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A09005 Summary:

BILL NOA09005C
 
SAME ASSAME AS UNI. S08005-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2022-2023 state fiscal year; repeals the supervision fee paid by individuals who are in a supervised release program (Part D); authorizes the department of corrections and community supervision access to certain records (Part E); requires members of the state parole board to devote their full time to the duties of their office and hold no other salaried public position (Part F); suspends the transfer of monies into the New York state emergency services revolving loan fund from the public safety communications account for the state fiscal years 2022--2023 and 2023--2024 (Part G); increases the reimbursement awarded for certain items of essential personal property (Part I); extends certain provisions relating to value limitations on certain emergency contracts (Part J); allows a municipality or community board to elect to receive notice by email (Part K); makes certain provisions regarding liquidator's permits and temporary retail permits permanent (Part M); provides for the boundaries of election districts and the designation of polling places on college campuses (Part O); permits retail licensees for on-premises consumption of alcohol to sell and deliver alcoholic beverages for off-premises consumption (Part P); expands eligibility for shift pay differentials (Part U); provides for aid and incentives provided to towns and villages (Part X); relates to the financing of a certain litigation liability by the city of Long Beach (Part CC); relates to the operation of other businesses on a licensed farm manufacturing premises (Part DD); allows for the sale of liquor and/or wine for off-premises consumption on Christmas day (Part EE); authorizes the issuance of on-premises licenses and permits to certain veterans' organizations with a police officer serving as an officer of such organization (Part FF); creates a 21 member temporary state commission to examine reforms to the alcoholic beverage control law in order to modernize the alcohol industry in New York state (Part GG); provides paid postage for absentee ballots, if requested (Part HH); extends provisions related to the operation and administration of the legislature (Part II); establishes a legislative commission on the future of the Long Island Power Authority (Part JJ); authorizes fees and charges for emergency medical services; provides for the repeal of certain provisions upon expiration thereof (Part KK); enacts the Nassau county transparency and accountability act of 2022 requiring the Nassau county interim finance authority to conduct audits of certain entities in Nassau county and to investigate possible violations of the public authorities law (Part LL).
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A09005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8005--C                                            A. 9005--C
 
                SENATE - ASSEMBLY
 
                                    January 19, 2022
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted (Part C); to repeal subdivision 9 of section 201
          of the correction law relating to the parole supervision fee (Part D);
          to amend the correction law and the public health law, in relation  to
          authorizing  the  department  of corrections and community supervision
          access to certain records (Part E); to amend  the  executive  law,  in
          relation  to  requiring  members  of  the state parole board to devote
          their full time to the duties of their office (Part F); to  amend  the
          tax  law,  in  relation  to suspending the transfer of monies into the
          emergency services revolving loan fund from the public safety communi-
          cations account (Part G); intentionally omitted (Part H); to amend the
          executive law, in relation to awarding reimbursement for certain items
          of essential personal property (Part I); to amend chapter 674  of  the
          laws  of  1993,  amending  the  public buildings law relating to value
          limitations on contracts, in relation to extending  the  effectiveness
          thereof  (Part  J);  to  amend  the alcoholic beverage control law, in
          relation to allowing a municipality or community  board  to  elect  to
          receive  notice  by email (Part K); intentionally omitted (Part L); to
          amend chapter 396 of the laws of 2010 amending the alcoholic  beverage
          control  law  relating  to  liquidator's  permits and temporary retail
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-05-2

        S. 8005--C                          2                         A. 9005--C
 
          permits, in relation to the effectiveness  thereof  (Part  M);  inten-
          tionally  omitted  (Part N); to amend the election law, in relation to
          the boundaries of election districts and the  designation  of  polling
          places  (Part  O);  to  amend  the  alcoholic beverage control law, in
          relation to authorizing retail licensees for  on-premises  consumption
          to  sell  and/or deliver alcoholic beverages for off-premises consump-
          tion; and providing for the repeal of such provisions upon  expiration
          thereof  (Part P); intentionally omitted (Part Q); intentionally omit-
          ted (Part R); intentionally omitted (Part  S);  intentionally  omitted
          (Part  T);  to amend the civil service law, in relation to eligibility
          for shift pay differentials (Part U); intentionally omitted (Part  V);
          intentionally  omitted  (Part  W); to amend the state finance law, the
          tax law, and the public authorities law, in relation to providing  aid
          and incentives for municipalities to towns and villages; and to repeal
          certain  provisions  of  the tax law relating thereto (Part X); inten-
          tionally omitted (Part Y);  intentionally  omitted  (Part  Z);  inten-
          tionally  omitted  (Part  AA);  intentionally  omitted  (Part  BB); in
          relation to financing of a certain litigation liability by the city of
          Long Beach (Part CC); to amend the alcoholic beverage control law,  in
          relation  to operation of another business on a licensed farm manufac-
          turing premises (Part DD); to amend  the  alcoholic  beverage  control
          law,  in  relation  to allowing for the sale of liquor and/or wine for
          off-premises consumption on Christmas day  (Part  EE);  to  amend  the
          alcoholic  beverage  control law, in relation to authorizing the issu-
          ance of on-premises licenses or permits to certain veterans' organiza-
          tions with a police officer serving as an officer of such organization
          (Part FF); creating a temporary state commission to examine reforms to
          the alcoholic beverage control law in order to modernize  the  alcohol
          industry  in  New  York  state;  and  providing for the repeal of such
          provisions upon expiration thereof (Part GG); to  amend  the  election
          law,  in  relation  to postage paid for absentee ballots (Part HH); 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
          II); to amend the legislative  law,  in  relation  to  establishing  a
          legislative commission on the future of the Long Island Power Authori-
          ty  (Part JJ); to amend the general municipal law and the town law, in
          relation  to  authorizing  fees  and  charges  for  emergency  medical
          services;  and  providing  for  the repeal of such provisions upon the
          expiration thereof (Part KK); and to amend the public authorities law,
          in relation to transparency and accountability in Nassau county  (Part
          LL)
 
          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 2022-2023 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through LL. 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

        S. 8005--C                          3                         A. 9005--C
 
     1  corresponding section of the Part in which it is found. Section three of
     2  this act sets forth the general effective date of this act.
 
     3                                   PART A
 
     4                            Intentionally Omitted
 
     5                                   PART B
 
     6                            Intentionally Omitted
 
     7                                   PART C
 
     8                            Intentionally Omitted
 
     9                                   PART D
 
    10    Section  1.  Subdivision  9  of  section  201 of the correction law is
    11  REPEALED.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART E
 
    14    Section 1. Subdivision (a) of section 601 of the  correction  law,  as
    15  amended by section 209 of chapter 322 of the laws of 2021, is amended to
    16  read as follows:
    17    (a)  Whenever  an  incarcerated  individual  shall be delivered to the
    18  superintendent of a state correctional facility pursuant to an  indeter-
    19  minate or determinate sentence, the officer so delivering such incarcer-
    20  ated  individual  shall deliver to such superintendent, the sentence and
    21  commitment or certificate of conviction, or a  certified  copy  thereof,
    22  and  a copy of any order of protection pursuant to section 380.65 of the
    23  criminal procedure law received by such officer from the  clerk  of  the
    24  court by which such incarcerated individual shall have been sentenced, a
    25  copy  of  the report of the probation officer's investigation and report
    26  or a detailed statement covering the facts relative  to  the  crime  and
    27  previous  history  certified  by  the  district  attorney, a copy of the
    28  incarcerated individual's fingerprint records,  a  detailed  summary  of
    29  available  medical  records, psychiatric records and reports relating to
    30  assaults, or other violent acts, attempts at suicide or  escape  by  the
    31  incarcerated  individual  while in the custody of the local correctional
    32  facility; any such medical or psychiatric records in the possession of a
    33  health care provider other than the local correctional facility shall be
    34  summarized in detail and forwarded by such health care provider  to  the
    35  medical  director  of  the  appropriate state correctional facility upon
    36  request; the superintendent shall present to such officer a  certificate
    37  of  the  delivery  of such incarcerated individual, and the fees of such
    38  officer for transporting such incarcerated individual shall be paid from
    39  the treasury upon the  audit  and  warrant  of  the  comptroller.    The
    40  sentence  and commitment or certificate of conviction shall be deemed to
    41  grant authorization to  the  department  of  corrections  and  community
    42  supervision to request a certified copy or certified transcript of birth
    43  on  behalf  of  an  incarcerated  individual,  when such request is made

        S. 8005--C                          4                         A. 9005--C
 
     1  pursuant to subdivision four of section four thousand one hundred seven-
     2  ty-four of the public health law or section four  thousand  one  hundred
     3  seventy-nine  of  such  law.  Whenever an incarcerated individual of the
     4  state is delivered to a local facility, the superintendent shall forward
     5  summaries  of  such  records to the local facility with the incarcerated
     6  individual.   The department of corrections  and  community  supervision
     7  shall  notify  the  incarcerated individual when a birth certificate has
     8  been ordered and received. Upon such individual's release from a correc-
     9  tional facility, the certified copy or  certified  transcript  of  birth
    10  shall be provided to the individual.
    11    §  2.  Subdivision  4  of  section  4174  of the public health law, as
    12  amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
    13  follows:
    14    4.  No  fee shall be charged for a search, certification, certificate,
    15  certified copy or certified transcript of a record to be used for school
    16  entrance, employment certificate or for purposes  of  public  relief  or
    17  when  required  by the veterans administration to be used in determining
    18  the eligibility of any person to participate in the benefits made avail-
    19  able by the veterans administration or  when  required  by  a  board  of
    20  elections  for  the  purposes  of  determining voter eligibility or when
    21  requested by the department of corrections and community supervision  or
    22  a  local  correctional  facility  as  defined  in subdivision sixteen of
    23  section two of the correction law for the purpose of providing a  certi-
    24  fied copy or certified transcript of birth to an incarcerated individual
    25  in  anticipation  of such incarcerated individual's release from custody
    26  or to obtain a death certificate to be used for administrative  purposes
    27  for  an  incarcerated  individual  who  has  died  under custody or when
    28  requested by the office of children and family services or an authorized
    29  agency for the purpose of providing a certified copy or certified  tran-
    30  script of birth to a youth placed in the care and custody or custody and
    31  guardianship  of  the  local commissioner of social services or the care
    32  and custody or custody and guardianship of the office  of  children  and
    33  family services in anticipation of such youth's discharge from placement
    34  or  foster  care.    Whenever  a  request  is  made by the department of
    35  corrections and community supervision for a certified copy or  certified
    36  transcript  of birth on behalf of an incarcerated individual pursuant to
    37  this section, a certified copy of the sentence and commitment or certif-
    38  icate of conviction shall be deemed to grant authorization by the incar-
    39  cerated individual to the department to submit  such  request  on  their
    40  behalf, and no other authorization shall be required.
    41    §  3. Section 4179 of the public health law, as amended by chapter 322
    42  of the laws of 2021, is amended to read as follows:
    43    § 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
    44  provisions  of  paragraph  one of subdivision a of section 207.13 of the
    45  health code of the city of New York,  the  department  of  health  shall
    46  charge,  and  the  applicant  shall pay, for a search of two consecutive
    47  calendar years under one name and  the  issuance  of  a  certificate  of
    48  birth, death or termination of pregnancy, or a certification of birth or
    49  death,  or  a  certification  that  the record cannot be found, a fee of
    50  fifteen dollars for each copy. Provided, however, that no such fee shall
    51  be charged when the department of corrections and community  supervision
    52  or  a  local  correctional facility as defined in subdivision sixteen of
    53  section two of the correction law requests a  certificate  of  birth  or
    54  certification  of birth for the purpose of providing such certificate of
    55  birth or certification of birth to an incarcerated individual in  antic-
    56  ipation  of  such  incarcerated  individual's release from custody or to

        S. 8005--C                          5                         A. 9005--C
 
     1  obtain a death certificate to be used for administrative purposes for an
     2  incarcerated individual who has died under custody or when the office of
     3  children and family services or an authorized agency requests  a  certi-
     4  fied  copy  or  certified  transcript of birth for a youth placed in the
     5  custody of the local commissioner of social services or the  custody  of
     6  the  office of children and family services pursuant to article three of
     7  the family court act for the purpose of providing such certified copy or
     8  certified transcript of birth to such youth in anticipation of discharge
     9  from placement.   Whenever a  request  is  made  by  the  department  of
    10  corrections  and community supervision for a certified copy or certified
    11  transcript of birth on behalf of an incarcerated individual pursuant  to
    12  this section, a certified copy of the sentence and commitment or certif-
    13  icate of conviction shall be deemed to grant authorization by the incar-
    14  cerated  individual  to  the  department to submit such request on their
    15  behalf, and no other authorization shall be required.
    16    § 4. This act shall take effect on September 1, 2022; provided, howev-
    17  er, that the amendments  to  subdivision  (a)  of  section  601  of  the
    18  correction  law  made  by  section  one of this act shall not affect the
    19  expiration of such subdivision and shall be deemed to expire therewith.
 
    20                                   PART F
 
    21    Section 1. Section 259-b of the executive law is amended by  adding  a
    22  new subdivision 8 to read as follows:
    23    8.  Members  of the board shall devote their full time to their duties
    24  and shall hold no other salaried public position.
    25    § 2. This act shall take effect on the ninetieth day  after  it  shall
    26  have become a law.
 
    27                                   PART G
 
    28    Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
    29  law, as amended by section 1 of part I of chapter  55  of  the  laws  of
    30  2020, is amended to read as follows:
    31    (b)  The  sum  of  one  million  five hundred thousand dollars must be
    32  deposited into the New York state emergency services revolving loan fund
    33  annually; provided, however, that such sums shall not be  deposited  for
    34  state  fiscal  years two thousand eleven--two thousand twelve, two thou-
    35  sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
    36  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    37  sixteen--two thousand seventeen, two  thousand  seventeen--two  thousand
    38  eighteen,  two  thousand  eighteen--two  thousand nineteen, two thousand
    39  nineteen--two thousand twenty, two thousand twenty--two  thousand  twen-
    40  ty-one  [and],  two  thousand  twenty-one--two  thousand twenty-two, two
    41  thousand twenty-two--two thousand twenty-three, and two  thousand  twen-
    42  ty-three--two thousand twenty-four;
    43    § 2. This act shall take effect April 1, 2022.
 
    44                                   PART H
 
    45                            Intentionally Omitted
 
    46                                   PART I

        S. 8005--C                          6                         A. 9005--C
 
     1    Section  1.  Subdivision  9  of  section  631 of the executive law, as
     2  amended by chapter 487 of the laws  of  2014,  is  amended  to  read  as
     3  follows:
     4    9.  Any  award made for the cost of repair or replacement of essential
     5  personal property, including cash losses of essential personal property,
     6  shall be limited to an amount of  [five]  twenty-five  hundred  dollars,
     7  except  that  all  cash  losses  of essential personal property shall be
     8  limited to the amount of one hundred dollars. In the case  of  medically
     9  necessary  life-sustaining  equipment  which  was lost or damaged as the
    10  direct result of a crime, the award shall be limited to  the  amount  of
    11  ten thousand dollars.
    12    §  2. Subdivision 3 of section 623 of the executive law, as amended by
    13  section 8 of part A1 of chapter 56 of the laws of 2010,  is  amended  to
    14  read as follows:
    15    3.  To  adopt,  promulgate, amend and rescind suitable rules and regu-
    16  lations to carry out  the  provisions  and  purposes  of  this  article,
    17  including  rules for the determination of claims, rules for the approval
    18  of attorneys' fees for representation before the  office  and/or  before
    19  the  appellate  division upon judicial review as provided for in section
    20  six hundred twenty-nine of this article, rules for  the  definition  and
    21  reasonable reimbursement of individual items of essential personal prop-
    22  erty  considered essential and necessary for the victim's welfare pursu-
    23  ant to section six hundred thirty-one of this article, and rules for the
    24  authorization of qualified persons to assist claimants in  the  prepara-
    25  tion of claims for presentation to the office.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it  shall  have  become  a law and apply to all claims filed on or after
    28  such effective date.
 
    29                                   PART J
 
    30    Section 1. Section 3 of chapter 674 of the laws of 1993, amending  the
    31  public  buildings  law  relating  to  value limitations on contracts, as
    32  amended by section 2 of part HH of chapter 55 of the laws  of  2019,  is
    33  amended to read as follows:
    34    §  3.  This act shall take effect immediately and shall remain in full
    35  force and effect only until June 30, [2022] 2025.
    36    § 2. This act shall take effect immediately.
 
    37                                   PART K
 
    38    Section 1. Section 110-b of the  alcoholic  beverage  control  law  is
    39  amended by adding a new subdivision 6-a to read as follows:
    40    6-a. Such notification may be made by email, provided the municipality
    41  or  community  board  in  which  the  premises is located elects to take
    42  service in such form. Such an election shall be in a writing  signed  by
    43  the  authorized  agent  or clerk of the municipality or community board.
    44  Proof of email service shall be provided to the authority in the form of
    45  an email from the municipality or community board that reasonably  iden-
    46  tifies  the  applicant, or by other such forms of proof as determined by
    47  the authority.
    48    § 2. This act shall take effect immediately.
 
    49                                   PART L
 
    50                            Intentionally Omitted

        S. 8005--C                          7                         A. 9005--C
 
     1                                   PART M
 
     2    Section  1.  Section 5 of chapter 396 of the laws of 2010 amending the
     3  alcoholic beverage control law  relating  to  liquidator's  permits  and
     4  temporary retail permits, as amended by chapter 375 of the laws of 2021,
     5  is amended to read as follows:
     6    §  5.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law, provided that  paragraph  (b)  of  subdivision  1  of
     8  section  97-a  of the alcoholic beverage control law as added by section
     9  two of this act shall expire and be deemed repealed October  12,  [2022]
    10  2023.
    11    § 2.  This act shall take effect immediately.
 
    12                                   PART N
 
    13                            Intentionally Omitted
 
    14                                   PART O
 
    15    Section  1.  Section  4-104 of the election law is amended by adding a
    16  new subdivision 5-a to read as follows:
    17    5-a. Whenever  a  contiguous  property  of  a  college  or  university
    18  contains three hundred or more registrants who are registered to vote at
    19  any  address  on  such contiguous property, the polling place designated
    20  for such registrants shall be on such contiguous property or at a nearby
    21  location recommended by the college or university and agreed to  by  the
    22  board of elections.
    23    §  2.  Paragraph  a  of subdivision 3 of section 4-100 of the election
    24  law, as amended by chapter 260 of the laws of 2021, is amended  to  read
    25  as follows:
    26    a.  Each  election  district  shall  be in compact form and may not be
    27  partly within and partly without a ward, town, city, a village which has
    28  five thousand or more inhabitants and is wholly  within  one  town,  the
    29  contiguous  property  of  a  college  or university which contains three
    30  hundred or more registrants who are registered to vote at any address on
    31  such contiguous property, or a county legislative, assembly,  senatorial
    32  or  congressional  district.   Except as provided in paragraph b of this
    33  subdivision, election district boundaries, other than  those  boundaries
    34  which  are  coterminous  with the boundaries of those political subdivi-
    35  sions and college or university properties mentioned in this  paragraph,
    36  must  be  streets,  rivers, railroad lines or other permanent character-
    37  istics of the landscape which are clearly visible to any person  without
    38  the need to use any technical or mechanical device. An election district
    39  shall  contain  not  more than nine hundred fifty registrants (excluding
    40  registrants in inactive status) or, with  the  approval  of  the  county
    41  board  of  elections,  not more than two thousand registrants (excluding
    42  registrants in inactive  status),  but  any  election  district  may  be
    43  divided for the convenience of the voters.
    44    §  3.  This  act shall take effect on the ninetieth day after it shall
    45  have become a law; provided, however, that the deadline  for  boards  of
    46  elections  to  designate  polling  places  pursuant to this act shall be
    47  extended to August 1, 2022; provided, further, that section two of  this
    48  act shall take effect January 1, 2023.
 
    49                                   PART P

        S. 8005--C                          8                         A. 9005--C
 
     1    Section  1.    Section  106  of  the alcoholic beverage control law is
     2  amended by adding a new subdivision 2-a to read as follows:
     3    2-a.  (a)  Notwithstanding  any  provision  of law to the contrary, in
     4  addition to any other privilege provided under this chapter, any  retail
     5  license that allows for liquor and/or wine sale for on-premises consump-
     6  tion shall also include the privilege to sell for take-out and delivery,
     7  any  product  it  may otherwise sell at retail, subject to the following
     8  conditions:
     9    (i) any purchase for take-out or delivery must  be  accompanied  by  a
    10  purchase of a substantial food item;
    11    (ii) the alcoholic beverages are packaged in a container with a secure
    12  lid  or  cap  sealed in a manner designed to prevent consumption without
    13  removal of the lid or cap by breaking the seal;
    14    (iii) beverages purchased for take-out or delivery are subject to  any
    15  applicable  state and municipal open container laws, rules, regulations,
    16  or ordinances;
    17    (iv) takeout and delivery of alcoholic beverages may only occur during
    18  licensed hours of operation of on premises retailers in  the  county  in
    19  which  the  licensed premises are located or, if different, the hours of
    20  operation set forth in the  licensee's  method  of  operation  with  the
    21  authority;
    22    (v) the price per serving shall be the same as if consumed on premises
    23  and  shall  not  be sold as part of any promotion or special unless such
    24  promotion or special is also available for consumption on premises;  and
    25  further provided each serving shall be available only in the same manner
    26  as  available on premises;
    27    (vi) the licensee shall not sell for take-out, or deliver, any bottles
    28  of liquor or bottles of wine;
    29    (vii)  the  licensee  shall  not advertise or promote the sale of full
    30  bottles of wine or liquor for off-premises consumption; and
    31    (viii) the licensee shall not display full bottles of wine  or  liquor
    32  for  the purpose of promoting the sale of such products for off-premises
    33  consumption.
    34    (b) Deliveries made via motor vehicle shall only  be  made  in  (i)  a
    35  vehicle  permitted  by  the authority pursuant to section ninety-four of
    36  this chapter, or (ii) in a vehicle owned  and  operated,  or  hired  and
    37  operated,  by  the  licensee  or  its  employee  pursuant to section one
    38  hundred sixteen of this article; provided deliveries may be made utiliz-
    39  ing the vehicle of an employee of the  licensee,  and  provided  further
    40  that  a  copy  of  the  permit or license must be present in any vehicle
    41  while making deliveries. Delivery must be to a residential address,  and
    42  may not be delivered except to a person twenty-one years of age or older
    43  at that residence who is not at the time of delivery intoxicated. Deliv-
    44  ery  drivers  shall  require  a recipient, at the delivery address, upon
    45  delivery, to demonstrate that the recipient is at least twenty-one years
    46  of age by providing a valid form of photographic identification  author-
    47  ized by section sixty-five-b of this chapter.
    48    (c)  Nothing  in  this  subdivision  shall  be construed to change the
    49  existing privilege of a retail licensee for on-premises  consumption  to
    50  sell  beer, cider, or mead for consumption off the premises as currently
    51  provided for in this chapter. Provided, further, that nothing  contained
    52  in  this  subdivision  shall  be  deemed  to supersede the provisions of
    53  section one thousand two hundred twenty-seven of the vehicle and traffic
    54  law.
    55    (d) The authority  may  promulgate  guidance,  rules  and  regulations
    56  necessary to implement the provisions of this subdivision.

        S. 8005--C                          9                         A. 9005--C
 
     1    (e)  The  authority  may, on its own initiative or on complaint of any
     2  person, institute proceedings to suspend or revoke a licensee's  ability
     3  to  sell  alcoholic  beverages  for takeout or delivery pursuant to this
     4  subdivision after a hearing, in  accordance  with  section  one  hundred
     5  nineteen  of  this  article,  at  which  such licensee shall be given an
     6  opportunity to be heard. Such proceedings and such hearing shall be held
     7  in such manner and upon such notice as may be prescribed by the rules of
     8  the authority.
     9    § 2. This act shall take effect immediately and shall  expire  and  be
    10  deemed repealed three years after such date.
 
    11                                   PART Q
 
    12                            Intentionally Omitted
 
    13                                   PART R
 
    14                            Intentionally Omitted
 
    15                                   PART S
 
    16                            Intentionally Omitted
 
    17                                   PART T
 
    18                            Intentionally Omitted

    19                                   PART U
 
    20    Section  1.  Subdivision 6 of section 130 of the civil service law, as
    21  amended by chapter 307 of the laws  of  1979,  is  amended  to  read  as
    22  follows:
    23    6. Shift  pay  differentials.  Whenever  the director finds that under
    24  prevailing wage practices in private or other public employment  in  the
    25  state,  employees in a given occupation receive a higher rate  of pay or
    26  wage differential for a work shift other [than a normal day shift]  than
    27  that which is paid to employees in the same occupation [for a normal day
    28  shift],  [he]  the director may, subject to the approval of the director
    29  of the budget, authorize a pay differential to be paid to those  employ-
    30  ees in positions in the same or related occupations in the state service
    31  and  who  are  [regularly]  assigned  to  an equivalent or substantially
    32  equivalent work shift, on a statewide basis, provided however, where the
    33  director finds that in a particular  geographical  area  or  areas  wage
    34  practices  would warrant a shift differential for employees in a partic-
    35  ular occupation then the director may grant a work shift  pay  differen-
    36  tial  for such employees, subject to the approval of the director of the
    37  budget. In determining whether  to  authorize  a  pay  differential  the
    38  director  shall  consider  the various duties on each shift, [other than
    39  the normal day shift,] in relation  to  the  normal  day  shift.  A  pay
    40  differential under this subdivision shall be a percentage of basic sala-
    41  ry,  an  hourly  rate,  an annual rate, or a fixed dollar amount per pay
    42  period, as prescribed in each case by the director of the classification

        S. 8005--C                         10                         A. 9005--C
 
     1  and compensation division subject to approval of  the  director  of  the
     2  budget.  Such differential shall be paid in addition to and shall not be
     3  part of an employee's basic annual  salary,  and  shall  not  affect  or
     4  impair any performance advancement payments, performance awards, longev-
     5  ity  payments  or  other  rights or benefits to which an employee may be
     6  entitled under the provisions of this chapter, provided,  however,  that
     7  any  differential payable pursuant to this subdivision shall be included
     8  as compensation for retirement purposes. A  pay  differential  shall  be
     9  terminated for any employee when [he] the employee ceases to be employed
    10  in  the  work  shift  or  position  for  which such pay differential was
    11  authorized. A pay differential shall remain in effect  until  terminated
    12  by the director of the classification and compensation division with the
    13  consent of the director of the budget or until a new pay differential is
    14  authorized  pursuant to this subdivision. The director of the budget may
    15  adopt such regulations as [he may  deem]  necessary  to  carry  out  the
    16  provisions of this subdivision.
    17    § 2. This act shall take effect immediately.
 
    18                                   PART V
 
    19                            Intentionally Omitted
 
    20                                   PART W
 
    21                            Intentionally Omitted
 
    22                                   PART X
 
    23    Section  1.  Paragraph  b of subdivision 10 of section 54 of the state
    24  finance law is amended by adding a new subparagraph  (vii)  to  read  as
    25  follows:
    26    (vii)  Notwithstanding  subparagraph  (i)  of  this  paragraph, within
    27  amounts appropriated in the state fiscal year commencing   April  first,
    28  two  thousand    twenty-two,  and annually thereafter, there   shall  be
    29  apportioned  and  paid to each municipality as of April first, two thou-
    30  sand twenty-two a base level  grant  in  an  amount  equal  to  the  aid
    31  received  by such municipality in the state fiscal year commencing April
    32  first, two thousand twenty-one; provided, however,  and  notwithstanding
    33  any  law  to  the contrary, for each municipality that did not receive a
    34  base level grant in the state fiscal year commencing  April  first,  two
    35  thousand twenty-one, there shall be apportioned and paid to each munici-
    36  pality a base level grant in an amount equal to the aid received by such
    37  municipality  in  the  fiscal  year commencing April first, two thousand
    38  eighteen.
    39    § 2. Paragraph 3 of subdivision c of section 1261 of the tax  law,  as
    40  amended  by  section  1 of part NN of chapter 55 of the laws of 2020, is
    41  amended to read as follows:
    42    (3) However, the taxes, penalties and interest which (i) the county of
    43  Nassau, (ii) the county of Erie, to the extent the  county  of  Erie  is
    44  contractually  or statutorily obligated to allocate and apply or pay net
    45  collections to the city of Buffalo and to the extent  that  such  county
    46  has  set  aside net collections for educational purposes attributable to
    47  the Buffalo school district, or the city of Buffalo or (iii) the  county
    48  of  Erie  is authorized to impose pursuant to section twelve hundred ten

        S. 8005--C                         11                         A. 9005--C
 
     1  of this article, other than such taxes in the amounts described, respec-
     2  tively, in subdivisions one and two of section one thousand two  hundred
     3  sixty-two-e of this part, during the period that such section authorizes
     4  Nassau  county  to establish special or local assistance programs there-
     5  under, together with any penalties and  interest  related  thereto,  and
     6  after  the  comptroller  has  reserved  such refund fund and such costs,
     7  shall, commencing on the next payment date after the effective  date  of
     8  this  sentence  and of each month thereafter, until such date as (i) the
     9  Nassau county  interim  finance  authority  shall  have  no  obligations
    10  outstanding,  or (ii) the Buffalo fiscal stability authority shall cease
    11  to exist, or (iii) the Erie  county  fiscal  stability  authority  shall
    12  cease  to  exist,  be  paid by the comptroller, respectively, to (i) the
    13  Nassau county interim finance authority to  be  applied  by  the  Nassau
    14  county interim finance authority, or (ii) to the Buffalo fiscal stabili-
    15  ty authority to be applied by the Buffalo fiscal stability authority, or
    16  (iii) to the Erie county fiscal stability authority to be applied by the
    17  Erie  county  fiscal  stability  authority,  as  the case may be, in the
    18  following order of priority: first pursuant to the Nassau county interim
    19  finance authority's contracts with bondholders  or  the  Buffalo  fiscal
    20  stability  authority's  contracts  with  bondholders  or the Erie county
    21  fiscal stability authority's contracts with  bondholders,  respectively,
    22  then  to  pay  the  Nassau  county interim finance authority's operating
    23  expenses not otherwise provided for  or  the  Buffalo  fiscal  stability
    24  authority's  operating  expenses  not otherwise provided for or the Erie
    25  county fiscal stability authority's  operating  expenses  not  otherwise
    26  provided  for,  respectively,  [then  (i)  for the Nassau county interim
    27  finance authority to pay to the state as  soon  as  practicable  in  the
    28  months  of  May  and December each year, the amount necessary to fulfill
    29  the town and village distribution requirement on behalf of Nassau county
    30  pursuant to paragraph five-a  of  this  subdivision,  or  (ii)  for  the
    31  Buffalo  fiscal stability authority to pay to the state as soon as prac-
    32  ticable in the months of May and December each year, the  percentage  of
    33  the  amount  necessary  to  fulfill  the  town  and village distribution
    34  requirement on behalf of Erie county pursuant  to  paragraph  five-a  of
    35  this  subdivision  that  equates  to  the  percentage  of the county net
    36  collections that the  city  of  Buffalo  and  the  Buffalo  city  school
    37  district, together, are due in the months of May and December each year,
    38  or  (iii)  for  the Erie county fiscal stability authority to pay to the
    39  state as soon as practicable in the months  of  May  and  December  each
    40  year,  the amount necessary to fulfill the town and village distribution
    41  requirement on behalf of Erie county pursuant  to  paragraph  five-a  of
    42  this subdivision, less the amount being paid to the state by the Buffalo
    43  fiscal  stability  authority  in  each  respective  month,] and then (i)
    44  pursuant to the Nassau county  interim  finance  authority's  agreements
    45  with  the  county  of  Nassau, which agreements shall require the Nassau
    46  county interim finance authority to transfer such taxes,  penalties  and
    47  interest  remaining after providing for contractual or other obligations
    48  of the Nassau county interim  finance  authority,  and  subject  to  any
    49  agreement between such authority and the county of Nassau, to the county
    50  of  Nassau as frequently as practicable; or (ii) pursuant to the Buffalo
    51  fiscal stability authority's agreements with the city of Buffalo,  which
    52  agreements  shall  require  the  Buffalo  fiscal  stability authority to
    53  transfer such taxes, penalties and interest  remaining  after  providing
    54  for  contractual  or  other  obligations of the Buffalo fiscal stability
    55  authority, and subject to any agreement between such authority  and  the
    56  city  of  Buffalo,  to the city of Buffalo or the city of Buffalo school

        S. 8005--C                         12                         A. 9005--C
 
     1  district, as the case may be, as frequently  as  practicable;  or  (iii)
     2  pursuant to the Erie county fiscal stability authority's agreements with
     3  the  county  of  Erie,  which  agreements  shall require the Erie county
     4  fiscal  stability authority to transfer such taxes, penalties and inter-
     5  est remaining after providing for contractual or  other  obligations  of
     6  the Erie county fiscal stability authority, and subject to any agreement
     7  between  such authority and the county of Erie, to the county of Erie as
     8  frequently as practicable. During the period  that  the  comptroller  is
     9  required to make payments to the Nassau county interim finance authority
    10  described  in  the previous sentence, the county of Nassau shall have no
    11  right, title or interest in or to such  taxes,  penalties  and  interest
    12  required  to  be  paid  to  the Nassau county interim finance authority,
    13  except as provided in such authority's agreements  with  the  county  of
    14  Nassau.  During  the  period  that  the  comptroller is required to make
    15  payments to the Buffalo fiscal  stability  authority  described  in  the
    16  second  previous  sentence, the city of Buffalo and such school district
    17  shall have no right, title or interest in or to  such  taxes,  penalties
    18  and interest required to be paid to the Buffalo fiscal stability author-
    19  ity,  except as provided in such authority's agreements with the city of
    20  Buffalo. During the period that the  comptroller  is  required  to  make
    21  payments  to the Erie county fiscal stability authority described in the
    22  third previous sentence, the county of Erie shall have no  right,  title
    23  or  interest  in or to such taxes, penalties and interest required to be
    24  paid to the Erie county fiscal stability authority, except  as  provided
    25  in such authority's agreements with the county of Erie.
    26    §  3. Paragraph 5-a of subdivision c of section 1261 of the tax law is
    27  REPEALED.
    28    § 4. Subdivision 5 of section 3657 of the public authorities  law,  as
    29  amended  by  section  3 of part NN of chapter 55 of the laws of 2020, is
    30  amended to read as follows:
    31    5. Tax revenues received by the authority pursuant to  section  twelve
    32  hundred  sixty-one  of  the  tax  law,  together with any other revenues
    33  received by the authority, shall be applied in the  following  order  of
    34  priority:  first pursuant to the authority's contracts with bondholders,
    35  then to pay the authority's operating expenses  not  otherwise  provided
    36  for,  [then  to pay to the state pursuant to paragraph three of subdivi-
    37  sion (c) of section twelve hundred sixty-one of the tax law,] and  then,
    38  subject  to  the authority's agreements with the county, to transfer the
    39  balance of such tax revenues not required to meet contractual  or  other
    40  obligations of the authority to the county as frequently as practicable.
    41    §  5.  Subdivision 5 of section 3965 of the public authorities law, as
    42  amended by section 5 of part NN of chapter 55 of the laws  of  2020,  is
    43  amended to read as follows:
    44    5.  Revenues  of the authority shall be applied in the following order
    45  of priority: first to pay debt service or for set  asides  to  pay  debt
    46  service  on  the  authority's  bonds, notes, or other obligations and to
    47  replenish any reserve funds securing such bonds, notes  or  other  obli-
    48  gations  of  the authority in accordance with the provision of indenture
    49  or bond resolution of the authority; then to pay the authority's operat-
    50  ing expenses not otherwise provided for;  [then  to  pay  to  the  state
    51  pursuant to paragraph three of subdivision (c) of section twelve hundred
    52  sixty-one  of  the tax law;] and then, subject to the authority's agree-
    53  ments with the county for itself or on behalf of any  covered  organiza-
    54  tion  to  transfer  as frequently as practicable the balance of revenues
    55  not required to meet contractual or other obligations of  the  authority
    56  to the county as provided in subdivision seven of this section.

        S. 8005--C                         13                         A. 9005--C
 
     1    §  6.  Subdivision 5 of section 3865 of the public authorities law, as
     2  amended by section 4 of part NN of chapter 55 of the laws  of  2020,  is
     3  amended to read as follows:
     4    5.  Revenues  of the authority shall be applied in the following order
     5  of priority: first to pay debt service or for set  asides  to  pay  debt
     6  service  on  the  authority's  bonds, notes, or other obligations and to
     7  replenish any reserve funds securing such bonds, notes  or  other  obli-
     8  gations of the authority, in accordance with the provision of any inden-
     9  ture  or  bond  resolution of the authority; then to pay the authority's
    10  operating expenses not otherwise provided for; [then to pay to the state
    11  pursuant to paragraph three of subdivision (c) of section twelve hundred
    12  sixty-one of the tax law;] and then, subject to the  authority's  agree-
    13  ment  with  the  city,  for  itself or on behalf of the city's dependent
    14  school district and any  other  covered  organization,  to  transfer  as
    15  frequently  as  practicable the balance of revenues not required to meet
    16  contractual or other obligations of the authority to  the  city  or  the
    17  city's  dependent  school  district  as provided in subdivision seven of
    18  this section.
    19    § 7. This act shall take effect July 1, 2022.
 
    20                                   PART Y
 
    21                            Intentionally Omitted
 
    22                                   PART Z
 
    23                            Intentionally Omitted
 
    24                                   PART AA

    25                            Intentionally Omitted
 
    26                                   PART BB
 
    27                            Intentionally Omitted
 
    28                                   PART CC
 
    29    Section 1. Notwithstanding any limitations on private sales  of  bonds
    30  provided  by  law and the provisions of paragraph 33 of subdivision a of
    31  section 11.00 of the local finance law to  the  contrary,  a  period  of
    32  probable  usefulness  not to exceed 30 years shall apply to the specific
    33  object or purpose of payment of a final judgment  or  a  compromised  or
    34  settled  claim  against  the city of Long Beach in the case of Matter of
    35  Haberman v.  Zoning Board of Appeals of City of Long  Beach  decided  in
    36  the Nassau County Supreme Court (Index # 001138/04) on January 11, 2021,
    37  provided  however,  that such bonds shall not exceed an aggregate amount
    38  of seventy-seven million dollars.  To facilitate the  marketing  of  any
    39  issue of bonds to finance such object or purpose, the city of Long Beach
    40  may,  notwithstanding any limitations on private sales of bonds provided
    41  by law, and subject to approval by the state comptroller  of  the  terms
    42  and conditions of such sale:

        S. 8005--C                         14                         A. 9005--C
 
     1    1.  arrange for the underwriting of such bonds at private sale through
     2  negotiated agreement, compensation for such underwriting to be  provided
     3  by  negotiated fee or by sale of such bonds to an underwriter at a price
     4  less than the sum of par value of, and the  accrued  interest  on,  such
     5  obligations; or
     6    2. arrange for the private sale of its bonds through negotiated agree-
     7  ment,  compensation  for  such sale to be provided by negotiated fee, if
     8  required. The cost of such underwriting or private  placement  shall  be
     9  deemed a preliminary cost for purposes of this section.
    10    § 2. This act shall take effect immediately.
 
    11                                   PART DD
 
    12    Section 1. Section 31 of the alcoholic beverage control law is amended
    13  by adding a new subdivision 14 to read as follows:
    14    14.  Notwithstanding  any  provision  of  law to the contrary, another
    15  business or other  businesses  may  operate  on  the  licensed  premises
    16  subject  to  such  rules  and  regulations  as  the liquor authority may
    17  prescribe. Such rules and regulations shall determine  which  businesses
    18  will  be  compatible  with  the  policy and purposes of this chapter and
    19  shall consider the effect of particular businesses on the community  and
    20  area in the vicinity of the farm meadery premises, provided however that
    21  a  retailer  business licensed under this chapter shall not be permitted
    22  to operate at a licensed manufacturing premises.
    23    § 2. Section 51-a of the alcoholic beverage control law is amended  by
    24  adding a new subdivision 16 to read as follows:
    25    16.  Notwithstanding  any  provision  of  law to the contrary, another
    26  business or other  businesses  may  operate  on  the  licensed  premises
    27  subject  to  such  rules  and  regulations  as  the liquor authority may
    28  prescribe. Such rules and regulations shall determine  which  businesses
    29  will  be  compatible  with  the  policy and purposes of this chapter and
    30  shall consider the effect of particular businesses on the community  and
    31  area in the vicinity of the farm brewery premises, provided however that
    32  a  retailer  business licensed under this chapter shall not be permitted
    33  to operate at a licensed manufacturing premises.
    34    § 3. Section 58-c of the alcoholic beverage control law is amended  by
    35  adding a new subdivision 15 to read as follows:
    36    15.  Notwithstanding  any  provision  of  law to the contrary, another
    37  business or other  businesses  may  operate  on  the  licensed  premises
    38  subject  to  such  rules  and  regulations  as  the liquor authority may
    39  prescribe. Such rules and regulations shall determine  which  businesses
    40  will  be  compatible  with  the  policy and purposes of this chapter and
    41  shall consider the effect of particular businesses on the community  and
    42  area  in the vicinity of the farm cidery premises, provided however that
    43  a retailer business licensed under this chapter shall not  be  permitted
    44  to operate at a licensed manufacturing premises.
    45    §  4.  Subdivision 2-c of section 61 of the alcoholic beverage control
    46  law is amended by adding a new paragraph (i) to read as follows:
    47    (i) Notwithstanding any provision of  law  to  the  contrary,  another
    48  business  or  other  businesses  may  operate  on  the licensed premises
    49  subject to such rules  and  regulations  as  the  liquor  authority  may
    50  prescribe.  Such  rules and regulations shall determine which businesses
    51  will be compatible with the policy and  purposes  of  this  chapter  and
    52  shall  consider the effect of particular businesses on the community and
    53  area in the vicinity of the farm distillery premises,  provided  however

        S. 8005--C                         15                         A. 9005--C
 
     1  that  a  retailer  business  licensed  under  this  chapter shall not be
     2  permitted to operate at a licensed manufacturing premises.
     3    §  5. Section 76-a of the alcoholic beverage control law is amended by
     4  adding a new subdivision 11 to read as follows:
     5    11. Notwithstanding any provision of  law  to  the  contrary,  another
     6  business  or  other  businesses  may  operate  on  the licensed premises
     7  subject to such rules  and  regulations  as  the  liquor  authority  may
     8  prescribe.  Such  rules and regulations shall determine which businesses
     9  will be compatible with the policy and  purposes  of  this  chapter  and
    10  shall  consider the effect of particular businesses on the community and
    11  area in the vicinity of the farm winery premises, provided however  that
    12  a  retail business licensed under this chapter shall not be permitted to
    13  operate at a licensed manufacturing premises.
    14    § 6. This act shall take effect immediately.
 
    15                                   PART EE
 
    16    Section 1. Paragraph (a) of subdivision 14 of section 105 of the alco-
    17  holic beverage control law, as amended by section 1 of part U of chapter
    18  63 of the laws of 2003, is amended to read as follows:
    19    (a) No premises licensed to sell liquor and/or wine  for  off-premises
    20  consumption shall be permitted to remain open:
    21    (i)  On  Sunday  before  twelve  o'clock  post meridian and after nine
    22  o'clock post meridian.
    23    (ii) On any day between midnight and eight o'clock antemeridian.
    24    [(iii) On the twenty-fifth day of December, known as Christmas day.]
    25    In any community where daylight saving time is in  effect,  such  time
    26  shall be deemed the standard time for the purpose of this subdivision.
    27    § 2. This act shall take effect immediately.
 
    28                                   PART FF
 
    29    Section  1.  The alcoholic beverage control law is amended by adding a
    30  new section 128-c to read as follows:
    31    § 128-c. Police officers allowed to serve as an officer  of  veterans'
    32  organization.  Notwithstanding  any inconsistent provision of law to the
    33  contrary, a veterans' organization, including, but not  limited  to  the
    34  Veterans  of  Foreign  Wars, the American Legion, or any other "veterans
    35  club" identified in subdivision nine of section three of  this  chapter,
    36  shall  not  be  precluded  from  applying  for an on-premises license or
    37  permit under the provisions of this chapter due to  the  presence  of  a
    38  police  officer serving as an officer of such organization and the state
    39  liquor authority shall be authorized to issue such license or permit.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART GG
 
    42    Section 1. A temporary state commission, to be known as the Commission
    43  to Study Reform of  the  Alcoholic  Beverage  Control  Law  (hereinafter
    44  "commission"),  is  hereby  created to study and make recommendations on
    45  issues including but not limited to:
    46    (a) The current state of the market for  alcoholic  beverages  in  New
    47  York, including but not limited to: (i) the amount of alcoholic beverag-
    48  es  being sold in the state; (ii) the distribution of sales of alcoholic
    49  beverages in the state to consumers by both on and off premises  retail-
    50  ers;  (iii)  the levels of production of alcoholic beverages by manufac-

        S. 8005--C                         16                         A. 9005--C
 
     1  turers in the state and how much of that production is sold in the state
     2  versus how much is exported; (iv)  the  amount  of  alcoholic  beverages
     3  imported  into  the  state; and (v) the revenues earned by the state and
     4  localities  from  excise  taxes on alcohol as well as sales taxes on the
     5  sale of alcoholic beverages;
     6    (b) The relative health of the various sectors of the alcoholic bever-
     7  age market in New York, including but not limited to:  (i)  the  general
     8  financial  state of the on and off premises retailers, including package
     9  stores, restaurants, bars  and  taverns,  convenience  stores,  bodegas,
    10  grocery  stores,  or  other  licensed  retail entities; (ii) the general
    11  financial state of beer and wine  and  liquor  distributors;  (iii)  the
    12  general  financial  state of manufacturers and farm manufacturers in the
    13  state; and (iv) an examination of tax credits associated with production
    14  and tastings for parity between alcoholic beverage types;
    15    (c) Amendments to the law, increases in resources available for admin-
    16  istering existing laws and rules, and new state liquor  authority  prac-
    17  tices  that  would lessen processing times for the issuance of licenses,
    18  license renewals, and permit applications; review of laws against under-
    19  age consumption of alcohol and the enforcement mechanisms utilized;  the
    20  overall  impact  of  laws and corresponding state liquor authority regu-
    21  lations on the numerous sectors of the industry; and  whether  New  York
    22  should  consider  adopting  a  "control state" model or other regulatory
    23  model; and
    24    (d) Specific privileges to sell different types of alcoholic beverages
    25  and other items granted to retail licensees and the effect changing such
    26  privileges would have on the various types of retailers; the  number  of
    27  off  premises  retail  licenses  an  individual may be granted for beer,
    28  wine, or liquor; the ability of licensees  to  form  purchasing  cooper-
    29  atives,  and the effects such cooperatives would have on the rest of the
    30  market; the authorization of direct sales to consumers by manufacturers,
    31  and the effect direct sales would have on the  rest  of  the  market;  a
    32  review  of  the  hours and manner in which retailers can operate or sell
    33  different types of beverages; potential barriers to market entry for new
    34  businesses by sector; and any other issues deemed necessary  and  appro-
    35  priate to include by members of this commission.
    36    §  2.  (a)  The  commission  shall  consist of twenty-one members. The
    37  members shall consist of the chairman of the state liquor authority  who
    38  shall serve as the chair of the commission, the commissioner of taxation
    39  and  finance  or  their  representative, the superintendent of the state
    40  police or their representative, the director  of  the  division  of  the
    41  budget  or  their  representative,  the  chief  executive officer of the
    42  empire  state  development  corporation  or  their  representative,  ten
    43  members  appointed  by the governor, two members appointed by the tempo-
    44  rary president of the senate, two members appointed by  the  speaker  of
    45  the assembly, one member appointed by the minority leader of the senate,
    46  and  one member appointed by the minority leader of the assembly. Of the
    47  members appointed by the governor and legislature, to the extent practi-
    48  cable, there shall be a diverse representation of the following  sectors
    49  of  the  alcoholic  beverage  market from throughout the state:  restau-
    50  rants, package stores, bars and  taverns,  convenience  stores,  grocery
    51  stores, beer wholesalers, wine and liquor wholesalers, breweries includ-
    52  ing  farm  breweries,  wineries  including  farm  wineries, distilleries
    53  including farm distilleries, and cideries including farm cideries.
    54    (b) The members of the commission shall serve at the pleasure of their
    55  appointing authority. Vacancies in  the  membership  of  the  commission
    56  shall be filled in the same manner as the original appointments. Member-

        S. 8005--C                         17                         A. 9005--C
 
     1  ship  on  the  commission shall not constitute a public office. Appoint-
     2  ments shall be made within 60 days of the effective date  of  this  act.
     3  The chairman may call for a meeting of the commission before all members
     4  are  appointed,  but  no sooner than 60 days after the effective date of
     5  this act.
     6    § 3. The commission shall make recommendations on  amendments  to  the
     7  alcoholic  beverage  control law and state liquor authority regulations,
     8  which will be included in the final report  issued  by  the  commission.
     9  Recommendations shall be made based on a majority vote of the members of
    10  the  commission. The report shall include the reasons for each recommen-
    11  dation, as well as any dissenting comments by those who voted against  a
    12  specific recommendation.
    13    §  4.  The members of the commission shall receive no compensation for
    14  their services, but shall be allowed their  actual,  necessary  expenses
    15  incurred in the performance of their duties hereunder.
    16    §  5.  The commission may employ and at pleasure remove such personnel
    17  as it may deem necessary for the  performance  of  its  functions.  Such
    18  commission  may  meet  and hold public and/or private hearings within or
    19  without the state, and shall  have  all  the  powers  of  a  legislative
    20  committee  pursuant  to the legislative law. The commission shall not be
    21  deemed an agency or public body for purposes of the public officers law.
    22  The members of the commission shall not be required to file a  financial
    23  disclosure statement under section 73-a of the public officers law.
    24    §  6.  For the accomplishment of its purposes, the commission shall be
    25  authorized and empowered to undertake any studies, inquiries, surveys or
    26  analyses it may deem relevant in cooperation with, or by agreement with,
    27  any other public or private agency or entity.
    28    § 7. The commission shall issue a final report no later  than  May  1,
    29  2023.  The  report  shall  include recommendations by the commission for
    30  amendments to the  alcoholic  beverage  control  law  and  state  liquor
    31  authority  regulations.  The  commission  shall  issue its report to the
    32  governor, the speaker of the assembly, the minority leader of the assem-
    33  bly, the temporary president of the senate, the minority leader  of  the
    34  senate, the chair of the senate investigations and government operations
    35  committee, the chair of the assembly economic development committee, and
    36  the  chair of the senate commerce, economic development, and small busi-
    37  ness committee.
    38    § 8. This act shall take effect immediately and shall  expire  and  be
    39  deemed repealed May 2, 2023.
 
    40                                   PART HH
 
    41    Section  1.  Subdivision  2  of  section  8-400 of the election law is
    42  amended by adding a new paragraph (e) to read as follows:
    43    (e) When mailing an absentee ballot application to a voter  the  board
    44  of elections shall provide a domestic postage paid return envelope. When
    45  providing an absentee ballot application to a voter in-person, the board
    46  of elections shall offer the voter a domestic postage paid return envel-
    47  ope and provide one if requested.
    48    §  2.  Section 8-406 of the election law, as amended by chapter 296 of
    49  the laws of 1988, is amended to read as follows:
    50    § 8-406. Absentee ballots, delivery of. 1. If  the  board  shall  find
    51  that  the  applicant  is  a  qualified  voter  of  the election district
    52  containing his residence as stated in his statement and that his  state-
    53  ment is sufficient, it shall, as soon as practicable after it shall have
    54  determined  his  right  thereto, mail to him at an address designated by

        S. 8005--C                         18                         A. 9005--C
 
     1  him, or deliver to him, or to any person designated for such purpose  in
     2  writing  by  him,  at  the office of the board, such an absentee voter's
     3  ballot or set of ballots and an envelope  therefor.  If  the  ballot  or
     4  ballots  are  to be sent outside of the United States to a country other
     5  than Canada or Mexico, such ballot or ballots shall be sent by air mail.
     6  However, if an applicant who is eligible for an  absentee  ballot  is  a
     7  resident  of  a facility operated or licensed by, or under the jurisdic-
     8  tion of, the department of mental hygiene, or a resident of  a  facility
     9  defined  as  a nursing home or residential health care facility pursuant
    10  to subdivisions two and three of section two thousand eight hundred  one
    11  of  the public health law, or a resident of a hospital or other facility
    12  operated by the Veteran's Administration  of  the  United  States,  such
    13  absentee ballot need not be so mailed or delivered to any such applicant
    14  but,  may  be delivered to the voter in the manner prescribed by section
    15  8-407 of this chapter if such facility is located in the county or  city
    16  in which such voter is eligible to vote.
    17    2.  When  mailing an absentee ballot to a voter the board of elections
    18  shall provide a domestic postage paid return envelope. When providing an
    19  absentee ballot to a voter in-person, the board of elections shall offer
    20  the voter a domestic postage paid return envelope  and  provide  one  if
    21  requested.
    22    § 3. This act shall take effect July 1, 2022.
 
    23                                   PART II
 
    24    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
    25  legislative  law and the state finance law relating to the operation and
    26  administration of the legislature, as amended by section 1 of  part  MMM
    27  of chapter 59 of the laws of 2021, is amended to read as follows:
    28    §  13.  This  act shall take effect immediately and shall be deemed to
    29  have been in full force and effect as of April 1, 1994,  provided  that,
    30  the  provisions  of  section  5-a  of  the legislative law as amended by
    31  sections two and two-a of this act shall take effect on January 1, 1995,
    32  and provided further that, the provisions of article 5-A of the legisla-
    33  tive law as added by section eight of this act  shall  expire  June  30,
    34  [2022]  2023 when upon such date the provisions of such article shall be
    35  deemed repealed; and provided further that section twelve  of  this  act
    36  shall be deemed to have been in full force and effect on and after April
    37  10, 1994.
    38    § 2. This act shall not supersede the findings and determinations made
    39  by  the  compensation  committee  as  authorized pursuant to part HHH of
    40  chapter 59 of the laws of 2018 unless a court of competent  jurisdiction
    41  determines  that  such findings and determinations are invalid or other-
    42  wise not applicable or in force.
    43    § 3. This act shall take effect  immediately,  provided,  however,  if
    44  this  act shall take effect on or after June 30, 2022, this act shall be
    45  deemed to have been in full force and effect on and after June 30, 2022.
 
    46                                   PART JJ
 
    47    Section 1. The legislative law is amended by adding a new section 83-n
    48  to read as follows:
    49    § 83-n. Legislative commission on the future of the Long Island  Power
    50  Authority. 1. The legislature hereby finds and declares that chapter 517
    51  of the laws of 1986 created the Long Island Power Authority (LIPA). Said
    52  authority  was  created,  in  part,  because the decisions by LILCO, the

        S. 8005--C                         19                         A. 9005--C
 
     1  private utility that provided electricity to Long  Island  and  part  of
     2  Queens,  "to  commence  construction of the Shoreham nuclear power plant
     3  and thereafter to continue such construction were  imprudent".  Further,
     4  the  legislature  found in chapter 517 of the laws of 1986 that "a situ-
     5  ation threatening the economy, health and safety exists in  the  service
     6  area". One of the two express purposes of the act was the closure of the
     7  Shoreham  nuclear power plant. In 1992, LIPA bought the Shoreham nuclear
     8  power plant. The plant was fully decommissioned in 1994.
     9    The second purpose of such chapter 517 was to  replace  LILCO  with  a
    10  publicly  owned  power authority. The legislature found that "There is a
    11  lack of confidence that the needs of the residents and of  commerce  and
    12  industry  in the service area for electricity can be supplied in a reli-
    13  able, efficient and economic manner by the Long Island lighting  company
    14  (hereinafter referred to as "LILCO")" and "Such matters of state concern
    15  best  can  be dealt with by replacing such investor owned utility with a
    16  publicly owned power authority."
    17    In 1995, LIPA replaced LILCO as the electric company for  its  service
    18  area.  However,  LIPA  was  never  established as a true "publicly owned
    19  power authority" as originally  envisioned  by  the  State  Legislature.
    20  Rather,  since  1995,  LIPA has opted for a third-party management model
    21  whereby LIPA contracts its responsibility to manage  the  utility  to  a
    22  private, investor owned utility company.
    23    LIPA is the only utility in the nation that is operated under a third-
    24  party  management model. This model has repeatedly failed its customers.
    25  There has been a lack of transparency,  oversight,  and  accountability.
    26  This  failure  has  been most dramatically evidenced in the unacceptable
    27  storm response by LIPA and its third-party contractors during Superstorm
    28  Sandy in 2012 and Tropical Storm Isaias in 2020.
    29    After more than 25 years of unsatisfactory management under the third-
    30  party management model, a better alternative must be  implemented.  That
    31  inquiry  must  begin with the original intent of chapter 517 of the laws
    32  of 1986, whereby LIPA was to directly manage and operate the utility  as
    33  a true public power utility.  Initial investigations by LIPA after Trop-
    34  ical  Storm Isaias in 2020-2021 indicate that both ratepayer savings and
    35  increased management efficiencies could be achieved through  the  public
    36  power model.
    37    Consequently,  it  is  the  purpose  of  this section to implement the
    38  original vision for LIPA intended by chapter 517 of the laws of 1986, as
    39  a publicly owned power  company.    The  legislature  hereby  creates  a
    40  commission  to provide the legislature with the specific actions, legis-
    41  lation, and timeline necessary to restructure LIPA into a true  publicly
    42  owned  power  authority.  The public must participate in that process so
    43  that the new LIPA becomes transparent with proper oversight and account-
    44  ability. The legislative commission shall submit its final report to the
    45  legislature no later than April first, two thousand twenty-three.
    46    2. A legislative commission is hereby established to  investigate  and
    47  report  to  the legislature on the establishment of a public power model
    48  for the operation of LIPA, whereby the authority would directly  operate
    49  the  utility  as  a  true  public  power authority. The commission shall
    50  report to the legislature on  the  specific  actions,  legislation,  and
    51  timeline  necessary to restructure LIPA into a true publicly owned power
    52  authority.  The commission shall consider: (a) the method of  governance
    53  of  the public authority; (b) improved transparency, accountability, and
    54  public involvement; (c) improved reliability  of  the  system;  (d)  the
    55  impact  on  electric  rates; (e) improved storm response; (f) the powers
    56  required by LIPA to more effectively operate the utility; (g) the  over-

        S. 8005--C                         20                         A. 9005--C
 
     1  sight  role  of  the department of public service and the public service
     2  commission over LIPA's operation; (h)  the  impact  on  existing  bonded
     3  indebtedness;  (i)  improved  long  term energy planning; (j) compliance
     4  with  the  goals  of the New York state climate leadership and community
     5  protection act; (k) increased reliance on renewable  energy  sources  to
     6  produce electricity; (l) taxation and payments in lieu of taxes; (m) the
     7  special  needs  of  communities  that  are  or have been impacted by the
     8  siting of power generating facilities; and (n) any other matter relevant
     9  to the establishment of a public power model for the operation of  LIPA.
    10  In  its  report to the legislature, the commission shall provide for the
    11  implementation of the public power model by LIPA no later than  December
    12  thirty-first, two thousand twenty-five.
    13    3.  The  commission  shall consist of eight members to be appointed as
    14  follows: three members of the senate shall be appointed by the temporary
    15  president of  the  senate;  three  members  of  the  assembly  shall  be
    16  appointed by the speaker of the assembly; one member of the senate shall
    17  be appointed by the minority leader of the senate; and one member of the
    18  assembly shall be appointed by the minority leader of the assembly.  Any
    19  vacancy that occurs in the commission shall be filled in the same manner
    20  in  which the original appointment was made. Co-chairs of the commission
    21  shall be designated by the temporary president of  the  senate  and  the
    22  speaker  of  the assembly, respectively. No member, officer, or employee
    23  of the commission shall be disqualified from holding  any  other  public
    24  office  or  employment,  nor  shall he or she forfeit any such office or
    25  employment by reason of his or her appointment hereunder,  notwithstand-
    26  ing  the provisions of any general, special, or local law, ordinance, or
    27  city charter.
    28    4. The commission shall establish an advisory  committee  to  actively
    29  assist  and advise the commission in the preparation of the public power
    30  report required to be prepared pursuant to this section.  The  committee
    31  shall  consist  of not more than fifteen members which shall include but
    32  not be limited to  representatives  of  organizations  and  institutions
    33  representing  business,  labor,  local  government,  Indian  nations and
    34  tribes, economic development,  environmental,  energy,  social  justice,
    35  consumer,  civic,  school  districts  or higher education interests. The
    36  committee by a majority vote shall elect a chairperson.  The  commission
    37  shall  meet  periodically  with  the  advisory committee, make available
    38  working draft and other documents, and shall  provide  services  to  the
    39  advisory  committee  as  are  necessary and appropriate to carry out its
    40  functions under this section. Members of the advisory committee shall be
    41  residents of the service area.
    42    5. The commission may employ and at pleasure remove such personnel  as
    43  it  may deem necessary for the performance of the commission's functions
    44  and fix their compensation within the amount appropriated therefor.  The
    45  commission  may  hold public and private hearings and otherwise have all
    46  of the powers of a legislative committee under this chapter. The members
    47  of the commission shall receive  no  compensation  for  their  services,
    48  except as provided pursuant to section five-a of this chapter, but shall
    49  be  allowed their actual and necessary expenses incurred in the perform-
    50  ance of their duties hereunder.
    51    6. Employees of the commission shall be considered to be employees  of
    52  the legislature for all purposes.
    53    7.  The commission may request and shall receive from any subdivision,
    54  department, board, bureau, commission, office, agency or  other  instru-
    55  mentality  of the state or of any political subdivision thereof, includ-
    56  ing but not limited to the department of public service and  the  public

        S. 8005--C                         21                         A. 9005--C
 
     1  service  commission,  such  facilities,  assistance and data as it deems
     2  necessary or desirable for  the  proper  execution  of  its  powers  and
     3  duties.  The  office  of  the  state comptroller may, at its discretion,
     4  provide  to  the commission such facilities, assistance, and data as may
     5  be requested by the commission.
     6    8. The commission is hereby authorized and empowered to make and  sign
     7  any  agreements,  and  to do and perform any acts that may be necessary,
     8  desirable or proper to carry out the purposes and objectives  set  forth
     9  in this section.
    10    9. The commission shall hold at least one public hearing with a public
    11  comment  period  in  each of the counties comprising the service area of
    12  the Long Island Power Authority on the establishment of public power  by
    13  September  thirtieth, two thousand twenty-two and before issuing a draft
    14  report.
    15    10. No later than December thirty-first, two thousand twenty-two,  the
    16  commission  shall issue a draft report to the members of the legislature
    17  regarding the establishment of a public power model for the Long  Island
    18  Power  Authority.  The commission shall hold at least one public hearing
    19  with a public comment period in each  of  the  counties  comprising  the
    20  service  area  of the Long Island Power Authority on the draft report no
    21  later than February fifteenth,  two  thousand  twenty-three  and  before
    22  issuing a final report.
    23    11. No later than February first, two thousand twenty-three, the comp-
    24  troller  shall  have the discretion to review the draft report and issue
    25  to  the  legislature  any  recommendations  relative  to  the   findings
    26  contained  in  the  draft report which relates to the establishment of a
    27  public power model for the Long Island Power Authority.
    28    12. No later than April first, two thousand twenty-three, the  commis-
    29  sion  shall  issue  a  final  report  to  the members of the legislature
    30  regarding the establishment of a public power model for the Long  Island
    31  Power  Authority.  Such report shall provide any legislation required to
    32  implement the public power model.
    33    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    34  sion, section or part of this act shall be  adjudged  by  any  court  of
    35  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    36  impair, or invalidate the remainder thereof, but shall  be  confined  in
    37  its  operation  to the clause, sentence, paragraph, subdivision, section
    38  or part thereof directly involved in the controversy in which such judg-
    39  ment shall have been rendered. It is hereby declared to be the intent of
    40  the legislature that this act would  have  been  enacted  even  if  such
    41  invalid provisions had not been included herein.
    42    §  3.  This act shall take effect immediately; provided, however, that
    43  the amendments to article 5-A of the legislative law made by section one
    44  of this act shall survive the repeal of  such  article  as  provided  in
    45  section 13 of chapter 141 of the laws of 1994, as amended.
 
    46                                   PART KK
 
    47    Section  1.  Subdivision  4  of section 209-b of the general municipal
    48  law, as amended by chapter 476 of the laws of 2018, is amended  to  read
    49  as follows:
    50    4.  Fees and charges [prohibited] authorized.  [Emergency] (a) Subject
    51  to the restrictions set forth in  paragraph  (d)  of  this  subdivision,
    52  emergency  and  general  ambulance  service, including emergency medical
    53  service as defined in section three thousand one of  the  public  health
    54  law,  authorized pursuant to this section [shall] may be furnished with-

        S. 8005--C                         22                         A. 9005--C

     1  out cost to the person served; provided, however, that  the  authorities
     2  having control of a fire department or fire company that have authorized
     3  such fire department or fire company to provide such service or services
     4  may  fix  a schedule of fees or charges to be paid by persons requesting
     5  such service or services. The  authorities  having  control  of  a  fire
     6  department  or  fire  company may provide for the collection of fees and
     7  charges or may formulate rules and regulations for the collection there-
     8  of by the fire department or fire company. When  fees  and  charges  are
     9  authorized  pursuant to this subdivision, the fees and charges collected
    10  shall be disbursed in accordance with a written  contract  entered  into
    11  between the authority having control of a fire department or fire compa-
    12  ny  and  the  fire department or fire company itself. If the authorities
    13  having control of a fire department or fire company have authorized such
    14  fire department or fire company to fix a schedule of fees or charges  to
    15  be paid by persons requesting such service or services, and seek partic-
    16  ipation  in  and  reimbursement from the medical assistance program, the
    17  authorities having control of a fire department or  fire  company  shall
    18  adhere  to  any  medical  assistance enrollment and billing requirements
    19  applicable to  such  services  prior  to  receiving  reimbursement.  The
    20  acceptance  by any firefighter of any personal remuneration or gratuity,
    21  directly or indirectly, from a person served shall be a ground  for  his
    22  or  her  expulsion  or  suspension as a member of the fire department or
    23  fire company.
    24    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    25  sion,  a basic life support service which establishes a schedule of fees
    26  for service shall enter into a contract with a provider or providers  of
    27  advanced  life  support  services  to provide such advanced life support
    28  services. Such contract shall  at  a  minimum  establish  the  fees  for
    29  advanced life support services and the means by which said provider will
    30  be  reimbursed  when  the  ambulance service bills for emergency medical
    31  service.
    32    (c) An emergency and general ambulance  service,  including  emergency
    33  medical  service  as defined in section three thousand one of the public
    34  health law, authorized pursuant to this section which does not  issue  a
    35  bill  for its services and which requests an Advanced Life Support (ALS)
    36  intercept from another ambulance service furnishing service in  an  area
    37  that  is  designated  as  a  rural  area by any law or regulation of the
    38  state, or that is located in a rural  census  tract  of  a  metropolitan
    39  statistical  area (as determined under the most recent Goldsmith Modifi-
    40  cation), shall pay the ambulance service providing the ALS intercept  an
    41  ALS  Rural  Intercept  Fee  at rates negotiated between the providers of
    42  such services. In the absence of any  agreed  upon  rates,  the  service
    43  receiving  such  ALS  intercept  shall pay the service providing the ALS
    44  intercept for such services at the usual  and  customary  charge,  which
    45  shall not be excessive or unreasonable.
    46    (d)  An  emergency  and general ambulance service, including emergency
    47  medical service as defined in section three thousand one of  the  public
    48  health  law,  authorized  pursuant  to this section to fix a schedule of
    49  fees or charges to  be  paid  by  persons  requesting  such  service  or
    50  services,  may  apply  such  fees and charges only within such service's
    51  primary response territory as assigned and evidenced by  a  valid  ambu-
    52  lance  service certificate issued by the commissioner of health pursuant
    53  to section three thousand five of the public health law,  on  or  before
    54  January first, two thousand twenty-two.
    55    (e)  An  emergency  and general ambulance service, including emergency
    56  medical service as defined in section three thousand one of  the  public

        S. 8005--C                         23                         A. 9005--C
 
     1  health law, authorized pursuant to this section shall not directly issue
     2  a bill for its services to any uninsured recipient of such services.
     3    §  2.  Paragraph  (e) of subdivision 1 of section 122-b of the general
     4  municipal law, as amended by chapter 303 of the laws of 1980, is amended
     5  to read as follows:
     6    (e) [No] A contract [shall]  may  be  entered  into  pursuant  to  the
     7  provisions  of  this section for the services of an emergency rescue and
     8  first aid squad of a fire department or fire company which is subject to
     9  the provisions of section two hundred nine-b of [the  general  municipal
    10  law] this chapter;
    11    § 3. Subdivision 1 of section 184 of the town law, as amended by chap-
    12  ter 599 of the laws of 1994, is amended to read as follows:
    13    1.  Whenever  the town board shall have established or extended a fire
    14  protection district pursuant to the provisions of this article, the town
    15  board shall provide for the furnishing of  fire  protection  within  the
    16  district  and  for that purpose may (a) contract with any city, village,
    17  fire district or incorporated  fire  company  maintaining  adequate  and
    18  suitable  apparatus and appliances for the furnishing of fire protection
    19  in such district or (b) may acquire by gift or purchase  such  apparatus
    20  and  appliances for use in such district and may contract with any city,
    21  village, fire district or incorporated fire company for operation, main-
    22  tenance, and  repair  of  the  same  and  for  the  furnishing  of  fire
    23  protection  in such district, or both. The contract may also provide for
    24  the furnishing of (1) emergency service in case of accidents, calamities
    25  or other emergencies in connection with which the services of firefight-
    26  ers would be required and (2) general ambulance service subject,  howev-
    27  er,  to  the  provisions  of  section  two hundred nine-b of the general
    28  municipal law. In the event that the fire  department  or  fire  company
    29  furnishing fire protection within the district pursuant to contract does
    30  not  maintain  and  operate an ambulance then a separate contract may be
    31  made for the furnishing  within  the  district  of  emergency  ambulance
    32  service or general ambulance service, or both, with any city, village or
    33  fire district the fire department of which, or with an incorporated fire
    34  company  having  its  headquarters outside the district which, maintains
    35  and operates an ambulance subject, however, in the case of general ambu-
    36  lance service, to the provisions of section two hundred  nine-b  of  the
    37  general municipal law, or with an ambulance service, certified or regis-
    38  tered pursuant to article thirty of the public health law[, which is not
    39  organized  under  the  provisions  of  section two hundred nine-b of the
    40  general municipal law].  Any  such  contract  with  any  such  ambulance
    41  service  permitted  herein  shall  be  subject to the provisions of this
    42  section.
    43    § 4. This act shall take effect on the ninetieth day  after  it  shall
    44  have  become a law and shall apply to health care claims submitted on or
    45  after such date; provided, however, that this act shall  expire  and  be
    46  deemed repealed four years after it shall have become a law.
 
    47                                   PART LL
 
    48    Section  1.    This act shall be known and may be cited as the "Nassau
    49  county transparency and accountability act of 2022".
    50    § 2. Subdivision 7 of section 3653 of the public authorities  law,  as
    51  added by chapter 84 of the laws of 2000, is amended to read as follows:
    52    7.  At least annually, commencing no more than one year after the date
    53  on which authority bonds are first issued, the authority shall report to
    54  the county executive, county legislature, the  county  comptroller,  the

        S. 8005--C                         24                         A. 9005--C
 
     1  director of the budget, the speaker of the assembly, the temporary pres-
     2  ident  of  the senate and the state comptroller on the costs financed by
     3  the authority and the amount of such financing for each such  cost  over
     4  the past year.
     5    §  3.  Subdivisions  2, 3, 4, 5, 6 and 7 of section 3668 of the public
     6  authorities law are renumbered subdivisions 4, 5, 6, 7, 8 and 9 and  two
     7  new subdivisions 2 and 3 are added to read as follows:
     8    2.  conduct  audits of the Nassau county industrial development agency
     9  established pursuant to section nine hundred twenty-two of  the  general
    10  municipal  law,  the  Nassau county off-track betting corporation estab-
    11  lished pursuant to article five of the racing, pari-mutuel wagering  and
    12  breeding  law,  and  the  Nassau  university  medical center established
    13  pursuant to section three thousand four hundred  two  of  this  chapter;
    14  provided,  however, that such audits shall to be completed no later than
    15  December thirty-first, two thousand twenty-two, and shall continue on  a
    16  biennial basis for subsequent years thereafter. The authority shall make
    17  its  audit findings publicly available on its website and provide copies
    18  of its respective reports to the governor, temporary  president  of  the
    19  senate, speaker of the assembly, and authorities budget office;
    20    3. investigate, within the county and covered organizations, potential
    21  violations  of  the  provisions of this chapter, fiscal mismanagement or
    22  systemic negligence; provided further that the authority  shall  provide
    23  an  annual  report  to  the governor, temporary president of the senate,
    24  speaker of the assembly, and authorities budget  office  detailing  such
    25  investigations;
    26    § 4. This act shall take effect immediately.
    27    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    28  sion,  section  or  part  of  this act shall be adjudged by any court of
    29  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    30  impair,  or  invalidate  the remainder thereof, but shall be confined in
    31  its operation to the clause, sentence, paragraph,  subdivision,  section
    32  or part thereof directly involved in the controversy in which such judg-
    33  ment shall have been rendered. It is hereby declared to be the intent of
    34  the  legislature  that  this  act  would  have been enacted even if such
    35  invalid provisions had not been included herein.
    36    § 3. This act shall take effect immediately  provided,  however,  that
    37  the applicable effective date of Parts A through LL of this act shall be
    38  as specifically set forth in the last section of such Parts.
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