A09505 Summary:

BILL NOA09505D
 
SAME ASSAME AS UNI. S07505-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 2018-2019 state fiscal year; relates to pre-criminal proceeding settlements in the city of New York (Part F); relates to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part M); establishes the armory rental account fund; and relates to the effectiveness of certain provisions relating to military funds of the organized militia (Part O); relates to the effectiveness of certain provisions relating to the extension of the state commission on the restoration of the capitol (Part T); establishes the parking services fund, the solid waste fund, and the special events fund (Part V); creates the New York state secure choice savings program act (Part X); establishes that "municipalities" shall include towns created on or before December thirty-first, two thousand seventeen (Part CC); relates to the election of one or more town justices for two or more towns (Part DD); creates county-wide shared services panels in each county consisting of the county CEO and one representative from each city, town, and village in such county (Part EE); relates to the town of Islip resource recovery agency (Part FF); establishes incapacity to consent when a person is under arrest, in detention, or otherwise in actual custody (Part JJ); authorizes the dormitory authority to construct and finance certain juvenile detention facilities (Part LL); relates to plans for representation of persons accused of a crime or certain parties in family court or surrogate's court (Part MM); establishes the crimes of coercion in the second and third degree (Part NN); establishes the New York state 2020 complete count commission and provides for its power and duties (Part OO).
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A09505 Actions:

BILL NOA09505D
 
01/18/2018referred to ways and means
02/16/2018amend (t) and recommit to ways and means
02/16/2018print number 9505a
03/13/2018amend (t) and recommit to ways and means
03/13/2018print number 9505b
03/14/2018amend (t) and recommit to ways and means
03/14/2018print number 9505c
03/28/2018amend (t) and recommit to ways and means
03/28/2018print number 9505d
03/29/2018reported referred to rules
03/29/2018reported
03/29/2018rules report cal.18
03/29/2018ordered to third reading rules cal.18
03/29/2018message of necessity - 3 day message
03/29/2018passed assembly
03/29/2018delivered to senate
03/29/2018REFERRED TO FINANCE
03/29/2018SUBSTITUTED FOR S7505C
03/29/20183RD READING CAL.733
03/29/2018MESSAGE OF NECESSITY - 3 DAY MESSAGE
03/29/2018PASSED SENATE
03/29/2018RETURNED TO ASSEMBLY
04/02/2018delivered to governor
04/12/2018signed chap.55
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A09505 Committee Votes:

WAYS AND MEANS Chair:Weinstein DATE:03/29/2018AYE/NAY:25/9 Action: Favorable refer to committee Rules
WeinsteinAyeOaksNay
LentolAyeCrouchNay
SchimmingerAyeBarclayNay
GanttExcusedFitzpatrickNay
GlickAyeHawleyNay
NolanAyeMalliotakisNay
PretlowAyeWalterNay
PerryAyeMontesanoAye
ColtonAyeCurranNay
CookAyeRaNay
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
Peoples-StokesAye
SimotasAye

RULES Chair:Heastie Message of Necessity DATE:03/29/2018AYE/NAY:20/7 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeOaksNay
LentolAyeButlerExcused
GanttExcusedCrouchNay
NolanAyeFinchNay
WeinsteinAyeBarclayNay
HooperAyeRaiaNay
OrtizAyeHawleyNay
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzExcused
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinExcused
TitusAye
Peoples-StokesAye
BenedettoAye

RULES Chair:Heastie DATE:03/29/2018AYE/NAY:20/7 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeOaksNay
LentolAyeButlerExcused
GanttExcusedCrouchNay
NolanAyeFinchNay
WeinsteinAyeBarclayNay
HooperAyeRaiaNay
OrtizAyeHawleyNay
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzExcused
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinExcused
TitusAye
Peoples-StokesAye
BenedettoAye

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A09505 Floor Votes:

DATE:03/29/2018Assembly Vote  YEA/NAY: 115/21
AbbateYCrouchNOGuntherYMayerYPichardoYTaylorY
AbinantiYCurranYHarrisYMcDonaldYPretlowYThieleY
ArroyoYCusickYHawleyNOMcDonoughERQuartYTitoneY
AubryYCymbrowitzYHevesiYMill B YRaYTitusY
BarclayNODavilaYHikindERMill MGYRaiaYVanelY
BarnwellYDe La RosaYHooperYMill MLYRamosYWalkerY
BarrettYDenDekkerYHunterYMontesanoYRichardsonYWallaceY
BarronNODickensYHyndmanYMorelleYRiveraYWalshNO
BenedettoYDilanYJaffeeYMorinelloNORodriguezYWalterNO
BichotteYDinowitzYJean-PierreYMosleyYRose D YWeinsteinY
BlakeYDiPietroNOJenneYMurrayYRose L YWeprinY
BlankenbushNOD'UrsoYJohnsYNiouYRozicYWilliamsY
BrabenecYEnglebrightYJonesYNolanYRyanYWoernerY
BraunsteinYErrigoNOJoynerYNorrisNOSantabarbaraYWrightY
BrindisiYFahyYKimYOaksNOSchimmingerYZebrowskiY
BronsonYFinchYKolbNOO'DonnellYSeawrightYMr SpkrY
BuchwaldYFitzpatrickYLalorNOOrtizYSepulvedaY
ButlerERFriendNOLavineYOtisYSimonY
ByrneNOGalefYLawrenceNOPalmesanoYSimotasY
CahillYGanttERLentolYPalumboYSkartadosER
CarrollYGarbarinoYLiftonYPaulinYSkoufisY
CastorinaNOGiglioYLupardoYPellegrinoYSolagesY
ColtonYGlickYMageeYPeoples-StokesYStecNO
CookYGoodellNOMagnarelliYPerryYSteckY
CrespoYGottfriedYMalliotakisNOPheffer AmatoYStirpeY

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A09505 Memo:

Memo not available
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A09505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7505--C                                            A. 9505--D
 
                SENATE - ASSEMBLY
 
                                    January 18, 2018
                                       ___________
 
        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 -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee

        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted (Part C); intentionally omitted (Part D); inten-
          tionally omitted (Part E); to amend the  criminal  procedure  law,  in
          relation  to  pre-criminal  proceeding  settlements in the city of New
          York; and providing for the repeal of such provisions upon  expiration
          thereof  (Part F); intentionally omitted (Part G); intentionally omit-
          ted (Part H); intentionally omitted (Part  I);  intentionally  omitted
          (Part  J); intentionally omitted (Part K); intentionally omitted (Part
          L); to amend the tax law, in relation to suspending  the  transfer  of
          monies into the emergency services revolving loan fund from the public
          safety  communications  account  (Part M); intentionally omitted (Part
          N); to amend the state finance law and the military law,  in  relation
          to  establishing  the armory rental account fund; and to amend chapter
          152 of the laws of 2001 amending the military law relating to military
          funds of the organized militia, in relation to the effectiveness ther-
          eof (Part O); intentionally omitted (Part  P);  intentionally  omitted
          (Part  Q); intentionally omitted (Part R); intentionally omitted (Part
          S); to amend chapter 303 of the laws of 1988 relating to the extension
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-06-8

        S. 7505--C                          2                         A. 9505--D
 
          of the state commission on the restoration of the capitol, in relation
          to extending such provisions for an additional five  years  (Part  T);
          intentionally  omitted  (Part  U);  to amend the state finance law, in
          relation  to  establishing  the parking services fund, the solid waste
          fund, and the special events  fund  (Part  V);  intentionally  omitted
          (Part W); to amend the general business law and the state finance law,
          in  relation  to  enacting  the  New  York state secure choice savings
          program act (Part X); intentionally omitted  (Part  Y);  intentionally
          omitted (Part Z); intentionally omitted (Part AA); intentionally omit-
          ted  (Part  BB);  to  amend  the state finance law, in relation to the
          citizen empowerment tax credit (Part CC); to amend the uniform justice
          court act, in relation to the election of one or  more  town  justices
          for  two  or more towns (Part DD); to amend the general municipal law,
          in relation to county-wide shared services panels (Part EE); to  amend
          the  public authorities law, in relation to the town of Islip resource
          recovery agency (Part FF); intentionally  omitted  (Part  GG);  inten-
          tionally  omitted (Part HH); intentionally omitted (Part II); to amend
          the penal law, in relation to establishing incapacity to consent  when
          a person is under arrest, in detention, or otherwise in actual custody
          (Part  JJ);  intentionally  omitted  (Part  KK);  to  amend the public
          authorities law, in relation to authorizing the dormitory authority to
          construct and finance certain juvenile detention facilities (Part LL);
          to amend the county law, in relation to plans  for  representation  of
          persons  accused  of  a  crime  or  certain parties in family court or
          surrogate's court (Part MM); to amend  the  penal  law,  the  criminal
          procedure  law  and  the family court act, in relation to the crime of
          coercion in the second and third degree (Part NN);  and  to  establish
          the  New  York  state 2020 complete count commission and providing for
          its powers and duties (Part OO)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2018-2019
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through OO. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the
    10  Part  in  which  it  is  found. Section three of this act sets forth the
    11  general effective date of this act.
 
    12                                   PART A
 
    13                            Intentionally Omitted
 
    14                                   PART B
 
    15                            Intentionally Omitted
 
    16                                   PART C

        S. 7505--C                          3                         A. 9505--D
 
     1                            Intentionally Omitted
 
     2                                   PART D
 
     3                            Intentionally Omitted
 
     4                                   PART E
 
     5                            Intentionally Omitted
 
     6                                   PART F

     7    Section  1. Title H of part 2 of the criminal procedure law is amended
     8  by adding a new article 95 to read as follows:
     9                                 ARTICLE 95
    10                     PRE-CRIMINAL PROCEEDING SETTLEMENTS
    11  Section 95.00 Pre-criminal proceeding settlement.
    12  § 95.00 Pre-criminal proceeding settlement.
    13    When a county district attorney of a county located in a city  of  one
    14  million  or  more  recovers  monies  before  the filing of an accusatory
    15  instrument as defined in subdivision one of section 1.20 of  this  chap-
    16  ter,  after  injured  parties  have  been appropriately compensated, the
    17  district attorney's office shall retain a percentage  of  the  remaining
    18  such  monies  in recognition that such monies were recovered as a result
    19  of investigations undertaken by such office. For each recovery the total
    20  amount of such monies to be retained by the county  district  attorney's
    21  office  shall equal ten percent of the first twenty-five million dollars
    22  received by such office, plus seven and one-half percent of such  monies
    23  received  by  such  office  in excess of twenty-five million dollars but
    24  less than fifty million dollars, plus five percent of  any  such  monies
    25  received by such office in excess of fifty million dollars but less than
    26  one hundred million dollars, plus one percent of such monies received by
    27  such  office  in excess of one hundred million dollars. The remainder of
    28  such monies shall be paid by the district attorney's office to the state
    29  and to the county in equal amounts within thirty days of receipt,  where
    30  disposition  of  such  monies is not otherwise prescribed by law. Monies
    31  distributed to a county district  attorney's  office  pursuant  to  this
    32  section  shall  be  used  to  enhance law enforcement efforts within the
    33  state of New York. On December first of each year, every district attor-
    34  ney shall provide the governor, temporary president of  the  senate  and
    35  speaker of the assembly with an annual report detailing the total amount
    36  of  monies  received  as  described  herein  by  his or her office and a
    37  description of how and where such funds were distributed by his  or  her
    38  office but shall not include a description of the distribution of monies
    39  where  the  disclosure  of  such  information would interfere with a law
    40  enforcement investigation or a judicial  proceeding.  The  report  shall
    41  include a detailed description of any entity to which funds are distrib-
    42  uted,  including  but not limited to, whether it is a profit or not-for-
    43  profit entity, where it is located, and the intended use of  the  monies
    44  distributed, and shall state the law enforcement purpose.
    45    §  2.  This act shall take effect immediately and shall remain in full
    46  force and effect until March 31, 2019,  when  it  shall  expire  and  be
    47  deemed repealed.
 
    48                                   PART G

        S. 7505--C                          4                         A. 9505--D
 
     1                            Intentionally Omitted

     2                                   PART H
 
     3                            Intentionally Omitted
 
     4                                   PART I
 
     5                            Intentionally Omitted
 
     6                                   PART J
 
     7                            Intentionally Omitted
 
     8                                   PART K
 
     9                            Intentionally Omitted
 
    10                                   PART L
 
    11                            Intentionally Omitted
 
    12                                   PART M
 
    13    Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
    14  law, as amended by section 1 of part C of chapter  57  of  the  laws  of
    15  2016, is amended to read as follows:
    16    (b)  The  sum  of  one  million  five hundred thousand dollars must be
    17  deposited into the New York state emergency services revolving loan fund
    18  annually; provided, however, that such sums shall not be  deposited  for
    19  state  fiscal  years two thousand eleven--two thousand twelve, two thou-
    20  sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
    21  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    22  sixteen--two thousand seventeen [and], two thousand seventeen--two thou-
    23  sand eighteen, two thousand  eighteen--two  thousand  nineteen  and  two
    24  thousand nineteen--two thousand twenty;
    25    § 2. This act shall take effect April 1, 2018.
 
    26                                   PART N
 
    27                            Intentionally Omitted
 
    28                                   PART O
 
    29    Section  1.  The  state finance law is amended by adding a new section
    30  99-bb to read as follows:
    31    § 99-bb. Armory rental account.  1.  Notwithstanding  sections  eight,
    32  eight-a and seventy of this chapter or any other provision of law, rule,
    33  regulation  or  practice to the contrary, there is hereby established in
    34  the joint custody of the state comptroller and the commissioner of taxa-
    35  tion and finance an armory rental account fund, which shall  consist  of
    36  all  moneys paid as rent pursuant to section one hundred eighty-three of
    37  the military law.
    38    2. Moneys within the armory rental account shall be available  to  the
    39  adjutant general for services and expenses of the office relating to the
    40  direct maintenance and operation of armories.

        S. 7505--C                          5                         A. 9505--D

     1    §  2.  Subdivision 5 of section 183 of the military law, as amended by
     2  section 1 of part C of chapter 152 of the laws of 2001,  is  amended  to
     3  read as follows:
     4    5.  All moneys paid as rent as provided in this section, together with
     5  all sums paid to cover expenses of heating and lighting, shall be trans-
     6  mitted by the officer in charge and control of the  armory  through  the
     7  adjutant general to the state treasury for deposit to the [miscellaneous
     8  special  revenue  fund  -  339]  agencies  enterprise fund armory rental
     9  account.
    10    § 3. Section 3 of part C of chapter 152 of the laws of  2001  amending
    11  the military law relating to military funds of the organized militia, as
    12  amended  by  section  23 of part A of chapter 55 of the laws of 2017, is
    13  amended to read as follows:
    14    § 3. This act shall take effect [on the same date as the reversion  of
    15  subdivision  5  of  section  183 and subdivision 1 of section 221 of the
    16  military law as provided by section 76 of chapter 435  of  the  laws  of
    17  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
    18  standing  this act shall be deemed to have been in full force and effect
    19  on and after July 31, 2005 and shall remain in  full  force  and  effect
    20  until September 1, 2019 when upon such date this act shall expire] imme-
    21  diately;  provided  however that the amendments made to subdivision 1 of
    22  section 221 of the military law by section two of this act shall  expire
    23  and be deemed repealed September 1, 2019.
    24    §  4.  This act shall take effect immediately; provided, however, that
    25  sections one and two of this act shall take effect April 1, 2018.
 
    26                                   PART P
 
    27                            Intentionally Omitted
 
    28                                   PART Q
 
    29                            Intentionally Omitted
 
    30                                   PART R
 
    31                            Intentionally Omitted
 
    32                                   PART S
 
    33                            Intentionally Omitted
 
    34                                   PART T
 
    35    Section 1. Section 2 of chapter 303 of the laws of 1988,  relating  to
    36  the extension of the state commission on the restoration of the capitol,
    37  as  amended  by  chapter  207 of the laws of 2013, is amended to read as
    38  follows:
    39    § 2. The temporary state commission on the restoration of the  capitol
    40  is  hereby  renamed  as  the  state commission on the restoration of the
    41  capitol (hereinafter to be referred to as the "commission") and is here-
    42  by continued until April 1, [2018] 2023.  The commission  shall  consist
    43  of  eleven  members  to  be  appointed as follows: five members shall be
    44  appointed by the governor; two members shall be appointed by the  tempo-
    45  rary  president  of  the  senate;  two members shall be appointed by the
    46  speaker of the assembly; one member shall be appointed by  the  minority

        S. 7505--C                          6                         A. 9505--D
 
     1  leader  of  the  senate;  one  member shall be appointed by the minority
     2  leader of the  assembly,  together  with  the  commissioner  of  general
     3  services  and the commissioner of parks, recreation and historic preser-
     4  vation.  The  term  for  each  elected  member shall be for three years,
     5  except that of the first five members appointed  by  the  governor,  one
     6  shall  be for a one year term, and two shall be for a two year term, and
     7  one of the first appointments by the president of the senate and by  the
     8  speaker  of  the assembly shall be for a two year term. Any vacancy that
     9  occurs in the commission shall be filled in the same manner in which the
    10  original appointment was made. The commission shall elect a chairman and
    11  a vice-chairman from among its  members.    The  members  of  the  state
    12  commission  on  the  restoration  of  the  capitol shall be deemed to be
    13  members of the commission until  their  successors  are  appointed.  The
    14  members  of  the  commission  shall  receive  no  compensation for their
    15  services, but shall be reimbursed for their expenses actually and neces-
    16  sarily incurred by them in the performance of their duties hereunder.
    17    § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
    18  extension  of the state commission on the restoration of the capitol, as
    19  amended by chapter 207 of the laws  of  2013,  is  amended  to  read  as
    20  follows:
    21    §  9. This act shall take effect immediately, and shall remain in full
    22  force and effect until April 1, [2018] 2023.
    23    § 3. This act shall take effect immediately and  shall  be  deemed  to
    24  have  been in full force and effect on and after April 1, 2018; provided
    25  that the amendments to section 2 of chapter 303 of the laws of 1988 made
    26  by section one of this act shall not affect the expiration of such chap-
    27  ter, and shall be deemed to expire therewith.
 
    28                                   PART U
 
    29                            Intentionally Omitted
 
    30                                   PART V
 
    31    Section 1. The state finance law is amended by adding  a  new  section
    32  99-bb to read as follows:
    33    §  99-bb.  Parking  services  fund. 1. Notwithstanding sections eight,
    34  eight-a and seventy of this chapter or any other provision of law, rule,
    35  regulation, or practice to the contrary, there is hereby established  in
    36  the joint custody of the state comptroller and the commissioner of taxa-
    37  tion  and  finance a parking services fund, which shall be classified by
    38  the state comptroller as  an  enterprise  fund  type,  and  which  shall
    39  consist  of all moneys received from private entities and individuals as
    40  fees for the use of state-owned parking lots and garages.
    41    2. Moneys within the parking services fund shall be available  to  the
    42  commissioner of general services for services and expenses of the office
    43  relating  to the direct maintenance and operation of state-owned parking
    44  lots and garages.
    45    § 2. The state finance law is amended by adding a new section 99-cc to
    46  read as follows:
    47    § 99-cc. Solid waste fund. 1. Notwithstanding sections eight,  eight-a
    48  and  seventy  of this chapter or any other provision of law, rule, regu-
    49  lation, or practice to the contrary, there is hereby established in  the
    50  joint  custody of the state comptroller and the commissioner of taxation
    51  and finance a solid waste fund, which shall be classified by  the  state
    52  comptroller  as  an enterprise fund type, and which shall consist of all

        S. 7505--C                          7                         A. 9505--D
 
     1  moneys received from private entities by  the  commissioner  of  general
     2  services for the sale of recyclables.
     3    2.  Moneys  within  the  solid  waste  fund  shall be available to the
     4  commissioner of general services for services and expenses of the office
     5  relating to the collection, processing and sale of recycled materials.
     6    § 3. The state finance law is amended by adding a new section 99-dd to
     7  read as follows:
     8    § 99-dd. Special  events  fund.  1.  Notwithstanding  sections  eight,
     9  eight-a  and  seventy  of  this  chapter and any other provision of law,
    10  rule, regulation, or practice to the contrary, there  is  hereby  estab-
    11  lished in the joint custody of the state comptroller and the commission-
    12  er of taxation and finance a special events fund, which shall be classi-
    13  fied  by  the  state  comptroller  as an enterprise fund type, and which
    14  shall consist of all moneys received from private entities and  individ-
    15  uals  as  fees  for the use of physical space at state-owned facilities,
    16  including, but not limited to,  the  Empire  State  Plaza  and  Harriman
    17  Campus, and any other miscellaneous fees associated with the use of such
    18  physical  space  at  such state-owned facilities by private entities and
    19  individuals.
    20    2. Moneys within the special events fund shall  be  available  to  the
    21  commissioner of general services for services and expenses of the office
    22  relating  to  the  use of state-owned facilities by private entities and
    23  individuals.
    24    § 4. This act shall take effect April 1, 2018.
 
    25                                   PART W
 
    26                            Intentionally Omitted
 
    27                                   PART X
 
    28    Section 1. Short title. This act shall be known and may  be  cited  as
    29  the "New York state secure choice savings program act".
    30    §  2.  Article  43  and sections 1200 and 1201 of the general business
    31  law, as renumbered by chapter 32 of the laws  of  2016,  are  renumbered
    32  article  46  and sections 1600 and 1601, respectively, and a new article
    33  43 is added to read as follows:
    34                                 ARTICLE 43
    35                NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
    36  Section 1300. Definitions.
    37          1301. Program established.
    38          1302. Composition of the board.
    39          1303. Fiduciary duty.
    40          1304. Duties of the board.
    41          1305. Risk management.
    42          1306. Financial organizations.
    43          1307. Investment options.
    44          1308. Benefits.
    45          1309. Employer and employee informational materials and  disclo-
    46                 sure forms.
    47          1310. Program implementation and enrollment.
    48          1311. Payments.
    49          1312. Duty and liability of the state.
    50          1313. Duty and liability of participating employers.
    51          1314. Audit and reports.
    52          1315. Delayed implementation.

        S. 7505--C                          8                         A. 9505--D
 
     1          1316. Regulations.
     2    §  1300.  Definitions.  All  terms shall have the same meaning as when
     3  used in a comparable context in the Internal Revenue Code.  As  used  in
     4  this article, the following terms shall have the following meanings:
     5    1. "Board" shall mean the New York secure choice savings program board
     6  established under this article.
     7    2. "Superintendent" shall mean the superintendent of the department of
     8  financial services.
     9    2-a.  "Commissioner"  shall  mean  the  commissioner  of  taxation and
    10  finance.
    11    2-b. "Comptroller" shall mean the comptroller of the state.
    12    3. "Employee" shall mean any individual who is eighteen years  of  age
    13  or  older,  who is employed by an employer, and who earned wages working
    14  for an employer in New York state during a calendar year.
    15    4. "Employer" shall mean a person or entity  engaged  in  a  business,
    16  industry,  profession,  trade,  or  other  enterprise in New York state,
    17  whether for profit or not for profit, that has not offered  a  qualified
    18  retirement  plan,  including, but not limited to, a plan qualified under
    19  sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the
    20  Internal Revenue Code of 1986 in the preceding two years.
    21    5. "Enrollee" shall mean any employee who is enrolled in the program.
    22    6. "Internal Revenue Code" shall mean the  Internal  Revenue  Code  of
    23  1986, or any successor law, in effect for the calendar year.
    24    7. "IRA" shall mean a Roth IRA (individual retirement account).
    25    8.  "Participating  employer"  shall  mean  an employer that elects to
    26  facilitate access to the program's payroll deduction IRA as provided for
    27  by this article for its employees who are enrollees in the program.
    28    9. "Payroll deduction IRA"  shall  mean  an  arrangement  by  which  a
    29  participating employer facilitates access for enrollees to remit payroll
    30  deduction contributions to the program.
    31    10.  "Program"  shall  mean  the  New York state secure choice savings
    32  program.
    33    11. "Wages" means any  compensation  within  the  meaning  of  section
    34  219(f)(1)  of  the Internal Revenue Code that is received by an enrollee
    35  from a participating employer during the calendar year.
    36    § 1301. Program established. There is hereby established a  retirement
    37  savings program in the form of a payroll deduction IRA, known as the New
    38  York state secure choice savings program. The general administration and
    39  responsibility for the proper operation of the program shall be adminis-
    40  tered  by  the  board  for  the  purpose of promoting greater retirement
    41  savings for private-sector employees  in  a  convenient,  low-cost,  and
    42  portable manner.  The board may delegate such authority and responsibil-
    43  ity for the development and implementation of the program to the depart-
    44  ment of taxation and finance as the board deems proper.
    45    § 1302. Composition of the board. There is hereby created the New York
    46  state secure choice savings program board.
    47    1. The board shall consist of the following seven members:
    48    (a)  the  commissioner,  or  his  or  her designee, who shall serve as
    49  chair;
    50    (b) the state comptroller, or his or her designee;
    51    (c) the superintendent, or his or her designee;
    52    (d) two public representatives with expertise  in  retirement  savings
    53  plan  administration  or  investment,  or  both,  one  of  whom shall be
    54  appointed by the speaker of the  assembly  and  one  of  whom  shall  be
    55  appointed by the temporary president of the senate;

        S. 7505--C                          9                         A. 9505--D
 
     1    (e)  a  representative  of  participating  employers, appointed by the
     2  governor; and
     3    (f) a representative of enrollees, appointed by the governor.
     4    2.  Members  of  the board shall serve without compensation but may be
     5  reimbursed for necessary travel expenses  incurred  in  connection  with
     6  their board duties from funds appropriated for the purpose.
     7    3.  The initial appointments shall be as follows: the public represen-
     8  tatives for four years; the representative  of  participating  employers
     9  for  three  years;  and the representative of enrollees for three years.
    10  Thereafter, all the governor's appointees shall be  for  terms  of  four
    11  years.
    12    4.  A vacancy in the term of an appointed board member shall be filled
    13  for the balance of the unexpired term in the same manner as the original
    14  appointment.
    15    § 1303. Fiduciary duty. The  board,  the  individual  members  of  the
    16  board, the trustees, any other agents appointed or engaged by the board,
    17  and  all  persons  serving as program staff shall discharge their duties
    18  with respect to the program solely in  the  interest  of  the  program's
    19  enrollees and beneficiaries as follows:
    20    1.  for  the exclusive purposes of providing benefits to enrollees and
    21  beneficiaries and defraying reasonable  expenses  of  administering  the
    22  program;
    23    2.  by  investing  with the care, skill, prudence, and diligence under
    24  the prevailing circumstances that a prudent  person  acting  in  a  like
    25  capacity  and familiar with those matters would use in the conduct of an
    26  enterprise of a like character and with like aims; and
    27    3. by using any contributions paid by employees and  employers  remit-
    28  ting  employees'  own  contributions  into  the fund exclusively for the
    29  purpose of paying benefits to the enrollees of the program, for the cost
    30  of administration of the program, and for investments made for the bene-
    31  fit of the program.
    32    § 1304. Duties of the board. In  addition  to  the  other  duties  and
    33  responsibilities  stated  in  this  article,  the board shall, itself or
    34  through the use of appropriate financial organizations as managers:
    35    1. Cause the program to be designed, established  and  operated  in  a
    36  manner that:
    37    (a) accords with best practices for retirement savings vehicles;
    38    (b)  maximizes  participation, savings, and sound investment practices
    39  including considering the use of automatic enrollment as  allowed  under
    40  federal law;
    41    (c) maximizes simplicity, including ease of administration for partic-
    42  ipating employers and enrollees;
    43    (d)  provides  an efficient product to enrollees by pooling investment
    44  funds;
    45    (e) ensures the portability of benefits; and
    46    (f) provides for the deaccumulation of enrollee  assets  in  a  manner
    47  that provides a financial benefit in retirement.
    48    2.  Explore  and establish or authorize investment options, subject to
    49  this article, that offer enrollees  returns  on  contributions  and  the
    50  conversion  of  individual retirement savings account balances to secure
    51  retirement income without incurring debt or liabilities to the state.
    52    3. Establish or authorize the process by  which  interest,  investment
    53  earnings,  and  investment  losses  are  allocated to individual program
    54  accounts on a pro rata basis and are computed at the  interest  rate  on
    55  the balance of an individual's account.

        S. 7505--C                         10                         A. 9505--D
 
     1    4.  Make  and enter into contracts necessary for the administration of
     2  the program and fund, including,  but  not  limited  to,  retaining  and
     3  contracting  with  investment  managers,  financial organizations, other
     4  financial and service providers, consultants, actuaries, counsel,  audi-
     5  tors, third-party administrators, and other professionals as necessary.
     6    5.  Conduct  a  periodic  review  of  the performance of any financial
     7  organizations, including, but not limited to, a review of returns, fees,
     8  and customer service. A copy of reviews shall be posted to the program's
     9  Internet website.
    10    6. Cause moneys in the program to  be  held  and  invested  as  pooled
    11  investments  or otherwise, with a view to achieving cost savings through
    12  efficiencies and economies of scale.
    13    7. Evaluate and establish or authorize the process for:
    14    (a) an enrollee to contribute a portion of his or  her  wages  to  the
    15  program via payroll deduction; and
    16    (b)  the  voluntary  enrollment  of  participating  employers  in  the
    17  program.
    18    8. The board may contract with financial organizations and third-party
    19  administrators with the  capability  to  receive  and  process  employee
    20  information  and  contributions  for  payroll  deduction  IRA or similar
    21  arrangements.
    22    9. Evaluate and establish or  authorize  the  process  for  enrollment
    23  including  the  process  by  which  an  employee  may participate in the
    24  program, select a contribution level, select an investment  option,  and
    25  terminate participation in the program.
    26    10.  Evaluate,  or cause to be evaluated, the need for, and procure as
    27  needed, insurance against any and all loss in connection with the  prop-
    28  erty, assets, or activities of the program, and indemnify as needed each
    29  member  of  the  board  from personal loss or liability resulting from a
    30  member's action or inaction as a member of the board.
    31    11. Make provisions  for  the  payment  of  administrative  costs  and
    32  expenses  for  the  creation,  management, and operation of the program.
    33  Subject to appropriation, the state may pay administrative costs associ-
    34  ated with the creation and management of the  program  until  sufficient
    35  assets  are  available  in the program for that purpose. Thereafter, all
    36  administrative costs of the program, including repayment of any start-up
    37  funds provided by the state, shall be paid only out of moneys on deposit
    38  therein. However, private funds or federal funding received in order  to
    39  implement  the  program  until it is self-sustaining shall not be repaid
    40  unless those funds were offered contingent  upon  the  promise  of  such
    41  repayment.  The  board  shall keep its annual administrative expenses as
    42  low as possible.
    43    12. Allocate administrative fees to individual retirement accounts  in
    44  the program on a pro rata basis.
    45    13.  Set  or  authorize  minimum  and  maximum  contribution levels in
    46  accordance with limits established for  IRAs  by  the  Internal  Revenue
    47  Code.
    48    14. Facilitate education and outreach to employers and employees.
    49    15.  Facilitate compliance by the program with all applicable require-
    50  ments for the program under the Internal  Revenue  Code,  including  tax
    51  qualification  requirements  or  any  other  applicable legal, financial
    52  reporting and accounting requirements.
    53    16. Carry out the duties and obligations of the program in  an  effec-
    54  tive, efficient, and low-cost manner.

        S. 7505--C                         11                         A. 9505--D

     1    17.  Exercise  any  and  all other powers reasonably necessary for the
     2  effectuation of the purposes, objectives, and provisions of  this  arti-
     3  cle.
     4    18.  Determine  or  authorize  withdrawal provisions, such as economic
     5  hardships, portability and leakage.
     6    19. Determine employee rights and enforcement of penalties.
     7    20. Delegate such authority and responsibility for the development and
     8  implementation of the program to the department of taxation and  finance
     9  as the board deems proper.
    10    § 1305. Risk management. The board shall annually prepare, or cause to
    11  be  prepared,  and  adopt  a written statement of investment policy that
    12  includes a risk management and oversight program. This investment policy
    13  shall prohibit the board and the program from borrowing  for  investment
    14  purposes. The risk management and oversight program shall be designed to
    15  ensure  that  an effective risk management system is in place to monitor
    16  the risk levels of the program, to  ensure  that  the  risks  taken  are
    17  prudent and properly managed, to provide an integrated process for over-
    18  all risk management, and to assess investment returns as well as risk to
    19  determine  if  the  risks  taken  are adequately compensated compared to
    20  applicable performance benchmarks and standards. The board shall consid-
    21  er the statement of investment policy and any changes in the  investment
    22  policy at a public hearing.
    23    §  1306.  Financial organizations. 1. The board shall engage, after an
    24  open bid process, a financial organization or  organizations  to  invest
    25  assets of the program. In selecting the financial organization or organ-
    26  izations, the board shall take into consideration and give weight to the
    27  financial  organization's  fees  and  charges  in  order  to  reduce the
    28  program's administrative expenses.
    29    2. The financial organizations shall comply  with  applicable  federal
    30  and  state laws, rules, and regulations, as well as rules, policies, and
    31  guidelines promulgated by the board with respect to the program, includ-
    32  ing, but not limited to, the investment policy.
    33    3. The financial organization  or  organizations  shall  provide  such
    34  reports  as  the  board  deems  necessary  for the board to oversee each
    35  financial organization's performance and the performance of the program.
    36    § 1307. Investment options. 1. The board shall establish or  authorize
    37  a  default  investment option for enrollees who fail to elect an invest-
    38  ment option. In making such determination, the board shall consider  the
    39  cost,  risk profile, benefit level and ease of enrollment. The board may
    40  change the default option if the board determines that such change is in
    41  the best interests of the enrollees.
    42    2. The board may establish  or  authorize  any  additional  investment
    43  options that the board deems appropriate including but not limited to:
    44    (a) a conservative principal protection fund;
    45    (b) a growth fund;
    46    (c)  a  secure return fund whose primary objective is the preservation
    47  of the safety of principal and the provision of a  stable  and  low-risk
    48  rate  of  return; if the board elects to establish a secure return fund,
    49  the board may procure any insurance, annuity, or other product to insure
    50  the value of enrollees' accounts and guarantee a  rate  of  return;  the
    51  cost  of  such funding mechanism shall be paid out of the fund; under no
    52  circumstances shall the board, program, fund, the state, or any  partic-
    53  ipating  employer assume any liability for investment or actuarial risk;
    54  the board shall determine whether to establish or authorize such invest-
    55  ment options based upon an analysis of their cost, risk profile, benefit
    56  level, feasibility, and ease of implementation;

        S. 7505--C                         12                         A. 9505--D
 
     1    (d) an annuity fund;
     2    (e) a growth and income fund; or
     3    (f) a life cycle fund with a target date based upon factors determined
     4  by the board.
     5    § 1308. Benefits. Interest, investment earnings, and investment losses
     6  shall  be  allocated to individual program accounts as authorized by the
     7  board pursuant to this article. An individual's retirement savings bene-
     8  fit under the program shall be an amount equal to  the  balance  in  the
     9  individual's  program account on the date the retirement savings benefit
    10  becomes payable. The state shall have no liability for  the  payment  of
    11  any benefit to any enrollee in the program.
    12    §  1309.  Employer and employee informational materials and disclosure
    13  forms. 1. Prior to the opening of the program for enrollment, the  board
    14  shall  design and disseminate, or cause to be designed and disseminated,
    15  to all employers employer informational materials and employee  informa-
    16  tional  materials,  which  shall  include  background information on the
    17  program, and necessary disclosures as required by law for employees.
    18    2. The employee informational materials shall  be  made  available  in
    19  English,  Spanish, Haitian Creole, Chinese, Korean, Russian, Arabic, and
    20  any other language the board deems necessary.
    21    3. The employee informational materials  shall  include  a  disclosure
    22  form.  The  disclosure form shall explain, but not be limited to, all of
    23  the following:
    24    (a) the benefits and risks associated with making contributions to the
    25  program;
    26    (b) the process for making contributions to the program;
    27    (c) how to cease participation in the program;
    28    (d) the process by which an employee can participate  in  the  program
    29  with a level of employee contributions other than three percent;
    30    (e)  that they are not required to participate or contribute more than
    31  three percent;
    32    (f) the process for withdrawal of retirement savings;
    33    (g) the  process  for  selecting  beneficiaries  of  their  retirement
    34  savings;
    35    (h) how to obtain additional information about the program;
    36    (i)  that  employees seeking financial advice should contact financial
    37  advisors, that participating employers are not in a position to  provide
    38  financial  advice,  and  that participating employers are not liable for
    39  decisions employees make pursuant to this article;
    40    (j) information on how to  access  any  available  financial  literacy
    41  programs; and
    42    (k) that the program fund is not guaranteed by the state.
    43    4.  The employee informational materials shall also include a form for
    44  an employee to note his or her decision regarding participation  in  the
    45  program  or  election  to  participate with a level of employee contrib-
    46  utions other than three percent.
    47    5. Participating employers shall  supply  the  employee  informational
    48  materials  to existing employees at least one month prior to the partic-
    49  ipating employers' facilitation of access to the program.  Participating
    50  employers  shall  supply  the  employee  informational  materials to new
    51  employees at the time of hiring.
    52    § 1310. Program implementation and  enrollment.  Except  as  otherwise
    53  provided  in this article, the program shall be implemented, and enroll-
    54  ment of employees shall  begin,  within  twenty-four  months  after  the
    55  effective  date of this article. The provisions of this section shall be
    56  in force after the board opens the program for enrollment.

        S. 7505--C                         13                         A. 9505--D
 
     1    1. No employer shall be required to participate in or otherwise imple-
     2  ment the program.
     3    2.  Enrollees  shall  have  the ability to select a contribution level
     4  into the program. This level may be expressed as a percentage  of  wages
     5  or  as  a  dollar  amount up to the deductible amount for the enrollee's
     6  taxable year under section 219(b)(1)(A) of the  Internal  Revenue  Code.
     7  Enrollees  may  change  their contribution level at any time, subject to
     8  rules promulgated by the  board.  If  an  enrollee  fails  to  select  a
     9  contribution  level using the form described in this article, then he or
    10  she shall contribute three percent of his or her wages to  the  program,
    11  provided  that  such  contributions shall not cause the enrollee's total
    12  contributions to IRAs for the year to exceed the deductible  amount  for
    13  the  enrollee's  taxable year under section 219(b)(1)(A) of the Internal
    14  Revenue Code.
    15    3. Enrollees  may  select  an  investment  option  offered  under  the
    16  program.  Enrollees  may  change  their  investment  option at any time,
    17  subject to rules promulgated by the board. In the event that an enrollee
    18  fails to select an investment option, that enrollee shall be  placed  in
    19  the investment option selected or authorized by the board as the default
    20  under this article.
    21    4.  Following  initial  implementation of the program pursuant to this
    22  section, at least once every year, the program shall designate  an  open
    23  enrollment period during which employees may enroll in the program.
    24    5.  An  employee who chooses not to participate in the program and who
    25  subsequently wants to participate may only enroll during  the  program's
    26  designated  open  enrollment period or if permitted by the program at an
    27  earlier time.
    28    6. Employers shall retain the option at all times to set up  any  type
    29  of employer-sponsored retirement plan.
    30    7.  An  enrollee may terminate his or her enrollment in the program at
    31  any time in a manner prescribed by the board.
    32    8. (a) The board shall establish or authorize a website regarding  the
    33  secure choice savings program.
    34    (b) The board shall establish and maintain or authorize the establish-
    35  ment  and  maintenance  of a secure website wherein enrollees may log in
    36  and acquire information regarding contributions  and  investment  income
    37  allocated  to,  withdrawals from, and balances in their program accounts
    38  for the reporting period. Such website must also include information for
    39  the enrollees regarding other options available to the employee and  how
    40  they  can  transfer their accounts to other programs should they wish to
    41  do so. Such website may include  any  other  information  regarding  the
    42  program as the board may determine.
    43    § 1311. Payments. Employee contributions deducted by the participating
    44  employer  through payroll deduction shall be remitted by the participat-
    45  ing employer to the program using one or  more  payroll  deduction  IRAs
    46  established or authorized by the board under this article, either:
    47    1. on or before the last day of the month following the month in which
    48  the  compensation  otherwise  would have been payable to the employee in
    49  cash; or
    50    2. before such later deadline prescribed by the board for making  such
    51  payments,  but  not  later  than  the  due  date  for the deposit of tax
    52  required to be deducted and withheld relating to  collection  of  income
    53  tax  at  source  on  wages or for the deposit of tax required to be paid
    54  under the unemployment insurance system for the payroll period to  which
    55  such payments relate.

        S. 7505--C                         14                         A. 9505--D
 
     1    §  1312.  Duty  and liability of the state. 1. The state shall have no
     2  duty or liability to any party for the payment of any retirement savings
     3  benefits accrued by  any  enrollee  under  the  program.  Any  financial
     4  liability  for  the  payment of retirement savings benefits in excess of
     5  funds  available under the program shall be borne solely by the entities
     6  with whom the board contracts to provide insurance to protect the  value
     7  of the program.
     8    2. No state board, commission, or agency, or any officer, employee, or
     9  member  thereof  is  liable  for  any  loss or deficiency resulting from
    10  particular investments selected  under  this  article,  except  for  any
    11  liability that arises out of a breach of fiduciary duty.
    12    § 1313. Duty and liability of participating employers. 1.  Participat-
    13  ing  employers  shall  not have any liability for an employee's decision
    14  regarding whether to participate in the program or  for  the  investment
    15  decisions of the board or of any enrollee.
    16    2.  A  participating  employer  is not establishing or maintaining the
    17  program's payroll deduction IRA. A participating employer shall not be a
    18  fiduciary, or considered to be a fiduciary, over the program. A  partic-
    19  ipating  employer  shall not bear responsibility for the administration,
    20  investment, or investment performance of the  program.  A  participating
    21  employer  shall not be liable with regard to investment returns, program
    22  design, and benefits paid to program participants.
    23    § 1314. Audit and reports. 1. The board shall annually submit:
    24    (a) an audited financial report, prepared in accordance with generally
    25  accepted accounting principles, on the operations of the program  during
    26  each  calendar year by July first of the following year to the governor,
    27  the commissioner, the speaker of the assembly, the  temporary  president
    28  of  the  senate, the chair of the assembly ways and means committee, the
    29  chair of the senate finance committee, the chair of the  assembly  labor
    30  committee, the chair of the senate labor committee; and
    31    (b) a report prepared or authorized by the board, which shall include,
    32  but  is  not  limited  to,  a  summary  of  the benefits provided by the
    33  program, including the number of enrollees in the program, the  percent-
    34  age  and  amounts  of  investment  options and rates of return, and such
    35  other information that is relevant to make a full, fair,  and  effective
    36  disclosure  of the operations of the program. The annual report shall be
    37  made by an independent certified public accountant  and  shall  include,
    38  but is not limited to, direct and indirect costs attributable to the use
    39  of  outside  consultants, independent contractors, and any other persons
    40  who are not state employees for the administration of the program.
    41    2. In addition to any other statements or reports required by law, the
    42  board shall provide or cause to be provided periodic  reports  at  least
    43  annually  to  enrollees,  reporting  contributions and investment income
    44  allocated to, withdrawals from, and balances in their  program  accounts
    45  for the reporting period. Such reports may include any other information
    46  regarding the program as the board may determine.
    47    § 1315. Delayed implementation. The board may delay the implementation
    48  of the program an additional twelve months beyond the twenty-four months
    49  established in section thirteen hundred ten of this article if the board
    50  determines  that  further delay is necessary to address legal, financial
    51  or other programmatic concerns impacting the viability of  the  program.
    52  The board shall provide reasonable notice of such delay to the governor,
    53  the  commissioner,  the speaker of the assembly, the temporary president
    54  of the senate, the chair of the assembly ways and means  committee,  the
    55  chair  of  the senate finance committee, the chair of the assembly labor
    56  committee, and the chair of the senate labor committee.

        S. 7505--C                         15                         A. 9505--D
 
     1    § 1316. Regulations. The commissioner may issue such rules  and  regu-
     2  lations  as  he  or  she  deems necessary to implement the terms of this
     3  article.
     4    § 3. The state finance law is amended by adding a new section 99-bb to
     5  read as follows:
     6    §  99-bb.  New York state secure choice administrative fund. 1.  There
     7  is hereby established within the joint custody of  the  commissioner  of
     8  taxation  and finance and the state comptroller in consultation with the
     9  New York state secure choice savings program board, a  new  fund  to  be
    10  known as the New York state secure choice administrative fund.
    11    2.  The  New  York state secure choice savings program board shall use
    12  moneys in the administrative fund to pay for administrative expenses  it
    13  incurs  in the performance of its duties under the New York state secure
    14  choice savings program pursuant to article forty-three  of  the  general
    15  business law.
    16    3.  The  New  York state secure choice savings program board shall use
    17  moneys in the  administrative  fund  to  cover  start-up  administrative
    18  expenses  it  incurs  in  the  performance  of  its duties under article
    19  forty-three of the general business law.
    20    4. The administrative fund may receive  any  grants  or  other  moneys
    21  designated  for  administrative  purposes from the state, or any unit of
    22  federal or local government, or any other person, firm, partnership,  or
    23  corporation.  Any  interest  earnings that are attributable to moneys in
    24  the administrative fund must be deposited into the administrative fund.
    25    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    26  sion, section or part of this act shall be  adjudged  by  any  court  of
    27  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    28  impair, or invalidate the remainder thereof, but shall  be  confined  in
    29  its  operation  to the clause, sentence, paragraph, subdivision, section
    30  or part thereof directly involved in the controversy in which such judg-
    31  ment shall have been rendered. It is hereby declared to be the intent of
    32  the legislature that this act would  have  been  enacted  even  if  such
    33  invalid provisions had not been included herein.
    34    § 5. This act shall take effect immediately.
 
    35                                   PART Y
 
    36                            Intentionally Omitted
 
    37                                   PART Z
 
    38                            Intentionally Omitted
 
    39                                   PART AA
 
    40                            Intentionally Omitted
 
    41                                   PART BB

    42                            Intentionally Omitted
 
    43                                   PART CC
 
    44    Section  1.  Paragraph  p of subdivision 10 of section 54 of the state
    45  finance law, as amended by section 2 of part K of chapter 57 of the laws

        S. 7505--C                         16                         A. 9505--D
 
     1  of 2011 and subparagraph (ii) as amended by chapter 30 of  the  laws  of
     2  2013, is amended to read as follows:
     3    p.  Citizen empowerment tax credit. (i) For the purposes of this para-
     4  graph, "municipalities" shall mean cities with a  population  less  than
     5  one million, towns created on or before December thirty-first, two thou-
     6  sand  seventeen, and villages incorporated on or before December thirty-
     7  first, two thousand seventeen.
     8    (ii) Within the annual amounts appropriated therefor, surviving  muni-
     9  cipalities  following  a  consolidation  or  dissolution occurring on or
    10  after the state fiscal year commencing April first, two thousand  seven,
    11  and  any  new coterminous town-village established after July first, two
    12  thousand twelve that operates principally as a town or as a village  but
    13  not  as  both  a  town and a village, shall be awarded additional annual
    14  aid, starting in the state fiscal year following the state  fiscal  year
    15  in  which  such  reorganization took effect, equal to fifteen percent of
    16  the combined amount of real property taxes levied by all of the  munici-
    17  palities  participating  in  the reorganization in the local fiscal year
    18  prior to the local fiscal year in which such reorganization took effect.
    19  In instances of the dissolution of a village located in  more  than  one
    20  town,  such additional aid shall equal the sum of fifteen percent of the
    21  real property taxes levied by such village in the  village  fiscal  year
    22  prior  to  the village fiscal year in which such dissolution took effect
    23  plus fifteen percent of the average amount of real property taxes levied
    24  by the towns in which the village was located in the  town  fiscal  year
    25  prior to the town fiscal year in which such dissolution took effect, and
    26  shall  be  divided  among  such  towns  based  on the percentage of such
    27  village's population that resided in each  such  town  as  of  the  most
    28  recent  federal decennial census. In no case shall the additional annual
    29  aid pursuant to this paragraph exceed one million dollars. For  villages
    30  in which a majority of the electors voting at a referendum on a proposed
    31  dissolution  pursuant  to  section  seven  hundred eighty of the general
    32  municipal law vote in favor of dissolution after December  thirty-first,
    33  two  thousand  seventeen,  in  no  case  shall the additional annual aid
    34  pursuant to this paragraph exceed the lesser of one million  dollars  or
    35  the  amount of real property taxes levied by such village in the village
    36  fiscal year prior to the village fiscal year in which  such  dissolution
    37  took effect. Such additional annual aid shall be apportioned and paid to
    38  the  chief  fiscal  officer  of  each eligible municipality on or before
    39  September twenty-fifth of each such  state  fiscal  year  on  audit  and
    40  warrant  of  the  state  comptroller  out  of moneys appropriated by the
    41  legislature for such purpose to the credit of the local assistance fund.
    42    (iii) Any municipality receiving  a  citizen  empowerment  tax  credit
    43  pursuant  to  this  paragraph shall use at least seventy percent of such
    44  aid for property tax relief and the balance  of  such  aid  for  general
    45  municipal  purposes.  For each local fiscal year following the effective
    46  date of the chapter of the laws of two  thousand  eleven  which  amended
    47  this paragraph in which such aid is payable, a statement shall be placed
    48  on  each  property  tax  bill for such municipality in substantially the
    49  following form: "Your property tax savings this year resulting from  the
    50  State  Citizen  Empowerment  Tax  Credit received as the result of local
    51  government re-organization is $______." The property  tax  savings  from
    52  the  citizen  empowerment tax credit for each property tax bill shall be
    53  calculated by (1) multiplying the amount of the citizen empowerment  tax
    54  credit  used  for  property  tax  relief by the amount of property taxes
    55  levied on such property by such municipality and (2) dividing the result
    56  by the total amount of property taxes levied by such municipality.

        S. 7505--C                         17                         A. 9505--D
 
     1    § 2. This act shall take effect immediately.
 
     2                                   PART DD
 
     3    Section 1. Section 106-b of the uniform justice court act, as added by
     4  chapter 87 of the laws of 2008, is amended to read as follows:
     5  § 106-b. Election  of [a single] one or more town [justice] justices for
     6             two or more [adjacent] towns.
     7    1. Two or more [adjacent] towns within the same county, acting by  and
     8  through  their  town boards, are authorized to jointly undertake a study
     9  relating to the election of  [a  single]  one  or  more  town  [justice]
    10  justices  who  shall  preside in the town courts of each such town. Such
    11  study shall be commenced upon and conducted pursuant to a  joint  resol-
    12  ution adopted by the town board of each such [adjacent] town. Such joint
    13  resolution  or  a certified copy thereof shall upon adoption be filed in
    14  the office of the town clerk of each [adjacent] town  which  adopts  the
    15  resolution.  No  study authorized by this subdivision shall be commenced
    16  until the joint resolution providing for the study shall have been filed
    17  with the town clerks of at least two [adjacent] towns which adopted such
    18  joint resolution.
    19    2. Within thirty days after the conclusion of a study conducted pursu-
    20  ant to subdivision one of this  section,  each  town  which  shall  have
    21  adopted  the  joint resolution providing for the study shall publish, in
    22  its official newspaper or, if there be no official newspaper, in a news-
    23  paper published in the county and having a  general  circulation  within
    24  such  town,  notice that the study has been concluded and the time, date
    25  and place of the town public hearing on  such  study.  Each  town  shall
    26  conduct a public hearing on the study, conducted pursuant to subdivision
    27  one of this section, not less than twenty days nor more than thirty days
    28  after publication of the notice of such public hearing.
    29    3.  The  town  board  of  each town party to the study shall conduct a
    30  public hearing upon the findings of such study, and shall hear testimony
    31  and receive evidence and information thereon with regard to the election
    32  of one or more town [justice] justices to preside over the  town  courts
    33  of  the  [adjacent]  towns  which  are  parties  to the joint resolution
    34  providing for the study.
    35    4. Within sixty days of the last public hearing upon a study conducted
    36  pursuant to subdivision one of this section, town boards  of  each  town
    37  which  participated  in such study shall determine whether the town will
    38  participate in a joint plan providing for the election of [a single] one
    39  or more town [justice] justices to preside in the town courts of two  or
    40  more  [adjacent] towns.  Every such joint plan shall only be approved by
    41  a town by the adoption of a resolution by the town board  providing  for
    42  the  adoption  of  such  joint plan. In the event two or more [adjacent]
    43  towns fail to adopt a joint plan, all  proceedings  authorized  by  this
    44  section shall terminate and the town courts of such towns shall continue
    45  to operate in accordance with the existing provisions of law.
    46    5.  Upon the adoption of a joint plan by two or more [adjacent] towns,
    47  the town boards of the towns adopting such plan shall each adopt a joint
    48  resolution providing for:
    49    a. the election of [a single] one or more town [justice]  justices  at
    50  large to preside in the town courts of the participating towns;
    51    b. the abolition of the existing office of town justice in the partic-
    52  ipating towns; and

        S. 7505--C                         18                         A. 9505--D
 
     1    c.  the  election of [such single] one or more town [justice] justices
     2  shall occur at the next general election  of  town  officers  and  every
     3  fourth year thereafter.
     4    6.  Upon  the adoption of a joint resolution, such resolution shall be
     5  forwarded to the state legislature, and  shall  constitute  a  municipal
     6  home rule message pursuant to article nine of the state constitution and
     7  the  municipal home rule law. No such joint resolution shall take effect
     8  until state legislation enacting the joint resolution shall have  become
     9  a law.
    10    7. Every town justice elected to preside in multiple towns pursuant to
    11  this section shall have jurisdiction in each of the participating [adja-
    12  cent] towns, shall preside in the town courts of such towns, shall main-
    13  tain  separate  records and dockets for each town court, and shall main-
    14  tain a separate bank account for each town  court  for  the  deposit  of
    15  moneys received by each town court.
    16    8.  In  the  event  any  town  court operated pursuant to a joint plan
    17  enacted into law pursuant to this section is without the services of the
    18  [single] one or more town [justice] justices because of absence or disa-
    19  bility, the provisions of section one hundred six of  this  article  and
    20  the town law shall apply.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART EE
 
    23    Section  1. The general municipal law is amended by adding a new arti-
    24  cle 12-I to read as follows:
    25                                ARTICLE 12-I
    26                     COUNTY-WIDE SHARED SERVICES PANELS
    27  Section 239-bb. County-wide shared services panels.
    28    § 239-bb. County-wide shared  services  panels.  1.  Definitions.  The
    29  following  terms  shall  have the following meanings for the purposes of
    30  this article:
    31    a. "County" shall mean any county not wholly contained within a city.
    32    b. "County CEO" shall mean the county  executive,  county  manager  or
    33  other  chief  executive  of the county, or, where none, the chair of the
    34  county legislative body.
    35    c. "Panel" shall mean a county-wide shared services panel  established
    36  pursuant to subdivision two of this section.
    37    d.  "Plan"  shall  mean  a  county-wide  shared  services property tax
    38  savings plan.
    39    2. County-wide shared services panels. a. There shall be a county-wide
    40  shared services panel in each county consisting of the county  CEO,  and
    41  one  representative  from each city, town and village in the county. The
    42  chief executive officer of each town, city  and  village  shall  be  the
    43  representative  to  a  panel  and  shall  be  the  mayor, if a city or a
    44  village, or shall be the supervisor, if a town.  The  county  CEO  shall
    45  serve  as  chair. All panels established in each county pursuant to part
    46  BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,  and
    47  prior  to  the enactment of this article, shall continue in satisfaction
    48  of this section in such form as they were established, provided that the
    49  county CEO may alter the membership of the panel consistent  with  para-
    50  graph b of this subdivision.
    51    b. The county CEO may invite any school district, board of cooperative
    52  educational  services,  fire  district,  fire  protection  district,  or
    53  special improvement district in the county to join a  panel.  Upon  such
    54  invitation, the governing body of such school district, board of cooper-

        S. 7505--C                         19                         A. 9505--D
 
     1  ative  educational services, fire district, fire protection district, or
     2  other special district may accept such invitation by selecting a  repre-
     3  sentative of such governing body, by majority vote, to serve as a member
     4  of  the  panel.  Such  school district, board of cooperative educational
     5  services, fire district,  fire  protection  district  or  other  special
     6  district  shall  maintain  such  representation  until  the panel either
     7  approves a plan or transmits a statement to the secretary  of  state  on
     8  the  reason the panel did not approve a plan, pursuant to paragraph d of
     9  subdivision seven of this section.  Upon approval of a plan or a  trans-
    10  mission  of  a  statement to the secretary of state that a panel did not
    11  approve a plan in any calendar year, the county CEO may, but  need  not,
    12  invite  any  school district, board of cooperative educational services,
    13  fire district, fire protection district or special improvement  district
    14  in the county to join a panel thereafter convened.
    15    3. a. Each county CEO shall, after satisfying the requirements of part
    16  BBB of chapter fifty-nine of the laws of two thousand seventeen, annual-
    17  ly  convene  the panel and shall undertake to revise and update a previ-
    18  ously approved plan or alternatively develop a new plan through December
    19  thirty-first, two thousand twenty-one. Such  plans  shall  contain  new,
    20  recurring  property  tax savings resulting from actions such as, but not
    21  limited to, the elimination of  duplicative  services;  shared  services
    22  arrangements  including,  joint  purchasing,  shared  highway equipment,
    23  shared storage facilities, shared plowing services and energy and insur-
    24  ance purchasing cooperatives; reducing back  office  and  administrative
    25  overhead;  and  better coordinating services. The secretary of state may
    26  provide advice and/or recommendations on the form and structure of  such
    27  plans.
    28    b.  After  having convened at least two meetings in a calendar year, a
    29  panel may, by majority vote, determine that it is not in the best inter-
    30  est of the taxpayers to revise and update a previously approved plan  or
    31  to  develop  a new plan in such year. The county CEO of such panel shall
    32  then comply with the provisions of paragraph (d) of subdivision seven of
    33  this section.
    34    4. While revising or updating a previously  approved  plan,  or  while
    35  developing  a new plan, the county CEO shall regularly consult with, and
    36  take recommendations from, the representatives: on the  panel;  of  each
    37  collective  bargaining  unit  of  the  county and the cities, towns, and
    38  villages; and of each collective bargaining unit  of  any  participating
    39  school   district,  board  of  cooperative  educational  services,  fire
    40  district, fire protection district, or special improvement district.
    41    5. The county CEO, the county  legislative  body  and  a  panel  shall
    42  accept input from the public, civic, business, labor and community lead-
    43  ers  on  any proposed plan. The county CEO shall cause to be conducted a
    44  minimum of three public hearings prior to submission of a plan to a vote
    45  of a panel. All such public hearings shall be conducted within the coun-
    46  ty, and public notice of all such hearings shall be  provided  at  least
    47  one  week  prior  in the manner prescribed in subdivision one of section
    48  one hundred four of the public officers law.   Civic,  business,  labor,
    49  and  community  leaders,  as  well  as  members  of the public, shall be
    50  permitted to provide public testimony at any such hearings.
    51    6. a. The county CEO shall submit each plan, accompanied by a  certif-
    52  ication  as  to  the  accuracy  of the savings contained therein, to the
    53  county legislative body at least forty-five days prior to a vote by  the
    54  panel.
    55    b.  The  county  legislative  body shall review and consider each plan
    56  submitted in accordance with paragraph a of this subdivision. A majority

        S. 7505--C                         20                         A. 9505--D
 
     1  of the members of such body may issue an advisory report on  each  plan,
     2  making  recommendations as deemed necessary. The county CEO may modify a
     3  plan based on such  recommendations,  which  shall  include  an  updated
     4  certification as to the accuracy of the savings contained therein.
     5    7.  a.  A panel shall duly consider any plan properly submitted to the
     6  panel by the county CEO and may approve such plan by a majority vote  of
     7  the  panel.  Each  member  of a panel may, prior to the panel-wide vote,
     8  cause to be removed from a plan any proposed action affecting  the  unit
     9  of  government  represented  by the respective member. Written notice of
    10  such removal shall be provided to the county CEO prior to  a  panel-wide
    11  vote on a plan.
    12    b.  Plans approved by a panel shall be transmitted to the secretary of
    13  state no later than thirty days from the date of  approval  by  a  panel
    14  accompanied  by a certification as to the accuracy of the savings accom-
    15  panied therein, and shall be publicly disseminated to residents  of  the
    16  county  in a concise, clear, and coherent manner using words with common
    17  and everyday meaning.
    18    c. The county CEO shall conduct a public presentation of any  approved
    19  plan  no  later  than  thirty days from the date of approval by a panel.
    20  Public notice of such presentation shall be provided at least  one  week
    21  prior in the manner prescribed in subdivision one of section one hundred
    22  four of the public officers law.
    23    d.  Beginning  in  two thousand twenty, by January fifteenth following
    24  any calendar year during which a panel did not approve a plan and trans-
    25  mit such plan to the secretary of state pursuant to paragraph b of  this
    26  subdivision,  the  county  CEO of such panel shall release to the public
    27  and transmit to the secretary of state a statement  explaining  why  the
    28  panel  did  not  approve a plan that year, including, for each vote on a
    29  plan, the vote taken by each panel member and  an  explanation  by  each
    30  panel member of their vote.
    31    8.  For  each  county,  new  shared services actions not included in a
    32  previously approved and submitted plan pursuant to this section or  part
    33  BBB  of chapter fifty-nine of the laws of two thousand seventeen, may be
    34  eligible for funding to match  savings  from  such  action,  subject  to
    35  available  appropriation.  Savings  that  are  actually and demonstrably
    36  realized by the participating local governments are eligible for  match-
    37  ing  funding.  For actions that are part of an approved plan transmitted
    38  to the secretary of state in accordance with paragraph b of  subdivision
    39  seven  of  this  section,  savings  achieved  from January first through
    40  December thirty-first from new actions implemented on or  after  January
    41  first through December thirty-first of the year immediately following an
    42  approved and transmitted plan may be eligible for matching funding. Only
    43  net  savings between local governments for each action would be eligible
    44  for matching funding. Savings from internal efficiencies  or  any  other
    45  action  taken by a local government without the participation of another
    46  local government are not eligible for matching funding. Each county  and
    47  all  of  the  local  governments  within the county that are part of any
    48  action to be implemented as part of an approved plan  must  collectively
    49  apply  for the matching funding and agree on the distribution and use of
    50  any matching funding in order to qualify for matching funding.
    51    9. The department of state shall prepare a report to the governor, the
    52  temporary president of the senate and the speaker of the assembly on the
    53  county-wide shared services plans approved  by  the  county-wide  shared
    54  services  panels  created  pursuant to part BBB of chapter fifty-nine of
    55  the laws of two thousand seventeen and this article and shall  post  the
    56  report  on the department's website. Such report shall be provided on or

        S. 7505--C                         21                         A. 9505--D
 
     1  before June thirtieth, two thousand twenty-two and  shall  include,  but
     2  not be limited to, the following:
     3    a.  a  detailed  summary  of  projects  included in county-wide shared
     4  services plans by category, such as:
     5    (1) public health and insurance;
     6    (2) emergency services;
     7    (3) sewer, water, and waste management systems;
     8    (4) energy procurement and efficiency;
     9    (5) parks and recreation;
    10    (6) education and workforce training;
    11    (7) law and courts;
    12    (8) shared equipment, personnel, and services;
    13    (9) joint purchasing;
    14    (10) governmental reorganization;
    15    (11) transportation and highway departments; and
    16    (12) records management and administrative functions.
    17    b. for each of the counties the following information:
    18    (1) a detailed  summary  of  each  of  the  savings  plans,  including
    19  revisions  and  updates  submitted each year or the statement explaining
    20  why the county did not approve a plan in any year;
    21    (2) the anticipated savings for each plan;
    22    (3) the number of cities, towns and villages in the county;
    23    (4) the number of cities, towns and villages that  participated  in  a
    24  panel, as reported in a plan;
    25    (5)  the number of school districts, boards of cooperative educational
    26  services, fire districts, fire protection districts,  or  other  special
    27  districts in the county; and
    28    (6)  the number of school districts, boards of cooperative educational
    29  services, fire districts, fire protection districts,  or  other  special
    30  districts that participated in a panel, as reported in a plan.
    31    10.  The secretary of state may solicit, and the panels may provide at
    32  her or  his  request,  advice  and  recommendations  concerning  matters
    33  related  to  the  operations  of  local  governments and shared services
    34  initiatives, including,  but  not  limited  to,  making  recommendations
    35  regarding  grant  proposals  incorporating  elements of shared services,
    36  government dissolutions, government and service consolidations, or prop-
    37  erty taxes and such other grants where the secretary deems the input  of
    38  the  panels  to  be  in the best interest of the public. The panel shall
    39  advance such advice or recommendations by a vote of the majority of  the
    40  members present at such meeting.
    41    11. The authority granted by this article to a county CEO to convene a
    42  panel  for  the  purpose  of  revising or updating a previously approved
    43  plan, or developing a new plan, or to provide  the  secretary  of  state
    44  information  pursuant to subdivision ten of this section, shall cease on
    45  December thirty-first, two thousand twenty-one.
    46    § 2. Section  119-o of the general municipal law is amended by  adding
    47  a new subdivision 4 to read as follows:
    48    4.  Any  school  district or board of cooperative educational services
    49  may join a panel established pursuant to article twelve-I of this  chap-
    50  ter, and may further participate in any of the activities of such panel,
    51  with  any participating county, town, city, village, fire district, fire
    52  protection district, or special improvement  district  participating  in
    53  such   panels.  For  cooperative  agreements  which  involve  functions,
    54  services, or provisions permitted by this section, school districts  and
    55  boards  of cooperative educational services shall be permitted to create

        S. 7505--C                         22                         A. 9505--D
 
     1  and execute such agreements, when a part of the activity of such  panel,
     2  without opinion or approval of the state education department.
     3    §  3. If any clause, sentence, paragraph, subdivision, section or part
     4  of this act shall be adjudged by any court of competent jurisdiction  to
     5  be  invalid,  such  judgment shall not affect, impair, or invalidate the
     6  remainder thereof, but shall be confined in its operation to the clause,
     7  sentence, paragraph,  subdivision,  section  or  part  thereof  directly
     8  involved  in  the  controversy  in  which  such judgment shall have been
     9  rendered. It is hereby declared to be the intent of the legislature that
    10  this act would have been enacted even if such invalid provisions had not
    11  been included herein.
    12    § 4. This act shall take effect immediately.
 
    13                                   PART FF
 
    14    Section 1. Subdivision 7 of section 2046-c of the  public  authorities
    15  law, as added by chapter 632 of the laws of the 1982, is amended to read
    16  as follows:
    17    7.  There  shall  be  an  annual independent audit of the accounts and
    18  business practices of the agency performed by independent outside  audi-
    19  tors [nominated by the director of the division of the budget]. Any such
    20  auditor shall serve no more than three consecutive years.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART GG
 
    23                            Intentionally Omitted
 
    24                                   PART HH
 
    25                            Intentionally Omitted
 
    26                                   PART II
 
    27                            Intentionally Omitted
 
    28                                   PART JJ
 
    29    Section  1.  Paragraph  (i)  of subdivision 3 of section 130.05 of the
    30  penal law, as added by section 2 of part G of chapter 501 of the laws of
    31  2012, is amended and a new paragraph (j) is added to read as follows:
    32    (i) a resident  or  inpatient  of  a  residential  facility  operated,
    33  licensed  or  certified  by  (i)  the  office of mental health; (ii) the
    34  office for people with developmental disabilities; or (iii)  the  office
    35  of alcoholism and substance abuse services, and the actor is an employee
    36  of  the facility not married to such resident or inpatient. For purposes
    37  of this paragraph, "employee" means either: an employee  of  the  agency
    38  operating  the residential facility, who knows or reasonably should know
    39  that such person is a resident or inpatient of  such  facility  and  who
    40  provides  direct  care  services,  case  management services, medical or
    41  other clinical services, habilitative services or direct supervision  of
    42  the residents in the facility in which the resident resides; or an offi-
    43  cer  or other employee, consultant, contractor or volunteer of the resi-
    44  dential facility, who knows or reasonably should know that the person is
    45  a resident of such facility and who is in direct contact with  residents
    46  or  inpatients; provided, however, that the provisions of this paragraph

        S. 7505--C                         23                         A. 9505--D
 
     1  shall only apply to a  consultant,  contractor  or  volunteer  providing
     2  services pursuant to a contractual arrangement with the agency operating
     3  the  residential  facility  or,  in  the  case of a volunteer, a written
     4  agreement  with such facility, provided that the person received written
     5  notice concerning the provisions of this  paragraph;  provided  further,
     6  however,  "employee"  shall  not  include  a person with a developmental
     7  disability who is or was receiving services and is also an employee of a
     8  service provider and who has sexual contact with another service recipi-
     9  ent who is a consenting adult who has consented to such contact[.]; or
    10    (j) detained or otherwise in the custody of a  police  officer,  peace
    11  officer,  or  other  law  enforcement official and the actor is a police
    12  officer, peace officer or other law enforcement official who either: (i)
    13  is detaining or maintaining custody of such person; or  (ii)  knows,  or
    14  reasonably should know, that at the time of the offense, such person was
    15  detained or in custody.
    16    §  2.  Subdivision 4 of section 130.10 of the penal law, as amended by
    17  chapter 205 of the laws of 2011, is amended to read as follows:
    18    4. In any prosecution under this article in which the victim's lack of
    19  consent is based solely on his or her incapacity to consent  because  he
    20  or she was less than seventeen years old, mentally disabled, a client or
    21  patient  and  the actor is a health care provider, detained or otherwise
    22  in custody of law enforcement under the circumstances described in para-
    23  graph (j) of subdivision three of section 130.05  of  this  article,  or
    24  committed to the care and custody or supervision of the state department
    25  of  corrections and community supervision or a hospital and the actor is
    26  an employee, it shall be a defense that the defendant was married to the
    27  victim as defined in subdivision four of section 130.00 of this article.
    28    § 3. This act shall take effect on the thirtieth day  after  it  shall
    29  have become a law.
 
    30                                   PART KK
 
    31                            Intentionally Omitted
 
    32                                   PART LL
 
    33    Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
    34  public authorities law is amended by adding a new undesignated paragraph
    35  to read as follows:
    36    An authorized agency as defined by subdivision ten  of  section  three
    37  hundred  seventy-one  of  the  social services law, or a local probation
    38  department as defined by sections two hundred fifty-five and two hundred
    39  fifty-six of the executive law for the provision of detention facilities
    40  certified by the office of children  and  family  services  or  by  such
    41  office in conjunction with the state commission of correction or for the
    42  provision  of  residential facilities licensed by the office of children
    43  and family services including all  necessary  and  usual  attendant  and
    44  related facilities and equipment.
    45    §  2.  Subdivision  1 of section 1680 of the public authorities law is
    46  amended by adding a new undesignated paragraph to read as follows:
    47    An authorized agency as defined by subdivision ten  of  section  three
    48  hundred  seventy-one  of  the  social services law, or a local probation
    49  department as defined by sections two hundred fifty-five and two hundred
    50  fifty-six of the executive law for the provision of detention facilities
    51  certified by the office of children  and  family  services  or  by  such
    52  office in conjunction with the state commission of correction or for the

        S. 7505--C                         24                         A. 9505--D
 
     1  provision  of  residential facilities licensed by the office of children
     2  and family services including all  necessary  and  usual  attendant  and
     3  related facilities and equipment.
     4    §  3.  Subdivision  2 of section 1680 of the public authorities law is
     5  amended by adding a new paragraph k to read as follows:
     6    k. (1) For purposes of this section, the  following  provisions  shall
     7  apply to the powers in connection with the provision of detention facil-
     8  ities certified by the office of children and family services or by such
     9  office in conjunction with the state commission of correction or for the
    10  provision  of  residential facilities licensed by the office of children
    11  and family services including all  necessary  and  usual  attendant  and
    12  related facilities and equipment.
    13    (2)  Notwithstanding  any other provision of law, any entity as listed
    14  above shall have full power and authority to enter into such  agreements
    15  with  the  dormitory  authority  as  are  necessary  to  finance  and/or
    16  construct detention or residential facilities described above, including
    17  without limitation, the provision of fees and amounts necessary  to  pay
    18  debt  service  on  any obligations issued by the dormitory authority for
    19  same, and to assign and pledge to the dormitory authority, any  and  all
    20  public  funds  to be apportioned or otherwise made payable by the United
    21  States, any agency thereof, the state, any agency thereof,  a  political
    22  subdivision,  as defined in section one hundred of the general municipal
    23  law, any social services district in the state or any other governmental
    24  entity in an amount sufficient to make all payments required to be  made
    25  by  any  such  entity as listed above pursuant to any lease, sublease or
    26  other agreement entered into between any such entity as listed above and
    27  the dormitory authority. All state and local officers are hereby author-
    28  ized and required to pay all such funds so assigned and pledged  to  the
    29  dormitory  authority  or, upon the direction of the dormitory authority,
    30  to any trustee of any dormitory authority bond or note issued,  pursuant
    31  to  a  certificate  filed  with  any  such state or local officer by the
    32  dormitory authority pursuant to the provisions of this section.
    33    § 4. This act shall take effect immediately.
 
    34                                   PART MM
 
    35    Section 1. Paragraphs (b) and (c) of subdivision 3 of section  722  of
    36  the  county  law, as amended by section 3 of part E of chapter 56 of the
    37  laws of 2010, are amended to read as follows:
    38    (b) Any plan of a bar association must receive  the  approval  of  the
    39  [state  administrator] office of indigent legal services before the plan
    40  is placed in operation. In the county of Hamilton, representation pursu-
    41  ant to a plan of a bar association in accordance with  subparagraph  (i)
    42  of  paragraph (a) of this subdivision may be by counsel furnished by the
    43  Fulton county bar association pursuant to a plan of  the  Fulton  county
    44  bar  association, following approval of the [state administrator] office
    45  of indigent legal services. When considering approval of  an  office  of
    46  conflict  defender  pursuant  to this section, the [state administrator]
    47  office of indigent legal services shall employ  the  guidelines  it  has
    48  heretofore established [by the office of indigent legal services] pursu-
    49  ant to paragraph (d) of subdivision three of section eight hundred thir-
    50  ty-two of the executive law.
    51    (c)  Any county operating an office of conflict defender, as described
    52  in subparagraph (ii) of paragraph (a) of this subdivision, as  of  March
    53  thirty-first,  two  thousand  ten  may  continue to utilize the services
    54  provided by such office provided that the county submits a plan  to  the

        S. 7505--C                         25                         A. 9505--D
 
     1  state  administrator  within one hundred eighty days after the promulga-
     2  tion of criteria for the provision of conflict defender services by  the
     3  office  of  indigent  legal  services.  The authority to operate such an
     4  office  pursuant  to this paragraph shall expire when the state adminis-
     5  trator (or, on or after April first, two thousand nineteen,  the  office
     6  of  indigent  legal  services)  approves  or disapproves such plan. Upon
     7  approval, the county is authorized to operate such office in  accordance
     8  with paragraphs (a) and (b) of this subdivision.
     9    §  2.  Subdivision  3  of  section 722 of the county law is amended by
    10  adding a new paragraph (d) to read as follows:
    11    (d) For purposes of this subdivision, any plan of  a  bar  association
    12  approved  hereunder  pursuant  to this subdivision, as provided prior to
    13  April first, two thousand nineteen, shall remain in effect until  it  is
    14  superseded  by  a plan approved by the office of indigent legal services
    15  or disapproved by such office.
    16    § 3. Subdivision 1 of section 722-f of the county  law,  as  added  by
    17  chapter 761 of the laws of 1966 and as designated by section 4 of part J
    18  of chapter 62 of the laws of 2003, is amended to read as follows:
    19    1.  A public defender appointed pursuant to article eighteen-A of this
    20  chapter, a private legal aid bureau or society designated by a county or
    21  city pursuant to subdivision two of section seven hundred twenty-two  of
    22  this  [chapter] article, [and] an administrator of a plan of a bar asso-
    23  ciation appointed pursuant to subdivision three of section seven hundred
    24  twenty-two of this [chapter] article and an office of conflict  defender
    25  established  pursuant  to  such  subdivision shall file an annual report
    26  with the [judicial conference] chief administrator of the courts and the
    27  office of indigent legal services. Such report shall be  filed  at  such
    28  times and in such detail and form as the [judicial conference] office of
    29  indigent legal services may direct.
    30    § 4. This act shall take effect on April 1, 2019.
 
    31                                   PART NN
 
    32    Section  1. Section 135.60 of the penal law, as amended by chapter 426
    33  of the laws of 2008, is amended to read as follows:
    34  § 135.60 Coercion in the [second] third degree.
    35    A person is guilty of coercion in the [second] third degree when he or
    36  she compels or induces a person to engage in conduct  which  the  latter
    37  has a legal right to abstain from engaging in, or to abstain from engag-
    38  ing  in  conduct  in  which  he  or  she has a legal right to engage, or
    39  compels or induces a person to join a group,  organization  or  criminal
    40  enterprise which such latter person has a right to abstain from joining,
    41  by  means  of instilling in him or her a fear that, if the demand is not
    42  complied with, the actor or another will:
    43    1. Cause physical injury to a person; or
    44    2. Cause damage to property; or
    45    3. Engage in other conduct constituting a crime; or
    46    4. Accuse some person of a crime  or  cause  criminal  charges  to  be
    47  instituted against him or her; or
    48    5.  Expose  a  secret  or  publicize an asserted fact, whether true or
    49  false, tending to subject some person to hatred, contempt  or  ridicule;
    50  or
    51    6.  Cause  a  strike,  boycott  or other collective labor group action
    52  injurious to some person's business; except that such a threat shall not
    53  be deemed coercive when the act or omission compelled is for the benefit
    54  of the group in whose interest the actor purports to act; or

        S. 7505--C                         26                         A. 9505--D
 
     1    7. Testify or provide information or withhold testimony or information
     2  with respect to another's legal claim or defense; or
     3    8.  Use or abuse his or her position as a public servant by performing
     4  some act within or related to his or her official duties, or by  failing
     5  or  refusing  to  perform  an official duty, in such manner as to affect
     6  some person adversely; or
     7    9. Perform any other act which would not in itself materially  benefit
     8  the actor but which is calculated to harm another person materially with
     9  respect  to his or her health, safety, business, calling, career, finan-
    10  cial condition, reputation or personal relationships.
    11    Coercion in the [second] third degree is a class A misdemeanor.
    12    § 2. The penal law is amended by adding a new section 135.61  to  read
    13  as follows:
    14  § 135.61 Coercion in the second degree.
    15    A  person  is  guilty  of coercion in the second degree when he or she
    16  commits the crime of coercion in the third degree as defined in  section
    17  135.60 of this article and thereby compels or induces a person to engage
    18  in  sexual  intercourse,  oral  sexual conduct or anal sexual conduct as
    19  such terms are defined in section 130 of the penal law.
    20    Coercion in the second degree is a class E felony.
    21    § 3. Section 135.65 of the penal law, as amended by chapter 426 of the
    22  laws of 2008, is amended to read as follows:
    23  § 135.65 Coercion in the first degree.
    24    A person is guilty of coercion in the first  degree  when  he  or  she
    25  commits the crime of coercion in the [second] third degree, and when:
    26    1.  He  or  she  commits such crime by instilling in the victim a fear
    27  that he or she will cause physical injury to a person or cause damage to
    28  property; or
    29    2. He or she thereby compels or induces the victim to:
    30    (a) Commit or attempt to commit a felony; or
    31    (b) Cause or attempt to cause physical injury to a person; or
    32    (c) Violate his or her duty as a public servant.
    33    Coercion in the first degree is a class D felony.
    34    § 4. The opening paragraph of subdivision 1 of section 530.11  of  the
    35  criminal  procedure  law, as amended by chapter 526 of the laws of 2013,
    36  is amended to read as follows:
    37    The family court and the criminal courts shall have concurrent  juris-
    38  diction  over  any  proceeding  concerning  acts  which would constitute
    39  disorderly conduct, harassment in the first degree,  harassment  in  the
    40  second  degree,  aggravated  harassment  in  the  second  degree, sexual
    41  misconduct, forcible touching, sexual abuse in the third degree,  sexual
    42  abuse  in  the  second degree as set forth in subdivision one of section
    43  130.60 of the penal law, stalking in the first degree, stalking  in  the
    44  second  degree,  stalking  in  the  third degree, stalking in the fourth
    45  degree, criminal mischief, menacing in the second  degree,  menacing  in
    46  the  third  degree,  reckless  endangerment,  strangulation in the first
    47  degree, strangulation in the  second  degree,  criminal  obstruction  of
    48  breathing or blood circulation, assault in the second degree, assault in
    49  the  third  degree,  an  attempted  assault, identity theft in the first
    50  degree, identity theft in the second degree, identity theft in the third
    51  degree, grand larceny in the fourth degree, grand larceny in  the  third
    52  degree  [or],  coercion  in  the  second degree or coercion in the third
    53  degree as set forth in subdivisions one, two and three of section 135.60
    54  of the penal law between spouses or former spouses,  or  between  parent
    55  and child or between members of the same family or household except that
    56  if  the  respondent would not be criminally responsible by reason of age

        S. 7505--C                         27                         A. 9505--D
 
     1  pursuant to section 30.00 of the penal law, then the family court  shall
     2  have  exclusive  jurisdiction  over  such  proceeding. Notwithstanding a
     3  complainant's election to proceed in family court,  the  criminal  court
     4  shall  not be divested of jurisdiction to hear a family offense proceed-
     5  ing pursuant to this section. For purposes of this section,  "disorderly
     6  conduct" includes disorderly conduct not in a public place. For purposes
     7  of  this section, "members of the same family or household" with respect
     8  to a proceeding in the criminal courts shall mean the following:
     9    § 5. The opening paragraph of subdivision 1  of  section  812  of  the
    10  family  court  act,  as  amended  by chapter 526 of the laws of 2013, is
    11  amended to read as follows:
    12    The family court and the criminal courts shall have concurrent  juris-
    13  diction  over  any  proceeding  concerning  acts  which would constitute
    14  disorderly conduct, harassment in the first degree,  harassment  in  the
    15  second  degree,  aggravated  harassment  in  the  second  degree, sexual
    16  misconduct, forcible touching, sexual abuse in the third degree,  sexual
    17  abuse  in  the  second degree as set forth in subdivision one of section
    18  130.60 of the penal law, stalking in the first degree, stalking  in  the
    19  second  degree,  stalking  in  the  third degree, stalking in the fourth
    20  degree, criminal mischief, menacing in the second  degree,  menacing  in
    21  the third degree, reckless endangerment, criminal obstruction of breath-
    22  ing or blood circulation, strangulation in the second degree, strangula-
    23  tion  in  the first degree, assault in the second degree, assault in the
    24  third degree, an attempted assault, identity theft in the first  degree,
    25  identity theft in the second degree, identity theft in the third degree,
    26  grand  larceny  in  the fourth degree, grand larceny in the third degree
    27  [or], coercion in the second degree or coercion in the third  degree  as
    28  set  forth  in  subdivisions one, two and three of section 135.60 of the
    29  penal law between spouses or former spouses, or between parent and child
    30  or between members of the same family or household except  that  if  the
    31  respondent would not be criminally responsible by reason of age pursuant
    32  to  section  30.00  of  the  penal law, then the family court shall have
    33  exclusive  jurisdiction  over   such   proceeding.   Notwithstanding   a
    34  complainant's  election  to  proceed in family court, the criminal court
    35  shall not be divested of jurisdiction to hear a family offense  proceed-
    36  ing  pursuant  to this section. In any proceeding pursuant to this arti-
    37  cle, a court shall not deny an order of protection, or dismiss  a  peti-
    38  tion,  solely  on  the  basis  that  the  acts or events alleged are not
    39  relatively contemporaneous with the date of the petition, the conclusion
    40  of the fact-finding or the conclusion of the dispositional hearing.  For
    41  purposes  of  this  article,  "disorderly  conduct"  includes disorderly
    42  conduct not in a public place. For purposes of this article, "members of
    43  the same family or household" shall mean the following:
    44    § 6. Paragraph (a) of subdivision 1 of section 821 of the family court
    45  act, as amended by chapter 526 of the laws of 2013, is amended  to  read
    46  as follows:
    47    (a)  An  allegation  that  the  respondent  assaulted  or attempted to
    48  assault his or her spouse, or former  spouse,  parent,  child  or  other
    49  member of the same family or household or engaged in disorderly conduct,
    50  harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
    51  third degree, sexual abuse in the second degree as set forth in subdivi-
    52  sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
    53  mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
    54  breathing or blood circulation, strangulation,  identity  theft  in  the
    55  first degree, identity theft in the second degree, identity theft in the
    56  third  degree,  grand larceny in the fourth degree, grand larceny in the

        S. 7505--C                         28                         A. 9505--D
 
     1  third degree [or], coercion in the second  degree  or  coercion  in  the
     2  third  degree as set forth in subdivisions one, two and three of section
     3  135.60 of the penal law, toward any such person;
     4    §  7. Paragraph c of subdivision 5 of section 120.40 of the penal law,
     5  as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
     6  follows:
     7    c. assault in the third degree, as defined in section 120.00; menacing
     8  in  the  first  degree,  as  defined  in section 120.13; menacing in the
     9  second degree, as defined in  section  120.14;  coercion  in  the  first
    10  degree,  as defined in section 135.65; coercion in the second degree, as
    11  defined in section 135.61; coercion in the third degree, as  defined  in
    12  section  135.60;  aggravated harassment in the second degree, as defined
    13  in section 240.30; harassment in the first degree, as defined in section
    14  240.25; menacing in the third degree,  as  defined  in  section  120.15;
    15  criminal  mischief  in  the  third degree, as defined in section 145.05;
    16  criminal mischief in the second degree, as defined  in  section  145.10,
    17  criminal  mischief  in  the  first degree, as defined in section 145.12;
    18  criminal tampering in the first degree, as defined  in  section  145.20;
    19  arson  in  the fourth degree, as defined in section 150.05; arson in the
    20  third degree, as defined in section 150.10;  criminal  contempt  in  the
    21  first degree, as defined in section 215.51; endangering the welfare of a
    22  child, as defined in section 260.10; or
    23    §  8.  Subdivision  2  of section 240.75 of the penal law, as added by
    24  section 2 of part D of chapter 491 of the laws of 2012,  is  amended  to
    25  read as follows:
    26    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    27  (assault in the third degree); section 120.05  (assault  in  the  second
    28  degree);  section  120.10  (assault in the first degree); section 120.13
    29  (menacing in the first degree); section 120.14 (menacing in  the  second
    30  degree);  section  120.15 (menacing in the third degree); section 120.20
    31  (reckless endangerment in the second degree); section  120.25  (reckless
    32  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    33  fourth degree); section 120.50 (stalking in the third  degree);  section
    34  120.55  (stalking in the second degree); section 120.60 (stalking in the
    35  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    36  blood circulation); section 121.12 (strangulation in the second degree);
    37  section  121.13  (strangulation in the first degree); subdivision one of
    38  section 125.15 (manslaughter in the second degree); subdivision one, two
    39  or four of section 125.20 (manslaughter in the  first  degree);  section
    40  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    41  duct); section 130.30 (rape in the second degree); section 130.35  (rape
    42  in  the  first degree); section 130.40 (criminal sexual act in the third
    43  degree); section 130.45 (criminal sexual  act  in  the  second  degree);
    44  section 130.50 (criminal sexual act in the first degree); section 130.52
    45  (forcible  touching);  section 130.53 (persistent sexual abuse); section
    46  130.55 (sexual abuse in the third degree); section 130.60 (sexual  abuse
    47  in  the  second  degree);  section  130.65  (sexual  abuse  in the first
    48  degree); section 130.66 (aggravated sexual abuse in the  third  degree);
    49  section  130.67  (aggravated sexual abuse in the second degree); section
    50  130.70 (aggravated sexual abuse in the  first  degree);  section  130.91
    51  (sexually  motivated felony); section 130.95 (predatory sexual assault);
    52  section 130.96 (predatory  sexual  assault  against  a  child);  section
    53  135.05  (unlawful  imprisonment  in  the  second degree); section 135.10
    54  (unlawful imprisonment in the first degree); section 135.60 (coercion in
    55  the [second] third degree);  section  135.61  (coercion  in  the  second
    56  degree);  section  135.65 (coercion in the first degree); section 140.20

        S. 7505--C                         29                         A. 9505--D
 
     1  (burglary in the third degree); section 140.25 (burglary in  the  second
     2  degree);  section  140.30 (burglary in the first degree); section 145.00
     3  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
     4  mischief  in the third degree); section 145.10 (criminal mischief in the
     5  second degree); section 145.12 (criminal mischief in the first  degree);
     6  section  145.14 (criminal tampering in the third degree); section 215.50
     7  (criminal contempt in  the  second  degree);  section  215.51  (criminal
     8  contempt  in  the  first  degree);  section  215.52 (aggravated criminal
     9  contempt); section 240.25 (harassment in the first degree);  subdivision
    10  one,  two or four of section 240.30 (aggravated harassment in the second
    11  degree); aggravated family offense as defined in  this  section  or  any
    12  attempt  or conspiracy to commit any of the foregoing offenses where the
    13  defendant and the person against whom the  offense  was  committed  were
    14  members of the same family or household as defined in subdivision one of
    15  section 530.11 of the criminal procedure law.
    16    §  9.  Subdivision 3 of section 485.05 of the penal law, as amended by
    17  chapter 405 of the laws of 2010, is amended to read as follows:
    18    3. A "specified offense" is an offense defined by any of the following
    19  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    20  degree);  section  120.05 (assault in the second degree); section 120.10
    21  (assault in the first degree); section 120.12 (aggravated assault upon a
    22  person less than eleven years old);  section  120.13  (menacing  in  the
    23  first  degree);  section 120.14 (menacing in the second degree); section
    24  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    25  germent  in the second degree); section 120.25 (reckless endangerment in
    26  the first degree); section 121.12 (strangulation in the second  degree);
    27  section  121.13  (strangulation in the first degree); subdivision one of
    28  section 125.15 (manslaughter in the second degree); subdivision one, two
    29  or four of section 125.20 (manslaughter in the  first  degree);  section
    30  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    31  fourth degree); section 120.50 (stalking in the third  degree);  section
    32  120.55  (stalking in the second degree); section 120.60 (stalking in the
    33  first degree); subdivision one of section  130.35  (rape  in  the  first
    34  degree);  subdivision  one of section 130.50 (criminal sexual act in the
    35  first degree); subdivision one of section 130.65 (sexual  abuse  in  the
    36  first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
    37  (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
    38  vision  one  of  section  130.70  (aggravated  sexual abuse in the first
    39  degree); section 135.05 (unlawful imprisonment in  the  second  degree);
    40  section  135.10  (unlawful  imprisonment  in  the first degree); section
    41  135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
    42  the  first  degree);  section  135.60  (coercion  in  the [second] third
    43  degree); section 135.61 (coercion in the second degree); section  135.65
    44  (coercion in the first degree); section 140.10 (criminal trespass in the
    45  third  degree); section 140.15 (criminal trespass in the second degree);
    46  section 140.17 (criminal trespass in the first degree);  section  140.20
    47  (burglary  in  the third degree); section 140.25 (burglary in the second
    48  degree); section 140.30 (burglary in the first degree);  section  145.00
    49  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    50  mischief in the third degree); section 145.10 (criminal mischief in  the
    51  second  degree); section 145.12 (criminal mischief in the first degree);
    52  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
    53  the  third degree); section 150.15 (arson in the second degree); section
    54  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    55  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    56  (grand larceny in the third degree); section 155.40  (grand  larceny  in

        S. 7505--C                         30                         A. 9505--D
 
     1  the  second degree); section 155.42 (grand larceny in the first degree);
     2  section 160.05 (robbery in the third degree); section 160.10 (robbery in
     3  the second degree);  section  160.15  (robbery  in  the  first  degree);
     4  section 240.25 (harassment in the first degree); subdivision one, two or
     5  four  of section 240.30 (aggravated harassment in the second degree); or
     6  any attempt or conspiracy to commit any of the foregoing offenses.
     7    § 10. This act shall  take  effect  on  the  first  of  November  next
     8  succeeding the date on which it shall have become a law.
 
     9                                   PART OO
 
    10    Section 1. Commission established. (a) A commission to be known as the
    11  New  York state 2020 complete count commission, hereafter referred to as
    12  the commission, is hereby established to identify issues that  may  have
    13  led  to  past  United States census undercounts in New York state and to
    14  make recommendations to ensure an accurate  count  in  the  2020  United
    15  States census.
    16    (b) The commission shall consist of sixteen members to be appointed as
    17  follows:
    18    (i) four members, including the chair and co-chair, shall be appointed
    19  by  the  governor  from  executive  agencies and organizations that have
    20  significant interaction with the general public;
    21    (ii) two members shall be appointed by the governor from  agencies  of
    22  the  city of New York that have significant interaction with the general
    23  public;
    24    (iii) two members shall be  appointed  by  the  governor  representing
    25  interests of regions outside of the city of New York;
    26    (iv) three members shall be appointed by the speaker of the assembly;
    27    (v) one member shall be appointed by the minority leader of the assem-
    28  bly;
    29    (vi)  three  members  shall be appointed by the temporary president of
    30  the senate; and
    31    (vii) one member appointed by the minority leader of the senate.
    32    (c) The appointments made pursuant to this act shall,  to  the  extent
    33  practicable,  reflect  the diversity of the residents of this state with
    34  regard to race, ethnicity, gender, language, age, and  geographic  resi-
    35  dence  and,  to the extent practicable the appointing authorities shall,
    36  in considering potential appointees  to  the  commission,  consult  with
    37  organizations  devoted  to  representing  municipalities and educational
    38  institutions, and organizations providing services to the elderly, chil-
    39  dren, minority communities, and individuals and  communities  to  combat
    40  poverty.
    41    (d)  The  members  of the commission shall receive no compensation for
    42  their services as members.
    43    (e) Notwithstanding any inconsistent provision of any general, special
    44  or local law, ordinance, resolution or charter, no  officer,  member  or
    45  employee  of the state or of any public corporation shall forfeit his or
    46  her office or employment by reason of his or her acceptance of  appoint-
    47  ment as a member of the commission, nor shall service as such commission
    48  member be deemed incompatible or in conflict with such office or employ-
    49  ment.
    50    (f) The commission may appoint such staff as may be necessary to carry
    51  out  its  duties.  Such  staff  shall  receive no compensation for their
    52  services.
    53    § 2. Powers and duties of the commission.  (a)  The  commission  shall
    54  study,  examine  and  review the issues that may have led to past United

        S. 7505--C                         31                         A. 9505--D
 
     1  States census undercounts in New York state and shall  make  recommenda-
     2  tions to ensure an accurate count in the 2020 United States census.
     3    (b) The commission may meet and hold public hearings and events within
     4  the state.
     5    (c) The commission may establish committees and workgroups in further-
     6  ance  of  the  purposes  set  forth in this act, and may include on such
     7  committees and workgroups individuals who are not members of the commis-
     8  sion.
     9    (d) The commission may request and may receive from  any  subdivision,
    10  department,  board, commission, office, agency, or other instrumentality
    11  of the state or of any political subdivision  thereof  such  facilities,
    12  assistance and data reasonably available as it deems necessary or desir-
    13  able for the proper execution of its powers and duties and to effectuate
    14  the purposes set forth in this act.
    15    (e)  The  commission  is  authorized  and  empowered to enter into any
    16  agreements and to do and perform any acts that may be necessary, desira-
    17  ble or proper to carry out the purposes  and  objectives  of  this  act,
    18  including  entering  into  contracts in furtherance of the provisions of
    19  this act.
    20    (f) On or before January 10, 2019, the commission  shall  transmit  to
    21  the  governor and the legislature a report containing an overview of the
    22  issues that may have led to past United States census undercounts in New
    23  York state and a comprehensive action plan for state and  local  govern-
    24  mental and non-governmental agencies to work together to ensure an accu-
    25  rate  count  in  the  2020  United States census. Such report shall also
    26  include recommendations on state funds for  the  2019-2020  fiscal  year
    27  necessary to ensure an accurate count in the 2020 United States census.
    28    (g)  On  or  before January 10, 2020, the commission shall transmit to
    29  the governor and the Legislature a report detailing the actions taken by
    30  the commission since the initial report, and detail  how  any  appropri-
    31  ations  made  for  the  2019-2020  fiscal  year will be used to meet the
    32  recommendations and action plan made in the commission's initial report,
    33  and include any recommended changes to its previous  recommendations  on
    34  state  funds  necessary  to  ensure an accurate count in the 2020 United
    35  States census.
    36    (h) The commission shall continue  in  existence  until  December  31,
    37  2020.
    38    § 3. This act shall take effect immediately.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion,  section  or  part  of  this act shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder thereof, but shall be confined in
    43  its operation to the clause, sentence, paragraph,  subdivision,  section
    44  or part thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the  legislature  that  this  act  would  have been enacted even if such
    47  invalid provisions had not been included herein.
    48    § 3. This act shall take effect immediately  provided,  however,  that
    49  the applicable effective date of Parts A through OO of this act shall be
    50  as specifically set forth in the last section of such Parts.
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