-203. Eligibility. 1. Terms and conditions.  To  be  eligible  for
    19  [voluntary  public  financing] public matching funds under this title, a
    20  candidate must:
    21    (a) be a candidate in a covered election;
    22    (b) meet all the requirements of law to have [his or her]  their  name
    23  on  the  ballot,  subject  to  the  requirements of subdivision three of
    24  section 1-104 and subdivision one of section 6-142 of this chapter;
    25    (c) in the case of a covered general or special election,  be  opposed
    26  by another candidate on the ballot who is not a write-in candidate;
    27    (d)  submit  a certification in the form of an affidavit, in such form
    28  as may be prescribed by the PCFB, that sets forth  [his  or  her]  their
    29  acceptance  of and agreement to comply with the terms and conditions for
    30  the provision of such funds in each covered election  and  such  certif-
    31  ication  shall  be  submitted  at  least  four  months  before a primary
    32  election, or in the case of a substitution, no later than one week after
    33  a certificate of substitution is filed for the designation or nomination
    34  of such candidate, and on the last day in which a certification of nomi-
    35  nation is filed in a special election pursuant to a schedule promulgated
    36  by the PCFB;
    37    (e) be certified as a participating candidate by the PCFB;
    38    (f) not make, and not have made, expenditures from or use [his or her]
    39  their personal funds or property  or  the  personal  funds  or  property
    40  jointly  held  with [his or her] their spouse, or unemancipated children
    41  in connection with  [his  or  her]  their  nomination  for  election  or
    42  election  to  a  covered  office, but may make a contribution to [his or
    43  her] their authorized committee in an amount that does not exceed  three
    44  times  the  applicable contribution limit from an individual contributor
    45  to candidates for the office that [he or she] such candidate is seeking;
    46    (g) meet the threshold for eligibility set forth in subdivision two of
    47  this section;
    48    (g-1) not owe any payments, repayments, or civil penalties pursuant to
    49  this title or any regulations promulgated  thereunder,  or  any  similar
    50  payments, repayments, or civil penalties under any local public campaign
    51  finance program within the previous ten years;
    52    (h)  continue  to  abide  by all requirements during the post-election
    53  period; and
    54    (i) not have accepted contributions in amounts exceeding the  contrib-
    55  ution  limits set forth for candidates in paragraphs a and b of subdivi-
        S. 3005--C                         57                         A. 3005--C
 
     1  sion one of section 14-114 of this article during the election cycle for
     2  which the candidate seeks certification;
     3    (i)  Provided  however,  that,  if  a candidate accepted contributions
     4  exceeding such limits, such acceptance shall not prevent  the  candidate
     5  from  being certified by the PCFB if the candidate in a reasonable time,
     6  as determined by rule, pays to the fund or returns  to  the  contributor
     7  the  portion  of  any contribution that exceeded the applicable contrib-
     8  ution limit.
     9    (ii) If the candidate is unable to return such funds in  a  reasonable
    10  time,  as  determined  by  rule,  because  they have already been spent,
    11  acceptance of contributions exceeding the limits shall not  prevent  the
    12  candidate  from  being certified by the PCFB if the candidate submits an
    13  affidavit agreeing to pay to the fund all portions of any  contributions
    14  that  exceeded  the  limit  no later than thirty days before the general
    15  election. If a candidate provides the PCFB with such an  affidavit,  any
    16  disbursement  of  public  funds  to the candidate shall be reduced by no
    17  more than twenty-five percent until the total amount owed by the  candi-
    18  date is repaid.
    19    (iii) Nothing in this section shall be interpreted to require a candi-
    20  date  who  retains  funds  raised  during any previous election cycle to
    21  forfeit such funds. Funds raised during a previous election cycle may be
    22  retained and used by the candidate for the candidate's campaign  in  the
    23  next  election  cycle  but  funds  shall  not qualify for satisfying the
    24  threshold for participating  in  the  public  campaign  finance  program
    25  established  in this title nor shall they be eligible to be matched. The
    26  PCFB shall adopt regulations to ensure  that  contributions  that  would
    27  satisfy  the  applicable  contribution  limits  authorized in this title
    28  shall be transferred into the appropriate campaign account.
    29    (iv) Contributions received and expenditures made by the candidate  or
    30  an  authorized committee of the candidate prior to the effective date of
    31  this title shall not constitute a violation of this  title.  [Unexpended
    32  contributions  shall  be  treated  the  same as campaign surpluses under
    33  subparagraph (iii) of this paragraph.] Nothing  in  this  recommendation
    34  shall  be  construed to limit, in any way, any candidate or public offi-
    35  cial from expending any portion of pre-existing campaign funds  for  any
    36  lawful purpose other than those related to [his or her] their campaign.
    37    (v)  A  candidate  who  has raised matchable contributions but, in the
    38  case of a covered primary, general or special election, is  not  opposed
    39  by  another  candidate on the ballot who is not a write-in candidate, or
    40  who chooses not to accept matchable funds, may retain such contributions
    41  and apply them in  accord  with  this  title  to  the  candidate's  next
    42  campaign, should there be one, in the next election cycle.
    43    (vi)  The total amount of public matching funds available to a partic-
    44  ipating candidate and their authorized committee for a  covered  general
    45  election  pursuant  to  subdivision  two of section 14-204 of this title
    46  shall be reduced by any unexpended public  matching  funds  received  by
    47  such  candidate  and  their  authorized  committee for a covered primary
    48  election.
    49    2. Threshold for eligibility. (a) The threshold  for  eligibility  for
    50  public funding for participating candidates shall be in the case of:
    51    (i)  governor  and  lieutenant governor (combined), not less than five
    52  hundred thousand dollars in contributions including at least five  thou-
    53  sand  matchable  contributions  shall  be counted toward this qualifying
    54  threshold;
    55    (ii) [lieutenant governor,] attorney general and comptroller, not less
    56  than one hundred thousand dollars in contributions  including  at  least
        S. 3005--C                         58                         A. 3005--C
 
     1  one thousand matchable contributions shall be counted toward this quali-
     2  fying threshold;
     3    (iii)  state senator, except as otherwise provided in paragraph (c) of
     4  this subdivision, not less than twelve thousand dollars in contributions
     5  including at least one hundred fifty matchable  contributions  shall  be
     6  counted toward this qualifying threshold; and
     7    (iv) member of the assembly, except as otherwise provided in paragraph
     8  (c)  of this subdivision, not less than six thousand dollars in contrib-
     9  utions including at least seventy-five matchable contributions shall  be
    10  counted toward this qualifying threshold.
    11    (b)  [However,  solely  for]  For  purposes  of achieving the monetary
    12  thresholds and the contributor  thresholds  in  paragraph  (a)  of  this
    13  subdivision,  the first two hundred fifty dollars of any contribution of
    14  more than two hundred fifty dollars to  a  candidate  or  a  candidate's
    15  committee  [which would otherwise be matchable except that it comes from
    16  a contributor who has contributed more than two hundred fifty dollars to
    17  such candidate or candidate's committee, is] is deemed to be a matchable
    18  contribution and shall count toward satisfying such [monetary  threshold
    19  but  shall not otherwise be considered a matchable contribution] thresh-
    20  olds.
    21    (b-1) The first two hundred  fifty  dollars  of  any  contribution  or
    22  contributions  totaling up to a maximum of one thousand fifty dollars in
    23  the aggregate to a candidate or candidate's committee shall  be  consid-
    24  ered  a matchable contribution provided that such contribution is other-
    25  wise determined to be valid for  public  matching  funds  by  the  PCFB;
    26  provided,  however, that only the portion of any such contribution which
    27  is in excess of two hundred fifty dollars in the aggregate shall not  be
    28  deemed  matchable; and provided further, that any contributions totaling
    29  over one thousand fifty dollars in the aggregate shall not be  matchable
    30  in any amount.
    31    (c)  With  respect  to  the minimum dollar threshold for participating
    32  candidates for state senate and state assembly, in such districts  where
    33  average  median  income  ("AMI")  is  below the AMI as determined by the
    34  United States Census Bureau three years before such election  for  which
    35  public  funds  are sought, such minimum dollar threshold for eligibility
    36  shall be  reduced  by  one-third.  The  PCFB  shall  make  public  which
    37  districts  are  subject to such reduction no later than two years before
    38  the first primary election for which funding is sought.
    39    (d) Any participating candidate meeting the threshold for  eligibility
    40  in  a primary election for one of the foregoing offices shall be applied
    41  to satisfy the threshold for eligibility for such office  in  any  other
    42  subsequent  election  held  in the same calendar year. Any participating
    43  candidate who is nominated in a primary election and has participated in
    44  the public financing program set forth in this title, [must]  shall  not
    45  be  required  to  participate  in  the  public financing program for the
    46  general election for such office should they choose to run in the gener-
    47  al election.
    48    § 5. Subdivisions 1, 2 and 5 of section 14-204 of the election law, as
    49  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    50  amended to read as follows:
    51    1.  In  any primary election, receipt of public funds by participating
    52  candidates and by their participating committees shall not exceed:
    53    (a) for Governor and Lieutenant Governor (combined)          $3,500,000
    54    (b) for [Lieutenant Governor,] Attorney General or
    55    Comptroller                                                  $3,500,000
    56    (c) for State Senator                                        $375,000
        S. 3005--C                         59                         A. 3005--C
 
     1    (d) for Member of the Assembly                               $175,000
     2    2.  In  any  general or special election, receipt of public funds by a
     3  participating candidate's authorized committees shall not exceed:
     4    (a) for Governor and Lieutenant Governor (combined)          $3,500,000
     5    (b) for Attorney General                                     $3,500,000
     6    (c) for Comptroller                                          $3,500,000
     7    (d) for State Senator                                        $375,000
     8    (e) for Member of the Assembly                               $175,000
     9    5. A candidate only on the ballot in one or more primary elections  in
    10  which  the number of persons eligible to vote for party nominees in each
    11  such election totals fewer than one thousand shall  not  receive  public
    12  funds in excess of five thousand dollars for qualified campaign expendi-
    13  tures  in  such election or elections; provided, however, such candidate
    14  may receive up to five thousand dollars per each additional one thousand
    15  voters over the first one thousand voters but shall not  receive  public
    16  funds in excess of fifteen thousand dollars total for qualified campaign
    17  expenditures  in  such  election  or elections. For the purposes of this
    18  section, the number of persons eligible to vote for party nominees in  a
    19  primary  election shall be as determined by the state board of elections
    20  for the calendar year of the primary election. A candidate for office on
    21  the ballot in more than one primary for such office,  shall  be  deemed,
    22  for purposes of this recommendation, to be a single candidate.
    23    §  6.  Subdivisions  3 and 4 of section 14-205 of the election law, as
    24  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    25  amended to read as follows:
    26    3.  Timing  of  payment. (a) The PCFB shall make any payment of public
    27  matching funds to participating candidates as soon  as  is  practicable.
    28  But  in all cases, it shall verify eligibility for public matching funds
    29  within four days,  excluding  weekends  and  holidays,  of  receiving  a
    30  campaign  contribution report filed in compliance with section 14-104 of
    31  this article. Within two days of determining  that  a  candidate  for  a
    32  covered office is eligible for public matching funds, it shall authorize
    33  payment  of  the  applicable  matching funds owed to the candidate. [The
    34  PCFB shall schedule at least three payment  dates  in  the  thirty  days
    35  prior to a covered primary, general, or special election. If any of such
    36  payments  would require payment on a weekend or federal holiday, payment
    37  shall be made on the next business day.]
    38    (b) The PCFB shall schedule payment dates as follows: for the  primary
    39  election  period,  one payment no later than one week after the deadline
    40  to accept or decline designations for the primary election, and at least
    41  four payments prior to the primary date; for the general election  peri-
    42  od,  one  payment  no  later  than  July  first, at least one additional
    43  payment in July, at least one payment in August, at least  two  payments
    44  in  September, at least two payments in October, at least one payment in
    45  November, and at least one  payment  in  December;  and  for  any  other
    46  covered election, a minimum of three payment days within the thirty days
    47  prior  to  such covered election.  If any of such payments would require
    48  payment on a weekend or federal holiday, payment shall be  made  on  the
    49  next business day. A certification pursuant to paragraph (d) of subdivi-
    50  sion  one of section 14-203 of this title shall be required to have been
    51  filed with the PCFB no later than fifteen business  days  prior  to  the
    52  payment  date  on which a participating candidate is eligible to receive
    53  public funds pursuant to this subdivision.  For purposes of such payment
    54  dates, the PCFB shall provide each candidate  with  a  written  determi-
    55  nation  specifying  the  basis  for  any non-payment and a report of all
    56  contributions accepted and matched with public funds.
        S. 3005--C                         60                         A. 3005--C

     1    4. Notwithstanding any provision of this section to the contrary,  the
     2  amount  of  public  funds  payable  to  a participating candidate on the
     3  ballot in any covered election shall not exceed one-quarter of the maxi-
     4  mum public funds  payment  otherwise  applicable  and  no  participating
     5  candidate  shall  be  eligible to receive a disbursement of public funds
     6  prior to two weeks after the last day to file designating petitions  for
     7  a  primary  election  unless the participating candidate is opposed by a
     8  competitive candidate. [The PCFB shall, by regulation, set forth  objec-
     9  tive  standards  to determine whether a candidate is competitive and the
    10  procedures for qualifying for the payment of public  funds.]  A  partic-
    11  ipating candidate shall be considered opposed by a competitive candidate
    12  when at least one of the following conditions are met:
    13    (a)  For  a covered general election only if the margin of victory was
    14  twenty points or less in a contest involving  an  opposing  major  party
    15  candidate  in  an election for public office in an area encompassing all
    16  or part of the area that is the subject of the current election  in  the
    17  last eight years preceding the election of the covered office sought.
    18    (b)  The  opposing candidate has received the endorsement of a current
    19  or former statewide elected official, or a  current  or  former  federal
    20  elected  official  representing all or a portion of the area represented
    21  by the covered office sought, or  a  current  or  former  United  States
    22  senator,  or in the case of a district that encompasses a portion of New
    23  York city, a current or former citywide elected official.
    24    (c) The opposing candidate has received  three  or  more  endorsements
    25  from  other  current  or  former  state,  county, city, town, or village
    26  elected officials who represent all or a part of the area covered by the
    27  election.
    28    (d) In the past ten years, the opposing candidate's  spouse,  domestic
    29  partner,  sibling, parent, or child holds or has held elective office in
    30  an area encompassing all or part of  the  district  represented  by  the
    31  covered office sought.
    32    (e)  The opposing candidate has been deemed eligible to receive public
    33  funds payment for the covered election.
    34    (f) The general election in that district was  within  a  twenty-point
    35  margin within the last six years.
    36    (g)  The  opposing candidate is self-funding in an amount equal to the
    37  minimum dollar thresholds for eligibility set forth in paragraph (a)  or
    38  (c) of subdivision two of section 14-203 of this title.
    39    (h) The opposing candidate previously held elected office.
    40    (i)  The  opposing  candidate  has received endorsement of one or more
    41  membership organizations with a membership of  over  one  hundred  fifty
    42  members; provided however, that the participating candidate must provide
    43  a  description of the organization endorsing such opposing candidate and
    44  attach any available evidence of such endorsement.
    45    (j) Within the last eight years, the opposing candidate  has  received
    46  twenty-five percent or more of the vote in an election for public office
    47  in  an  area encompassing all or part of the district represented by the
    48  covered office sought.
    49    § 7. Subdivision 1 of section 14-207 of the election law, as added  by
    50  section  4  of part ZZZ of chapter 58 of the laws  of  2020, is  amended
    51  to read as follows:
    52    1. There shall be a public campaign finance  board  within  the  state
    53  board  of elections that shall be comprised of the following commission-
    54  ers: the four state board of elections  commissioners  and  three  addi-
    55  tional  commissioners,  one jointly appointed by the legislative leaders
    56  of one major political party in  each  house  of  the  legislature,  one
        S. 3005--C                         61                         A. 3005--C
 
     1  jointly  appointed  by  the legislative leaders of the other major poli-
     2  tical party in each house of the legislature, and one of whom  shall  be
     3  appointed  by  the  governor. Each commissioner must be a New York state
     4  resident  and  registered voter, and may not currently be, or within the
     5  previous five years have been, an officer of a political party or  poli-
     6  tical  committee  as defined in the election law, or a registered lobby-
     7  ist. The chair of the PCFB shall be designated by the  PCFB  from  among
     8  the three additional commissioners. Each of the three additional commis-
     9  sioners shall receive a per diem of three hundred fifty dollars for work
    10  actually performed not to exceed twenty-five thousand dollars in any one
    11  calendar  year. They shall be considered public officers for purposes of
    12  sections seventy-three-a and seventy-four of the  public  officers  law.
    13  The  three  commissioners  so  appointed pursuant to this recommendation
    14  will be appointed for a term of five years to commence  on  July  first,
    15  two  thousand twenty and may be removed by [his or her] their appointing
    16  authority solely for substantial neglect of duty,  gross  misconduct  in
    17  office,  inability  to  discharge  the  power or duties of office, after
    18  written notice and opportunity to be heard. During the period of [his or
    19  her] their term as a commissioner appointed hereunder, each such commis-
    20  sioner is barred from making, or  soliciting  from  other  persons,  any
    21  contributions  to  candidates for election to the offices of governor[,]
    22  and lieutenant governor, attorney general, comptroller,  member  of  the
    23  assembly,  or  state senator. Any vacancy occurring on the PCFB shall be
    24  filled within thirty days of its occurrence in the same  manner  as  the
    25  member  whose  vacancy is being filled was appointed. A person appointed
    26  to fill a vacancy occurring other than by expiration of a term of office
    27  shall be appointed for the unexpired term  of  the  member  [he  or  she
    28  succeeds]  they  succeed.  Four  members  of the PCFB shall constitute a
    29  quorum, and the PCFB shall have the power to act by majority vote of the
    30  total number of members of the commission without vacancy.  All  members
    31  of  the PCFB shall be appointed no later than the first day of July, two
    32  thousand twenty and the PCFB shall promulgate such  regulations  as  are
    33  needed no later than the first day of July, two thousand twenty-one.
    34    §  8.  Section  14-207  of the election law is amended by adding a new
    35  subdivision 3-a to read as follows:
    36    3-a. The PCFB shall develop and administer in person and online train-
    37  ing for individuals to become certified  as  compliance  officers  under
    38  this  title.  Such training shall include information concerning compli-
    39  ance with the rules of the public campaign finance  program,  disclosure
    40  and  record  keeping requirements, obligations of the program, and other
    41  relevant information as determined by the PCFB. The PCFB  shall  promul-
    42  gate  regulations  for the certification of compliance officers pursuant
    43  to this subdivision and shall publish a  list  of  certified  compliance
    44  officers on its website which shall be updated every thirty days.
    45    § 9. Paragraphs (a), (b) and (c) of subdivision 1 of section 14-208 of
    46  the election law, as added by section 4 of part ZZZ of chapter 58 of the
    47  laws of 2020, are amended to read as follows:
    48    (a) The PCFB shall audit and examine all matters relating to the prop-
    49  er  administration  of  this title and shall complete all such audits no
    50  later than one and one-half years after the election in  question.  This
    51  deadline  shall  not apply in cases involving potential campaign-related
    52  fraud, knowing and willful  violations  of  this  article,  or  criminal
    53  activity;  provided, however, the PCFB may at any time audit any partic-
    54  ipating candidate for  which  it  receives  credible  reports  involving
    55  potential campaign-related fraud, knowing and willful violations of this
        S. 3005--C                         62                         A. 3005--C
 
     1  article,  or  criminal  activity,  if  such  reports  are related to the
     2  receipt or use of program funds.
     3    (b)  Every  participating  candidate for statewide office who receives
     4  public funds as provided in this title,  and  every  candidate  for  any
     5  other  office  who  receives five hundred thousand dollars or greater in
     6  public funds as provided in this title, shall be  audited  by  the  PCFB
     7  along  with all other candidates in each such race. Such audits shall be
     8  completed within one and one-half years of  the  election  in  question.
     9  Participating  candidates  who  do  not receive public matching funds as
    10  provided in this title shall not be audited by the PCFB pursuant to this
    11  paragraph.
    12    (c) Except as provided in paragraph (b) of this subdivision, the  PCFB
    13  shall  select not more than one-third of all participating candidates in
    14  covered elections for audit through a lottery which shall  be  completed
    15  within one year of the election in question. A separate lottery shall be
    16  conducted  for  each  office.  The PCFB shall select senate and assembly
    17  districts to be audited,  auditing  every  candidate  in  each  selected
    18  district,  while  ensuring  that the number of audited candidates within
    19  those districts does not  exceed  fifty  percent  of  all  participating
    20  candidates  for the relevant office. The lottery for senate and assembly
    21  elections shall be weighted to increase the likelihood that  a  district
    22  for  the  relevant  office is audited based on how frequently it has not
    23  been selected for auditing during the past three  election  cycles.  The
    24  PCFB  shall  promulgate  rules  concerning  the  method of weighting the
    25  senate and assembly lotteries, including provisions for the first  three
    26  election  cycles for each office.  The names of  candidates selected for
    27  an audit shall not be disclosed unless there is a  declared  finding  of
    28  wrongdoing by the PCFB.
    29    § 10. Paragraph (c) of subdivision 2 of section 14-208 of the election
    30  law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
    31  2020, is amended and a new paragraph (d) is added to read as follows:
    32    (c) If [the total sum of contributions received  and  public  matching
    33  payments  from the fund received by a participating candidate and his or
    34  her authorized committee exceed the total campaign expenditures of  such
    35  candidate and authorized committee for all covered elections held in the
    36  same  calendar  year or for a special election to fill a vacancy] at the
    37  end of an election cycle or following a special election, surplus  funds
    38  remain  in  a  participating  candidate's authorized committee after all
    39  liabilities for qualified campaign expenditures for such election  cycle
    40  or  special  election have been paid, such candidate and committee shall
    41  [use such surplus funds to reimburse the fund for payments  received  by
    42  such authorized committee from the fund during such calendar year or for
    43  such  special  election] pay to the fund an amount equal to the surplus,
    44  as defined in subdivision nineteen of section 14-200-a  of  this  title;
    45  provided,  however,  such candidate may retain an amount of such surplus
    46  that does not include any public  matching  funds  to  the  extent  such
    47  amount  does not exceed fifty thousand dollars. No public matching funds
    48  shall be eligible to be retained. The  surplus  repayment  shall  in  no
    49  event  exceed  the  total amount of public matching funds received.  Any
    50  funds raised during any previous election cycle, as described in subpar-
    51  agraph (iii) of paragraph (i) of subdivision one of  section  14-203  of
    52  this  title,  shall  be  excluded  from the calculation of surplus funds
    53  required by this paragraph and shall not count toward the fifty thousand
    54  dollar limit permitted by this paragraph, and such funds may continue to
    55  be retained. Participating candidates shall make such [payments] surplus
    56  payment not later than twenty-seven days after all liabilities  for  the
        S. 3005--C                         63                         A. 3005--C
 
     1  election  have  been  paid  and  in any event, not later than the day on
     2  which the PCFB issues its  final  audit  report  for  the  participating
     3  candidate's  authorized  committee;  provided, however, that all unspent
     4  public campaign funds for a participating candidate shall be immediately
     5  due  and  payable  to the PCFB upon a determination by the PCFB that the
     6  participant has delayed the post-election audit. A participating  candi-
     7  date  may  make  post-election  expenditures  with public funds only for
     8  routine activities involving nominal [cost] costs associated with  wind-
     9  ing  up a campaign and responding to the post-election audit. Nothing in
    10  this title shall be construed to prevent a candidate  or  [his  or  her]
    11  their  authorized  committee  from using campaign contributions received
    12  from private contributors for otherwise lawful expenditures. Any amounts
    13  retained pursuant to this paragraph in such authorized  committee  after
    14  the  payment  required  by this paragraph has been made, may be used for
    15  any lawful purpose.
    16    (d) Candidates shall have thirty days to cure any  violations  identi-
    17  fied  by  the  PCFB  in  its post-election audit before there may be any
    18  declared findings of wrongdoing.
    19    § 11.  Section 14-212 of the election law, as added by  section  4  of
    20  part  ZZZ  of  chapter  58  of  the  laws of 2020, is amended to read as
    21  follows:
    22    § 14-212. Severability. [If any clause, sentence, or other portion  of
    23  paragraph  (c)  of  subdivision  two  of section 14-203 of this title be
    24  adjudged by any court of competent  jurisdiction  to  be  invalid,  then
    25  subparagraphs  (iii)  and  (iv)  of  paragraph (a) of subdivision two of
    26  section 14-203 of this title shall read as follows:
    27    (iii) state senator, except as otherwise provided in paragraph (c)  of
    28  this  subdivision,  not  less  than  ten  thousand  dollars in matchable
    29  contributions  including  at  least  one  hundred  and  fifty  matchable
    30  contributions in an amount greater than five dollars and no greater than
    31  the limits in this chapter, of which the first two hundred fifty dollars
    32  shall be counted toward this qualifying threshold; and
    33    (iv) member of the assembly, except as otherwise provided in paragraph
    34  (c)  of this subdivision, not less than five thousand dollars in matcha-
    35  ble contributions including at  least  seventy-five  matchable  contrib-
    36  utions  in  an  amount greater than five dollars and no greater than the
    37  limits in this chapter, of which the first  two  hundred  fifty  dollars
    38  shall  be  counted  toward  this  qualifying  threshold.] If any clause,
    39  sentence, paragraph, subdivision, section or part of this title shall be
    40  determined by any court of competent jurisdiction to  be  invalid,  such
    41  judgment  shall  not affect, impair or invalidate the remainder thereof,
    42  but shall be  confined  in  its  operation  to  the  particular  clause,
    43  sentence, paragraph, subdivision, section or part thereof directly found
    44  invalid in the judgment rendered. It is hereby declared to be the intent
    45  of  the legislature that this title would have been enacted even if such
    46  invalid provisions had not been included herein.
    47    § 12. Subdivision 6 of section 92-t of the state finance law, as added
    48  by section 5 of part ZZZ of chapter 58 of the  laws    of    2020,    is
    49  amended to  read  as follows:
    50    6. [No public funds shall be paid to any participating candidates in a
    51  primary   election  any  earlier  than  thirty  days  after  designating
    52  petitions or certificates of nomination have been filed  and  not  later
    53  than  thirty  days  after  such  primary election.] Public funds paid to
    54  participating candidates shall be paid in accordance with the  timelines
    55  established by section 14-205 of the election law.
        S. 3005--C                         64                         A. 3005--C
 
     1    §  13. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
     2  ing the election law relating to  public  financing  for  state  office;
     3  amending  the  state  finance  law relating to establishing the New York
     4  state campaign finance fund; and amending the tax law relating to estab-
     5  lishing the NYS campaign finance fund check-off, is REPEALED.
     6    §  14.  This act shall take effect on the ninetieth day after it shall
     7  have become a law.    Effective  immediately,  the  addition,  amendment
     8  and/or repeal of any rule or regulation necessary for the implementation
     9  of  this  act  on  its  effective  date  are  authorized  to be made and
    10  completed by the public campaign finance board on or before such  effec-
    11  tive date.
 
    12                                   PART PP
 
    13    Section 1. Section 5-b of the legislative law, as added by chapter 841
    14  of the laws of 2022, is amended to read as follows:
    15    § 5-b. Limit on outside earned income by members. 1. Effective January
    16  first,  two thousand twenty-five a member of the legislature receiving a
    17  salary for legislative work from the state of New York shall be  permit-
    18  ted  to  earn  outside  income  each year for performing fee for service
    19  activities and compensated outside activities approved under the  perma-
    20  nent  joint  rules  of  the Senate and Assembly in an amount totaling no
    21  greater than the earning limitations for retired persons in positions of
    22  public service allowed for  the  same  year  under  subdivision  two  of
    23  section  two  hundred  twelve of the retirement and social security law.
    24  [Compliance] Effective January first, two thousand twenty-seven, compli-
    25  ance with the limit on outside earned income described in  this  section
    26  shall  be  a  condition  precedent to receiving a salary for legislative
    27  activities from the state of New York, and voting as  a  member  of  the
    28  legislature of the state of New York.
    29    2.  a.  For purposes of this section, the term "outside earned income"
    30  shall mean wages, salaries, fees and other  forms  of  compensation  for
    31  services actually rendered.
    32    b.  For the purposes of this section, the term "outside earned income"
    33  shall not include:
    34    (1) salary, benefits and allowances paid by the state;
    35    (2) income and allowances attributable to service in the  reserves  of
    36  the  armed  forces  of the United States, national guard or other active
    37  military service;
    38    (3) copyright royalties, fees, and their functional  equivalent,  from
    39  the use of copyrights, patents and similar forms of intellectual proper-
    40  ty  rights,  when  received from established users or purchasers of such
    41  rights;
    42    (4) income from retirement plans of the state of New York or the  city
    43  of New York, private pension plans or deferred compensation plans (e.g.,
    44  401,  403(b),  457,  etc.)  established  in accordance with the internal
    45  revenue code;
    46    (5) income from investments and  capital  gains,  where  the  member's
    47  services are not a material factor in the production of income;
    48    (6)  income from a trade or business in which a member of their family
    49  holds a controlling interest, where the  member's  services  are  not  a
    50  material factor in the production of income; and
    51    (7)  compensation  from  services  actually  rendered prior to January
    52  first, two thousand twenty-five, or prior to being sworn in as a  member
    53  of the legislature.
        S. 3005--C                         65                         A. 3005--C
 
     1    3. [A] Effective January first, two thousand twenty-seven, a member of
     2  the  legislature who knowingly and intentionally violates the provisions
     3  of this section shall be subject to a civil penalty in an amount not  to
     4  exceed forty thousand dollars and the value of any gift, compensation or
     5  benefit  received  in  connection with such violation.   Assessment of a
     6  civil penalty shall  be  made  by  the  legislative  ethics  commission,
     7  provided  however,  that  no civil penalty shall be assessed pursuant to
     8  paragraph (a) of subdivision nine of section eighty of this chapter  for
     9  violations  of  this section occurring prior to January first, two thou-
    10  sand twenty-seven.
    11    § 2. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after January 1, 2025.
 
    13                                   PART QQ
 
    14    Section  1.  Subdivisions  1, 2 and 5 of section 6-104 of the election
    15  law are amended to read as follows:
    16    1. Party designation of a candidate for nomination for any  office  to
    17  be  filled  by the voters of the entire state shall be made by the state
    18  committee. A designation for the  offices  of  governor  and  lieutenant
    19  governor,  shall  be  made  jointly  by  a  single majority vote of such
    20  committee.
    21    2. The state committee shall make a decision  by  majority  vote.  The
    22  person  or  persons  receiving  the  majority  vote shall be the party's
    23  designated candidate or pair of candidates for nomination, and all other
    24  persons who shall have received twenty-five percent or more of the  vote
    25  cast  on  any  ballot  shall have the right to make written demand, duly
    26  acknowledged, to the state board of elections that their names appear on
    27  the primary ballot as candidates for such nomination. Such demand  shall
    28  be  made  not  later than seven days after such meeting and may be with-
    29  drawn in the same  manner  within  fourteen  days  after  such  meeting;
    30  provided  however,  that  in  the  case of the joint designation for the
    31  offices of governor and lieutenant governor made pursuant to subdivision
    32  five of this section, such right to  make  a  written  demand  shall  be
    33  afforded  only  to  a  pair of candidates who jointly sought such desig-
    34  nation where the candidate for governor in such  pair  received  twenty-
    35  five percent or more of the vote cast on any ballot for such office, and
    36  such  demand  must  be  made jointly by both candidates in such pair for
    37  their names to appear jointly on the primary ballot  as  candidates  for
    38  nomination for such offices.
    39    5.  Enrolled members of the party may make other designations by peti-
    40  tion for [a member] members of the same party. A petition designating  a
    41  candidate  for  the  office  of governor or lieutenant governor shall be
    42  valid only if such petition jointly designates candidates for both  such
    43  offices on such petition.
    44    § 2. Subdivision 1 of section 6-132 of the election law, as amended by
    45  chapter 176 of the laws of 2017, is amended to read as follows:
    46    1.  Each  sheet  of  a designating petition shall be signed in ink and
    47  shall contain the following information and shall  be  in  substantially
    48  the following form:
    49    I, the undersigned, do hereby state that I am a duly enrolled voter of
    50  the....................  party  and entitled to vote at the next primary
    51  election of such party, to be held  on...............,  20...;  that  my
    52  place  of  residence is truly stated opposite my signature hereto, and I
    53  do hereby designate the following named person (or persons) as a  candi-
        S. 3005--C                         66                         A. 3005--C
 
     1  date  (or candidates) for the nomination of such party for public office
     2  or for election to a party position of such party.
 
     3  ________________________________________________________________________
 
     4   **(JOINTLY DESIGNATED CANDIDACY FOR GOVERNOR AND LIEUTENANT GOVERNOR)**
 
     5    Name of             Governor               Residence of Candidate
     6    Candidate                                  for Governor
     7    for Governor
     8    ............                               .........................
     9    ............                               .........................
 
    10    Name of
    11    Candidate for
    12    Lieutenant          Lieutenant Governor    Residence of Candidate
    13    Governor                                   for Lieutenant Governor
    14    ............                               .........................
    15    ............                               .........................
    16  ________________________________________________________________________
 
    17                     Public Office
    18                     or party position         Place of Residence
    19   Names of          (include district number, (also post office address,
    20   candidates        if applicable)            if not identical)
    21   ............      ................          .........................
    22   ............      ................          .........................
 
    23    I  do  hereby appoint .............................. (insert the names
    24  and addresses of at least three persons, all of whom shall  be  enrolled
    25  voters  of  said  party)  as a committee to fill vacancies in accordance
    26  with the provisions of the election law.
    27    In witness whereof, I have hereunto set my  hand,  the  day  and  year
    28  placed opposite my signature.
    29   Date              Name of Signer            Residence
    30   ............      ..............            .........................
    31   ............      ..............            .........................
    32                                                 Town or city (except
    33                                                 in the city of New
    34                                                 York, the county)
    35                                                 ..................
    36                                                 ..................
    37    §  3.  Section  6-134  of  the election law is amended by adding a new
    38  subdivision 1-a to read as follows:
    39    1-a. A designating petition for the offices of governor and lieutenant
    40  governor shall be valid only if such petition jointly designates  candi-
    41  dates for both offices.
    42    §  4.  Section  6-138  of  the election law is amended by adding a new
    43  subdivision 2-a to read as follows:
    44    2-a. Independent nominations for the offices of governor and  lieuten-
    45  ant  governor  shall  be  designated jointly by the independent body. An
    46  independent nominating petition for the offices of governor and lieuten-
    47  ant governor shall be valid only  if  such  petition  jointly  nominates
    48  candidates for both offices.
        S. 3005--C                         67                         A. 3005--C
 
     1    §  5.  Paragraph  a  of subdivision 1 of section 6-140 of the election
     2  law, as amended by chapter 176 of the laws of 2017, is amended  to  read
     3  as follows:
     4    a. Each sheet of an independent nominating petition shall be signed in
     5  ink,  shall  contain  the following information and shall be in substan-
     6  tially the following form:
     7    I, the undersigned, do hereby state that I am a  registered  voter  of
     8  the  political  unit  for which a nomination for public office is hereby
     9  being made, that my present place of residence is truly stated  opposite
    10  my  signature  hereto, and that I do hereby nominate the following named
    11  person (or persons) as a candidate (or as candidates)  for  election  to
    12  public  office (or public offices) to be voted for at the election to be
    13  held on the ............ day of ................,  20....,  and  that  I
    14  select  the name ............................ (fill in name) as the name
    15  of the independent body  making  the  nomination  (or  nominations)  and
    16  ................ (fill in emblem) as the emblem of such body.
 
    17  ________________________________________________________________________
 
    18   **(JOINTLY DESIGNATED CANDIDACY FOR GOVERNOR AND LIEUTENANT GOVERNOR)**
    19    Name of             Governor               Residence of Candidate
    20    Candidate                                  for Governor
    21    for Governor
    22    ............                               .........................
    23    ............                               .........................
 
    24    Name of
    25    Candidate for
    26    Lieutenant          Lieutenant Governor    Residence of Candidate
    27    Governor                                   for Lieutenant Governor
    28    ............                               .........................
    29    ............                               .........................
 
    30  ________________________________________________________________________
 
    31                      Public                 Place of residence
    32                      Office                 (also post office
    33   Name of            (include district       address
    34   Candidate          number, if applicable) if not identical)
    35   ..........         .................      ..........................
    36   ..........         .................      ..........................
    37  I do hereby appoint ............................. (here insert the names
    38  and addresses of at least three persons, all of whom shall be registered
    39  voters  within such political unit), as a committee to fill vacancies in
    40  accordance with the provisions of the election law.
    41    In witness whereof, I have hereunto set my  hand,  the  day  and  year
    42  placed opposite my signature.
 
    43   Date              Name of Signer            Residence
    44   ......            ................          .......................
    45   ......            ................          .......................
    46                                               Town or city (except
    47                                               in the city of New
    48                                               York, the county)
                                                     .......................
        S. 3005--C                         68                         A. 3005--C
 
                                                     .......................
 
     1    §  6.  Section  6-146  of  the election law is amended by adding a new
     2  subdivision 8 to read as follows:
     3    8. In the case of a joint designation  or  joint  nomination  for  the
     4  offices  of governor and lieutenant governor made pursuant to this arti-
     5  cle, a declination filed by either candidate  shall  only  constitute  a
     6  declination  by  the  declining  candidate and shall create a vacancy in
     7  such joint designation or joint  nomination.  A  vacancy  in  the  joint
     8  designation or joint nomination for the offices of governor and lieuten-
     9  ant governor shall be filled in accordance with the provisions for fill-
    10  ing vacancies in section 6-148 of this article.
    11    § 7. Subdivision 3 of section 6-148 of the election law, as amended by
    12  chapter  234  of the laws of 1976, is amended and a new subdivision 7 is
    13  added to read as follows:
    14    3. A vacancy in a nomination made at a primary, or by a tie vote ther-
    15  eat, may be filled by a majority of the members, of the party  committee
    16  or  committees  last  elected  in the political subdivision in which the
    17  vacancy occurs, present at a meeting at which there is a quorum, or by a
    18  majority of such other committee as the rules of the party may  provide;
    19  provided,  however, that a vacancy in a joint nomination for the offices
    20  of governor and lieutenant governor made at a  primary  election,  or  a
    21  vacancy  in  a  joint  designation  or joint nomination for such offices
    22  caused by declination, death, or disqualification and not filled by  the
    23  committee  to fill vacancies, shall be filled by the appropriate commit-
    24  tee or committees pursuant to this subdivision and party rules. A single
    25  certificate shall be filed pursuant to the requirements of  subdivisions
    26  four and five of this section to fill such vacancy.
    27    7.  A vacancy occurring in a joint designation or joint nomination for
    28  the offices  of  governor  and  lieutenant  governor  before  a  primary
    29  election,  whether  caused  by  declination pursuant to section 6-146 of
    30  this article, or by the death or disqualification  of  either  candidate
    31  designated  or  nominated, may be filled by the committee to fill vacan-
    32  cies shown upon the face of the petition or certificate  of  such  joint
    33  designation  or  joint nomination. Such vacancy in the joint designation
    34  or joint nomination shall be filled by the making and filing of a single
    35  certificate, setting forth the fact and cause of the vacancy, the  title
    36  of  the  vacant office in the joint designation or joint nomination, the
    37  names of the original candidates, and the name and address of the candi-
    38  date or candidates newly designated or nominated jointly for the offices
    39  of governor and lieutenant governor. Such certificate shall comply  with
    40  the requirements of subdivisions four and five of this section.
    41    §  8. Subdivision 1 of section 7-114 of the election law is amended by
    42  adding a new paragraph (d) to read as follows:
    43    (d) For the offices of governor and lieutenant governor, ballots shall
    44  be printed with the names of the candidates for both  offices  who  were
    45  designated  jointly.  The  names shall appear in the same row or column,
    46  with the name of the candidate for governor appearing first. The  ballot
    47  shall  have  one designating letter or number to reflect the offices are
    48  voted for jointly.
    49    § 9. This act shall take effect immediately.
 
    50                                   PART RR

    51    Section 1. The legislature hereby finds and declares as follows:
        S. 3005--C                         69                         A. 3005--C
 
     1    The state constitution and  executive  law  enumerate  the  distinctly
     2  separate powers, duties and obligations of the governor and the attorney
     3  general.  The  governor  and  attorney general are independently elected
     4  statewide officials in New York. The governor is vested with the  execu-
     5  tive  power of the state. The governor is charged with overseeing execu-
     6  tive agencies and entities, and ensuring that the laws of the state  are
     7  faithfully  executed. The executive law expressly authorizes appointment
     8  of a counsel to the governor.
     9    The attorney general leads the department of law.  In  that  capacity,
    10  the  attorney general defends against lawsuits brought against the state
    11  or its agencies or officials, upon their request and  pursuant  to  law.
    12  The  attorney  general also has independent authority to bring civil law
    13  enforcement actions, including on behalf of the people of the  state  of
    14  New York to protect consumers and markets from unlawful actions. In such
    15  a  civil  enforcement  action,  the  attorney general does not act as an
    16  attorney representing the governor, a state official, or a state agency.
    17  In exercising such duties, the attorney general does not in the ordinary
    18  course gain access to, or legal or practical control over, state  agency
    19  or entity materials outside the department of law.
    20    Recent  court  decisions  have  failed  to recognize and adhere to the
    21  state's constitutional separation of powers and longstanding legal prin-
    22  ciples regarding the distinct roles and responsibilities of the attorney
    23  general and the governor and executive agencies. These  decisions  place
    24  an  improper  burden on the attorney general to obtain materials outside
    25  the control of the department of law in the midst of a civil enforcement
    26  action. Moreover,  such  decisions  impose  unforeseen  and  significant
    27  discovery  costs  and burdens on executive agencies and their employees,
    28  and create the potential for  conflicts  of  interest.  The  legislature
    29  therefore  sees fit to reconfirm New York law to reflect the purpose and
    30  principles set forth herein.
    31    § 2. Section 63 of the executive law is amended by adding a new subdi-
    32  vision 18 to read as follows:
    33    18. Notwithstanding any other  law  to  the  contrary,  in  any  civil
    34  enforcement action initiated by the attorney-general, neither the attor-
    35  ney-general  nor  the department of law has, or shall be deemed to have,
    36  possession, custody, or control of, or the right, authority, or  practi-
    37  cal  ability  to obtain documents, communications, other information, or
    38  personnel of any agency, entity, or authority other than the  department
    39  of law.
    40    §  3.  This  act  shall take effect immediately and shall apply to all
    41  pending actions brought by the attorney general as well as  all  actions
    42  commenced on or after such date.
 
    43                                   PART SS
 
    44    Section  1. Subdivision 17 of section 501 of the retirement and social
    45  security law, as amended by chapter 18 of the laws of 2012,  is  amended
    46  to read as follows:
    47    17.  "Normal  retirement  age"  shall  be  age  sixty-two, for general
    48  members, and the age at which a member completes or would have completed
    49  twenty-two years of service, for  police/fire  members,  New  York  city
    50  uniformed  correction/sanitation  revised  plan members and investigator
    51  revised plan members, except that for police/fire  members  of  the  New
    52  York city police pension fund, normal retirement age shall be the age at
    53  which  a  member  completes  or  would  have  completed  twenty years of
    54  service.
        S. 3005--C                         70                         A. 3005--C
 
     1    § 2. Subdivision d of section 503 of the retirement and social securi-
     2  ty law, as amended by chapter 18 of the laws of 2012, is amended to read
     3  as follows:
     4    d.  The  normal  service  retirement benefit specified in section five
     5  hundred five of this article shall be paid to police/fire  members,  New
     6  York  city  uniformed  correction/sanitation  revised  plan  members and
     7  investigator revised plan members without regard to age upon  retirement
     8  after  twenty-two  years  of  service,  except  that  the normal service
     9  retirement benefit specified in section five hundred five of this  arti-
    10  cle  shall  be  paid  to police/fire members of the New York city police
    11  pension fund, after twenty years of service.   Early service  retirement
    12  shall  be  permitted  upon  retirement  after  twenty  years of credited
    13  service or attainment of age sixty-two, provided, however, that New York
    14  city  police/fire  revised  plan  members,  New  York   city   uniformed
    15  correction/sanitation revised plan members and investigator revised plan
    16  members shall not be eligible to retire for service prior to the attain-
    17  ment of twenty years of credited service.
    18    §  3. Section 505 of the retirement and social security law is amended
    19  by adding a new subdivision d to read as follows:
    20    d.  Notwithstanding  anything  to  the  contrary  in  any  other  law,
    21  police/fire  members  of  the New York city police pension fund shall be
    22  eligible for a normal service retirement benefit in  lieu  of  an  early
    23  service  retirement  benefit  upon  completing  twenty  years of service
    24  pursuant to subdivision d of section five hundred three of this article.
    25    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation would reduce the Normal  Retirement
        Age for Tier 3 members of the New York City Police Pension Fund (POLICE)
        to be the age at which a member completes or would have completed twenty
        years of service.
 
                        EXPECTED IMPACT ON EMPLOYER CONTRIBUTIONS
                                     ($ in Millions)
 
                                       Year  POLICE
                                       2026   16.3
                                       2027   17.4
                                       2028   18.7
                                       2029   20.0
                                       2030   21.3
                                       2031   22.5
                                       2032   23.5
                                       2033   24.5
                                       2034   25.5
                                       2035   26.4
                                       2036   27.3
                                       2037   28.2
                                       2038   29.1
                                       2039   29.9
                                       2040   30.8
                                       2041   31.7
                                       2042   25.8
                                       2043   26.7
                                       2044   27.6
                                       2045   28.5
                                       2046   29.4
        S. 3005--C                         71                         A. 3005--C
 
                                       2047   30.3
                                       2048   31.2
                                       2049   32.1
                                       2050   33.1
        Projected  contributions  include future new hires that may be impacted.
        For Fiscal Year 2051 and beyond, the increase in  normal  cost  for  new
        entrants  will  remain  level as a percent of pay for the impacted popu-
        lation (approximately 0.33%).
 
        The entire increase in employer contributions will be allocated  to  New
        York City.
          PRESENT  VALUE  OF  BENEFITS:  The  Present  Value  of Benefits is the
        discounted expected value of benefits paid to  current  members  if  all
        assumptions are met, including future service accrual and pay increases.
        Future new hires are not included in this present value.
 
                 INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                           as of June 30, 2024 ($ in Millions)
 
                       Present Value (PV)                 POLICE
                       (1) PV of Employer Contributions:  122.9
                       (2) PV of Employee Contributions:  (10.6)
                       Total PV of Benefits (1) + (2):    112.3

        UNFUNDED  ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are the
        portion of the Present Value of  Benefits  allocated  to  past  service.
        Changes  in UAL were amortized over the expected remaining working life-
        time of those impacted using level dollar payments.
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                          POLICE
                       Increase (Decrease) in UAL:        61.6 M
                       Number of Payments:                16
                       Amortization Payment:              6.8 M
 
        CENSUS DATA: The estimates presented herein  are  based  on  preliminary
        census  data  collected  as  of  June  30, 2024. The census data for the
        impacted population is summarized below.
 
                                                          POLICE
                       Active Members
                       - Number Count:                    21,782
                       - Average Age:                     33.2
                       - Average Service:                 6.5
                       - Average Salary:                  116,200
 
        IMPACT ON MEMBER BENEFITS: Currently, Tier 3 POLICE members  who  retire
        with  at  least  20  years  of service are eligible to receive an annual
        benefit that is equal to 42% of Final Average Salary  (FAS),  increasing
        to a maximum benefit of 50% of FAS after 22 years of service.
          Under  the proposed legislation, Tier 3 POLICE members who retire with
        at least 20 years of service would be  eligible  to  receive  an  annual
        benefit that is equal to 50% of FAS.
        S. 3005--C                         72                         A. 3005--C
 
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems. In addition:
          o  Retirement rates were adjusted to reflect the earlier payability of
        the service retirement benefit associated with the proposed legislation.
          o New entrants were assumed to replace exiting members so  that  total
        payroll increases by 3% each year for impacted groups. New entrant demo-
        graphics were developed based on data for recent new hires and actuarial
        judgement.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the impacted population, and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment  Benefits). This Fiscal Note does not reflect any chapter
        laws that may have been enacted during the current legislative session.
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are members of NYCERS, but do not believe it impairs our
        objectivity, and we meet the Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and
        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2025-02 dated January 17,
        2025  was prepared by the Chief Actuary for the New York City Retirement
        Systems and Pension Funds and is intended for use only during  the  2025
        Legislative Session.
 
     1                                   PART TT
 
     2    Section 1. The retirement and social security law is amended by adding
     3  a new section 89-y to read as follows:
     4    §  89-y. Twenty-five year retirement plan for firefighters employed by
     5  the division of military and naval affairs. a. A member who serves as an
     6  airport firefighter apprentice, airport  firefighter  I,  airport  fire-
     7  fighter  II, airport firefighter III, or training and safety officer and
     8  is employed by the division of  military  and  naval  affairs  shall  be
     9  eligible  to  retire  pursuant  to  the provisions of this section. Such
    10  eligibility shall be an alternative to the eligibility provisions avail-
    11  able under any other plan of  this  article  to  which  such  member  is
    12  subject.
    13    b.  Such  member  shall  be  entitled to retire upon the completion of
    14  twenty-five years of total creditable service by filing  an  application
    15  therefor in the manner provided for in section seventy of this article.
    16    c.  Upon  completion  of  twenty-five  years  of such service and upon
    17  retirement, each such member shall receive  a  pension  which,  together
    18  with an annuity which shall be the actuarial equivalent of their accumu-
    19  lated  contributions  at  the time of their retirement and an additional
    20  pension which  is  the  actuarial  equivalent  of  the  reserved-for-in-
    21  creased-take-home-pay to which they may then be entitled shall be suffi-
        S. 3005--C                         73                         A. 3005--C
 
     1  cient  to  provide them with a retirement allowance equal to one-half of
     2  their final average salary.
     3    d. As used in this section, "creditable service" shall include any and
     4  all  services performed as a firefighter apprentice, airport firefighter
     5  I, airport firefighter II, airport  firefighter  III,  or  training  and
     6  safety officer employed by the division of military and naval affairs.
     7    e.  Credit  for service as a paid firefighter or officer of any organ-
     8  ized fire department shall also be deemed to be creditable  service  and
     9  shall  be  included  in  computing years of total service for retirement
    10  pursuant to this section.
    11    f. A member contributing on the basis of this section at the  time  of
    12  retirement,  may  retire  after  the  completion of twenty-five years of
    13  total creditable service. Application therefor may be filed in a  manner
    14  similar  to  that  provided  in  section  seventy  of this article. Upon
    15  completion of twenty-five years of such  service  and  upon  retirement,
    16  each such member shall receive a pension which, together with an annuity
    17  which  shall  be  the actuarial equivalent of their accumulated contrib-
    18  utions at the time of their retirement and an additional  pension  which
    19  is  the actuarial equivalent of the reserved-for-increased-take-home-pay
    20  to which they may then be entitled shall be sufficient to  provide  them
    21  with  a  retirement  allowance  equal to one-half of their final average
    22  salary; for service beyond twenty-five  years  and  for  non-firefighter
    23  service the benefit is increased by one-sixtieth of final average salary
    24  for each year of additional service credit.
    25    g.  In  computing  the  twenty-five years of total service of a member
    26  pursuant to this section full credit shall be given and  full  allowance
    27  shall  be made for service of such member in time of war after World War
    28  I as defined in section two of this article, provided such member at the
    29  time of their entrance into the armed forces was in the service  of  the
    30  state.
    31    h. Nothing in this section shall be construed to prevent a member, who
    32  does not retire pursuant to the provisions of this section, from utiliz-
    33  ing  service  which  is creditable service pursuant to the provisions of
    34  this section for service credit pursuant to the provisions of any  other
    35  plan of this article to which such member is subject.
    36    i. The provisions of this section shall be controlling notwithstanding
    37  any other provision in this article to the contrary.
    38    j. Any member who, on or before the effective date of this section, is
    39  a firefighter apprentice, airport firefighter I, airport firefighter II,
    40  airport  firefighter III, or training and safety officer employed by the
    41  division of military and naval affairs may, by filing an election within
    42  one year after the effective date of this section, elect to  be  subject
    43  to  the  provisions  of this section. Such election shall be in writing,
    44  shall be duly executed and filed with the comptroller and shall be irre-
    45  vocable.
    46    § 2. Subdivision a of section 445 of the retirement and social securi-
    47  ty law, as amended by chapter 714 of the laws of  2023,  is  amended  to
    48  read as follows:
    49    a.  No  member of a retirement system who is subject to the provisions
    50  of this article shall retire without regard to age, exclusive of retire-
    51  ment for disability, unless [he or she is] they are a police officer, an
    52  investigator member of the New York city employees'  retirement  system,
    53  firefighter,  correction  officer,  a  qualifying  member  as defined in
    54  section eighty-nine-t, as added by chapter six  hundred  fifty-seven  of
    55  the  laws  of nineteen hundred ninety-eight, of this chapter, sanitation
    56  worker, a special officer (including persons employed by the city of New
        S. 3005--C                         74                         A. 3005--C
 
     1  York in the title urban park ranger or  associate  urban  park  ranger),
     2  school  safety  agent,  campus  peace  officer  or  a taxi and limousine
     3  commission inspector member of the New York city  employees'  retirement
     4  system  or  the  New  York  city board of education retirement system, a
     5  dispatcher member of the New York city employees' retirement  system,  a
     6  police  communications member of the New York city employees' retirement
     7  system, an EMT member of the New York city employees' retirement system,
     8  a deputy sheriff member of  the  New  York  city  employees'  retirement
     9  system,  a  correction  officer  of  the  Westchester  county correction
    10  department as defined  in  section  eighty-nine-e  of  this  chapter  or
    11  employed  in  Suffolk  county  as a peace officer, as defined in section
    12  eighty-nine-s, as added by chapter five hundred eighty-eight of the laws
    13  of nineteen hundred ninety-seven, of this chapter, employed  in  Suffolk
    14  county  as  a correction officer, as defined in section eighty-nine-f of
    15  this chapter, or employed in Nassau  county  as  a  correction  officer,
    16  uniformed correction division personnel, sheriff, undersheriff or deputy
    17  sheriff,  as  defined  in  section  eighty-nine-g  of  this  chapter, or
    18  employed in Nassau county as an ambulance medical technician,  an  ambu-
    19  lance  medical  technician/supervisor or a member who performs ambulance
    20  medical technician related services, or a  police  medic,  police  medic
    21  supervisor  or  a  member who performs police medic related services, as
    22  defined in section eighty-nine-s, as amended  by  chapter  five  hundred
    23  seventy-eight  of  the  laws  of  nineteen hundred ninety-eight, of this
    24  chapter, or employed in Nassau county as a peace officer, as defined  in
    25  section  eighty-nine-s,  as added by chapter five hundred ninety-five of
    26  the laws of nineteen hundred ninety-seven, of this chapter, or  employed
    27  in  Albany county as a sheriff, undersheriff, deputy sheriff, correction
    28  officer or identification officer, as defined in  section  eighty-nine-h
    29  of  this  chapter  or  is  employed in St. Lawrence county as a sheriff,
    30  undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
    31  section  eighty-nine-i  of this chapter or is employed in Orleans county
    32  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
    33  defined  in  section  eighty-nine-l  of  this  chapter or is employed in
    34  Jefferson  county  as  a  sheriff,  undersheriff,  deputy   sheriff   or
    35  correction  officer, as defined in section eighty-nine-j of this chapter
    36  or is employed in Onondaga county  as  a  deputy  sheriff-jail  division
    37  competitively  appointed  or  as  a  correction  officer,  as defined in
    38  section eighty-nine-k of this chapter or is employed in a  county  which
    39  makes  an  election under subdivision j of section eighty-nine-p of this
    40  chapter as a sheriff, undersheriff, deputy sheriff or correction officer
    41  as defined in such section eighty-nine-p or is employed in Broome County
    42  as a sheriff, undersheriff, deputy sheriff  or  correction  officer,  as
    43  defined  in  section eighty-nine-m of this chapter or is a Monroe county
    44  deputy sheriff-court security, or deputy sheriff-jailor  as  defined  in
    45  section  eighty-nine-n, as added by chapter five hundred ninety-seven of
    46  the laws of nineteen hundred ninety-one, of this chapter or is  employed
    47  in   Greene  county  as  a  sheriff,  undersheriff,  deputy  sheriff  or
    48  correction officer, as defined in section eighty-nine-o of this  chapter
    49  or  is  a  traffic officer with the town of Elmira as defined in section
    50  eighty-nine-q of this chapter or is employed by Suffolk county as a park
    51  police officer, as defined in section eighty-nine-r of this  chapter  or
    52  is  a peace officer employed by a county probation department as defined
    53  in section eighty-nine-t, as added by chapter six hundred three  of  the
    54  laws of nineteen hundred ninety-eight, of this chapter or is employed in
    55  Rockland  county as a deputy sheriff-civil as defined in section eighty-
    56  nine-v of this chapter as added by chapter four hundred forty-one of the
        S. 3005--C                         75                         A. 3005--C
 
     1  laws of two thousand one, or is employed in Rockland county as a superi-
     2  or correction officer as defined in section eighty-nine-v of this  chap-
     3  ter  as added by chapter five hundred fifty-six of the laws of two thou-
     4  sand one or is a paramedic employed by the police department in the town
     5  of  Tonawanda  and retires under the provisions of section eighty-nine-v
     6  of this chapter, as added by chapter four  hundred  seventy-two  of  the
     7  laws  of two thousand one, or is a county fire marshal, supervising fire
     8  marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
     9  marshal,  chief  fire marshal, division supervising fire marshal or fire
    10  marshal trainee employed by the county of Nassau as defined  in  section
    11  eighty-nine-w of this chapter or is employed in Monroe county as a depu-
    12  ty  sheriff-civil  as  defined in section eighty-nine-x of this chapter,
    13  employed as an emergency medical technician, critical  care  technician,
    14  advanced  emergency  medical technician, paramedic or supervisor of such
    15  titles in a participating Suffolk county fire  district  as  defined  in
    16  section  eighty-nine-ss of this chapter, or is a firefighter apprentice,
    17  airport firefighter I, airport firefighter II, airport firefighter  III,
    18  or  training and safety officer employed by the division of military and
    19  naval affairs as defined in section eighty-nine-y of this chapter and is
    20  in a plan which permits immediate retirement upon completion of a speci-
    21  fied period of service without regard to age.   Except  as  provided  in
    22  subdivision  c  of  section  four  hundred forty-five-a of this article,
    23  subdivision c of section four  hundred  forty-five-b  of  this  article,
    24  subdivision  c  of  section  four  hundred forty-five-c of this article,
    25  subdivision c of section four  hundred  forty-five-d  of  this  article,
    26  subdivision  c  of  section  four  hundred forty-five-e of this article,
    27  subdivision c of section four hundred forty-five-f of this  article  and
    28  subdivision  c  of  section four hundred forty-five-h of this article, a
    29  member in such a plan and such an occupation, other than a police  offi-
    30  cer  or  investigator  member of the New York city employees' retirement
    31  system or a firefighter, shall not be permitted to retire prior  to  the
    32  completion  of twenty-five years of credited service; provided, however,
    33  if such a member in such an  occupation  is  in  a  plan  which  permits
    34  retirement upon completion of twenty years of service regardless of age,
    35  [he  or she] they may retire upon completion of twenty years of credited
    36  service and prior to the completion of twenty-five years of service, but
    37  in such event the benefit provided from funds other than those based  on
    38  such  a  member's  own  contributions shall not exceed two per centum of
    39  final average salary per each year of credited service.
    40    § 3. Section 603 of the retirement and social security law is  amended
    41  by adding a new subdivision w to read as follows:
    42    w.  The  service  retirement  benefit specified in section six hundred
    43  four of this article shall be payable to members with twenty-five  years
    44  of  creditable  service,  without regard to age, who are employed by the
    45  division of military and naval  affairs  as  a  firefighter  apprentice,
    46  airport  firefighter I, airport firefighter II, airport firefighter III,
    47  or training and safety officer as defined in  section  eighty-nine-y  of
    48  this chapter if:  (i) such members have met the minimum service require-
    49  ments  upon  retirement; and (ii) in the case of a member subject to the
    50  provisions of article fourteen of this chapter,  such  member  files  an
    51  election  therefor  which  provides  that  they  will  be subject to the
    52  provisions of this article and to none of the provisions of such article
    53  fourteen. Such election, which shall be irrevocable, shall be  in  writ-
    54  ing,  duly  executed  and shall be filed with the comptroller within one
    55  year of the effective date of this subdivision or within one year  after
    56  entering  the employment with the division of military and naval affairs
        S. 3005--C                         76                         A. 3005--C
 
     1  upon which eligibility is based, whichever comes later. For the purposes
     2  of this subdivision, the term "creditable service" shall have the  mean-
     3  ing  as so defined in both sections eighty-nine-y and six hundred one of
     4  this chapter.
     5    §  4. Section 604 of the retirement and social security law is amended
     6  by adding a new subdivision w to read as follows:
     7    w. The early service retirement benefit for a member who  is  employed
     8  in  the  division of military and naval affairs as a firefighter appren-
     9  tice, airport firefighter I, airport firefighter II, airport firefighter
    10  III, or training and safety  officer  employed  as  defined  in  section
    11  eighty-nine-y  of  this chapter shall be a pension equal to one-fiftieth
    12  of  final  average  salary  times  years  of  credited  service  at  the
    13  completion  of twenty-five years of service as such division of military
    14  and naval affairs firefighter apprentice, airport firefighter I, airport
    15  firefighter II, airport firefighter III, or training and safety officer,
    16  but not exceeding one-half of their final average salary.
    17    § 5. This act shall take effect January 1, 2026.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would permit members of the New York State and Local Employ-
        ees' Retirement System employed by the Division of  Military  and  Naval
        Affairs  in certain airport firefighter titles to retire upon completion
        of twenty-five years of creditable service with a  benefit  of  one-half
        final  average salary. Affected members in Tiers 1 or 2 would be awarded
        additional sixtieths for all service, including non-firefighter service,
        in excess of twenty-five  years.  Additionally,  members  covered  under
        Article  14  would be permitted one year to make an irrevocable election
        to switch to the twenty-five-year plan.
          If this bill is enacted during the 2025 Legislative Session, we antic-
        ipate that there will be an increase of approximately  $280,000  in  the
        annual contributions of the State of New York for the fiscal year ending
        March  31,  2026. In future years this cost will vary but is expected to
        average 4.2% of salary annually.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $2.17 million which will
        be borne by the State of New York as a one-time payment.  This  estimate
        assumes that payment will be made on March 1, 2026.
          These estimated costs are based on 55 affected members employed by the
        Division  of  Military and Naval Affairs, with annual salary of approxi-
        mately $5.3 million as of March 31, 2024.
          Summary of relevant resources:
          Membership data as of March 31, 2024 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2024 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
        Report.  The actuarial assumptions and methods used are described in the
        2024  Annual Report to the Comptroller on Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.  The  Market Assets and GASB Disclosures are found in the March
        31, 2024 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 23,  2025,  and  intended  for  use  only
        during  the  2025  Legislative  Session,  is Fiscal Note No. 2025-12. As
        Chief Actuary of the New York State  and  Local  Retirement  System,  I,
        S. 3005--C                         77                         A. 3005--C
 
        Aaron  Schottin  Young,  hereby certify that this analysis complies with
        applicable Actuarial Standards of  Practice  as  well  as  the  Code  of
        Professional  Conduct  and Qualification Standards for Actuaries Issuing
        Statements of Actuarial Opinion of the American Academy of Actuaries, of
        which I am a member.
 
     1                                   PART UU
 
     2    Section  1.  Section  506 of the retirement and social security law is
     3  amended by adding a new subdivision c-2 to read as follows:
     4    c-2. Notwithstanding any inconsistent provision of subdivision a, b or
     5  c-1 of this section, the ordinary disability benefit for a New York city
     6  enhanced plan member in the New York city fire department shall  not  be
     7  conditioned  upon  eligibility  for,  or upon receipt of, primary social
     8  security disability benefits.
     9    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed  legislation  modifies  Ordinary   Disability
        Retirement  (ODR) eligibility for Tier 3 members of FIRE by removing the
        requirement of being eligible for  primary  Social  Security  disability
        benefits (SSDI).
 
                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
 
                                  Year    FIRE
 
                                  2026     0.4
                                  2027     0.4
                                  2028     0.5
                                  2029     0.5
                                  2030     0.6
                                  2031     0.6
                                  2032     0.7
                                  2033     0.7
                                  2034     0.8
                                  2035     0.9
                                  2036     0.9
                                  2037     1.0
                                  2038     1.0
                                  2039     1.1
                                  2040     1.2
                                  2041     1.3
                                  2042     1.3
                                  2043     1.4
                                  2044     1.4
                                  2045     1.5
                                  2046     1.6
                                  2047     1.7
                                  2048     1.7
                                  2049     1.8
                                  2050     1.9
 
          Projected contributions include future new hires that may be impacted.
        For  Fiscal  Year  2051  and beyond, the increase in normal cost for new
        S. 3005--C                         78                         A. 3005--C
 
        entrants will remain level as a percent of pay for  the  impacted  popu-
        lation (approximately 0.06%).
          The entire increase in employer contributions will be allocated to New
        York City.
          PRESENT  VALUE  OF  BENEFITS:  The  Present  Value  of Benefits is the
        discounted expected value of benefits paid to  current  members  if  all
        assumptions are met, including future service accrual and pay increases.
        Future new hires are not included in this present value.

                 INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                           as of June 30, 2024 ($ in Millions)
 
                       Present Value (PV)                 FIRE
 
                       (1) PV of Employer Contributions:  5.8
                       (2) PV of Employee Contributions:  0.0
                       Total PV of Benefits (1) + (2):    5.8
 
          UNFUNDED  ACCRUED  LIABILITY  (UAL): Actuarial Accrued Liabilities are
        the portion of the Present Value of Benefits allocated to past  service.
        Changes  in UAL were amortized over the expected remaining working life-
        time of those impacted using level dollar payments.
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                           FIRE
 
                       Increase (Decrease) in UAL:        0.5 M
                       Number of Payments:                17
                       Amortization Payment:              0.1 M
 
          CENSUS DATA: The estimates presented herein are based  on  preliminary
        census  data  collected  as  of  June  30, 2024. The census data for the
        impacted population is summarized below.
 
                                                             FIRE
 
                       Active Members
                       - Number Count:                      5,571
                       - Average Age:                        34.1
                       - Average Service:                     6.2
                       - Average Salary:                  118,600
 
          IMPACT ON ELIGIBILITY: Currently, active Tier  3  FIRE  enhanced  plan
        members  with  at least five years of credited service are only eligible
        for an ODR benefit if they are  approved  for  primary  Social  Security
        disability benefits (SSDI).
          Under the proposed legislation, Tier 3 FIRE enhanced plan members with
        at  least  five  years  of credited service would be eligible for an ODR
        benefit, irrespective of SSDI eligibility.
          The formula for calculating Enhanced Plan ODR  benefits  would  remain
        unchanged
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems. In addition:
        S. 3005--C                         79                         A. 3005--C
 
          *  New  entrants were assumed to replace exiting members so that total
        payroll increases by 3% each year for impacted groups. New entrant demo-
        graphics were developed based on data for recent new hires and actuarial
        judgement.
          *  For  purposes of this Fiscal Note, it has been assumed that 100% of
        members exiting for ODR under current ODR rates would be ineligible  for
        SSDI.
          *  It is assumed that the Medical Board will be responsible for deter-
        mining the eligibility for ODR benefits in place of  the  SSDI  require-
        ment.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the impacted population, and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment  Benefits). This Fiscal Note does not reflect any chapter
        laws that may have been enacted during the current legislative session.
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are members of NYCERS, but do not believe it impairs our
        objectivity, and we meet the Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and
        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2025-06 dated February 4,
        2025  was prepared by the Chief Actuary for the New York City Retirement
        Systems and Pension Funds and is intended for use only during  the  2025
        Legislative Session.
 
     1                                   PART VV
 
     2    Section  1.  Section  3  of  part HH of chapter 56 of the laws of 2022
     3  amending the retirement and social  security  law  relating  to  waiving
     4  approval and income limitations on retirees employed in school districts
     5  and  board  of cooperative educational services, as amended by section 1
     6  of part GG of chapter 55 of the laws of 2024,  is  amended  to  read  as
     7  follows:
     8    §  3.  This  act shall take effect immediately and shall expire and be
     9  deemed repealed June 30, [2025] 2027.
    10    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend Part HH of Chapter 56 of the laws of 2022,  most
        recently amended by Part GG of Chapter 55 of the laws of 2024, to extend
        the  waiver  of  the  earnings-after-retirement  limitation for two more
        years to June 30, 2027 for retired members who return  to  work  with  a
        school  district or a board of cooperative educational services (BOCES).
        The current expiration date is June 30, 2025  for  the  waiver  of  this
        limit.    This  act  shall  take  effect immediately and shall be deemed
        repealed on June 30, 2027.
        S. 3005--C                         80                         A. 3005--C
 
          This waiver of the earnings-after-retirement limit is expected to have
        an impact on the Retirement System's patterns of retirement, and  it  is
        expected that some members will retire earlier than they otherwise would
        have.  Earlier  retirement  generally increases plan costs since members
        will  be  receiving  their  benefits  for a longer period. If retirement
        patterns shift more than expected, there will be additional costs.
          The annual cost to the employers of members  of  the  New  York  State
        Teachers'  Retirement  System  for this benefit is estimated to be $27.0
        million or 0.13% of payroll if this bill is  enacted.  Additional  costs
        would be expected if this change is made permanent.
          Member data is from the System's most recent actuarial valuation files
        as of June 30, 2024, consisting of data provided by the employers to the
        Retirement System. The most recent data distributions and statistics can
        be  found  in  the System's Annual Report for fiscal year ended June 30,
        2024. System assets are as reported in the System's financial statements
        and can also be found in the System's Annual Report.  Actuarial  assump-
        tions  and  methods will be provided in the System's Actuarial Valuation
        Report as of June 30, 2024, except rates of retirement which  have  been
        modified to reflect anticipated utilization of this benefit.
          The source of this estimate is Fiscal Note 2025-14 dated March 7, 2025
        prepared  by  the  Office of the Actuary of the New York State Teachers'
        Retirement System and is intended for use only during the 2025  Legisla-
        tive Session. I, Richard A. Young, am the Chief Actuary for the New York
        State Teachers' Retirement System. I am a member of the American Academy
        of  Actuaries  and  I  meet  the Qualification Standards of the American
        Academy of Actuaries to render the actuarial opinion contained herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow retirees employed by a  New  York  State  school
        district  or by the board of cooperative educational services (BOCES) to
        collect a salary without suspension or diminution of their pension bene-
        fit through June 30, 2027.
          Insofar as this bill affects the New York State and  Local  Employees'
        Retirement  System  (NYSLERS), if this bill were enacted during the 2024
        Legislative Session, the direct cost incurred  would  be  the  retiree's
        pension  benefit  paid  while post-retirement earnings are above $35,000
        each calendar year. The pension benefit expected to be paid  by  NYSLERS
        during that 6-month period is estimated to be $22,000 per person.
          In addition to the direct cost quoted above, there would be additional
        costs  in  the  form  of lost employer contributions due to non-billable
        post-retirement earnings, which is estimated to be $5,500 per person.
          The number of members and retirees  who  could  be  affected  by  this
        legislation  cannot be readily determined. For each retiree hired pursu-
        ant to this proposal, an annual cost of $27,500 is  expected.  If  large
        numbers  of retirees are rehired into such positions, significant annual
        costs would result.
          Pursuant to Chapter 56 of the Laws of 2022 as amended by Chapter 55 of
        the Laws of 2023 and Chapter 55 of the Laws of 2024, the  provisions  of
        Section 25 of the Retirement and Social Security Law shall not apply.
          Summary of relevant resources:
          Membership  data as of March 31, 2024 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2024 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
        Report.  The actuarial assumptions and methods used are described in the
        2024 Annual Report to the Comptroller on Actuarial Assumptions, and  the
        Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
        S. 3005--C                         81                         A. 3005--C
 
        Control. The Market Assets and GASB Disclosures are found in  the  March
        31, 2024 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 March 12, 2025, and intended for use only during
        the 2025 Legislative Session, is Fiscal  Note  No.  2025-109.  As  Chief
        Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
        Schottin Young, hereby certify that this analysis complies with applica-
        ble Actuarial Standards of Practice as well as the Code of  Professional
        Conduct  and Qualification Standards for Actuaries Issuing Statements of
        Actuarial Opinion of the American Academy of Actuaries, of which I am  a
        member.
 
     1                                   PART WW
 
     2    Section 1. Article 182 of the criminal procedure law is REPEALED and a
     3  new article 182 is added to read as follows:
     4                                 ARTICLE 182
     5                        ELECTRONIC COURT APPEARANCES
     6  Section 182.10 Definition of terms.
     7          182.20 Electronic appearance rules.
     8          182.30 Regulation  of electronic appearances by the chief admin-
     9                   istrator.
    10  § 182.10 Definition of terms.
    11    "Electronic appearance" shall mean an appearance in which one or  more
    12  of  the participants in the proceeding are not physically present in the
    13  court part where the appearance is convened but rather appear  electron-
    14  ically at the proceeding through a computer or other digital medium in a
    15  manner that allows participants to see and hear each other.
    16  § 182.20 Electronic appearance rules.
    17    1. Notwithstanding any contrary provision of this chapter or any other
    18  law,  the  court,  in  its  discretion,  may  dispense with the physical
    19  appearance of any party, including that of the defendant or any witness,
    20  and proceed by means of an electronic appearance:
    21    (a) at a plea, sentence, or evidentiary hearing where  the  defendant,
    22  after  consultation  with  counsel  or  a legal advisor, if any, and the
    23  prosecutor consent on the record to conducting such proceeding by  elec-
    24  tronic appearance;
    25    (b)  at  an  arraignment  where the defendant, after consultation with
    26  counsel or a legal advisor, if any, and the prosecutor  consent  on  the
    27  record  to  conducting  such  arraignment  by electronic appearance, and
    28  where (i) the defendant is receiving treatment at a  hospital  or  other
    29  health  care facility at the time the arraignment is scheduled; (ii) the
    30  defendant is being arraigned on a desk appearance ticket, a  superseding
    31  information,  a  superseding indictment, or a superior court information
    32  when the defendant intends to enter any authorized guilty plea  to  such
    33  an  accusatory instrument during the same court proceeding; (iii) tempo-
    34  rary exigent circumstances exist, such  as  an  extreme  weather  event,
    35  which  makes  timely  transporting  of  the  defendant  to  court for an
    36  arraignment unreasonably hazardous, provided that the court shall make a
    37  record of why an electronic appearance under this subparagraph is neces-
    38  sary; or (iv) the defendant requests to be arraigned  by  an  electronic
    39  appearance, provided that whenever an electronic appearance is conducted
    40  at the defendant's request solely pursuant to this subparagraph the only
        S. 3005--C                         82                         A. 3005--C

     1  securing  order which may be imposed shall be a release on recognizance;
     2  and
     3    (c)  at  all  other  types  of  proceedings, including calendar calls,
     4  conferences, and arguments  but  not  including  trials  or  grand  jury
     5  presentments,  provided that, in the event any party objects to conduct-
     6  ing such proceeding by electronic appearance, the court shall allow  any
     7  such party to be heard on the record and consider whether for good cause
     8  shown  the  proceeding  should  not  be  conducted through an electronic
     9  appearance.
    10    2. Where consent to an electronic  appearance  is  given  pursuant  to
    11  paragraph (a) or (b) of subdivision one of this section and the proceed-
    12  ing  has  commenced but the electronic appearance is subsequently termi-
    13  nated and the proceeding is adjourned pursuant to  subdivision  four  or
    14  five of this section, such initial consent shall continue to govern that
    15  proceeding,  provided that such consent shall not modify the requirement
    16  that the court terminate an electronic appearance and adjourn a proceed-
    17  ing for the reasons outlined in such subdivisions four and five of  this
    18  section.
    19    3.  Any  proceeding  under  this  article shall provide an appropriate
    20  opportunity for any defense  attorney  to  confidentially  consult  with
    21  their  client  or  for a pro se defendant to confidentially consult with
    22  their legal advisor, if any, during the proceeding.
    23    4. Where, due to technological problems or limitations, a party to  an
    24  electronic appearance can hear and be heard but cannot see and/or cannot
    25  be seen, the court may conduct the proceeding notwithstanding such limi-
    26  tation,  unless a party objects, in which case the electronic appearance
    27  shall be terminated and adjourned. The authorization  provided  by  this
    28  subdivision to conduct an appearance where a party can hear and be heard
    29  but  cannot see and/or cannot be seen shall not apply to an arraignment,
    30  a plea, a sentence, the testimony of a witness or the  appearance  of  a
    31  defendant who is incarcerated at the time of the proceeding.
    32    5. If, for any reason other than the circumstances justifying a termi-
    33  nation  and  adjournment pursuant to subdivision four of this section, a
    34  party requests that an electronic appearance be terminated and adjourned
    35  after it has commenced, the court shall grant that application for  good
    36  cause  shown.  Under this subdivision, good cause shall include, but not
    37  be limited to, a determination that due to technological  problems:  (a)
    38  the  proceeding  cannot  be properly conducted; (b) an attorney does not
    39  have an adequate opportunity to confidentially consult with a client; or
    40  (c) a pro se defendant does not have an adequate opportunity  to  confi-
    41  dentially consult with a legal advisor.
    42    6.  Electronic  appearances shall be recorded by a stenographer to the
    43  same extent as would be required were the appearance conducted with such
    44  individuals physically present in court. No recording of  an  electronic
    45  appearance  shall  be made, viewed or inspected except as may be author-
    46  ized by the rules of the chief administrator of the courts  pursuant  to
    47  section 182.30 of this article.
    48    7.  Where  a defendant in a proceeding is under the age of eighteen an
    49  electronic appearance shall not be conducted.
    50    8. Nothing in this article shall be construed as  limiting  a  court's
    51  authority to excuse a defendant's appearance, either where they would be
    52  physically  present  or appearing by electronic means, during a proceed-
    53  ing.
    54    9. If a statute other than this article provides different  rules  for
    55  conducting  an electronic appearance for any particular kind of proceed-
    56  ing, such other statute shall govern such proceeding and the  provisions
        S. 3005--C                         83                         A. 3005--C
 
     1  of  this  article  shall  apply  only  to the extent this article is not
     2  inconsistent with such other statute.
     3  § 182.30 Regulation  of  electronic appearances by the chief administra-
     4             tor.
     5    The chief administrator of the courts shall adopt  rules  to  regulate
     6  the  conduct  of  electronic  appearances  pursuant to this article that
     7  shall, among other provisions, be designed to: (a)  provide  appropriate
     8  access  to  electronic  appearances by crime victims and their families,
     9  family members of defendants, the media and other members of the public;
    10  provided that such appropriate access shall be limited to the  means  of
    11  projecting  a  proceeding being conducted entirely by electronic appear-
    12  ances in a publicly accessible area of a courthouse or by projecting the
    13  electronic appearances of a proceeding comprised of both in-person phys-
    14  ical appearances and electronic appearances in the  courtroom  in  which
    15  the  proceeding  is  taking  place;  and  (b) ensure that any system for
    16  arraignments provides a full and fair  opportunity  for  any  defendant,
    17  without  prejudice,  to choose to have an arraignment conducted with the
    18  defendant physically present, rather than through an electronic  appear-
    19  ance.
    20    §  2.  Paragraph  (a) of subdivision 4 of section 832 of the executive
    21  law, as added by section 12 of part VVV of chapter 59  of  the  laws  of
    22  2017, is amended to read as follows:
    23    (a)  Counsel  at  arraignment. Develop and implement a written plan to
    24  ensure that each criminal defendant who is eligible for publicly  funded
    25  legal  representation  is  represented by counsel [in person] physically
    26  present or pursuant to the requirements of article one  hundred  eighty-
    27  two  of  the  criminal  procedure law at [his or her] their arraignment;
    28  provided, however, that a timely arraignment with counsel shall  not  be
    29  delayed pending a determination of a defendant's eligibility.
    30    §  3.  Paragraph  1  of subdivision (i) of section 10.08 of the mental
    31  hygiene law, as added by section 2 of part P of chapter 56 of  the  laws
    32  of 2012, is amended to read as follows:
    33    (1)  At  a  proceeding conducted pursuant to subdivision (g) or (h) of
    34  section 10.06 of this article, a psychiatric examiner called to  testify
    35  may  be  permitted,  upon  good  cause  shown,  to testify by electronic
    36  appearance in  the  court  [by  means  of  an  independent  audio-visual
    37  system],  as  that  phrase  is  defined  in [subdivision one of] section
    38  182.10 of the criminal procedure law. It shall constitute good cause  to
    39  permit  such  an  electronic  appearance  that  such proposed witness is
    40  currently employed by the state at a secure treatment facility or anoth-
    41  er work location unless there are compelling circumstances requiring the
    42  witness' personal presence at the court proceeding.
    43    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    44  have  become  a law and shall expire and be deemed repealed September 1,
    45  2028.
 
    46                                   PART XX
 
    47    Section 1. Section 14-114 of the administrative code of  the  city  of
    48  New York is amended by adding a new subdivision d to read as follows:
    49    d.  (1)  Notwithstanding  any provision of law to the contrary, when a
    50  detective, sergeant, or lieutenant shall have accrued twenty-five  years
    51  of  uniformed  service  with  the  New  York city police department, and
    52  retires after having served three years in any  such  rank,  they  shall
    53  have  five  per  centum of the highest grade of pay under the applicable
    54  collective bargaining agreement of such rank in which they retire, for a
        S. 3005--C                         84                         A. 3005--C
 
     1  period of time aggregating two years, added to  the  applicable  salary,
     2  used  for  the  purposes of computing pension benefits under the plan in
     3  which they are enrolled with the New York city police pension fund.    A
     4  member  who  receives  an  increase  to their pension benefit under this
     5  paragraph shall not receive an additional increase under section  14-111
     6  of this chapter; or
     7    (2)  Notwithstanding  any  provision  of  law  to the contrary, when a
     8  detective, sergeant, or lieutenant shall have accrued  thirty  years  of
     9  uniformed  service with the New York city police department, and retires
    10  after having served three years in any such rank, they  shall  have  ten
    11  per  centum  of the highest grade of pay under the applicable collective
    12  bargaining agreement of such rank in which they retire, for a period  of
    13  time aggregating two years, added to the applicable salary, used for the
    14  purposes  of computing pension benefits under the plan in which they are
    15  enrolled with the New York city police  pension  fund.    A  member  who
    16  receives an increase to their pension benefit under this paragraph shall
    17  not receive an additional increase under section 14-111 of this chapter;
    18  or
    19    (3)  Notwithstanding  any  provision  of  law  to the contrary, when a
    20  detective, sergeant, or lieutenant shall have accrued thirty-five  years
    21  of  uniformed  service  with  the  New  York city police department, and
    22  retires after having served three years in any  such  rank,  they  shall
    23  have fifteen per centum of the highest grade of pay under the applicable
    24  collective bargaining agreement of such rank in which they retire, for a
    25  period  of  time  aggregating two years, added to the applicable salary,
    26  used for the purposes of computing pension benefits under  the  plan  in
    27  which  they  are  enrolled with the New York city police pension fund. A
    28  member who receives an increase to  their  pension  benefit  under  this
    29  paragraph  shall not receive an additional increase under section 14-111
    30  of this chapter.
    31    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation, as it relates to the New York City
        Police Pension Fund (POLICE), would increase the salary used for  deter-
        mining  pension  benefits for Detectives, Sergeants, and Lieutenants who
        retire with at least 25 years of uniformed NYPD service and have  worked
        at least three years in any such title.
 
                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
 
                                  Year   POLICE
                                  2026   0.0
                                  2027   3.7
                                  2028   7.6
                                  2029   11.5
                                  2030   15.6
                                  2031   19.8
                                  2032   24.1
                                  2033   28.5
                                  2034   33.0
                                  2035   37.6
                                  2036   42.2
                                  2037   46.8
                                  2038   51.4
                                  2039   56.0
        S. 3005--C                         85                         A. 3005--C
 
                                  2040   60.7
                                  2041   61.7
                                  2042   62.7
                                  2043   63.8
                                  2044   64.8
                                  2045   65.8
                                  2046   66.9
                                  2047   68.1
                                  2048   69.3
                                  2049   70.6
                                  2050   72.0
          Projected  contributions are based on historical experience for Tier 2
        members. Future retirement patterns may differ due to a larger  impacted
        Tier  3  population  (e.g.,  Tier 2 is expected to retire at 20 years of
        service whereas Tier 3 is expected to retire at 25 years of service).
 
          The entire increase in employer contributions will be allocated to New
        York City.
          PRESENT VALUE OF BENEFITS: The Present Value of Benefits (PVFB) is the
        discounted expected value of benefits paid to  current  members  if  all
        assumptions are met, including future service accrual and pay increases.
          The enactment of this proposed legislation is expected to increase the
        PVFB  by  approximately  $31.5  million in the first year and every year
        thereafter, adjusted for inflation, group demographics, and  the  actual
        experience  of  benefiting  retirees.  Each year's PVFB increase will be
        recognized in the year benefits are first payable.
          UNFUNDED ACCRUED LIABILITY (UAL): Actuarial  Accrued  Liabilities  are
        the  portion of the Present Value of Benefits allocated to past service.
        For purposes of this Fiscal Note, changes in UAL were  amortized  as  an
        ongoing gain/loss using level dollar payments.
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                          POLICE
                       Increase (Decrease) in UAL:        31.5 M
                       Number of Payments:                14
                       First-year Amortization Payment:   3.7 M
 
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30, 2024. The census  data  for  POLICE
        active members is summarized below.
                                                          POLICE
                       Active Members
                       - Number Count:                    33,803
                       - Average Age:                     37.5
                       - Average Service:                 11.1
                       - Average Salary:                  134,900
 
          The  salaries  (before overtime adjustment) used in this analysis were
        provided by the Police Pension Fund and are summarized below.
          * Detectives would use a highest grade of pay of $172,068
          * Sergeants would use a highest grade of pay of $170,458 based on  the
        salary provided and adjusted to reflect outstanding wage contracts
          * Lieutenants would use a highest grade of pay of $185,921
          Salaries were further adjusted for assumed overtime upon retirement.
        S. 3005--C                         86                         A. 3005--C
 
          Data  from  the  prior  ten  years of actuarial valuations was used to
        estimate the number of retirees who could potentially benefit from  this
        proposed legislation each year and is summarized below.
 
        Average Number                Detectives     Sergeants      Lieutenants
        Retired per Year
        At least 25 but less              129            73             51
        than 30 years of service
        At least 30 but less               38            23             20
        than 35 years of service
        At least 35 years of service       12             7              7
 
          IMPACT ON MEMBER BENEFITS: The proposed legislation would increase the
        final two years of applicable salary used for computing pension benefits
        for  members  who retire as a detective, sergeant, or lieutenant with at
        least 25 years of uniformed NYPD service and have worked at least  three
        years in any such title.
          The increase in applicable salaries would be equal to:
          *  5%  for  members with at least 25 years of service, 10% for members
        with at least 30 years of service, or 15% for members with at  least  35
        years of service, multiplied by
          *  The highest grade of pay under the applicable collective bargaining
        agreement of the rank in which the member retires.
          For example, a Tier 2 Detective who retires with 32 years of uniformed
        NYPD service would receive  an  increase  in  their  annual  pension  of
        approximately $9,941 (based on adding 10% of the highest-grade detective
        pay  with assumed overtime of $186,570 to their applicable salary). This
        additional benefit would then be subject to applicable Cost-of-Living or
        Escalation increases.
          Based on an estimate of the number of POLICE members who are  expected
        to  be  impacted  by  this  proposed legislation, the annual increase in
        POLICE pension benefits paid will be approximately $2.5 million  in  the
        first year and increase in every year thereafter.
          With  respect  to  an individual member, the impact on benefits due to
        this proposed legislation could vary greatly depending on  the  member's
        age, years of service, retirement cause, and Tier.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems. In addition:
          *  New  entrants were assumed to replace exiting members so that total
        payroll increases by 3% each year for impacted groups. New entrant demo-
        graphics were developed based on data for recent new hires and actuarial
        judgement.
          * Future contribution impacts have been developed assuming a homogene-
        ous population and consistent retirement pattern.
          * Costs for Tier  3  members  have  been  developed  by  applying  the
        increased  salary directly to Final Average Salary (i.e., without limit-
        ing salaries in the average based on prior years).
          * All members in an affected title are  assumed  to  delay  retirement
        until  they satisfy the three-year requirement specified in the proposed
        legislation.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-
        graphics of the impacted population, and other factors such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        S. 3005--C                         87                         A. 3005--C

        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment  Benefits). This Fiscal Note does not reflect any chapter
        laws that may have been enacted during the current legislative session.
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are members of NYCERS, but do not believe it impairs our
        objectivity, and we meet the Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and
        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2025-49 dated May 1, 2025
        was  prepared  by  the  Chief  Actuary  for the New York City Retirement
        Systems and Pension Funds and is intended for use only during  the  2025
        Legislative Session.
 
     1                                   PART YY
 
     2    Section  1.    The  retirement  and  social security law is amended by
     3  adding two new sections 383-e and 383-f to read as follows:
     4    § 383-e.  Retirement of officers of state law enforcement; twenty year
     5  retirement plan. a. Membership.  Every  non-seasonally  appointed  sworn
     6  member  or  officer of the division of law enforcement in the department
     7  of environmental conservation, a forest ranger in  the  service  of  the
     8  department  of environmental conservation, which shall mean a person who
     9  serves on a full-time basis in the title  of  forest  ranger  I,  forest
    10  ranger  II,  forest  ranger III, assistant superintendent of forest fire
    11  control, superintendent of forest fire control or any  successor  titles
    12  or  new  titles  in  the forest ranger title series in the department of
    13  environmental conservation, a police officer in the department of  envi-
    14  ronmental  conservation,  the regional state park police, and university
    15  police officers whose date of membership is on or after July first,  two
    16  thousand twenty-five shall be covered by the provisions of this section.
    17  Every member described in this subdivision in such service whose date of
    18  membership  is  on  or after January ninth, two thousand ten, but before
    19  July first, two thousand twenty-five may irrevocably elect to be covered
    20  by the provisions of this section by filing an  election  therefor  with
    21  the  comptroller.    The deadline to make such election for every member
    22  described in this subdivision in such service shall be within  one  year
    23  of  the  effective date of this section or within one year of employment
    24  in an eligible title,  whichever  is  later.    To  be  effective,  such
    25  election  must  be  duly executed and acknowledged on a form prepared by
    26  the comptroller for that purpose.
    27    b. Retirement allowance. A member, covered by the provisions  of  this
    28  section  at  the  time  of  retirement, shall be entitled to retire upon
    29  completion of twenty years of total creditable service in  such  titles,
    30  and  shall  retire  upon  the attainment of the mandatory retirement age
    31  prescribed by this section, by  filing  an  application  therefor  in  a
    32  manner similar to that provided in section three hundred seventy of this
    33  article.
    34    1.  Upon  completion  of twenty years of such service and upon retire-
    35  ment, each such member shall receive a pension which, together  with  an
        S. 3005--C                         88                         A. 3005--C
 
     1  annuity  for such years of service as provided in paragraph four of this
     2  subdivision, shall be sufficient to provide such member with  a  retire-
     3  ment allowance of one-half of such member's final average salary.
     4    2.  Upon completion of more than twenty years of such service and upon
     5  retirement, each such member shall receive, for each year of service  in
     6  excess  of twenty, an additional pension which, together with an annuity
     7  for each such year as provided in paragraph four  of  this  subdivision,
     8  shall  be  equal to one-hundredth of such member's final average salary,
     9  provided, however, that the pension payable  pursuant  to  this  section
    10  shall not exceed sixty-five per centum of final average salary.
    11    3.  Upon attainment of the mandatory retirement age without completion
    12  of twenty years of such  service,  each  such  member  shall  receive  a
    13  pension  which,  together  with  an annuity for such years of service as
    14  provided in paragraph four of this subdivision, shall be equal  to  one-
    15  fortieth of such member's final average salary for each year of credita-
    16  ble  service in such titles. Every such member shall also be entitled to
    17  an additional pension equal to the pension for  any  creditable  service
    18  rendered  while  not  an employee in such titles as provided under para-
    19  graphs three and four of subdivision a of section three  hundred  seven-
    20  ty-five  of  this  article.  This  latter pension shall not increase the
    21  total allowance to more than one-half of  such  member's  final  average
    22  salary.
    23    4.  The  annuity  provided under paragraphs one, two and three of this
    24  subdivision shall be the actuarial equivalent, at the  time  of  retire-
    25  ment,  of  the member's accumulated contributions based upon the rate of
    26  contribution fixed under section  three  hundred  eighty-three  of  this
    27  title  and  upon the salaries earned while in such service. Such annuity
    28  shall be computed as it would be if it were not reduced by the actuarial
    29  equivalent of any  outstanding  loan  nor  by  reason  of  the  member's
    30  election  to  decrease  such member's contributions toward retirement in
    31  order to apply the resulting amount toward payment of contributions  for
    32  old  age  and  survivor's  insurance.  Any  accumulated contributions in
    33  excess of the amount required to provide the annuity  computed  pursuant
    34  to  this  paragraph  shall  be  used to increase the member's retirement
    35  allowance.
    36    c. Credit for previous service. In computing the years of total  cred-
    37  itable  service  for  each member described herein, full credit shall be
    38  given and full allowance shall be made for service rendered as a  police
    39  officer or state university peace officer or member of a police force or
    40  department  of  a  state  park  authority  or commission or an organized
    41  police force or department of a  county,  city,  town,  village,  police
    42  district,  authority  or  other  participating employer or member of the
    43  capital police force in the office of general services while a member of
    44  the New York state and local police and fire retirement system,  of  the
    45  New York state and local employees' retirement system or of the New York
    46  city  police  pension fund and for all service for which full credit has
    47  been given and full allowance made pursuant to the provisions of section
    48  three hundred seventy-five-h of this  article  provided,  however,  that
    49  full  credit  pursuant to the provisions of such section shall mean only
    50  such service as would be creditable service pursuant to  the  provisions
    51  of  section  three  hundred  eighty-three, three hundred eighty-three-a,
    52  three hundred eighty-three-b, as added by chapter six  hundred  seventy-
    53  four  of  the laws of nineteen hundred eighty-six, three hundred eighty-
    54  three-b, as added by chapter six hundred seventy-seven of  the  laws  of
    55  nineteen  hundred  eighty-six,  three  hundred  eighty-three-c  or three
    56  hundred eighty-three-d of this title or pursuant to  the  provisions  of
        S. 3005--C                         89                         A. 3005--C
 
     1  title  thirteen  of  the administrative code of the city of New York for
     2  any member contributing pursuant to this section who transferred to  the
     3  jurisdiction  of  the department of environmental conservation including
     4  but  not  limited  to  environmental  conservation  officers  and forest
     5  rangers, regional state park police or  state  university  of  New  York
     6  peace officers.
     7    d.  Retirement  for cause. Upon receipt of a certificate from the head
     8  of the entity where such member is employed or such member's designee, a
     9  member as described in subdivision a of this section,  who  has  accrued
    10  twenty-five  or more years of service credit under this section shall be
    11  retired on the first day of the second month next  succeeding  the  date
    12  such certificate was filed with the comptroller.
    13    e.  Credit for military service. In computing the years of total cred-
    14  itable service full credit shall be given and full  allowance  shall  be
    15  made  for  service of such member in war after world war I as defined in
    16  section three hundred two of this article, provided such member  at  the
    17  time  of  such  member's  entrance  into  the armed forces was in police
    18  service as defined in subdivision eleven of section three hundred two of
    19  this article.
    20    f. Transfer of membership to employees' retirement system. Any  member
    21  currently  enrolled  pursuant  to this section and who previously trans-
    22  ferred service credit from the  New  York  state  and  local  employees'
    23  retirement  system  to  the  New  York  state  and local police and fire
    24  retirement system, may elect to  transfer  such  previously  transferred
    25  service  credit  back to the New York state and local employees' retire-
    26  ment system, and such member shall  have  the  option  to  retroactively
    27  transfer  such  member's  membership  into  such  employees'  retirement
    28  system.
    29    g. Employee contributions.  Notwithstanding  any  provisions  of  this
    30  chapter  to the contrary, any member currently enrolled pursuant to this
    31  section shall be required to make employee contributions  equal  to  the
    32  amounts  identified  in  this  section.  No other employee contributions
    33  shall be required. Upon the date of enrollment in the plan  provided  by
    34  this section, the rate at which each such member shall make basic member
    35  contributions in any plan year (April first to March thirty-first) shall
    36  be  determined  by  reference  to the wages of such member in the second
    37  plan year (April first to March  thirty-first)  preceding  such  current
    38  plan year as follows:
    39    1. members with wages of forty-five thousand dollars per annum or less
    40  shall contribute four and one-half per centum of annual wages;
    41    2.  members with wages greater than forty-five thousand per annum, but
    42  not more than fifty-five thousand per annum shall  contribute  five  per
    43  centum of annual wages;
    44    3.  members with wages greater than fifty-five thousand per annum, but
    45  not more than seventy-five thousand per annum shall contribute  six  per
    46  centum of annual wages;
    47    4. members with wages greater than seventy-five thousand per annum but
    48  not  more than one hundred thousand per annum shall contribute seven and
    49  one-quarter per centum of annual wages; and
    50    5. members with wages greater than  one  hundred  thousand  per  annum
    51  shall contribute seven and one-half per centum of annual wages.
    52    Notwithstanding   the   foregoing, during each of the first three plan
    53  years (April first to March  thirty-first)  in  which  such  member  has
    54  established  membership  in the New York state and local police and fire
    55  retirement system, such member shall contribute a percentage  of  annual
    56  wages  in accordance with the preceding schedule based upon a projection
        S. 3005--C                         90                         A. 3005--C
 
     1  of annual wages provided by the employer. Notwithstanding the foregoing,
     2  when determining the rate at which members enrolled in the plan provided
     3  by this section shall contribute for any plan year (April first to March
     4  thirty-first)  between  April  first,  two thousand twenty-two and April
     5  first, two thousand twenty-six, such rate shall be determined by  refer-
     6  ence  to  employees  annual base wages of such member in the second plan
     7  year (April first to March thirty-first)  preceding  such  current  plan
     8  year.  Base  wages  shall  include  regular pay, shift differential pay,
     9  location pay, and any increased hiring rate pay, but shall  not  include
    10  any overtime payments.
    11    h.  The provisions of this section shall be controlling, notwithstand-
    12  ing any provision of this article to the contrary.
    13    § 383-f. Retirement of officers of state law enforcement;  alternative
    14  twenty-five  year  retirement  plan. a. Membership. Every non-seasonally
    15  appointed sworn member or officer of the division of law enforcement  in
    16  the  department  of  environmental  conservation, a forest ranger in the
    17  service of the department of  environmental  conservation,  which  shall
    18  mean  a  person  who  serves on a full-time basis in the title of forest
    19  ranger I, forest ranger II, forest ranger III, assistant  superintendent
    20  of  forest  fire  control,  or any successor titles or new titles in the
    21  forest ranger title series in the department of environmental  conserva-
    22  tion,  a police officer in the department of environmental conservation,
    23  the regional state park police, and  university  police  officers  whose
    24  date of membership is prior to January ninth, two thousand ten may irre-
    25  vocably  elect to be covered by the provisions of this section by filing
    26  an election therefor with the comptroller. The  deadline  to  make  such
    27  election  for every member described in this subdivision in such service
    28  shall be within one year of the effective date of this section or within
    29  one year of employment in an eligible title, whichever is later.    Upon
    30  completion  of  twenty-five  years  of such service and upon retirement,
    31  each such member shall receive a pension which, together with an  annui-
    32  ty,  if  any,  which  shall be the actuarial equivalent of such member's
    33  accumulated contributions at the time of their retirement and  an  addi-
    34  tional  pension which is the actuarial equivalent of the reserve-for-in-
    35  creased-take-home-pay to which such member may then be entitled, if any,
    36  shall be sufficient to provide such member with a  retirement  allowance
    37  equal to fifty-five percent of their final average salary.  To be effec-
    38  tive,  such  election  must  be duly executed and acknowledged on a form
    39  prepared by the comptroller for such purpose.
    40    b. Retirement allowance. 1. A member, covered  by  the  provisions  of
    41  this section at the time of retirement, shall be entitled to retire upon
    42  completion  of  twenty-five  years  of  total creditable service in such
    43  titles by filing an application therefor in a  manner  similar  to  that
    44  provided in section three hundred seventy of this article.
    45    2.  Upon completion of more than twenty-five years of such service and
    46  upon  retirement,  each  such  member  shall  receive,  for each year of
    47  service in excess of twenty-five, an additional pension which,  together
    48  with  an  annuity  for  each such year as provided in paragraph three of
    49  this subdivision, shall be equal to one-hundredth of their final average
    50  salary, provided, however, that the pension  payable  pursuant  to  this
    51  section  shall  not  exceed sixty-five per centum of such member's final
    52  average salary.
    53    3. The annuity provided under paragraph two of this subdivision  shall
    54  be  the actuarial equivalent, at the time of retirement, of the member's
    55  accumulated contributions based upon the  rate  of  contributions  fixed
    56  under  section  three  hundred  eighty-three  of this title and upon the
        S. 3005--C                         91                         A. 3005--C
 
     1  salaries earned while in such service. Such annuity shall be computed as
     2  it would be if it were not reduced by the actuarial  equivalent  of  any
     3  outstanding loan nor by reason of the member's election to decrease such
     4  member's contributions for old age and survivor's insurance. Any accumu-
     5  lated  contributions  in  excess  of  the amount required to provide the
     6  annuity computed pursuant to this paragraph shall be  used  to  increase
     7  the member's retirement allowance.
     8    c.  Credit for previous service. In computing the years of total cred-
     9  itable service for each member described herein, full  credit  shall  be
    10  given  and full allowance shall be made for service rendered as a police
    11  officer or state university peace officer or member of a police force or
    12  department of a state park  authority  or  commission  or  an  organized
    13  police  force  or  department  of  a county, city, town, village, police
    14  district, authority or other participating employer  or  member  of  the
    15  capital police force in the office of general services while a member of
    16  the  New  York state and local police and fire retirement system, of the
    17  New York state and local employees' retirement system or of the New York
    18  city police pension fund and for all service for which full  credit  has
    19  been given and full allowance made pursuant to the provisions of section
    20  three  hundred  seventy-five-h  of  this article provided, however, that
    21  full credit pursuant to the provisions of such section shall  mean  only
    22  such  service  as would be creditable service pursuant to the provisions
    23  of section three hundred  eighty-three,  three  hundred  eighty-three-a,
    24  three  hundred  eighty-three-b, as added by chapter six hundred seventy-
    25  four of the laws of nineteen hundred eighty-six, three  hundred  eighty-
    26  three-b,  as  added  by chapter six hundred seventy-seven of the laws of
    27  nineteen hundred  eighty-six,  three  hundred  eighty-three-c  or  three
    28  hundred  eighty-three-d  of  this title or pursuant to the provisions of
    29  title thirteen of the administrative code of the city of  New  York  for
    30  any  member contributing pursuant to this section who transferred to the
    31  jurisdiction of the department of environmental  conservation  including
    32  but  not  limited  to  environmental  conservation  officers  and forest
    33  rangers, regional state park police or  state  university  of  New  York
    34  peace officers.
    35    d.  Employee  contributions.  Notwithstanding  any  provisions of this
    36  chapter to the contrary, any member currently enrolled pursuant to  this
    37  section  shall  be  required to make employee contributions equal to one
    38  and one-half per centum of annual wages.
    39    e. The provisions of this section shall be controlling,  notwithstand-
    40  ing any provision of this article to the contrary.
    41    §  2.  Subdivision a and paragraph 3 of subdivision b of section 363-e
    42  of the retirement and social security law, as added by  chapter  208  of
    43  the laws of 1997, are amended to read as follows:
    44    a. Every non-seasonally appointed sworn member or officer of the divi-
    45  sion  of law enforcement in the department of environmental conservation
    46  and the regional state park police who becomes  physically  or  mentally
    47  incapacitated  for  the  performance  of  duty  shall  be covered by the
    48  provisions of this section in lieu of the provisions  of  section  three
    49  hundred  sixty-two  [or  three  hundred  sixty-three]  of  this article;
    50  except, however, any such member or officer who last  entered  or  reen-
    51  tered  service  in the department of environmental conservation or state
    52  park police, as the case may be,  prior  to  September  first,  nineteen
    53  hundred  ninety-seven, shall be entitled to apply for disability retire-
    54  ment pursuant to such sections and to receive the benefit so payable  in
    55  lieu of the benefit payable pursuant to this section.
        S. 3005--C                         92                         A. 3005--C
 
     1    3. Actually in service upon which [his/her] their membership is based,
     2  or,  have been discontinued from service, either voluntarily or involun-
     3  tarily for not more than ninety days provided the  member  was  disabled
     4  prior  to  such discontinuance, or is a vested member incapacitated as a
     5  result  of  a  qualifying  World  Trade  Center  condition as defined in
     6  section two of this chapter.   However, in a  case  where  a  member  is
     7  discontinued  from  service, either voluntarily or involuntarily, subse-
     8  quent to sustaining a disability in such  service,  application  may  be
     9  made  not  later  than  two  years after the member is discontinued from
    10  service and provided that the member  meets  the  requirements  of  this
    11  subdivision and subdivision a of this section.
    12    § 3. This act shall take effect July 1, 2025.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  create  §  383-e  and § 383-f in the Retirement and
        Social  Security  Law  (RSSL)  providing  new  member-electable  service
        retirement benefits to law enforcement officers employed by the State of
        New York, currently covered by the provisions of
          + RSSL § 383-a: regional state park police;
          + RSSL § 383-b: department of environmental conservation (DEC) police;
          + RSSL § 383-c: DEC forest rangers;
          + RSSL § 383-d: State University of New York police.
          Currently,  these  members  of the New York State and Local Police and
        Fire Retirement System (NYSLPFRS) are  covered  by  a  25-year  half-pay
        service retirement plan with up to 7 years of additional 60ths.
          RSSL  §  383-e is electable by officers whose date of membership is on
        or after January 9, 2010 (commonly called Tier 5 or Tier 6 members)  and
        provides  a 20-year half-pay service retirement plan with up to 15 years
        of additional 100ths.
          RSSL § 383-f is electable by officers  whose  date  of  membership  is
        before  January  9,  2010  (commonly  called  Tier  1, Tier 2, or Tier 3
        members).  Members would be eligible to retire upon  attaining  25-years
        of service credit. However, the benefit accruals would be equal to those
        under  a 20-year half-pay service retirement plan with up to 15 years of
        additional 100ths.
          Disability benefits for current members of RSSL § 383-a  and  §  383-b
        are revised to match the disability benefits for members of RSSL § 383-c
        and  §  383-d. This provides certain World Trade Center benefits, and an
        accidental disability benefit equal to 75% of final average salary (FAS)
        reduced by any workers' compensation payments.
          If this bill is enacted during the 2025 Legislative Session, we antic-
        ipate that there will be an increase of approximately  $1.1  million  in
        the  annual  contributions  of the State of New York for the fiscal year
        ending March 31, 2026. While billing rates  could  immediately  increase
        approximately  0.6%  of salary, annual costs will vary over time and are
        expected to average 0.8% of salary in the long term.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $38.5 million which will
        be borne by the State of New York as a one-time payment.  This  estimate
        assumes that payment will be made on March 1, 2026.
          These  estimated costs are based on 1,200 affected members employed by
        the State of New  York,  with  annual  salary  of  approximately  $123.8
        million as of March 31, 2024.
          Summary of relevant resources:
          Membership  data as of March 31, 2024 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2024 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        S. 3005--C                         93                         A. 3005--C

        2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
        Report.  The actuarial assumptions and methods used are described in the
        2024 Annual Report to the Comptroller on Actuarial Assumptions, and  the
        Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
        Control. The Market Assets and GASB Disclosures are found in  the  March
        31, 2024 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 April 30, 2025, and intended for use only during
        the 2025 Legislative Session, is Fiscal  Note  No.  2025-168.  As  Chief
        Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
        Schottin Young, hereby certify that this analysis complies with applica-
        ble Actuarial Standards of Practice as well as the Code of  Professional
        Conduct  and Qualification Standards for Actuaries Issuing Statements of
        Actuarial Opinion of the American Academy of Actuaries, of which I am  a
        member.
 
     1                                   PART ZZ
 
     2    Section  1.  Subdivision  4  of  section  7  of the correction law, as
     3  amended by section 5 of subpart A of part C of chapter 62 of the laws of
     4  2011, is amended to read as follows:
     5    4. (a) The commissioner shall not appoint any person as  a  correction
     6  officer  or  parole officer, unless such person has attained [his] their
     7  twenty-first birthday, except as  provided  in  paragraph  (b)  of  this
     8  subdivision.
     9    (b)(i)  The  commissioner may appoint a person as a correction officer
    10  after such person has attained their eighteenth birthday but before such
    11  person has attained their twenty-first birthday if such person has taken
    12  the civil service examination to  become  a  correction  officer  on  or
    13  before the sixtieth day following the day the commissioner first reports
    14  a  staffing  capacity of ninety percent or more after the effective date
    15  of this paragraph. This subparagraph shall not be construed  to  prevent
    16  any person appointed pursuant to this paragraph from continuing to serve
    17  as  a correction officer after such date, subject to the restrictions in
    18  subparagraph (ii) of this paragraph.
    19    (ii) A person serving as a correction officer prior to  their  twenty-
    20  first birthday shall not:
    21    (1) obtain or use a firearm as a peace officer or as any part of their
    22  employment duties;
    23    (2)  conduct  outside  transport  of incarcerated individuals, perform
    24  wall tower and arsenal  duties,  or  any  other  role  that  requires  a
    25  firearm;
    26    (3) perform contact roles with incarcerated individuals without super-
    27  vision  in  their first eighteen months of service as a correction offi-
    28  cer;
    29    (4) provide outside hospital coverage; or
    30    (5) supervise outside work crews or community crews.
    31    (iii) The department shall provide enhanced  training  and  mentorship
    32  programs for correction officers under the age of twenty-one.
    33    (iv) Nothing in this paragraph shall be construed to interfere with or
    34  conflict  with  the  collective bargaining agreement with respect to the
    35  process of bidding on posts, provided that no correction officer may bid
        S. 3005--C                         94                         A. 3005--C
 
     1  on a post for which they are not eligible pursuant to subparagraph  (ii)
     2  of this paragraph.
     3    (c)  Within  ninety  days  of the effective date of this paragraph and
     4  quarterly thereafter until the commissioner reports a staffing  capacity
     5  of  ninety  percent  or  more,  the commissioner shall review department
     6  staffing levels and report the department's  staffing  capacity  to  the
     7  governor,  the  temporary  president  of  the senate, the speaker of the
     8  assembly, the minority leader of the senate, and the minority leader  of
     9  the assembly and shall post such report on its website.
    10    § 2. This act shall take effect immediately.
 
    11                                  PART AAA
 
    12    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
    13  legislative  law and the state finance law relating to the operation and
    14  administration of the legislature, as amended by section 1 of part YY of
    15  chapter 56 of the laws of 2024, is amended to read as follows:
    16    §  13.  This  act shall take effect immediately and shall be deemed to
    17  have been in full force and effect as of April 1, 1994,  provided  that,
    18  the  provisions  of  section  5-a  of  the legislative law as amended by
    19  sections two and two-a of this act shall take effect on January 1, 1995,
    20  and provided further that, the provisions of article 5-A of the legisla-
    21  tive law as added by section eight of this act  shall  expire  June  30,
    22  [2025]  2026 when upon such date the provisions of such article shall be
    23  deemed repealed; and provided further that section twelve  of  this  act
    24  shall be deemed to have been in full force and effect on and after April
    25  10, 1994.
    26    § 2. This act shall not supersede the findings and determinations made
    27  by  the  compensation  committee  as  authorized pursuant to part HHH of
    28  chapter 59 of the laws of 2018 unless a court of competent  jurisdiction
    29  determines  that  such findings and determinations are invalid or other-
    30  wise not applicable or in force.
    31    § 3. This act shall take effect  immediately,  provided,  however,  if
    32  this  act shall take effect on or after June 30, 2025, this act shall be
    33  deemed to have been in full force and effect on and after June 30, 2025.
 
    34                                  PART BBB
 
    35    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
    36  the correction law, the governor is authorized  to  close  up  to  three
    37  correctional  facilities  of the department of corrections and community
    38  supervision, in the state fiscal year 2025--2026, as the governor deter-
    39  mines to be necessary for the cost-effective and efficient operation  of
    40  the correctional system, provided that the governor provides at least 90
    41  days'  notice  prior  to any such closures to the temporary president of
    42  the senate and the speaker of the assembly. Such  notice  shall  include
    43  the list of facilities the governor plans to close, the number of incar-
    44  cerated  individuals in said facilities, and the number of staff working
    45  in said facilities. The commissioner of corrections and community super-
    46  vision shall also report in detail to the  temporary  president  of  the
    47  senate  and  the  speaker  of the assembly on the results of staff relo-
    48  cation efforts within 60 days after such closures.
    49    § 2. This act shall take effect immediately and  shall  be  deemed  to
    50  have been in full force and effect on and after April 1, 2025; provided,
    51  however  that  this  act  shall  expire and be deemed repealed March 31,
    52  2026.
        S. 3005--C                         95                         A. 3005--C
 
     1    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     2  sion, section or part of this act shall be  adjudged  by  any  court  of
     3  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     4  impair, or invalidate the remainder thereof, but shall  be  confined  in
     5  its  operation  to the clause, sentence, paragraph, subdivision, section
     6  or part thereof directly involved in the controversy in which such judg-
     7  ment shall have been rendered. It is hereby declared to be the intent of
     8  the legislature that this act would  have  been  enacted  even  if  such
     9  invalid provisions had not been included herein.
    10    §  3.  This  act shall take effect immediately provided, however, that
    11  the applicable effective date of Parts A through BBB of this  act  shall
    12  be as specifically set forth in the last section of such Parts.

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