S6255D-2011 Actions

• Mar 30, 2012: SIGNED CHAP.55
• Mar 30, 2012: DELIVERED TO GOVERNOR
• Mar 28, 2012: returned to senate
• Mar 28, 2012: passed assembly
• Mar 28, 2012: motion to amend lost
• Mar 28, 2012: motion to amend lost
• Mar 28, 2012: ordered to third reading rules cal.23
• Mar 28, 2012: substituted for a9055d
• Mar 28, 2012: referred to ways and means
• Mar 28, 2012: DELIVERED TO ASSEMBLY
• Mar 28, 2012: PASSED SENATE
• Mar 28, 2012: ORDERED TO THIRD READING CAL.471
• Mar 25, 2012: PRINT NUMBER 6255D
• Mar 25, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Mar 11, 2012: PRINT NUMBER 6255C
• Mar 11, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 17, 2012: PRINT NUMBER 6255B
• Feb 17, 2012: AMEND AND RECOMMIT TO FINANCE
• Feb 10, 2012: PRINT NUMBER 6255A
• Feb 10, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 17, 2012: REFERRED TO FINANCE

S6255D-2011 Meetings

S6255D-2011 Calendars

S6255D-2011 Votes

S6255D-2011 Memo

BILL NUMBER:S6255

TITLE OF BILL:
An act
to amend the executive law, in relation to the DNA testing of certain
offenders convicted of a crime (Part A);
to repeal section 396-ff of the general business law, relating to the
pistol and revolver ballistic identification databank (Part B);
to amend the vehicle and traffic law, in relation to the administration
of traffic infractions (Part C);
to amend the penal law,
the correction law, and
the criminal procedure law,
in relation to terms of probation
and probation detainer warrants (Part D);
to amend the penal law, the civil practice law and rules and the
criminal procedure law, in relation to the seizure and forfeiture of
proceeds of felony and misdemeanor crimes (Part E);
to amend chapter 503 of the laws of 2009, relating to the disposition of
monies recovered by county district attorneys before the filing of
an
accusatory instrument, in relation to the effectiveness thereof (Part F);
to amend the executive law, in relation to disaster
preparedness (Part G);
to amend the retirement and social security law, the education law
and the administrative code of the city of New York,
in relation to persons joining the New York state and local
employees'
retirement system, the New York state and local police
and fire retirement system,
the New York state teachers'
retirement system,
the New York city employees' retirement system, the New York city
teachers' retirement system, the New York city board of education
retirement system, the New York city police pension fund, or the New
York city fire pension fund
on or after April 1, 2012 (Part H);
to amend the civil service law, in relation to the
reimbursement of
medicare premium charges for employees and retired employees of the
state, public authorities, public benefit corporations or other
quasi-public organizations of the state (Part I);
to amend the state finance law, in relation to reappropriation
bills (Part J);
to amend the public lands, in relation to state aid on certain state
leased or state-owned land (Part K);
to amend the state finance law, in
relation to the exemption of centralized
contracts from audit prior to
finalization, the ability to designate
an agency contract as a statewide
contract, the expansion of state

contract rights for local governments
and non-profit organizations, amending
the definition of best value and lowest
price for procurement and in relation to modifications of contracts
by not-for-profit corporations;
to amend the general
municipal law, in relation to expanding
contract use rights for
local governments; to
amend the New York
state printing and public
documents law, the state finance law,
the not-for-profit corporation law, the education
law and the general municipal law, in
relation to the procurement of
department printing;
to amend chapter 741 of the laws of 1985 relating to
authorizing certain organizations to purchase commodities under
contracts let
by the state office of general services,
in relation to purchases by charitable organizations;
to amend chapter 83
of the laws of 1995 amending the state finance law and other laws
relating to bonds, notes, and revenues, in relation to the effectiveness
of certain provisions thereof;
and to repeal sections 6 and 7 of the New York state printing and public
documents law, relating to department printing (Part L);
to amend the civil service law, in relation to authorizing term
appointments without examination for certain information technology
positions; filling vacancies by open competitive or upon promotion
examination; certification of eligible lists from an open promotion
examination; departmental and interdepartmental promotion lists;
promotion examination opportunities for employees in non-competitive or
labor class; promotion and
transfer to administrative positions in the
state service; transfer of employees in the non-competitive class where
possession of credentials, licenses or certifications is required; and
transfer of personnel upon consolidation or merge of departments or
agencies (Part M);
to provide for the administration of
certain funds and accounts related to
the 2012-13 budget; authorizing certain
payments and transfers;
to amend
the state finance law, in relation to
school tax relief fund;
to amend the state
finance law, in relation to issuance of
certificates of participation, variable
rate bonds, payments, transfers and
deposits of funds and investment of
general funds, bond proceeds, and other

funds not immediately required; to
amend the public authorities law, in
relation to state environmental
infrastructure projects; to amend
chapter 61 of the laws of 2005, relating
to
providing for the administration of certain funds and
accounts related to the 2005-2006 budget,
in relation to the Division of Military
and Naval Affairs Capital Projects;
to amend
chapter 389 of the laws of 1997,
relating to the financing of the
correctional facilities improvement fund
and the youth facility improvement fund,
in relation to the issuance of bonds; to
amend the private housing finance law,
in relation to housing program bonds and
notes; to amend chapter 329 of the laws
of 1991, amending the state finance law
and other laws relating to the
establishment of the dedicated highway
and bridge trust fund, in relation to
the issuance of bonds;
to amend the public
authorities law, in relation to courthouse improvements and
training facilities,
metropolitan transportation authority facilities, peace
bridge
projects and issuance of bonds by the dormitory authority;
to amend the New York state urban development corporation
act, in
relation to funding project costs for the state university of New York
college for nanoscale and science engineering
and the NY-SUNY 2020 challenge grant program; to amend chapter 57 of
the laws of 2008, relating to providing for the administration of
certain funds and accounts related to the 2008-2009 budget, in relation
to the effectiveness thereof; to amend chapter 56 of the laws of 2009,
relating to providing for the administration of certain funds and
accounts related to the 2009-10 budget, in relation to the effectiveness
thereof;
to amend chapter 56 of the laws of 2010, relating to providing
for the administration of certain funds and accounts related to the
2009-10 budget, in relation to the effectiveness thereof;
to amend chapter 61 of the laws of 2000, amending the public authorities
law relating to the metropolitan transportation authority, the New York
city transit authority, and the Triborough bridge and tunnel authority,
in relation to authorizations to issue bonds and notes;
to repeal
sections 90-b, 91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c,
94-d, 96, 97-n, 97-o,
97-cc, 97-ff, 97-ss,

97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and 99-i
of the state finance law relating
thereto; to repeal subdivision 5 of section 233-a and subdivision 3-a
of section 378
of the education law
relating thereto;
to repeal paragraph f of subdivision 31 of section 1680 of the public
authorities law relating to the reserve funds of private not-for-profit
schools established with the dormitory authority; to repeal section 1022
of the private housing finance law relating to the rural housing
assistance fund; to repeal section 12 of chapter 1040 of the laws of
1981 relating to penalties for violations of the lobbying act; to repeal
chapter 50 of the laws of 1993 relating to making appropriations for the
support of government;
and providing for the repeal of certain provisions upon
expiration thereof (Part N);
to amend the state technology law, the civil service law, the executive
law, the state finance law, the tax law, and the county law, in relation
to renaming the office for technology the office of information
technology services (Part O);
to amend the state finance law, in relation to aid and incentive to
municipalities (Part P); and
to pay
the metropolitan transportation authority the costs
associated with reimbursements for E-ZPass
tolls paid by the residents of Broad
Channel and the Rockaway Peninsula for travel over the Cross Bay
Veterans Memorial Bridge (Part Q)

PURPOSE:
This bill contains provisions needed to implement the Public
Protection and General Government portions of the 2012-13 Executive
Budget.

This memorandum describes Parts A through Q of the bill which are
described wholly within the parts listed below.

Part A - Expand the list of offenses for which DNA samples will be
collected and entered into the State DNA Databank.

Purpose:

This bill will expand the amount of information in the DNA Databank,
which will help solve more crimes and establish the innocence of some
suspects.

Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:

Currently, DNA samples are collected from persons convicted of all
Penal Law felonies and some Penal Law misdemeanors. In addition,
existing law does not make clear which officials are responsible for

collecting DNA samples in various cases, which has resulted in some
offenders not providing DNA samples as ordered.

The DNA Databank is a powerful tool both for crime fighting and for
establishing a defendant's innocence. Since its inception in 1996,
there have been more than 10,000 hits against the Databank resulting
in over 2,700 convictions. The Databank also plays a significant role
in helping to determine who did not commit a crime. There have been
27 individuals exonerated in New York through DNA evidence, as well
as countless suspects who have been excluded and cleared, most often
at the earliest stages of an investigation.

Despite the fact that DNA is a proven tool that solves cold cases,
prevents crime and exonerates the innocent, 52% of Penal Law crimes
are still ineligible for DNA collection, including at least 200
misdemeanors, as well as all crimes defined outside the Penal Law. To
further the important goals served by the DNA Databank, this bill
would further expand the number of crimes for which convicted
defendants must provide DNA samples to include all felonies defined
in any chapter of the laws of New York, as well as all misdemeanors
defined in the Penal Law. Based on New York's prior experiences with
expansion of the Databank, which demonstrated that inclusion of
additional DNA samples is a useful tool in fighting and preventing
crime and exonerating the innocent, this further expansion will
assuredly result in more cases being solved, more crimes being
prevented and more opportunities for convicted offenders to establish
their innocence.

To ensure that DNA samples are actually collected, and collected in a
timely manner, the bill also specifies which officials are
responsible for sample collection. The most difficult collections are
those involving a non-incarcerative/non-supervised sentence, such as
sentences of conditional discharge, time-served and fines.
Twenty-eight percent of offenders receiving these sentences fail to
provide samples because the law does not specify who is to collect
the sample. A statewide process that requires courts to order
offenders to a sheriffs' office and for that office to collect the
sample will remedy this problem.

Budget Implications:

Enactment of this bill is expected to cost approximately $700,000 in
2012-13, with a full annual cost of $1.4 million. This amount
includes the cost of additional personnel in the Division of Criminal
Justice Services and of DNA test kits and State Police forensic
laboratory consumables.

Effective Date:

This bill takes effect October 1, 2012.

Part B - Repeal the requirement for a pistol and revolver ballistic
identification database, known as CoBIS and replaced with a
nationally recognized alternative.

Purpose:

This bill will permit the Division of State Police to terminate
maintenance of a pistol and revolver ballistic identification
database, known as CoBIS.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Under current statute, the State Police is required to maintain a
pistol and revolver ballistic identification database, which has
become known as CoBIS (Combined Ballistic
Identification System). It was designed to identify guns used in
crimes by comparing unique markings on the shells of the expended
casings with the marks made on all reference shells that gunsmiths
and dealers send the State Police for every firearm sold in the
State. Against the ballistic information for thousands of weapons
entered into the system since its inception, only a few matches have
been made and no associated crimes have been solved. Given the
frequency of violent crimes being committed with firearms that are
either reported stolen or were transported into the State illegally,
CoBIS is an ineffective crime-solving tool and cannot be viewed as
cost effective.

This bill would repeal section 396-ff of the General Business Law to
permit the State Police to eliminate CoBIS. Rather than continue
support for this ineffective database, the State will invest in
enhanced systems and equipment that will permit local and State crime
laboratories to maximize their use of the National Integrated
Ballistics Information Network (NIBIN). This system, which is already
used by New York State law enforcement as an effective crime-solving
tool, allows firearms technicians to compare markings on bullets and
cartridges recovered from a crime scene with similar evidence
recovered from crime scenes in other jurisdictions.

Budget Implications:

This measure will generate approximately $200,000 in savings
associated with discontinuing maintenance of CoBIS. These savings
will be re-invested in upgraded systems and equipment that will
permit more effective use of NIBIN by local and State crime
laboratories.

Effective Date:

This bill takes effect immediately.

Part C - Require that the trial date for a traffic violation must be a
date subsequent to the date of an initial appearance.

Purpose:

This bill would prohibit the practice of issuing a subpoena to compel
a police officer to appear at the initial court appearance on a
traffic violation.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under section 610.10 of the Criminal Procedure Law, a court may only
issue a subpoena to compel a police officer to appear as a "witness"
at a court proceeding; it cannot compel an officer to simply "attend"
a proceeding. Moreover, section 1806 of the Vehicle and Traffic Law
(VTL), which sets forth the procedures governing initial appearances
on traffic
violations for alleged violators who do not enter a guilty plea by
mail, provides no guidance on scheduling trials for traffic violations.

This bill would amend section 1806 of the VTL to clarify that a trial
date must be set for a date after the date of an initial appearance.
The first appearance cannot be the date of trial although the right
to plead on the initial appearance is not impacted. Thus, an officer
cannot be subpoenaed to simply "attend" an initial appearance,
because no trial is possible.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because it would appreciably reduce the number of appearances
that police officers make in certain jurisdictions where officers are
routinely subpoenaed to appear on the initial appearance date of a
simplified traffic information where no trial is realistically
possible. This will result in significant cost avoidance for certain
State and local law enforcement agencies with no diminution of an
accused's constitutional rights.

Effective Date:

This bill takes effect immediately.

Part D - Provide more flexible probation sentencing options for the
courts.

Purpose:

This bill would amend the Penal Law, the Criminal Procedure Law and
the Correction Law to give courts discretion in setting the length of
a probation term.

Statement in Support, Summary of Provisions, Existing Law,.
and Prior Legislative History:

With certain exceptions, current law requires that the probation
sentence for defendants convicted of a felony must be five years and
the probation sentence for defendants convicted of a class A
misdemeanor or an unclassified misdemeanor must be three years. This
bill would give sentencing judges the discretion to impose a
determinate probation sentence of three, four or five years for a
felony conviction, and a determinate probation sentence of two or
three years for a class A or unclassified misdemeanor conviction.

The current probation terms do not reflect that all felonies and
misdemeanors are not deserving of the same punishment, nor are
offenders convicted of these crimes in need of the same period of
supervision. This bill would give judges the flexibility to impose
probation sentences commensurate with the seriousness of a particular
offense and the surrounding circumstances.

Research has demonstrated that the risk of recidivism is greatest
immediately following the imposition of a probation sentence, but
wanes during the succeeding months. Thus, giving judges the
discretion to impose a probation term of 24 months for misdemeanor
offenders and 36 months for felony offenders allows supervision
during times when recidivism is greatest, while giving a court the
option to impose an appropriate sanction for a violation, including a
longer term of probation or a prison or jail term.

This bill also adds a new section 410.92 to the Criminal Procedure Law
to authorize a probation director or deputy director to issue a
warrant for the temporary detention of an alleged probation violator
when a judge is not immediately available to issue such a warrant.
This authority would strengthen probation's capacity to respond
swiftly and certainly to probationers' violations of terms and
conditions of probation.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because the provisions are expected to generate cost savings
to local probation departments.

Effective Date:

This bill takes effect immediately; however, the provisions of section
one of this bill will only apply to offenses committed on or after
such effective date.

Part E - Expand the authority of State judges to order the forfeiture
of proceeds in a sentencing.

Purpose:
This bill would facilitate the use of the State's criminal
courts for the forfeiture of the proceeds of crimes rather than its
civil courts.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under State law, offenders retain the proceeds of their
misdemeanor-level crimes, and in felonies, a district attorney must
sue convicted criminals in civil court under Civil Practice Law and
Rules Article 13-A to obtain such proceeds. In 2008, over $4 million
dollars was seized by police in New York City and returned to the
defendants who were convicted of various misdemeanor offenses,
including trademark counterfeiting and gambling. Thus, the law often
allows a convicted criminal to retain the proceeds of criminal
activity.

This bill would provide a mechanism for criminal forfeiture that
closely mirrors federal law by empowering a judge to order a
forfeiture of the fruits of a crimes at the time of a defendant's
sentencing whether a defendant is sentenced for a felony or
misdemeanor conviction.

Budget Implications:

Currently, funds forfeited under State law are shared as follows after
the payment of restitution to the victim, fines and other costs: the
district attorney's office as the claiming authority receives 27%;
local law enforcement/investigative agency, as the claiming agent
receives 41%; and the State's Chemical Dependence Fund which
supports programs of the Office of Alcoholism and Substance Abuse
Services (OASAS) receives 32%.

Under the revenue sharing formula contained in this bill, the district
attorney's office, as the claiming authority, would receive 35%;
local law enforcement/investigative agency, as the claiming agent,
would receive 40%; and the State General Fund would receive 25%.

OASAS has annually used approximately $5 million in asset forfeiture
funds primarily to support the ongoing provision of chemical
dependence prevention programs through its voluntary provider
network. The 2012-13 Executive Budget holds OASAS harmless by
substituting General Fund support to maintain that level of funding.
This bill is expected to produce a net benefit of $2 million to the
General Fund in 2012-13.

Effective Date:

This bill takes effect immediately.

Part F - Continue provisions relating to the disposition of certain
monies recovered by county district attorneys.

Purpose:
This bill will continue, for another year, the existing formula for
distribution of certain monies recovered by county district attorneys.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill amends Chapter 503 of the Laws of 2009, as amended by Part B
of Chapter 57 of the Laws of 2011, to extend the effective date of
that provision until March 31, 2013. Pursuant to that law, a county
district attorney in New York City may retain a portion of settlement
monies paid before the filing of an accusatory instrument, and the
remaining amount is distributed equally between the State and the
City of New York. The existing statute will expire on March 31, 2012.

During the past four years, the Manhattan District Attorney's Office
has recovered significant monies from pre-indictment settlements
(i.e., pursuant to deferred prosecution agreements). For the past
three years, the State and the City of New York have received equal
distributions from the Manhattan District Attorney's recoveries. This
equal distribution will not be altered by this bill.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. It is necessary to ensure the receipt of revenues that were
anticipated in 2011-12 but which have not yet been received. By
continuing the distribution rules, this bill ensures that there will
be a State share in the event of a recovery in 2012-13 or any
subsequent fiscal year.

Effective Date:

This bill takes effect immediately.

Part G - Improve emergency response and disaster preparedness.

Purpose:
This bill would improve emergency responses under the Intrastate
Mutual Aid Plan and will enable the State to better prepare and
respond to disasters.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Intrastate Mutual Aid Program (IMAP) encourages local governments
to assist each other in responding to emergencies and disasters, by
providing personnel and equipment that may be needed to protect
safety and support recovery efforts.

This bill will clarify the responsibilities and obligations of both
the municipality that is requesting assistance and the responding
municipality. It will: (1) authorize the local emergency management
director to request and accept assistance and deploy resources; (2)
make the requesting local government liable and responsible for costs
for loss of any materials, supplies or equipment, and for salaries of
responders from other municipalities; (3) provide that emergency
response personnel of the assisting local government remain under the
administrative control of their employer, but under the operative
direction and control of officials of the incident management team of
the requesting local government; (4) provide employees of the
assisting local government the same immunities and privileges as if
such duties were performed in their home jurisdiction; (5) provide
that an assisting local government shall be liable for the negligence
of its assisting employees; and (6) provide that employees of an
assisting local government responding to a request for assistance who
sustain injury or death are
entitled to all applicable benefits as if they were responding in
their home jurisdiction (consistent with mutual aid protection
afforded under the General Municipal Law for fire and police).

The bill also amends Article 2-B of the Executive Law to allow better
coordination of disaster response at the State level. It will: (1)
update the composition of the Disaster Preparedness Commission (DPC)
to reflect current agency names and to remove those that no longer
exist; (2) create an operational arm (an "incident management team")
of any temporary organization established by the DPC to coordinate a
disaster response:
(3) delegate some authority to the director of the Office of Emergency
Management to act on behalf of the DPC; and (4) eliminate the
requirement that the Governor seek the advice of the DPC to
temporarily suspend certain provisions of the law that hinder
disaster response and recovery. Finally, the bill will limit local
state of emergency declarations to renewable 30-day periods.

Budget Implications:

The bill will ensure that when local governments assist each other in
responding to emergencies, disasters, and acts of terrorism, they can
do so with a complete understanding of the impact on their employees
and their budgets.

Effective Date:

This bill takes effect immediately.

Part H - Establish a Tier VI retirement benefit for new employees of
the State and local governments.

Purpose:

This bill would establish a Tier VI retirement benefit for new
employees of the State and local governments thereby providing
billions of dollars of fiscal relief to taxpayers, local governments
and the State.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Pension costs are one of the fastest growing expenses for both the
State and local governments. This bill would stabilize local property
taxes and provide significant mandate relief to public employers -
including school districts, counties, cities, towns and villages -
saving billions to taxpayers over time.

The proposed Tier VI for new employees includes fair and equitable
reform by: increasing employee contributions in a progressive fashion
based on salary, raising the retirement age, decreasing the pension
multiplier, excluding overtime and other payments from the
formula used to calculate final average salary for pension allowances,
and by making a defined contribution option available to all employees.

The defined benefit plan component of this reform would:

*Increase the employee contributions to the pension system from 3% to
4%, 5% or 6% depending on salary and further allow for modifications
to employee contributions, within limits, tied to economic conditions;

*Require that an employee be employed for 12 rather than 10 years
before having a vested pension benefit;

*Raise the retirement age for full member benefits from age 62 to age
65 and prohibit early retirements; and

*Decrease the pension multiplier from 2% to 1.67% for each year of
credited service.

A new defined contribution option would be voluntary for new employees
and improve financial planning for public employers. The new option
would:

*Provide a minimum employer contribution of 4% of salary;

*Provide for additional employer contributions of up to 3% of salary
when matched by the employee;

*Limit employer contributions to a maximum of 7% affording public
employers financial stability; and

*Create new portability and vesting features not available with
defined benefit options.

These reforms would save billions of dollars and keep pension costs
affordable for the State and local governments, school districts, and
other public employers by lessening this onerous burden, help drive
down property taxes, reward hardworking government employees and
maintain the fiscal integrity of localities and the State.

The following bill sections would impact members who first become
members of the New York State and Local Employees' Retirement System
(ERS), the New York State and Local Police and Fire Retirement System
(PFRS), the New York State Teachers' Retirement System (TRS), the New
York City Employees' Retirement System (NYCERS), the New York City
Teachers' Retirement System (NYCTRS), the New York City Board of
Education Retirement System (NYCBERS), New York City Police Pension
Fund, the New York City Fire Pension Fund or other optional
retirement systems established under the Education Law, on or after
April 1, 2012:

Section 1 of the bill would amend Retirement and Social Security Law
("RSSL") � 41 so that such members of the ERS or TRS would not be
granted any additional service credit for unused sick leave.

Section 2 of the bill would amend RSSL � 376 so that members of the
PFRS with less than 20 years of service would need at least 12 years
of service before becoming eligible for retirement benefits and need
to reach the age of 65 before receiving the vested
retirement allowance. Tier 6 PFRS members would retain the right to
retire upon the completion of 20 or 25 years of service, regardless
of age.

Section 3 of the bill would amend RSSL � 440 to close Tier 2 to new
investigator members of NYCERS in order to give them modified Tier 3
police/fire benefits.

Sections 4 and 5 of the bill would amend RSSL � 501 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified Tier 3 police/fire benefits. Also, Section 4 would amend
RSSL � 501 (24) so that wages upon which retirement benefits are
based for such members of the ERS and NYCERS would not include
overtime, wages in excess of the annual salary paid to the Governor
pursuant to joint resolution of both houses of the Legislature
($179,000), and lump sum payments for deferred compensation, sick
leave, accumulated vacation time or other credits for time not
worked, as well as any termination pay and any additional
compensation paid in anticipation of retirement, and to exclude
overtime compensation and certain lump sum and terminal leave
payments from pensionable earnings.

Section 6 of the bill would amend RSSL � 502 so that members of the
ERS would need at least 12 years of creditable service before being
eligible for retirement benefits.

Section 7 of the bill would amend RSSL � 503 so that members of the
ERS would need to reach the age of 65 before becoming eligible to
receive the normal service retirement benefit. It would also give new
NYCERS uniformed correction members modified Tier 3 police/fire
service retirement benefits rather than current Tier 3 uniformed
correction
service retirement benefits.

Section 8 of the bill would amend RSSL � 504 so that members of the
ERS, at normal retirement age would receive a pension equal to 1/60
of the final average salary multiplied by years of credited service
(not in excess of 30 years). In addition, the ability to retire prior
to reaching the normal retirement age would be eliminated.

Sections 9, 10 and 11 of the bill would amend RSSL �� 504-a, 504-b and
504-d, respectively, so that new NYC uniformed correction members
would get the benefits of a modified Tier 3 police/fire plan rather
than the current uniformed correction plans.

Section 12 of the bill would amend RSSL � 505 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified police/fire service retirement benefits.

Section 13 of the bill would amend RSSL � 507 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified police/fire accident disability retirement benefits.

Sections 14 and 15 of the bill would amend RSSL � 507-a and section 16
would amend RSSL � 507-c to give new NYC uniformed correction members
Tier 3 police/fire disability benefits.

Section 17 of the bill would amend RSSL � 508 to give new NYC
uniformed correction, uniformed sanitation and investigator members
police/fire ordinary death benefits.

Section 18 of the bill would amend RSSL � 510 to give new NYC
uniformed correction, uniformed sanitation and investigator members
who receive a service retirement benefit after 25 years full
escalation of benefits currently applicable to Tier 3 police/fire
members.

Section 19 of the bill would amend RSSL � 511 to give new NYC
uniformed correction members the same coordination with Social
Security benefits that is applicable to current Tier 3 police/fire
members, and which also would be applicable to new NYC uniformed
sanitation and investigator members.

Section 20 of the bill would amend RSSL � 512 so that affected members
would have their final average salary based on the average wages
earned by such member during five consecutive years which provide the
highest average wage. If wages in any one such year exceed the
average of the previous four years by more than 8%, the amount in

excess of 8% would be excluded from the computation of the final
average salary.

Section 21 of the bill would amend RSSL � 513 to make new NYC Tier 3
uniformed correction members ineligible to obtain service credit for
child care leave in order to equate their benefits with Tier 3
police/fire benefits.

Section 22 of the bill would amend RSSL � 513 to prohibit new
police/fire, uniformed correction, uniformed sanitation and
investigator members from receiving service credit for undocumented
sick leave used as terminal leave.

Section 23 of the bill would amend RSSL � 516 so that affected
employees who have 12 or more years of credited service will be
entitled to a "deferred vested benefit" equal to 1/60 of their final
average salary multiplied by years of credited service.

Section 24 of the bill would amend RSSL � 517 so that affected members
of ERS, NYCERS, the New York City Police Pension Fund, and the New
York City Fire Pension Fund would be required to contribute 4%, 5%,
or 6% of annual wages, depending on income levels, as their employee
contribution.

Section 25 of the bill would amend RSSL � 517-c to prohibit new NYC
uniformed correction, uniformed sanitation and investigator members
from borrowing on their member contributions in order to equate their
benefits with Tier 3 police/fire benefits.

Section 26 of the bill would add a new RSSL � 517-d to implement a
variable "risk/reward" system for affected members of ERS, NYCERS,
the New York City Police Pension Fund and the New York City Fire
Pension Fund that would decrease or increase, within limits, tied to
economic conditions.

Section 27 of the bill would amend RSSL � 600 to put new NYC uniformed
sanitation members in Tier 3 in order to give them modified Tier 3
police/fire benefits.

Section 28 of the bill would amend RSSL � 601 so that wages upon which
retirement benefits are based for affected employees would not
include overtime, wages in excess of the annual salary paid to the
Governor, and lump sum payments for deferred compensation, sick
leave, accumulated vacation time or other credits for time not
worked, as well as any termination pay and any additional
compensation paid in anticipation of retirement.

Section 29 of the bill would amend RSSL � 601 to define members who
join the NYCERS, NYCTRS or NYCBERS on or after April 1, 2012 as "New
York City revised plan members".

Section 30 of the bill would amend RSSL � 602 so that affected
employees would need at least 12 years of creditable service before
being eligible for retirement benefits.

Sections 31 of the bill would amend RSSL � 603 (a) so that affected
employees would need to reach the age of 65 before becoming eligible
to receive the normal service retirement benefit.

Section 32 of the bill would amend RSSL � 603 (i) by making conforming
changes and limiting retirement benefits available under Tier 5 to
employees who joined such systems before April 1, 2012.

Section 33 of the bill would amend RSSL � 603 (t) so that members of
the TRS would not be eligible for the early retirement benefit
provided in Ch. 504, L. 2009 to members who retire at age 57 with at
least 30 years of creditable service.

Section 34 of the bill would amend RSSL � 604 by adding a new
subdivision b-1 so that affected employees would be entitled to a
pension equal to 1/60 of their final average salary multiplied by
years of credited service (not in excess of 30 years) plus an
additional retirement allowance equal to 3/200 of the final average
salary for each year of credited service in excess of 30 years.

Sections 35 and 36 of the bill would amend RSSL � 604-b (transit
operating age 55/25-year plan); sections 37 and 38 would amend RSSL
604-c, as added by Chapter 472 of the Laws of 1995 (TBTA 20-year/age
50 plan); sections 41 and 42 would amend RSSL � 604-e, as amended by
Chapter 576 of the Laws of 2000 (dispatchers 25-year plan); sections
43 and 44 would amend RSSL � 604-e, as added by Chapter 577 of the
Laws of 2000 (EMT 25-year plan); sections 45 and 46 would amend RSSL
� 604-f, as added by Chapter 559 of the Laws of 2001 (deputy sheriff
25-year plan); sections 47 and 48 would amend RSSL � 604-f, as added
by Chapter 582 of the Laws of 2001 (special officers 25-year plan);
sections 49 and 50 would amend RSSL � 604-g (automotive members
25year/age 50 plan); and sections 51 and 52 would amend RSSL � 604-h
(police communications members 25-year plan) to provide 12-year
vesting, payable at age 65,
for new members of such special plans who do not reach the required
service thresholds of their retirement plan. New members with 20 or
25 years of service retain the right to retire with an unreduced
pension benefit, regardless of age. The benefits for all members in
these plans would be calculated using the service fractions
applicable to such plans under current law, and the 5-year final
average salary provisions proposed in this bill. All participants in
such plans would also contribute 4%, 5%, or 6% of salary for all
years of service, depending on salary levels, plus the rates for
additional member contributions established under current law.

Section 39 of the bill would amend RSSL � 604-c, as added by Chapter
96 of the Laws of 1995, to make the age, 55/25-year plan inapplicable
to new members of NYCERS and BERS; section 40 would amend RSSL

604-d to make the age 57/5-year plan inapplicable to new members of
NYCERS and BERS; and section 53 would amend RSSL � 604-i to make the
age 55/27-year plan inapplicable to new members of NYCTRS and BERS.
It is necessary to make new members ineligible for those special
plans so that new non-uniformed members (other than those eligible
for the other special plans discussed above) will have payability of
service retirement and vested benefits at age 65. The only benefit of
such special plans is to permit participants to retire early with an
unreduced benefit.

Section 54 of the bill would amend RSSL � 608 so that affected
employees would have their final average salary based on the average
wages earned during the five consecutive years which provide the
highest average wage. If wages in any one such year exceed the
average of the previous 4 years by more than 8%, the amount in excess
of 8% would be excluded from the computation of the final average
salary.

Section 55 of the bill would amend RSSL � 609 so that affected
employees could obtain credit for previous service in Tier VI by
paying 6% of wages earned for service which predate entry into the
system with interest at the rate of 5% per annum compounded annually.

Section 56 of the bill would amend RSSL � 609 to prohibit new NYCERS
non-uniformed members from receiving service credit for undocumented
sick leave used as terminal leave.

Section 57 of the bill would amend RSSL � 612 so that affected
employees who have 12 or more years of creditable service upon
termination would be entitled to a "deferred vested benefit" after
reaching the age of 65 pursuant to the benefit set forth in new RSSL

Section 58 of the bill would amend RSSL � 613 so that affected members
of ERS, TRS, NYCERS, NYCTERS, and NYCBERS would be required to
contribute 4%, 5%, or 6% of annual wages, depending on income levels,
as their employee contribution. It would also bar affected employees
from withdrawing contributions if they have accrued at least 12 years
of creditable service.

Section 59 of the bill add a new RSSL � 613-c to implement a variable
"risk/reward" system for affected members of ERS, TRS, NYCERS,
NYCTERS, and NYCBERS under which the baseline employee contributions
would decrease or increase, within limits, tied to economic conditions.

Section 60 of the bill would amend RSSL � 650 to make new Triborough
Bridge and Tunnel Authority ("TBTA") members ineligible for early
retirement with immediate payability. This amendment does not affect
the right of new TBTA members to participate in the 20-year/age 50
TBTA plan discussed above.

Sections 61 and 62 of the bill would amend RSSL � 911 to eliminate the
10-year cutoff of basic member contributions for new non-uniformed

members of NYCERS, NYCTRS and BERS, so that such new members would be
required to contribute 4%, 5%, or 6% of salary for all credited
service.

Section 63 of the bill would amend RSSL � 1000 by adding a new
subdivision (10) so that affected employees could obtain credit for
military service by paying into such funds a sum equal to the product
of the number of years of military service being claimed and 6% of
such member's contribution earned during the 12 months of credited
service immediately preceding the date that the member applied for
credit pursuant to this section.

Section 64 of the bill would amend RSSL � 1202 so that such members of
the PFRS would need at least 12 years of creditable service before
being eligible for retirement benefits. Further, the vested
retirement allowance payable without modification could not be less
than the actuarial equivalent of the total of the member's
contributions accumulated with interest at 5% per annum, compounded
annually.

Section 65 of the bill would amend RSSL � 1204 so that PFRS members
would be required to contribute 4%, 5%, or 6% of annual wages,
depending on income level, as their employee contribution. It would
also bar affected employees from withdrawing contributions if they
have accrued at least 12 years of creditable service.

Section 66 of the bill would amend the RSSL by adding a new � 1208 to
implement a variable "risk/reward" system for PFRS members under
which the baseline employee contributions would decrease or increase,
within limits, tied to economic conditions.

Section 67 of the bill would amend the RSSL by adding a new � 1209 so
that such members of the PFRS would have their final average salary
based on 1/5 of the highest total wages during any continuous period
of employment for which the member was credited with 5 years of
service credit. If wages in any one such year exceed the average of
the previous 4 years by more than 8%, the amount in excess of 8%
would be excluded from the computation of the final average salary.
Moreover, any wages in excess of the annual salary paid to the
Governor would be excluded from the computation of final average
salary.

Section 68 of the bill would amend the RSSL by adding a new � 1210 so
that wages upon which retirement benefits are based for such members
of the PFRS would not include overtime, wages in excess of the annual
salary paid to the Governor, and lump sum payments for deferred
compensation, sick leave, accumulated vacation time or other credits
for time not worked, as well as any termination pay and any
additional compensation paid in anticipation of retirement.

Sections 69 and 70 of the bill would amend the RSSL � 23-a and � 323-a
to modify the required employer contribution rate, so that employers
and employees may receive equal financial relief from this bill.

Section 71 of the bill would amend the RSSL by adding a new Article 23
that would create a voluntary defined contribution plan for newly
hired public employees. This voluntary defined contribution plan
would be available to all new State and local government employees.
This plan would provide required employer contributions of 4% of an
employee's salary, provide matching employer contributions of up to
an additional 3%, and afford public employers financial stability by
limiting employer contributions to a maximum of 7%.

Section 72 of the bill would amend the Education Law ("Ed. L.") � 182
so that for such members of the Education Department Optional
Retirement Program (ORP), the State would make contributions at the
rate of 4% of salary earned. For members of the ORP who so elected,
the State would match the contribution of the member in an amount not
exceeding 3% of such member's wages. In addition, employee
contributions would no longer be required, although employees could
elect to contribute up to the amounts authorized in federal law.

Section 73 of the bill would amend Ed. L. � 392 with respect to such
employees who would be eligible for membership in the Optional
Retirement Program established pursuant to Article 8-B of the Ed. L.
("State University Optional Retirement Program"), and would require
the State (with respect to employees of the state university system)
and "electing employers" (with respect to employees of community
colleges) to make contributions at the rate of 4% of salary earned.
For members who so elected, the State would match the contribution of
such member in an amount not exceeding 3% of such member's wages. In
addition, employee contributions would no longer be required,
although employees could elect to contribute up to the amounts
authorized in federal law.

Section 74 of the bill would amend Ed. L. � 6252 with respect to such
employees who would be eligible for membership in the Optional
Retirement Program established pursuant to Article 125-A of the Ed.
L. ("Board of Higher Education Optional Retirement Program"), and
would require the employer with respect to employees of the colleges
administered by the Board of Higher Education of the City of New York
to make contributions at the rate of 4% of salary earned. For members
who so elected, the employer would match the contribution of such
member in an amount not exceeding 3% of such member's wages. In
addition, employee contributions would no longer be
required, although employees could elect to contribute up to the
amounts authorized in federal law.

Sections 75, 76 and 77 of the bill would amend New York City ("NYC")
Administrative Code � 13-101 subdivisions 86, 87 and 89 to make
conforming amendments to permit new uniformed sanitation members, who
will be in Tier 3 under the bill, to pay their member contributions

of a pre-tax basis in accordance with section 414 (h) of the Internal
Revenue Code.

Section 78 of the bill would amend NYC Administrative Code � 13-638.4
(e)(14) to provide a 5-year final average salary for new members of
NYCERS and BERS.

Section 79 of the bill would provide that the benefits conferred by
sections 75, 76 and 77 of the bill, if enacted, are completely
contingent upon the existence of benefits contained in the Internal
Revenue Code.

Section 80 of the bill would provide that members of an employee
organization who are eligible to join a special retirement plan
pursuant to a collectively negotiated agreement with any State or
local employer, would be able to continue to enroll in that special
plan after the enactment of this bill, until the date on which such
agreement terminates. Upon the expiration of such collective
bargaining agreement, not including the period after the expiration
of such agreement in which in its provisions continue to be in
effect, pursuant to Civil Service Law 209-a (1)(e), the full
provisions contained within this bill will take effect. It clarifies
that it may not be construed to permit new NYCERS members to
participate in the current Tier 3 uniformed correction 20-year plans,
the Tier 4 uniformed sanitation 20-year plan, the Tier 2 investigator
member 20-year and 25-year plans, the NYCERS and BERS age 55/25-year
and age 57/5-year plans or the TRS and BERS age 55/27-year plan. It
is necessary to make new NYCERS members ineligible for such plans
because: (1) new uniformed correction members, uniformed sanitation
members and investigator members will be getting Tier 3 police/fire
benefits so that they will not receive greater benefits
than new NYC police officers and firefighters; and (2) new NYCERS
non-uniformed members are to receive "payability" of service
retirement and vested benefits at age 65. It would be inequitable to
charge such employees additional member contributions under the
special plans when they would not be allowed to retire early.

Section 81 of the bill provides that no enhancements, increases, or
changes to the bill's benefit structure shall be authorized.

Section 82 of the bill is the severability clause.

Section 83 of the bill provides for an effective date of April 1, 2012
and would add a proviso to the effective date provisions of that
section so that the provisions of sections 27-a, 27-b and 27-c remain
in force only so long as member contributions picked up under such
sections are not includable as gross income under federal tax law
provisions.

Budget Implications:

The enactment of this bill would result in a significant reduction in
the long-term expected annual employer contribution rate in the ERS
which is 9.4% under Tier 5. The expected annual employer contribution
rate for Tier 4 employees is 11.6%.

This proposal will also cause a similar reduction in the long-term
expected annual employer contribution rate for most employers in the
PFRS which is 14.8%-15.1% under Tier 5. The expected annual
employer contribution rate for employees hired before the enactment
of Tier 5 is 18.5%-19.0%.

For newly hired members of the NYSTRS, the long-term expected cost
will fall significantly below the 8.9% Tier 5 expected rate. The
expected annual employer contribution rate for Tier 4 employees is
11.8%.

This bill would save the State and public employers outside of New
York City more than $83 billion in pension costs over a 30-year
period. Furthermore, New York City would realize additional savings
over a 30-year period.

Effective Date:

This bill takes effect on April 1, 2012, and would apply to
individuals who become members of an impacted retirement system on or
after that date.

Part I - Expand 2010 Medicare Part B reform to include employees and
retirees of public authorities.

Purpose:

This bill would achieve savings in the New York State Health Insurance
Program (NYSHIP) by requiring employees and retirees of certain
public authorities to contribute toward the cost of Medicare Part B
premiums.

Statement in Support, Summary of Provision Existing Law,
and Prior Legislative History:

Enactment of this bill is necessary to reduce spending in NYSHIP in
order to provide fiscal relief to the State.

This bill would incorporate the cost of reimbursing Medicare Part B.
premiums to public authority retirees into the rates paid by
employees and retired employees of public authorities, public benefit
corporations, and other quasi-public organizations of the State. This
extends the provisions of Chapter 56 of the Laws of 2010 which
applied to employees and retirees of State agencies.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. If enacted, it would save the State an estimated $10.5
million annually.

Effective Date:

This bill takes effect April 1, 2012.

Part J - Lapse aged State and local reappropriations.

Purpose:

This bill would require that all reappropriations, with the exception
of reappropriations for capital projects and federal purposes, lapse
five years after the close of the fiscal year in which they were
appropriated.

Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:

This bill would "clean-up" budget legislation to ensure that aged
reappropriations, an abundance of which are no longer relevant or
have cashed-out, are eliminated. The bill would employ sound
budgetary and accounting principles by ensuring that appropriations
are used within a reasonable amount of time or are revisited by
decision-makers to determine their relevance and necessity.

The bill would require that all reappropriations, with the exception
of reappropriations for capital projects and federal purposes, lapse
five years after the date on which the original legislation would
lapse in accordance with State Finance Law � 99-d. This bill would
take effect April 1, 2013, to ensure that State agencies and the
Legislature have sufficient time to manage this change.

Budget Implications:

This bill would not have direct budget implications; however, it is
necessary to enact appropriate reform beginning with the 2012-13
Executive Budget.

Effective Date:

This bill takes effect April 1, 2013.

Part K - Modify the schedule of payments in lieu of taxes (PILOTs)
made to the City of Albany.

Purpose:

This bill would increase PILOTs to the City of Albany by $7.85 million
in FY 2013 and reduce PILOTs by $7.85 million in FY 2033.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Enactment of this bill is necessary to provide fiscal relief to the
City of Albany in FY 2013.

This bill would increase PILOTs to the City of Albany by $7.85 million
in FY 2013 and reduce PILOTs by $7.85 million in FY 2033.

Similar amendments have been made to the PILOT schedule in section
19-A of Public Lands Law:

*Chapter 692 of the Laws of 2002 increased payments in the original
schedule (Chapter 56 of the Laws of 2000) by $5.35 million in FY 2004
and FY 2005 and reduced payments commensurately in FY 2029 and FY 2030.

*Chapter 670 of the Laws of 2004 increased payments by $7 million in
FY 2005 and FY 2006 and reduced payments commensurately in FY 2027
and FY 2028.

*Chapter 63 of the Laws of 2005 increased payments by $6 million in FY
2006 and reduced payments thereafter by $720,000 annually.

*Chapter 56 of the Laws of 2006 increased the total schedule of
payments by adding an additional $6 million in FY 2007.

*Chapter 109 of the Laws of 2006 increased the total schedule of
payments by $233 million. This schedule provided payments to the City
of Albany of nearly $23 million in FY 2008 through FY 2011 and
payments of $15 million in FY 2012 through FY 2033.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. This bill would restore $7.85 million in reduced aid to the
City of Albany in exchange for an out-year reduction in aid. This
bill would cost the State $7.85 million in FY 2013.

Effective Date:

This bill takes effect April 1, 2012.

Part L - Modify outdated Statewide procurement procedures and printing
practices.

Purpose:

This bill would modify outdated and redundant procurement provisions
of the State Finance Law and related statutes. Specifically, it would
amend the definitions of "lowest price" and "best value" for
statewide procurements, authorize the Office of General Services
(OGS) to designate any contract as a centralized contract, expand

contract "piggyback" rights for local governments and non-profit
organizations, exempt centralized contracts from the Office of the
State Comptroller (OSC) pre-audit, and categorize electronic
information as a commodity. In addition, this bill would amend the
State Printing and Public Documents Law so that printing could be
treated as a service or a commodity and to otherwise modernize that
law.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Sections 1 and 2 of the bill would amend the definitions of "best
value" and "lowest price" with respect to procurement of commodities
and services through centralized contracts. This amendment would help
ensure that contracts are awarded to the best vendor for the State.
In addition, section two would permit the State, for evaluation
purposes, to add a quantitative factor for small businesses or
certified minority or women-owned businesses applying for State
business.

Sections 3 through 6 of the bill would authorize commodities
procurement on the basis of best value when in the discretion of the
Commissioner of OGS (Commissioner), such procurement would be less
costly to the State. Together, sections three through six would
expand the use of State centralized contracts by allowing additional
piggybacking rights to local governments, non-profit organizations
and other authorized users. This proposed amendment should lead to
increased use of centralized contracts for various services and
commodities, in turn reducing costs of procurement for authorized
users.

Sections 7 through 9 of the bill would authorize the Commissioner,
upon his or her determination, or at the request of an agency, to use
a centralized contract to procure a service, and would set the rules
of priority for purchasing such service. Section eight allows the
procurement of services on the basis of low price in cases where the
Commissioner determines such procurement would be less costly to the
State. Together, sections seven through nine would also authorize OGS
to designate any agency contract a centralized contract, helping
multiple state agencies and local governments to save money by
granting them access to what are generally the best contracts in the
State.

Section 10 of the bill would amend State Finance Law (SFL) �163 to
empower State agencies to accept bids for commodity and service
contracts electronically.

Section 11 of the bill would increase from $15,000 to $50,000, the
dollar amount of procurement at and above which public notice is
required. This is consistent with other current procurement statutes.

Section 12 of the bill would exempt centralized contracts, purchase
orders, and other procurement transactions let by OGS from OSC
pre-audit prior to contract finalization. This would create an
incentive for agencies to utilize centralized contracts as a way to
maximize savings. New York is one of only two States that requires a
pre-audit of the procurement record on a contract before it can be
deemed final.

Sections 13 through 24 of the bill would redefine printing as a State
service, give OGS the ability to negotiate a competitive, centralized
contract for printing on behalf of all State agencies, allow
contracts to be awarded based on best value or lowest price, and set
the contract amounts at and above which competitive bidding will be
required. The current State Printing and Public Documents Law is
anachronistic and has been subject to only minimal revision since 1917.

Sections 25 and 26 of the bill would expand the definition of a
commodity to include electronic information resources. Public
libraries and State universities have encountered barriers when
purchasing electronic information resources (e.g., electronic
database subscriptions) for academic purposes because electronic
information is currently defined as a "service". As most academic
research and information is in electronic form, it is in the best
interest of the State to redefine "commodity" to include electronic
information resources. This will help achieve savings in State
purchasing while at the same time supporting the State's academic and
library organizations.

Section 27 of the bill would add new definitions to the SFL for
"authorized user" and "non-state agency purchaser."

Section 28 of the bill would amend the SFL by making permanent the
Procurement Stewardship Act of 1995, which is set to expire on June
30, 2012. SFL � 163, which sets forth technical and procedural
requirements with respect to State agency procurement of commodities
and services, would remain in full force and effect.

Section 29 of the bill is the effective date.

Budget Implications:

Enactment of this bill is necessary to implement the Executive Budget
in the 2012-13 fiscal year and achieve required savings. Such savings
will be realized in future procurements, contract development,
negotiations and management.

Effective Date:

This bill takes effect immediately.

Part M - Make various reforms to the Civil Service Law to provide
increased flexibility with respect to hiring and transferring State
employees.

Purpose:

This bill would enable the Department of Civil Service ("Civil
Service") to authorize the appointment of highly skilled information
technology, professional, scientific, technical or other employees
with specialized skills into the State workforce. It would also
provide increased flexibility with respect to hiring, transferring or
re-deploying employees to meet agency missions more effectively.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 1 of the bill would create a new Civil Service Law ("CSL")
66 allowing Civil Service to authorize five-year term appointments
without examination for positions that require special expertise or
qualifications to professional, scientific, technical, information
technology or other employees with specialized skills. The
appointments would be used when it is deemed impracticable to hold a
skills-based examination because of the type of services to be
rendered or the uniqueness of such services needed. The period for
such appointments would be no longer than sixty months, and the
maximum number of persons in such appointments could not exceed five
hundred at any one time.

Sections 2 through 3 of the bill set forth a procedure for certifying
a new type of promotion list, titled "open promotion", using existing
active "open competitive" and "promotion" lists. This would enable
the State to expand the diversity of its workforce, create more
opportunities for existing State employees, increase its ability to
attract highly skilled outside talent and give the State increased
flexibility to manage its workforce more effectively and efficiently.

Section 4 of the bill would allow agencies to utilize other State
agency "interdepartmental promotion" eligible lists for a specific
position in cases where it is in the best interests of State service,
irrespective of whether the hiring agency's existing
interdepartmental list is exhausted.

Section 5 of the bill would permit non-competitive State employees to
participate in competitive promotional exams. Allowing more employees
into opportunistic exams would increase flexibility in the management
of the State workforce.

Sections 6 through 8 of the bill would make it possible for
non-competitive State employees to transfer into competitive
positions, with the approval of Civil Service, provided the employees
meet minimum qualifications. This will increase flexibility in the

management of the State's workforce and help ensure that agencies can
obtain the "right" employee for the job.

Section 9 of the bill would amend CSL � 70 to authorize agencies to
transfer State employees upon a merger or consolidation, and allow
the reclassification of the employees, without further examination or
qualification, in order to align them with the new department or
agency. In addition, transferred employees on an existing promotion
list would be added to the promotion eligible list of the new
department or agency, as Civil Service deems appropriate.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget. Savings will be realized through the increased
flexibility afforded to Civil Service and State agencies as this will
allow them to manage their workforce more efficiently and effectively.

Effective Date:

This bill takes effect immediately except section one which shall be
deemed to have taken effect on December 31, 2011. A previous version
of section one of the Civil Service Law was repealed as of December
31, 2011, and this new section must be retroactively enacted to
ensure continued authorization.

Part N - Authorize transfers, temporary loans, repeal of the Community
Projects Fund and amendments to miscellaneous capital/debt
provisions, including bond caps.

Purpose:

This bill would provide the statutory authorization necessary for the
administration of funds and accounts included in the fiscal year
2012-13 Executive Budget, and propose certain modifications to
improve the State's General Fund position within the upcoming fiscal
year. Specifically, it would: (1) authorize temporary loans and the
deposits of certain revenues to specific funds and accounts, (2)
authorize the transfers and deposits of funds to and across various
accounts, (3) extend various provisions of Chapter 56 of the Laws of
2011 in relation to capital projects and certain certifications, (4)
authorize modifications to various debt provisions, and (5) modify
various bond authorizations necessary to implement the budget.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 1 of this bill would authorize the Comptroller to make
temporary loans to specific State funds and accounts during fiscal
year 2012-13.

Section 1-a of this bill would authorize the Comptroller to make
temporary loans to accounts within specific Federal funds during
fiscal year 2012-13.

Sections 2 and 3 of this bill would authorize the Comptroller to make
transfers between designated funds and accounts.

Section 4 of this bill would authorize the Dormitory Authority of the
State of New York (DASNY) to transfer $7 million to the health care
reform act (HCRA) Resources Fund -HCRA Resources Account.

Section 5 of this bill would authorize the Comptroller to deposit
funds into the Banking Services Account.

Section 6 of this bill would authorize the Dormitory Authority of the
State of New York (DASNY) to transfer $22 million to the State
University of New York for bondable equipment costs, which in turn
would be re-paid to the State General Fund.

Section 6-a of this bill would authorize the State University to
transfer up to $16 million to the General Fund for debt service costs
related to capital project costs for the NY-SUNY 2020 Challenge Grant
program.

Section 7 of this bill would authorize the State University Chancellor
to transfer the estimated tuition revenue balances from the State
University Collection Fund to the State University Fund, State
University Revenue Offset Account.

Section 8 of this bill would authorize the Comptroller, at the request
of the State University Chancellor, to transfer up to $60 million
from the State University Income Fund, State University Hospitals
Income Reimbursement Account.

Section 9 of this bill would authorize the Comptroller, at the request
of the Director of the Budget, to transfer $968 million from the
General Fund to the State University Income Fund, State University
General Revenue Offset Account.

Section 10 of this bill would authorize the Comptroller, at the
request of the State University Chancellor or her designee, to
transfer up to $50 million from the State University Income Fund,
State University Hospitals Income Reimbursable Account, for Hospital
Income Reimbursable for services and expenses of hospital operations
and capital expenditures at the State University Hospitals, and the
State University Income Fund,, Long Island Veterans' Home Account, to
the State University Capital Projects Fund.

Section 11 of this bill would authorize the Comptroller to transfer
monies from the State University Collection Fund, Stony Brook
Hospital Collection Account, Brooklyn Hospital Collection Account,
and Syracuse Hospital Collection Account, to the State University

Income Fund, State University Hospitals Income Reimbursable Account,
in amounts sufficient to permit the full transfer of moneys
authorized for transfer to the General Fund for SUNY Hospitals debt
service.

Section 12 of this bill would authorize the Comptroller to make
transfers between the Miscellaneous Special Revenue Fund, the Patient
Income Account, the Miscellaneous Special Revenue Fund, the Mental
Hygiene Program Fund Account, or the General Fund in any combination,
up to $350 million.

Section 13 of this bill would authorize the Comptroller to transfer
the unencumbered balance of any Special Revenue Fund to the General
Fund, up to $500 million.

Section 14 of this bill would authorize the transfer of $65 million
from the Power Authority of the State of New York (NYPA) to the
credit of the General Fund, in an amount not less than $25 million by
June 30, 2012, with the remainder, up to $40 million, by January 31,
2013.

Section 15 of this bill would authorize a public benefit corporation
to make voluntary contributions to the General Fund or any other
public benefit corporation at any time from available public benefit
corporation funds in such amounts as deemed to be feasible and
advisable by such public benefit corporation's governing board after
due consideration of the public benefit corporation's legal and
financial obligations.

Section 16 of this bill would amend State Finance Law (SFL) �97-rrr to
allow the State Comptroller to make deposits in the School Tax Relief
Fund in fiscal year 2012-13, and each fiscal year thereafter.

Section 16-a of this bill would repeal the existing School Tax Relief
Fund deposit authorization, which provided limitations to deposits by
amount and by fiscal year, as it is replaced by Section 16 of this
bill.

Section 17 of this bill would authorize the Comptroller to deposit
reimbursements for certain capital spending from appropriations into
the correctional facilities capital improvement fund by a chapter of
the laws of 2012.

Section 18 of this bill would amend SFL �4(6) to authorize the
Comptroller to receive for deposit moneys to funds and accounts as
identified by the Director of the Budget.

Section 18-a of this bill would authorize and direct the Comptroller
to abolish or consolidate certain funds with the General Fund. These
funds/accounts are no longer active and are recommended for abolition
by the State Comptroller.

Section 18-b of this bill would repeal the sections of State Finance
Law that created the funds and/or accounts abolished by Section 18-a
of this bill.

Section 18-c of this bill would repeal the sections of the Education
Law that created the funds and/or accounts abolished by Section 18-a
of this bill.

Section 18-d of this bill would repeal the section of the Public
Authorities Law that created the fund abolished by Section 18-a of
this bill.

Section 18-e of this bill would repeal the section of the Private
Housing Finance Law that created the fund abolished by Section 18-a
of this bill.

Section 18-f of this bill would repeal Section 12 of Chapter 1040 of
the Laws of 1981 and Chapter 50 of the Laws of 1993, which created
certain funds abolished by Section 18-a of this bill.

Section 19 of this bill would amend SFL �40(4) to permit payment of
prior years' liabilities.

Sections 20 through 33 of this bill would authorize the Comptroller to
deposit reimbursements for certain capital spending from multiple
appropriations contained in various chapters of the laws of 2002
through 2012 into various funds, including the Capital Projects Fund.

Section 34 would continue the authorization to use excess debt service
appropriation for Mental Hygiene facilities to make rebates necessary
to protect the tax-exempt status of the bonds.

Section 35 would continue authorizations for disbursements for
hazardous waste site remediation projects.

Section 36 of this bill would amend SFL �68-a(2) to extend the
authorization to issue mental health bonds under the PIT credit
structure.

Section 36-a of this bill would amend SFL �73 to authorize the
Comptroller to deposit any federal interest subsidy payments received
for Build America Bonds (BABs) or Qualified School Construction Bonds
(QSCBs) to their respective debt service funds. This would ensure
that Federal interest subsidy payments received by the State for
QSCBs are accounted for consistent with interest subsidies for BABs.

Section 37 of this bill would amend SFL �72(4) to make permanent the
authority to set-aside monies in the General Debt Service Fund in
advance of payments, to ensure scheduled debt service payments on
State general obligation and service contract bonds are made on time
and in full.

Section 38 of this bill would increase the bond cap for financing
environmental infrastructure projects from $916 million to $1.119
billion.

Section 39 of this bill would increase the bond cap for financing of
capital projects for the Division of Military and Naval Affairs from
$21 million to $24 million.

Section 40 of this bill would increase the bond cap for financing
correctional facilities from $6.490 billion to $6.817 billion.

Section 41 of this bill would increase the bond cap for financing
housing programs from $2.636 billion to $2.741 billion.

Section 42 of this bill would increase the bond cap for financing
local highway projects from $6.695 billion to $7.106 billion.

Section 43 of this bill would increases the bond cap for financing
certain economic development projects from $180.6 million to $715.6
million.

Section 44 of this bill would decrease the bond cap for courthouse
improvements and training facilities from $85.9 million to $76.1
million.

Sections 45, 45-a and 45-b of this bill would make certain technical
changes relating to the effective date of the cultural educational
facilities bond cap.

Section 46 of this bill would authorize a new $770 million bond cap
for financing MTA transportation facilities.

Section 47 of this bill would amend the Metropolitan Transportation
Authority's (MTA) existing service contract bond authorization to
make it consistent with other bond caps, clarifying that no further
bonds may be issued against it except to refinance existing debt.

Section 48 of this bill would authorize a new $15 million bond cap for
financing Peace Bridge projects.

Section 49 of this bill would increase the NY-SUNY 2020 bond cap from
$80 million to $110 million.

Section 50 of this bill would increase the bond cap for library
facilities from $84 million to $98 million.

Section 51 of this bill would increase the bond cap for SUNY upstate
community colleges from $536 million to $623 million.

Section 52 of this bill would increase the bond cap for SUNY
educational facilities from $10.089 billion to $10.304 billion.

Section 53 of this bill would make it effective immediately, deemed in
full force and effect on and after April 1, 2012, provided further
that sections one through seven, sections ten through fifteen, and
section seventeen would expire March 31, 2013.

This bill is necessary to execute a balanced Financial Plan in
accordance with the 2012- 13 Executive Budget. Similar legislation is
enacted annually to authorize the transfer of
funds budgeted in the financial plan (such transfers do not have
permanent statutory authorization), and to provide for other
transactions necessary to maintain a balanced financial plan.

In addition, the SFL requires statutory authorization for funds and
accounts to receive temporary loans from the State Treasury. Similar
provisions were enacted to implement the fiscal year 2011-12 Budget,
and they must be extended to implement the fiscal year 2012-13 Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. Similar legislation is enacted annually to authorize the
transfer of funds budgeted in the financial plan, and to provide for
other transactions, including temporary loans from the State Treasury
for cash flow purposes. This bill is also necessary to reimburse
projected Capital Projects Fund spending with the proceeds of bonds
sold by public authorities, to ensure the continued borrowing
necessary for certain State-supported debt issuances to implement the
budget, and to permit the State to carry out basic administrative
functions.

Effective Date:

This bill takes effect immediately and would be deemed in full force
and effect on and after April 1, 2012.

Part O - Rename the Office for Technology as the Office of Information
Technology Services.

Purpose:
This bill would change the name of the Office for Technology (OFT) to
the Office of Information Technology Services.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Since its inception, the responsibilities of OFT have shifted from
policy and advisory to a more operational, service-oriented role.
This bill would amend the State Technology Law, among others, to
change the name of OFT to the Office of Information Technology
Services to represent the transformation of OFT into a full-service
agency.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would support the transformation of OFT into a statewide
service center which will drive down overall State technology costs.

Effective Date:
This bill takes effect on the sixtieth day after enactment.

Part P - Accelerate Aid and Incentives for municipalities funding for
the City of Rochester.

Purpose:

This bill would accelerate Aid and Incentives for Municipalities (AIM)
funding for the City of Rochester beginning in State fiscal year
2013-14.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would provide the City of Rochester with up to an additional
$28 million in AIM funding for its 2012-13 local fiscal year.

Budget Implications:

There is no State fiscal impact from this bill as payments associated
with this bill remain within the State's 2013-14 fiscal year.

Effective Date:

This bill takes effect immediately.

Part Q - Pay the MTA for costs associated with promoting access to
employment through reimbursements for E-ZPass tolls paid by residents
of Broad Channel and the Rockaway Peninsula that travel over the
Cross Bay Veterans Memorial Bridge.

Purpose:

This bill would provide that the State pay to the Metropolitan
Transportation Authority (MTA) the costs associated with the
establishment and implementation of a rebate program for E-ZPass
tolls paid by the residents of Broad Channel and the Rockaway
Peninsula, for travel over the Cross Bay Veterans Memorial Bridge.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Notwithstanding any other law to the contrary, for the purpose of
promoting access to employment, the State shall pay to the MTA the
costs associated with establishment and implementation by the

metropolitan transportation authority of a rebate program for E-
ZPass tolls paid by the residents of Broad Channel and the Rockaway
Peninsula who live within zip codes 11691, 11692, 11693, 11694,
11695, and 11697, for travel over the Cross Bay Veterans Memorial
Bridge.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it promotes access to employment for residents of
Broad Channel and the Rockaway Peninsula.

Effective Date:

This bill takes effect immediately.
The provision of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

S6255D-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 6255--D                                            A. 9055--D
 SENATE - ASSEMBLY
 January 17, 2012
 
 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  --  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 to amend the executive law, in relation to DNA testing of certain
 offenders convicted of a crime and to amend chapter 19 of the laws  of
 amending the criminal procedure law and the executive law relat
 ing to the DNA testing of certain offenders convicted of a  crime,  in
 relation  to  the  effectiveness  thereof  (Part A); to repeal section
 396-ff of the general business law, relating to the pistol and  revol
 ver  ballistic  identification databank (Part B); to amend the vehicle
 and traffic law, in relation to the administration of traffic  infrac
 tions  (Part C); intentionally omitted (Part D); intentionally omitted
 (Part E); to amend chapter 503 of the laws of 2009,  relating  to  the
 disposition  of  monies  recovered by county district attorneys before
 the filing of an accusatory instrument, in relation to the  effective
 ness  thereof  (Part  F);  to  amend the executive law, in relation to
 disaster preparedness (Part G); intentionally  omitted  (Part  H);  to
 amend the civil service law, in relation to the reimbursement of medi
 care premium charges for employees and retired employees of the state,
 public  authorities, public benefit corporations or other quasi-public
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12670-06-2
 
       S. 6255--D                          2                         A. 9055--D
 organizations of the state (Part I); intentionally omitted  (Part  J);
 intentionally  omitted  (Part  K);  to amend the state finance law, in
 relation to the exemption of centralized contracts from audit prior to
 finalization,  the ability to designate an agency contract as a state
 wide contract, the  expansion  of  state  contract  rights  for  local
 governments  and  non-profit organizations, amending the definition of
 best value  for  procurement  and  in  relation  to  modifications  of
 contracts by not-for-profit corporations; to amend the general munici
 pal  law,  in  relation  to  expanding  contract  use rights for local
 governments; to amend the economic development law, in relation to the
 procurement opportunities newsletter; to  amend  the  New  York  state
 printing and public documents law, the state finance law, the not-for
 profit  corporation  law,  the education law and the general municipal
 law, in relation to the procurement of department printing;  to  amend
 chapter 741 of the laws of 1985 relating to authorizing certain organ
 izations  to  purchase  commodities  under  contracts let by the state
 office of general services, in relation  to  purchases  by  charitable
 organizations;  to  amend  chapter 83 of the laws of 1995 amending the
 state finance law and other laws relating to bonds, notes, and  reven
 ues,  in  relation to the effectiveness of certain provisions thereof;
 and to repeal sections 6 and 7 of the  New  York  state  printing  and
 public documents law, relating to department printing (Part L); inten
 tionally  omitted  (Part  M); intentionally omitted (Part N); to amend
 the state technology law, the civil service law,  the  executive  law,
 the state finance law, the tax law, and the county law, in relation to
 renaming the office for technology the office of information technolo
 gy  services  (Part O); intentionally omitted (Part P); in relation to
 paying the metropolitan transportation authority the costs  associated
 with  reimbursements  for E-ZPass tolls paid by the residents of Broad
 Channel and the Rockaway Peninsula  for  travel  over  the  Cross  Bay
 Veterans  Memorial Bridge (Part Q); to amend the workers' compensation
 law, in relation to the collection of assessments for annual  expenses
 (Part  R);  to amend the legislative law, in relation to extending the
 expiration of payments to members of the assembly serving in a special
 capacity; and to amend chapter 141 of the laws of 1994,  amending  the
 legislative  law  and  the state finance law relating to the operation
 and administration of the legislature, in relation to  extending  such
 provisions  (Part  S);  to  amend  the  correction law, in relation to
 authorizing the transfer of certain facility parole officers  to  open
 positions  as  the  parole officer or senior parole officer title; and
 providing for the repeal of such provisions  upon  expiration  thereof
 (Part  T);  to  amend the correction law, in relation to expanding the
 scope of the annual report by the department  of  corrections  to  the
 legislature  concerning  the  staffing and facilities of state correc
 tional facilities (Part U); to amend  the  social  services  law,  the
 family  court  act,  the  penal law and the criminal procedure law, in
 relation to the education reform program; and to amend chapter 535  of
 the  laws  of  2011,  amending  the social services law and other laws
 relating to creating an education reform program, in relation  to  the
 effectiveness thereof (Part V); to amend the state finance law and the
 county  law,  in  relation  to  support  for the public defense backup
 center and additional state aid tied to the  salary  of  the  district
 attorney of each county and the calculation thereof; and providing for
 the repeal of such provisions upon expiration thereof (Part W); and to
 amend  the  tax  law,  in relation to the public safety communications
 surcharge (Part X)
 
       S. 6255--D                          3                         A. 9055--D
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the state fiscal plan for the 2012-2013
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified  as Parts A through X. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found.

Section three of  this  act  sets  forth  the
 general effective date of this act.
 PART A
 

Section  1.  Subparagraph  (iii)  of paragraph (b) of subdivision 3 of
 section 995-c of the executive law, as added by chapter 19 of  the  laws
 of 2012, is amended to read as follows:

 (iii)  In  the  case  of a designated offender whose sentence does not
 include either a term of imprisonment or a term of probation, outside of
 the city of New York, the court shall order that A COURT OFFICER TAKE  A
 SAMPLE  OR THAT the designated offender report to an office of the sher
 iff of that county, and when  the  designated  offender  does  so,  such
 sample  shall be collected by the sheriff's office [or a court officer].
 Within the city of New York, the court shall order that  the  sample  be
 collected by a court officer.
 

S 2.

Section 9 of chapter 19 of the laws of 2012 amending the criminal
 procedure  law  and  the  executive  law  relating to the DNA testing of
 certain offenders convicted of a crime is amended to read as follows:

 

S 9. This act shall take effect [October] AUGUST  1,  2012;  provided,
 however,  that  the  amendments  to  subdivision 7 of section 995 of the
 executive law made by section five of this act shall apply to conviction
 of designated offenses, and subparagraph two of paragraph (a) of  subdi
 vision  1-a  of section 440.30 of the criminal procedure law as added by
 section two of this act shall apply to a  guilty  plea  entered,  on  or
 after such effective date.
 

S  3.  This  act shall take effect immediately; provided, however that
 section one of this act shall take effect on the same date as section  6
 of chapter 19 of the laws of 2012 takes effect.
 PART B
 

Section 1.

Section 396-ff of the general business law is REPEALED.
 

S 2. This act shall take effect immediately.
 PART C
 

Section  1.

Section 1806 of the vehicle and traffic law, as amended by
 section 1 of part TT of chapter 56 of the laws of 2009,  is  amended  to
 read as follows:

 

S 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
 infraction. In addition to appearing personally to enter a plea  of  not
 guilty to a violation of any provision of the tax law or the transporta
 tion  law  regulating  traffic,  or  to  a  traffic  infraction  for the
 
       S. 6255--D                          4                         A. 9055--D
 violation of any of the provisions of the vehicle and traffic law or  of
 any  local  law,  ordinance,  order,  rule or regulation relating to the
 operation of motor vehicles or motorcycles, a defendant may enter a plea
 of  not  guilty  by mailing to the court of appropriate jurisdiction the
 ticket making the charge and a signed statement  indicating  such  plea.
 Such  plea  must  be  sent:  (a) by registered or certified mail, return
 receipt requested or by first class mail;  and  (b)  within  forty-eight
 hours  after  receiving  such  ticket.  Upon  receipt of such ticket and
 statement, the court shall advise the violator, BY FIRST CLASS MAIL,  of
 an  appearance  AT  WHICH  NO  TESTIMONY SHALL BE TAKEN. IF THE MOTORIST
 REQUESTS A TRIAL, THE COURT SHALL SET A TRIAL DATE ON A DATE  SUBSEQUENT
 TO  THE DATE OF THE INITIAL APPEARANCE AND SHALL NOTIFY THE DEFENDANT OF
 THE date by first class mail but no warrant of  arrest  for  failure  to
 appear  can  be  issued  until  the  violator is notified of a new court
 appearance  date  by  registered  or  certified  mail,  return   receipt
 requested, and fails to appear.
 

S 2. This act shall take effect immediately.
 PART D
 Intentionally omitted
 PART E
 Intentionally Omitted
 PART F
 

Section  1. 

Section  2  of  part H of chapter 503 of the laws of 2009
 relating to the disposition  of  monies  recovered  by  county  district
 attorneys  before  the filing of an accusatory instrument, as amended by
 section 1 of part B of chapter 57 of the laws of  2011,  is  amended  to
 read as follows:

 

S  2.  This act shall take effect immediately and shall remain in full
 force and effect until March 31, [2012] 2013, when it shall  expire  and
 be deemed repealed.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2012.
 PART G
 

Section 1. Subdivision 2 of section 20 of the executive law is amended
 by adding three new paragraphs i, j and k to read as follows:

 I. "INCIDENT MANAGEMENT TEAM" MEANS A STATE CERTIFIED TEAM OF  TRAINED
 PERSONNEL  FROM  DIFFERENT  DEPARTMENTS,  ORGANIZATIONS,  AGENCIES,  AND
 JURISDICTIONS WITHIN THE STATE, OR A REGION OF THE STATE,  ACTIVATED  TO
 SUPPORT  AND  MANAGE  MAJOR AND/OR COMPLEX INCIDENTS REQUIRING A SIGNIF
 ICANT NUMBER OF LOCAL, REGIONAL, AND STATE RESOURCES.
 J. "EXECUTIVE LEVEL OFFICER" MEANS A STATE  AGENCY  OFFICER  WITH  THE
 AUTHORITY TO DEPLOY AGENCY ASSETS AND RESOURCES AND MAKE DECISIONS BIND
 ING A STATE AGENCY.
 K.  "THIRD  PARTY  NON-STATE  RESOURCES" MEANS ANY CONTRACTED RESOURCE
 THAT IS NOT OWNED OR CONTROLLED BY THE STATE OR A POLITICAL  SUBDIVISION
 INCLUDING,  BUT  NOT  LIMITED  TO,  AMBULANCES,  CONSTRUCTION  CREWS, OR
 CONTRACTORS.
 
       S. 6255--D                          5                         A. 9055--D
 

S 2.  Subdivision 1 of section 21 of the executive law, as amended  by
 section  93 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:

 1.  There  is  hereby  created  in the executive department a disaster
 preparedness commission consisting of the commissioners  of  transporta
 tion,  health, division of criminal justice services, education, [social
 services,] economic development, agriculture and  markets,  housing  and
 community  renewal, general services, labor, environmental conservation,
 mental health, parks, recreation and historic preservation,  corrections
 and  community supervision [and], children and family services, HOMELAND
 SECURITY AND EMERGENCY SERVICES, AND PEOPLE WITH DEVELOPMENTAL DISABILI
 TIES, the president of the New York state energy research  and  develop
 ment  authority,  the superintendents of state police[, insurance, bank-
 ing,] AND FINANCIAL SERVICES, the secretary of  state,  the  state  fire
 administrator,  the chair of the public service commission, the adjutant
 general, [the directors of the offices within the division  of  homeland
 security  and  emergency  services,]  the office for technology, and the
 office of victim services, the chairs  of  the  thruway  authority,  the
 metropolitan  transportation  authority,  the port authority of New York
 and New Jersey, the chief professional officer of the state coordinating
 chapter of the American Red Cross and three additional  members,  to  be
 appointed  by  the governor, two of whom shall be chief executives. Each
 member agency may designate an EXECUTIVE LEVEL officer of  that  agency,
 with responsibility for disaster preparedness matters, who may represent
 that agency on the commission. The commissioner of the division of home
 land security and emergency services shall serve as chair of the commis
 sion, and the governor shall designate the vice chair of the commission.
 The  members of the commission, except those who serve ex officio, shall
 be allowed their actual and necessary expenses incurred in the  perform
 ance  of their duties under this article but shall receive no additional
 compensation for services rendered pursuant to this article.
 

S 3.  Paragraph f of subdivision 3 of section 21 of the executive law,
 as amended by section 2 of part B of chapter 56 of the laws of 2010,  is
 amended to read as follows:

 f.  (1) unless it deems it unnecessary, create, following the declara
 tion of a state disaster emergency,  a  temporary  organization  in  the
 disaster  area  to  provide  for integration and coordination of efforts
 among  the  various  federal,  state,  municipal  and  private  agencies
 involved.    THE COMMISSION, UPON A REQUEST FROM A MUNICIPALITY AND WITH
 THE APPROVAL OF THE GOVERNOR, SHALL DIRECT THE TEMPORARY ORGANIZATION TO
 ASSUME DIRECTION OF THE LOCAL DISASTER OPERATIONS OF SUCH  MUNICIPALITY,
 FOR  A  SPECIFIED  PERIOD OF TIME NOT TO EXCEED THIRTY DAYS, AND IN SUCH
 CASES SUCH TEMPORARY ORGANIZATION SHALL ASSUME DIRECTION OF  SUCH  LOCAL
 DISASTER OPERATIONS, SUBJECT TO THE SUPERVISION OF THE COMMISSION.  UPON
 THE  EXPIRATION  OF THE THIRTY DAY PERIOD THE COMMISSION, AT THE REQUEST
 OF THE MUNICIPALITY, MAY EXTEND THE TEMPORARY  ORGANIZATION'S  DIRECTION
 OF  SUCH  LOCAL DISASTER OPERATIONS FOR ADDITIONAL PERIODS NOT TO EXCEED
 THIRTY DAYS. The commission, upon  a  finding  that  a  municipality  is
 unable  to  manage  local disaster operations, may, with the approval of
 the governor, direct the temporary organization to assume  direction  of
 the  local  disaster  operations  of  such municipality, for a specified
 period of time NOT TO EXCEED THIRTY DAYS, and in such cases such  tempo
 rary  organization  shall  assume direction of such local disaster oper
 ations, subject to the supervision of the commission.   UPON  EXPIRATION
 OF  THE  THIRTY  DAY  PERIOD THE COMMISSION, AFTER CONSULTATION WITH THE
 MUNICIPALITY, AND WITH THE APPROVAL OF  THE  GOVERNOR,  MAY  EXTEND  THE
 
       S. 6255--D                          6                         A. 9055--D
 TEMPORARY ORGANIZATION'S DIRECTION OF SUCH LOCAL DISASTER OPERATIONS FOR
 ADDITIONAL PERIODS NOT TO EXCEED THIRTY DAYS. In such event, such tempo
 rary  organization  may  utilize  such  municipality's  local resources,
 provided,  however,  that the state shall not be liable for any expenses
 incurred in using such municipality's resources. THE STATE SHALL NOT  BE
 LIABLE  FOR  THE  EXPENSES  INCURRED  IN  USING  THIRD  PARTY, NON-STATE
 RESOURCES DEPLOYED TO THE AFFECTED AREA BY THE  TEMPORARY  ORGANIZATION,
 WHICH ARE NECESSARY TO PROTECT LIFE AND SAFETY;
 (2) THE STATE INCIDENT MANAGEMENT TEAM SHALL HAVE THE AUTHORITY TO ACT
 AS  THE  OPERATIONAL  ARM  OF THE TEMPORARY ORGANIZATION. WHEN CALLED TO
 DUTY AND DEPLOYED BY THE STATE, MEMBERS OF ANY STATE OR  LOCAL  INCIDENT
 MANAGEMENT  TEAM  SHALL  BE  DEEMED TEMPORARY EMPLOYEES OF THE STATE AND
 SHALL HAVE THE SAME PRIVILEGES AND IMMUNITIES AFFORDED TO REGULAR  STATE
 EMPLOYEES, SUBJECT TO THE RULES AND REGULATIONS PROMULGATED BY THE PRES
 IDENT  OF  THE  STATE  CIVIL  SERVICE COMMISSION PURSUANT TO SECTION ONE
 HUNDRED SIXTY-THREE OF THE CIVIL SERVICE LAW;
 

S 4. Subdivision 5 of section 21 of the executive  law,  as  added  by
 section  2  of  part  B of chapter 56 of the laws of 2010, is amended to
 read as follows:

 5. The STATE office of emergency management  within  the  division  of
 homeland  security  and  emergency  services  shall serve as the [staff]
 OPERATIONAL arm of the commission and shall be  responsible  for  imple
 menting provisions of this article and the rules and policies adopted by
 the  commission.   THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGE
 MENT WITHIN THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY  SERVICES
 SHALL  EXERCISE THE AUTHORITY GIVEN TO THE DISASTER PREPAREDNESS COMMIS
 SION IN SECTION TWENTY-NINE OF THIS ARTICLE, TO  COORDINATE  AND  DIRECT
 STATE  AGENCIES  AND  ASSETS  IN RESPONSE TO A STATE DISASTER EMERGENCY,
 THROUGH THEIR RESPECTIVE AGENCY HEADS, ON BEHALF OF THE GOVERNOR AND THE
 CHAIR OF THE DISASTER PREPAREDNESS COMMISSION, WHEN  THE  GOVERNOR,  THE
 LIEUTENANT  GOVERNOR, AND THE CHAIR OF THE DISASTER PREPAREDNESS COMMIS
 SION ARE INCAPACITATED OR WITHOUT AN AVAILABLE MEANS OF RELIABLE  COMMU
 NICATION  WITH THE STATE OFFICE OF EMERGENCY MANAGEMENT. IF THE DIRECTOR
 OF THE STATE OFFICE OF EMERGENCY MANAGEMENT IS UNABLE TO  EXERCISE  THIS
 AUTHORITY,  THEN  THE  EXECUTIVE  DEPUTY COMMISSIONER OF THE DIVISION OF
 HOMELAND SECURITY AND EMERGENCY SERVICES SHALL ACT IN THIS CAPACITY.  IN
 THE  EVENT  THAT THE EXECUTIVE DEPUTY COMMISSIONER IS UNABLE TO EXERCISE
 THIS AUTHORITY, THEN SUCH AUTHORITY SHALL BE EXERCISED BY  THE  OFFICIAL
 WILLING  AND ABLE TO DO SO IN THE FOLLOWING ORDER: THE SUPERINTENDENT OF
 THE DIVISION OF STATE POLICE;  THE  STATE  FIRE  ADMINISTRATOR;  OR  THE
 DIRECTOR  OF THE OFFICE OF COUNTERTERRORISM WITHIN THE DIVISION OF HOME
 LAND SECURITY AND EMERGENCY SERVICES.  NOTHING IN THIS SUBDIVISION SHALL
 BE CONSTRUED TO LIMIT THE AUTHORITY OF THE GOVERNOR,  LIEUTENANT  GOVER
 NOR, OR THE CHAIR OF THE DISASTER PREPAREDNESS COMMISSION TO OVERSEE THE
 DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGEMENT WITHIN THE DIVISION
 OF  HOMELAND  SECURITY AND EMERGENCY SERVICES OR ANY OFFICIAL EXERCISING
 AUTHORITY GIVEN TO THE DISASTER PREPAREDNESS COMMISSION IN SECTION TWEN
 TY-NINE OF THIS ARTICLE.
 

S 5. The opening paragraph and paragraph f of subdivision 1 of section
 24 of the executive law, the opening paragraph as amended by chapter 158
 of the laws of 1994 and paragraph f  of  subdivision  1  as  amended  by
 section  5  of  part B of chapter 56 of the laws of 2010, are amended to
 read as follows:

 Notwithstanding any inconsistent provision of law, general or special,
 in the event of a disaster,  rioting,  catastrophe,  or  similar  public
 emergency  within  the  territorial  limits of any county, city, town or
 
       S. 6255--D                          7                         A. 9055--D
 village, or in the event of reasonable apprehension of immediate  danger
 thereof,  and  upon  a  finding  by the chief executive thereof that the
 public safety is imperiled thereby, such chief executive may proclaim  a
 local  state  of  emergency  within  any  part or all of the territorial
 limits of such local government; provided, however, that in the event of
 a radiological accident as defined  in  section  twenty-nine-c  of  this
 article,  such chief executive may request of the governor a declaration
 of disaster emergency. SUCH PROCLAMATION SHALL REMAIN IN  EFFECT  FOR  A
 PERIOD  NOT TO EXCEED THIRTY DAYS OR UNTIL RESCINDED BY THE CHIEF EXECU
 TIVE, WHICHEVER OCCURS FIRST. THE CHIEF EXECUTIVE MAY  ISSUE  ADDITIONAL
 PROCLAMATIONS  TO  EXTEND  THE STATE OF EMERGENCY FOR ADDITIONAL PERIODS
 NOT TO EXCEED THIRTY DAYS. Following such proclamation  and  during  the
 continuance  of  such  local state of emergency, the chief executive may
 promulgate local emergency orders to protect life  and  property  or  to
 bring  the  emergency  situation  under  control.  As illustration, such
 orders may, within any part or all of the  territorial  limits  of  such
 local government, provide for:

 f.  the  establishment or designation of emergency shelters, emergency
 medical shelters, and in consultation with  the  state  commissioner  of
 health, [alternate medical care sites] COMMUNITY BASED CARE CENTERS;
 

S  6.  Subdivision  3  of section 24 of the executive law, as added by
 chapter 640 of the laws of 1978, is amended to read as follows:

 3. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local  emergency
 orders  of  a  chief executive of a county shall be executed in [tripli-
 cate] QUADRUPLICATE and shall be filed within seventy-two  hours  or  as
 soon thereafter as practicable in the office of the clerk of the govern
 ing  board  of  the  county,  the  office of the county clerk [and], the
 office of the secretary of state  AND  THE  STATE  OFFICE  OF  EMERGENCY
 MANAGEMENT  WITHIN  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY
 SERVICES. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emer
 gency orders of a chief executive of a city, town or  village  shall  be
 executed  in [triplicate] QUADRUPLICATE and shall be filed within seven
 ty-two hours or as soon thereafter as practicable in the office  of  the
 clerk  of  such  municipal  corporation,  the office of the county clerk
 [and], the office of the secretary of state  AND  THE  STATE  OFFICE  OF
 EMERGENCY  MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMER
 GENCY SERVICES.
 

S 7. Subdivision 1 of section 29-a of the executive law, as  added  by
 chapter 640 of the laws of 1978, is amended to read as follows:

 1.  Subject  to  the  state constitution, the federal constitution and
 federal statutes and regulations, [and after seeking the advice  of  the
 commission,]  the  governor  may  by executive order temporarily suspend
 specific provisions of any statute, local  law,  ordinance,  or  orders,
 rules  or  regulations,  or  parts thereof, of any agency during a state
 disaster emergency, if compliance with such  provisions  would  prevent,
 hinder, or delay action necessary to cope with the disaster.
 

S  8.  Paragraph  c  of subdivision 2 of section 29-h of the executive
 law, as added by section 10-a of part B of chapter 56  of  the  laws  of
 2010, is amended to read as follows:

 c.  "Local  emergency  management  [officer] DIRECTOR" means the local
 government official responsible for emergency preparedness, response and
 recovery;
 

S 9. Paragraph a of subdivision 6 of section  29-h  of  the  executive
 law,  as  added  by  section 10-a of part B of chapter 56 of the laws of
 2010, is amended to read as follows:

 
       S. 6255--D                          8                         A. 9055--D
 a. A participating local government may request  assistance  of  other
 participating local governments in preventing, mitigating, responding to
 and  recovering  from disasters that result in locally-declared emergen
 cies, or for the purpose of conducting multi-jurisdictional or  regional
 training,  drills  or  exercises.  Requests  for  assistance may be made
 verbally or in writing; verbal requests shall be memorialized in writing
 as soon thereafter as is practicable.  NOTWITHSTANDING THE PROVISIONS OF
 SECTION TWENTY-FIVE OF THIS  ARTICLE,  THE  LOCAL  EMERGENCY  MANAGEMENT
 DIRECTOR  SHALL  HAVE THE AUTHORITY TO REQUEST AND ACCEPT ASSISTANCE AND
 DEPLOY THE LOCAL RESOURCES OF HIS OR HER JURISDICTION UNDER  THE  INTRA
 STATE MUTUAL AID PROGRAM.
 

S  10.  Paragraph  b of subdivision 8 of section 29-h of the executive
 law is relettered paragraph e and three new paragraphs b, c  and  d  are
 added to read as follows:

 B. NOTWITHSTANDING THE PROVISIONS OF SECTION TWENTY-FIVE OF THIS ARTI
 CLE OR ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, ANY REQUESTING
 LOCAL  GOVERNMENT  REQUESTING  ASSISTANCE  UNDER  THIS  PROGRAM SHALL BE
 LIABLE AND RESPONSIBLE TO THE ASSISTING LOCAL GOVERNMENT FOR ANY LOSS OR
 DAMAGE TO EQUIPMENT OR SUPPLIES AND  SHALL  BEAR  AND  PAY  THE  EXPENSE
 INCURRED  IN THE OPERATION AND MAINTENANCE OF ANY EQUIPMENT AND THE COST
 OF MATERIALS AND  SUPPLIES  USED  IN  RENDERING  ASSISTANCE  UNDER  THIS
 SECTION.
 C.  THE  ASSISTING  LOCAL  GOVERNMENT  SHALL BE LIABLE FOR SALARIES OR
 OTHER COMPENSATION FOR ITS EMPLOYEES  DEPLOYED  TO  A  REQUESTING  LOCAL
 GOVERNMENT DURING THE TIME THEY ARE NOT RENDERING ASSISTANCE PURSUANT TO
 SUCH  REQUEST,  AND  SHALL  DEFRAY  THE ACTUAL TRAVELING AND MAINTENANCE
 EXPENSE OF ITS EMPLOYEES AND EQUIPMENT WHILE THEY ARE RENDERING  ASSIST
 ANCE UNDER THIS SECTION. THE REQUESTING LOCAL GOVERNMENT SHALL REIMBURSE
 THE  ASSISTING LOCAL GOVERNMENT FOR ANY MONEYS PAID FOR SUCH SALARIES OR
 OTHER COMPENSATION AND TRAVELING AND MAINTENANCE EXPENSES INCURRED  FROM
 ACTIVITIES PERFORMED WHILE RENDERING ASSISTANCE UNDER THIS PROGRAM.
 D.  NOTWITHSTANDING  PARAGRAPH  C  OF  THIS SUBDIVISION, ANY VOLUNTARY
 AMBULANCE SERVICE RENDERED PURSUANT TO A REQUEST  FOR  ASSISTANCE  UNDER
 THIS PROGRAM THAT AFFECTS A VOLUNTEER AMBULANCE WORKERS SERVICE AWARD OR
 SUPPLEMENTAL  SERVICE  AWARD  FROM  A SERVICE AWARD PROGRAM OR A SUPPLE
 MENTAL SERVICE AWARD PROGRAM ESTABLISHED PURSUANT TO ARTICLE  ELEVEN-AA,
 ARTICLE  ELEVEN-AAA, OR ARTICLE ELEVEN-AAAA OF THE GENERAL MUNICIPAL LAW
 SHALL BE THE RESPONSIBILITY OF THE POLITICAL SUBDIVISION  WHICH  ADOPTED
 THE  SERVICE AWARD PROGRAM OR SUPPLEMENTAL SERVICE AWARD PROGRAM AND NOT
 THE RESPONSIBILITY OF THE REQUESTING LOCAL GOVERNMENT.
 

S 11. Subdivisions 9 and 10 of section 29-h of the executive  law  are
 renumbered  subdivisions  10  and  11  and  subdivision  10, as added by
 section 10-a of part B of chapter 56 of the laws of 2010, is amended  to
 read as follows:

 10.  Liability.  a. Each local government is responsible for procuring
 and maintaining insurance or other coverage as it deems appropriate.
 b.   WHILE  RENDERING  ASSISTANCE  UNDER  THE  INTRASTATE  MUTUAL  AID
 PROGRAM, EMPLOYEES OF THE ASSISTING LOCAL GOVERNMENT SHALL HAVE THE SAME
 IMMUNITIES  AND PRIVILEGES AS IF SUCH DUTIES WERE PERFORMED WITHIN THEIR
 HOME JURISDICTION. AN ASSISTING LOCAL  GOVERNMENT  PROVIDING  ASSISTANCE
 PURSUANT  TO  THE  INTRASTATE MUTUAL AID PROGRAM SHALL BE LIABLE FOR THE
 NEGLIGENCE OF ITS EMPLOYEES, WHICH OCCURS IN THE  PERFORMANCE  OF  THEIR
 DUTIES  IN  THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH NEGLIGENCE
 OCCURRED IN THE PERFORMANCE OF THEIR DUTIES IN THEIR HOME JURISDICTION.
 C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER
 ING ASSISTANCE PURSUANT TO A REQUEST FOR ASSISTANCE WHO  SUSTAIN  INJURY
 
       S. 6255--D                          9                         A. 9055--D
 OR  DEATH IN THE COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTI
 TLED TO ALL APPLICABLE BENEFITS AS IF THEY WERE RESPONDING IN THEIR HOME
 JURISDICTION. THE ASSISTING LOCAL GOVERNMENT SHALL  BE  LIABLE  FOR  ALL
 COSTS OR PAYMENTS FOR SUCH BENEFITS AS REQUIRED BY LAW.
 D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE ASSISTING
 AND REQUESTING LOCAL GOVERNMENTS FROM AGREEING TO OTHER TERMS RELATED TO
 LIABILITY  AND COMPENSATION.  LOCAL GOVERNMENTS MAY CHOOSE TO ENTER INTO
 AN AGREEMENT, AT ANY TIME, TO ALTER THESE TERMS AS THEY DEEM NECESSARY.
 E.  Nothing  in  this  section  shall  be  construed  to  provide  any
 protection  against  liability, or to create any liability, for an indi
 vidual who responds to a state of  emergency  where  aid  has  not  been
 requested,  or  where  aid  has  not been authorized by the individual's
 [local government] HOME JURISDICTION.
 

S 12.

Section 29-h of the executive law is amended by adding  two  new
 subdivisions 9 and 12 to read as follows:

 9.  PERFORMANCE  OF  SERVICES.  A. (1) EMPLOYEES OF AN ASSISTING LOCAL
 GOVERNMENT SHALL CONTINUE UNDER THE ADMINISTRATIVE CONTROL OF THEIR HOME
 JURISDICTION. HOWEVER, IN ALL OTHER CASES WHERE NOT PROHIBITED BY GENER
 AL, SPECIAL OR LOCAL LAW, RULE OR REGULATION, EMPLOYEES OF AN  ASSISTING
 LOCAL  GOVERNMENT  SHALL BE UNDER THE DIRECTION AND CONTROL OF THE LOCAL
 EMERGENCY MANAGEMENT DIRECTOR OR OTHER OFFICIAL CHARGED WITH  PERFORMING
 EMERGENCY MANAGEMENT FUNCTIONS FOR THE REQUESTING LOCAL GOVERNMENT;
 (2)  PERFORMANCE  BY  EMPLOYEES  OF  AN  ASSISTING LOCAL GOVERNMENT OF
 SERVICES FOR A REQUESTING LOCAL  GOVERNMENT  PURSUANT  TO  THIS  SECTION
 SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOYEES REPRESENTED
 BY AN EMPLOYEE ORGANIZATION, RECOGNIZED OR CERTIFIED PURSUANT TO SECTION
 TWO  HUNDRED  SIX  OR TWO HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCLU
 SIVELY PERFORM SUCH SERVICES, AS THAT  PHRASE  IS  USED  BY  THE  PUBLIC
 EMPLOYMENT  RELATIONS  BOARD,  ON BEHALF OF THE REQUESTING LOCAL GOVERN
 MENT;
 B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN
 UE UNDER THE OWNERSHIP OF THE ASSISTING LOCAL GOVERNMENT, BUT  SHALL  BE
 UNDER THE DIRECTION AND CONTROL OF THE LOCAL EMERGENCY MANAGEMENT DIREC
 TOR OR OTHER OFFICIAL CHARGED WITH PERFORMING EMERGENCY MANAGEMENT FUNC
 TIONS FOR THE REQUESTING LOCAL GOVERNMENT.
 12.  LICENSE,  CERTIFICATE  AND PERMIT PORTABILITY. A. STATE CERTIFIED
 EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
 JURISDICTION PURSUANT TO A REQUEST FOR  ASSISTANCE  UNDER  THIS  PROGRAM
 SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
 AND RENDERING SERVICES IN THEIR HOME JURISDICTION.
 B.  ANY  OTHER  INDIVIDUAL  AUTHORIZED AND DEPLOYED BY A PARTICIPATING
 LOCAL GOVERNMENT WHEN RESPONDING PURSUANT TO A  REQUEST  FOR  ASSISTANCE
 UNDER THIS PROGRAM SHALL HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE
 RESPONDING IN THEIR HOME JURISDICTION.
 

S  13.  Paragraph  a of subdivision 8 of section 29-h of the executive
 law, as added by section 10-a of part B of chapter 56  of  the  laws  of
 2010, is amended to read as follows:

 a. Any assisting local government requesting [aid] REIMBURSEMENT under
 this  program  for  loss, damage or expenses incurred in connection with
 the provision of  [aid]  ASSISTANCE  that  seeks  reimbursement  by  the
 requesting  local  government shall make such request in accordance with
 procedures developed by the intrastate mutual aid committee.
 

S 14. The division of homeland security and emergency services  shall,
 in  consultation  with the New York state education department, evaluate
 the inclusion of school district and board  of  cooperative  educational
 services  participation  in the intrastate mutual aid program. If advis
 
       S. 6255--D                         10                         A. 9055--D
 able, the commissioner of the division of homeland security and emergen
 cy services shall develop a plan or process for  implementation.    Both
 the  evaluation  and  the  plan,  including legislative recommendations,
 shall  be  submitted  to  the  governor,  the temporary president of the
 senate and the speaker of the assembly within six months of  the  effec
 tive date of this act.
 

S 15. This act shall take effect immediately.
 PART H
 Intentionally Omitted
 PART I
 

Section  1. 

Section  167-a  of  the  civil service law, as separately
 amended by section 8 of part T and section 1 of part U of chapter 56  of
 the laws of 2010, is amended to read as follows:

 

S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
 from the coverage of the health benefit plan  of  supplementary  medical
 insurance  benefits for which an active or retired employee or a depend
 ent covered by the health benefit plan is or would be eligible under the
 federal old-age, survivors and disability insurance program,  an  amount
 equal  to  the  premium  charge for such supplementary medical insurance
 benefits for such active or retired employee and his or her  dependents,
 if  any,  shall  be paid monthly or at other intervals to such active or
 retired employee from the health insurance fund. Where appropriate, such
 amount may be deducted from contributions payable  by  the  employee  or
 retired employee; or where appropriate in the case of a retired employee
 receiving  a  retirement  allowance,  such  amount  may be included with
 payments of his or her retirement allowance. All state employer, employ
 ee, retired employee and dependent contributions to the health insurance
 fund, INCLUDING CONTRIBUTIONS FROM PUBLIC  AUTHORITIES,  PUBLIC  BENEFIT
 CORPORATIONS  OR  OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE ELIGIBLE
 FOR PARTICIPATION IN THE HEALTH BENEFIT PLAN AS AUTHORIZED  BY  SUBDIVI
 SION  TWO  OF  SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE, shall be
 adjusted as necessary to cover the cost of reimbursing federal  old-age,
 survivors  and  disability  insurance program premium charges under this
 section. This cost shall be included in the calculation  of  premium  or
 subscription  charges  for health coverage provided to [state] employees
 and retired [state] employees OF THE STATE, PUBLIC  AUTHORITIES,  PUBLIC
 BENEFIT  CORPORATIONS  OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE;
 provided, however, the state, PUBLIC AUTHORITIES, PUBLIC BENEFIT  CORPO
 RATIONS  OR  OTHER  QUASI-PUBLIC ORGANIZATIONS OF THE STATE shall remain
 obligated to pay no less than its share of such increased cost  consist
 ent  with  its  share of premium or subscription charges provided for by
 this article. All other employer contributions to the  health  insurance
 fund shall be adjusted as necessary to provide for such payments.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART J
 Intentionally Omitted
 PART K
 Intentionally Omitted
 
       S. 6255--D                         11                         A. 9055--D
 PART L
 

Section 1. Intentionally omitted.
 

S  2. Paragraph j of subdivision 1 of section 163 of the state finance
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:

 j. "Best value" means the basis for awarding contracts for services to
 the  offerer which optimizes quality, cost and efficiency, among respon
 sive and responsible offerers. Such basis shall reflect, wherever possi
 ble, objective and quantifiable analysis. SUCH BASIS MAY ALSO IDENTIFY A
 QUANTITATIVE FACTOR FOR OFFERERS THAT ARE SMALL BUSINESSES OR  CERTIFIED
 MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES AS DEFINED IN SUBDIVISIONS
 ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION THREE HUNDRED TEN OF THE EXEC
 UTIVE  LAW  TO BE USED IN EVALUATION OF OFFERS FOR AWARDING OF CONTRACTS
 FOR SERVICES.
 

S 3. Subparagraphs (iv) and (viii) of paragraph a of subdivision 3  of
 section  163  of  the state finance law, subparagraph (iv) as amended by
 chapter 430 of the laws of 1997, and subparagraph (viii) as  amended  by
 section  165  of  subpart B of part C of chapter 62 of the laws of 2011,
 are amended to read as follows:

 (iv) The commissioner is authorized to permit [any  officer,  body  or
 agency of the state or of a political subdivision or a district therein,
 or  fire  company  or volunteer ambulance service as such are defined in
 section one hundred of the general municipal law, to make] purchases  of
 commodities  AND  SERVICES  FOR  AUTHORIZED  USERS through the office of
 general services' centralized contracts[, pursuant to the provisions  of
 section  one hundred four of the general municipal law. The commissioner
 is authorized to permit any  county  extension  service  association  as
 authorized under subdivision eight of section two hundred twenty-four of
 the  county  law, or any association or other entity as specified in and
 in accordance with section one hundred nine-a of the  general  municipal
 law,  or  any  other association or entity as specified in state law, to
 make purchases of commodities through the office  of  general  services'
 centralized  contracts; provided, however, that such entity so empowered
 shall accept sole responsibility for any payment  due  with  respect  to
 such  purchase].    SUCH AUTHORIZED USERS SO EMPOWERED SHALL ACCEPT SOLE
 RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASES.
 [(viii) The commissioner may permit and prescribe the conditions  for,
 (A)  any  association, consortium or group of privately owned or munici-
 pal, federal or state owned  or  operated  hospitals,  medical  schools,
 other  health  related facilities or voluntary ambulance services, which
 have entered into a contract and made mutual arrangements for the  joint
 purchase of commodities pursuant to section twenty-eight hundred three-a
 of the public health law; (B) any institution for the instruction of the
 deaf  or  of  the  blind  listed in section forty-two hundred one of the
 education law; (C) any qualified non-profit-making agency for the  blind
 approved  by  the  commissioner  of  the  office  of children and family
 services or the office of temporary and disability assistance;  (D)  any
 qualified  charitable non-profit-making agency for the severely disabled
 approved by the commissioner of education; (E) any hospital or  residen-
 tial health care facility as defined in section twenty-eight hundred one
 of  the public health law; (F) any private not-for-profit mental hygiene
 facility as defined in section 1.03 of the mental hygiene law;  and  (G)
 any public authority or public benefit corporation of the state, includ-
 ing  the  port  authority  of New York and New Jersey and the interstate
 environmental commission, to make purchases using centralized  contracts
 
       S. 6255--D                         12                         A. 9055--D
 for commodities. Such qualified non-profit-making agencies for the blind
 and  severely  disabled  may make purchases from the correctional indus-
 tries program of the department of corrections and community supervision
 subject to rules pursuant to the correction law.]
 

S  4. Paragraph d of subdivision 3 of section 163 of the state finance
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:

 d. The commissioner may make, or cause to be made by a duly authorized
 representative,  any  investigation  which he or she may deem proper for
 acquiring the necessary information from a state  agency,  EXCEPT  STATE
 AGENCIES  WHERE THE HEAD OF THE AGENCY IS NOT APPOINTED BY THE GOVERNOR,
 INCLUDING BUT NOT LIMITED TO THE STATE EDUCATION DEPARTMENT, THE DEPART
 MENT OF LAW, AND THE DEPARTMENT OF AUDIT AND CONTROL, for  the  exercise
 of  his  or  her powers and duties under this [subdivision] SECTION. For
 such purposes the commissioner may subpoena and compel the attendance of
 witnesses before him or her, or an authorized  representative,  and  may
 compel  the  production  of  books,  papers,  records  or documents. The
 commissioner or a duly  authorized  representative  may  take  and  hear
 proofs and testimony and, for that purpose, the commissioner or the duly
 authorized representative may administer oaths. In addition, the commis
 sioner or the duly authorized representative:

 (i)  Shall  have  access  at  all reasonable times to offices of state
 agencies;
 (ii) May examine all books, papers, records and documents in any  such
 state  agency  as  pertain directly to the purchase, control or distrib
 ution of commodities; and
 (iii) May require any state agency to furnish such  data,  information
 or statement as may be necessary.
 

S  5. Paragraph e of subdivision 4 of section 163 of the state finance
 law, as amended by chapter 95 of the laws of 2000, is amended to read as
 follows:

 e. [Any officer, body or agency of a political subdivision as  defined
 in section one hundred of the general municipal law or a district there-
 in,  may  make  purchases  of  services  through  the  office of general
 services' centralized contracts for services, subject to the  provisions
 of  section  one  hundred four of the general municipal law. The commis-
 sioner may permit and prescribe  the  conditions  for  the  purchase  of
 services  through  the office of general services' centralized contracts
 for services by any public authority or public  benefit  corporation  of
 the  state  including the port authority of New York and New Jersey. The
 commissioner is authorized to permit  any  public  library,  association
 library,  library  system,  cooperative  library  system,  the  New York
 Library Association, and the  New  York  State  Association  of  Library
 Boards  or  any  other  library  except  those which are operated by for
 profit entities, to make purchases of services  through  the  office  of
 general  services'  centralized  contracts; provided, however, that such
 entity so empowered shall accept sole responsibility for any payment due
 with respect to such purchase.] THE COMMISSIONER IS AUTHORIZED TO PERMIT
 PURCHASES OF SERVICES FOR AUTHORIZED USERS THROUGH THE OFFICE OF GENERAL
 SERVICES' CENTRALIZED CONTRACTS.   SUCH AUTHORIZED  USERS  SO  EMPOWERED
 SHALL  ACCEPT  SOLE  RESPONSIBILITY  FOR ANY PAYMENT DUE WITH RESPECT TO
 SUCH PURCHASES.
 

S 6. The section heading and subdivision  1  of  section  104  of  the
 general municipal law, as amended by section 7 of subpart A of part C of
 chapter 97 of the laws of 2011, are amended to read as follows:

 
       S. 6255--D                         13                         A. 9055--D
 Purchase  through  office  of  general  services; PURCHASES FROM OTHER
 PUBLIC CONTRACTS; certain  federal  contracts.  1.  Notwithstanding  the
 provisions  of section one hundred three of this article or of any other
 general, special or local law, any officer, board or agency of  a  poli
 tical  subdivision,  of  a  district  therein, of a fire company or of a
 voluntary ambulance service authorized to make purchases of COMMODITIES,
 materials, equipment, TECHNOLOGY, food  products,  [or]  supplies[,]  or
 services  available  pursuant to [sections one hundred sixty-one and one
 hundred sixty-seven]  SECTION  ONE  HUNDRED  SIXTY-THREE  of  the  state
 finance  law,  may  make  such  purchases[, except of printed material,]
 through the office of general services OR ANY OTHER DEPARTMENT OR AGENCY
 OF THE STATE subject to [such] rules [as may be established from time to
 time] PROMULGATED pursuant to [sections one hundred sixty-three and  one
 hundred  sixty-seven]  ARTICLE ELEVEN of the state finance law; provided
 that any such purchase shall exceed five hundred dollars  and  that  the
 political  subdivision,  district,  fire  company or voluntary ambulance
 service for which such officer, board or agency acts shall  accept  sole
 responsibility  for  any  payment due the vendor. All purchases shall be
 subject to audit and inspection by the political subdivision,  district,
 fire  company or voluntary ambulance service for which made. No officer,
 board or agency of a political subdivision, or a district therein, of  a
 fire company or of a voluntary ambulance service shall make any purchase
 through  such  [office]  PUBLIC  ENTITY when bids have been received for
 such purchase by such officer, board or agency, unless such purchase may
 be made upon the same terms, conditions and specifications  at  a  lower
 price through such office. Two or more fire companies or voluntary ambu
 lance  services  may  join in making purchases pursuant to this section,
 and for the purposes of this section such groups shall be  deemed  "fire
 companies or voluntary ambulance services."
 

S  7.  Subparagraph (i) of paragraph b of subdivision 4 of section 163
 of the state finance law, as added by chapter 83 of the laws of 1995 and
 as designated by chapter 137 of the laws of 2008, is amended to read  as
 follows:

 (i)  Centralized  contracts for services may be procured by the office
 of general services at the request of state agencies [and state agencies
 may when such centralized contracts are in the form, function or utility
 required  by  said  agency,  purchase   from   established   centralized
 contracts. The state procurement council may, from time to time, require
 that state agencies procure services from certain centralized contracts]
 OR  AS DETERMINED BY THE COMMISSIONER. THE PURCHASE OF SERVICES BY STATE
 AGENCIES, EXCEPT STATE AGENCIES WHERE THE HEAD  OF  THE  AGENCY  IS  NOT
 APPOINTED BY THE GOVERNOR, INCLUDING BUT NOT LIMITED TO THE STATE EDUCA
 TION  DEPARTMENT, THE DEPARTMENT OF LAW, AND THE DEPARTMENT OF AUDIT AND
 CONTROL, SHALL BE CONDUCTED IN A MANNER THAT ACCORDS SECOND PRIORITY  TO
 CENTRALIZED  CONTRACTS  MEETING  FORM,  FUNCTION AND UTILITY REQUIRED BY
 SAID AGENCY,  THIRD  PRIORITY  TO  AGENCY  OR  MULTI-AGENCY  ESTABLISHED
 CONTRACTS AND FOURTH PRIORITY TO OTHER MEANS OF CONTRACTING.
 

S 8. Intentionally omitted.
 

S  9.  Subdivision 5 of section 163 of the state finance law, as added
 by chapter 83 of the laws of 1995, is amended to read as follows:

 5. Process for conducting state procurements. The process for conduct
 ing state procurements for services and commodities shall be as follows:

 [a.] Determination of need. State agencies shall  be  responsible  for
 determining the need for a given service or commodity:

 (i)  For  commodities, upon such determination of need, state agencies
 shall ascertain whether the commodity is available in the form, function
 
       S. 6255--D                         14                         A. 9055--D
 and utility consistent with their needs from preferred  sources  and  if
 so,  shall purchase said commodity from a preferred source in accordance
 with the provisions of this article. If not so available, state agencies
 shall determine whether the commodity is available in the form, function
 and utility consistent with their needs on a centralized contract and if
 so, except as provided in subparagraph (v) of paragraph a of subdivision
 three  of this section, shall purchase said commodity using the central
 ized contract. If a commodity is not available in the form, function and
 utility consistent with the needs of the state agency from  a  preferred
 source  or a centralized contract or as provided for in subparagraph (v)
 of paragraph a of subdivision three of this section,  the  state  agency
 may  procure  the commodity independently or in conjunction with another
 state agency in accordance with paragraph c of subdivision three of this
 section.
 (ii) For services, upon such determination  of  need,  state  agencies
 shall  ascertain  whether the service is available in the form, function
 and utility consistent with their needs from preferred sources  and,  if
 so,  shall purchase said service through the preferred source in accord
 ance with the provisions of this article. If  not  so  available,  state
 agencies [may] THE HEADS OF WHICH ARE APPOINTED BY THE GOVERNOR:

 (A)  [Purchase]  SHALL  PURCHASE the service if it is available in the
 form, function and utility consistent with their needs using  an  estab
 lished  centralized  contract  procured  by either the office of general
 services or another state agency;
 (B) [Request] MAY REQUEST that the office of general services  procure
 such a service, particularly with respect to those services having util
 ity and/or benefit to more than one state agency; or
 (C)  [Procure] MAY PROCURE the service independently or in conjunction
 with another state agency.
 [b. The state procurement council may,  from  time  to  time,  require
 state agencies to procure certain services from centralized contracts.]
 

S  10.  Subdivision  7  of  section  163  of the state finance law, as
 amended by section 10 of part FF of chapter 56 of the laws of  2010,  is
 amended to read as follows:

 7. Method of procurement. Consistent with the requirements of subdivi
 sions  three and four of this section, state agencies shall select among
 permissible methods of procurement including, but  not  limited  to,  an
 invitation for bid, request for proposals or other means of solicitation
 pursuant  to  guidelines  issued by the state procurement council. State
 agencies may accept bids  electronically  including  submission  of  the
 statement of non-collusion required by section one hundred thirty-nine-d
 of  this  chapter  and,  STARTING  APRIL FIRST, TWO THOUSAND TWELVE, AND
 ENDING MARCH THIRTY-FIRST, TWO THOUSAND  FIFTEEN,  may,  for  COMMODITY,
 SERVICE  AND technology contracts [and, in addition, for the period from
 July first, two thousand ten, to July first, two thousand twelve,  fuels
 (home  heating,  diesel,  gasoline,  natural  gas),  road salt, recycled
 paper, tires, telecommunications equipment, industrial supplies  (tools,
 equipment),  bituminous  materials,  drainage and culvert pipe, and road
 aggregate (gravel),] require electronic submission as  the  sole  method
 for  the  submission  of bids for the solicitation[, provided that the].
 STATE AGENCIES SHALL UNDERTAKE NO MORE THAN EIGHTY-FIVE SUCH  ELECTRONIC
 BID  SOLICITATIONS,  NONE  OF  WHICH SHALL BE REVERSE AUCTIONS, PRIOR TO
 APRIL FIRST, TWO THOUSAND  FIFTEEN.  IN  ADDITION,  STATE  AGENCIES  MAY
 CONDUCT UP TO TWENTY REVERSE AUCTIONS THROUGH ELECTRONIC MEANS, PRIOR TO
 APRIL  FIRST,  TWO  THOUSAND  FIFTEEN. PRIOR TO REQUIRING THE ELECTRONIC
 SUBMISSION OF BIDS, THE agency [has made] SHALL  MAKE  a  determination,
 
       S. 6255--D                         15                         A. 9055--D
 which  shall be documented in the procurement record, that [such method]
 ELECTRONIC SUBMISSION affords a fair and equal opportunity for  offerers
 to submit responsive offers. WITHIN THIRTY DAYS OF THE COMPLETION OF THE
 EIGHTY-FIFTH  ELECTRONIC  BID SOLICITATION, OR BY APRIL FIRST, TWO THOU
 SAND FIFTEEN, WHICHEVER IS EARLIER, THE  COMMISSIONER  SHALL  PREPARE  A
 REPORT  ASSESSING THE USE OF ELECTRONIC SUBMISSIONS AND MAKE RECOMMENDA
 TIONS REGARDING FUTURE USE OF  THIS  PROCUREMENT  METHOD.  IN  ADDITION,
 WITHIN  THIRTY  DAYS  OF THE COMPLETION OF THE TWENTIETH REVERSE AUCTION
 THROUGH ELECTRONIC MEANS, OR  BY  APRIL  FIRST,  TWO  THOUSAND  FIFTEEN,
 WHICHEVER  IS EARLIER, THE COMMISSIONER SHALL PREPARE A REPORT ASSESSING
 THE USE OF REVERSE AUCTIONS THROUGH ELECTRONIC MEANS AND MAKE  RECOMMEN
 DATIONS  REGARDING  FUTURE  USE OF THIS PROCUREMENT METHOD. SUCH REPORTS
 SHALL BE PUBLISHED ON THE WEBSITE OF THE  OFFICE  OF  GENERAL  SERVICES.
 Except  where  otherwise  provided by law, procurements shall be compet
 itive, and state agencies shall conduct formal competitive  procurements
 to  the  maximum  extent  practicable. State agencies shall document the
 determination of the method of procurement and the basis of award in the
 procurement record. Where the basis for award is the best  value  offer,
 the  state  agency  shall  document,  in  the  procurement record and in
 advance of the initial receipt of offers, the determination of the eval
 uation criteria, which whenever possible, shall be quantifiable, and the
 process to be used in the determination of best value and the manner  in
 which the evaluation process and selection shall be conducted.
 

S 11. Intentionally omitted.
 

S  12.  Subdivision  8  of  section  163  of the state finance law, as
 amended by chapter 95 of the  laws  of  2000,  is  amended  to  read  as
 follows:

 8. Public notice. All procurements by state agencies, INCLUDING, WITH
 OUT LIMITATION, THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
 OF  NEW  YORK,  in  excess  of [fifteen] FIFTY thousand dollars shall be
 advertised  in  the  state's  procurement  opportunities  newsletter  in
 accordance with article four-C of the economic development law.
 

S 13. Paragraph m of subdivision 2 of section 161 of the state finance
 law,  as  added by chapter 95 of the laws of 2000, is amended to read as
 follows:

 m. Establish and, from time to time, amend guidelines with respect  to
 publishing by state agencies of quarterly listings of projected procure
 ments  having  a  value greater than five thousand dollars but less than
 [fifteen] FIFTY thousand dollars in the procurement opportunities  news
 letter established by article four-C of the economic development law.
 

S 14. Subdivision 3 of section 141 of the economic development law, as
 amended  by  chapter  137  of  the  laws  of 2008, is amended to read as
 follows:

 3. "Procurement contract" shall mean  any  written  agreement  entered
 into   by   an  agency  for  the  acquisition  of  goods,  services,  or
 construction of any kind in the actual or estimated amount of  [fifteen]
 FIFTY  thousand  dollars or more. The term does not include an agreement
 for employment in the civil service.
 

S 15. Paragraph (b) of subdivision 2 of section 142  of  the  economic
 development  law,  as  amended  by  chapter  137 of the laws of 2008, is
 amended to read as follows:

 (b) for procurement contracts in excess of ten  thousand  dollars  and
 less  than  [twenty]  FIFTY  thousand dollars to be awarded by the state
 university of New York or the city university of New York, (i)  a  quar
 terly  listing  of projected procurement purchases by commodity for each
 institution of the state university of New York or the  city  university
 
       S. 6255--D                         16                         A. 9055--D
 of  New  York;  (ii) an explanation of how to apply for placement on any
 bidder lists maintained by the state university of New York or the  city
 university  of  New  York;  and  (iii)  a  description of procedures for
 providing  advance notification by mail to individuals or business enti
 ties on such bidder lists of any request for  proposals,  in  accordance
 with  rules  and  regulations promulgated by the state university or the
 city university; and
 

S 16.

Section 143 of the economic development law is amended by adding
 a new subdivision 4 to read as follows:

 4. AT THE TIME AN AGENCY ENTERS INTO A CONTRACT WITH A SINGLE OR  SOLE
 SOURCE PROVIDER PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
 FINANCE  LAW,  FOR  AN  AMOUNT IN EXCESS OF FIFTY THOUSAND DOLLARS, SUCH
 AGENCY SHALL SUBMIT AN ANNOUNCEMENT OF THE INTENDED CONTRACT FOR  INCLU
 SION  IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER, AND SHALL SPECIFY THE
 RECIPIENT OF THE CONTRACT.
 

S 17. Paragraph (e) of subdivision 2 of section 144  of  the  economic
 development law, as added by chapter 862 of the laws of 1990, is amended
 to read as follows:

 (e)  Notwithstanding  the foregoing, any agency receiving an exemption
 for a procurement contract in  accordance  with  this  subdivision  must
 nevertheless  publish  notice  of  either  the  letting  or award of the
 contract, and the reasons for any such  exemption,  in  the  procurement
 opportunities  newsletter as soon as practicable, unless the comptroller
 determines that publication would affect the ability of (i) law enforce
 ment agencies to carry out investigations, or (ii) agencies  to  protect
 security  operations, in which case notice of such contract shall not be
 published. IN THE CASE OF NON-COMPETITIVE AWARDS, SUCH NOTICE SHALL ALSO
 STATE THE RECIPIENT OF THE CONTRACT, A BRIEF DESCRIPTION OF THE  PURPOSE
 OF THE CONTRACT, THE CONTRACT TERM, AND THE ESTIMATED VALUE.
 

S  18.  Paragraph  (a)  of  subdivision  2 of section 112 of the state
 finance law, as amended by section 2 of part D of chapter 56 of the laws
 of 2006, is amended to read as follows:

 (a) Before any contract made for or by any state  agency,  department,
 board, officer, commission, or institution, except the office of general
 services,  shall be executed or become effective, whenever such contract
 exceeds fifty thousand dollars in amount and before  any  contract  made
 for  or  by  the  office of general services shall be executed or become
 effective, whenever such contract exceeds eighty-five  thousand  dollars
 in  amount,  it  shall first be approved by the comptroller and filed in
 his or her office, [provided, however, that the] WITH THE  EXCEPTION  OF
 CONTRACTS  ESTABLISHED  AS  A CENTRALIZED CONTRACT THROUGH THE OFFICE OF
 GENERAL SERVICES AND PURCHASE ORDERS OR OTHER  PROCUREMENT  TRANSACTIONS
 ISSUED  UNDER  SUCH  CENTRALIZED CONTRACTS. THE comptroller shall make a
 final written determination with respect to approval  of  such  contract
 within  ninety  days  of  the  submission of such contract to his or her
 office unless the comptroller shall notify, in writing, the state  agen
 cy, department, board, officer, commission, or institution, prior to the
 expiration of the ninety day period, and for good cause, of the need for
 an  extension  of  not more than fifteen days, or a reasonable period of
 time agreed to by such state agency, department, board, officer, commis
 sion, or institution and provided, further, that such  written  determi
 nation  or extension shall be made part of the procurement record pursu
 ant to paragraph f of subdivision one of section one hundred sixty-three
 of this chapter.
 

S 19.

Section 3 of the New York state printing  and  public  documents
 law,  as  added  by  chapter  160  of the laws of 1976, subdivision 1 as
 
       S. 6255--D                         17                         A. 9055--D
 amended by chapter 849 of the laws of 1987, and subdivision 5 as amended
 by chapter 346 of the laws of 1991, is amended to read as follows:

 

S  3.  Powers and duties of commissioner OF GENERAL SERVICES AND STATE
 AGENCIES IN  PURCHASING  PRINTING.    1.  The  commissioner  of  general
 services  shall  have  general  supervision  over  the  letting  of  all
 contracts for public printing provided to be made herein.  In  addition,
 the  commissioner  shall  exercise  such further supervision and control
 over all contracts for department printing [as herein  defined  that  he
 has  heretofore exercised or may hereafter deem] PURSUANT TO SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.  THE COMMISSIONER MAY,  AS
 deemed appropriate [including, but not limited to, the establishment of]
 ESTABLISH  standard  sizes and grades of paper and OTHER NECESSARY spec
 ifications for paper; provided, however, that such specifications  shall
 be  in accordance with those established pursuant to section one hundred
 [sixty-four] SIXTY-THREE AND SUBDIVISION THREE OF  SECTION  ONE  HUNDRED
 SIXTY-FIVE of the state finance law.
 (A)  THE COMMISSIONER OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE
 STANDARDIZATION AND CENTRALIZED  CONTRACTING  OF  PRINTING  REQUIRED  BY
 STATE  AGENCIES  IN  A  MANNER  WHICH  MAXIMIZES THE PURCHASING VALUE OF
 PUBLIC FUNDS.  PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE  STATE
 FINANCE  LAW, CONTRACTS FOR PRINTING MAY BE ESTABLISHED BY THE OFFICE OF
 GENERAL SERVICES OR STATE AGENCIES, AND STATE AGENCIES  MAY,  WHEN  SUCH
 CENTRALIZED  CONTRACTS ESTABLISHED BY THE OFFICE OF GENERAL SERVICES ARE
 IN THE FORM, FUNCTION AND UTILITY REQUIRED BY SAID AGENCY, PURCHASE FROM
 SUCH CENTRALIZED CONTRACTS.  WHEN PRINTING IS NOT  AVAILABLE  CONSISTENT
 WITH  THE  PROVISIONS  OF  SECTION  ONE HUNDRED SIXTY-THREE OF THE STATE
 FINANCE LAW IN THE FORM, FUNCTION AND UTILITY REQUIRED  BY  STATE  AGEN
 CIES,  STATE  AGENCIES MAY PROCURE PRINTING INDEPENDENTLY OR IN CONJUNC
 TION WITH OTHER STATE AGENCIES.
 (B) PRINTING CONTRACTS SHALL BE AWARDED ON THE BASIS OF  LOWEST  PRICE
 TO  A  RESPONSIVE  AND  RESPONSIBLE  OFFERER; OR IN THE CASE OF MULTIPLE
 AWARDS, IN ACCORDANCE WITH PARAGRAPH C OF SUBDIVISION TEN OF SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
 2. [The commissioner may appoint an expert printer and such assistants
 and employees as shall be  authorized  by  appropriations  made  by  the
 legislature  therefor, and such employees shall receive such salaries as
 shall be fixed by the legislature in such appropriation.
 3. It shall be the duty of said commissioner, in accordance with rules
 and regulations to be prescribed by him, to let to the lowest  responsi-
 ble bidder, as hereinafter provided, and as will best promote the public
 interest,  all contracts for the work embraced in the legislative print-
 ing and department printing as those terms are in this chapter  defined,
 except  printing  done pursuant to law in the correctional facilities of
 the state, in the state charitable and benevolent institutions  for  the
 benefit  of  such  institutions,  or  by  the board or commission having
 fiscal control of such institutions, the printing of  examination  ques-
 tion papers or printing done for the education department or the schools
 under  its  jurisdiction  in the rooms of the university of the state of
 New York by its employees,  the  stationery  used  by  the  legislature,
 briefs  and  cases  on appeal and the bulletins issued by the Geneva and
 Ithaca experimental stations.] No contract for department printing shall
 be let to a bidder who, in the opinion of  the  commissioner,  does  not
 have  satisfactory  facilities  and equipment which are ample and suffi
 cient to insure proper performance of the contract or who has failed  to
 give adequate security in an amount which may be required by the commis
 sioner.  Provided  further,  however, that no contract shall be let to a
 
       S. 6255--D                         18                         A. 9055--D
 bidder other than the lowest PRICE responsible bidder without the  writ
 ten approval of the comptroller.
 [4. The said commissioner shall adopt and promulgate appropriate rules
 and  regulations  touching the manner of the performance of his work and
 prescribing the form and manner of advertisement for bids and all requi-
 sitions made upon him for printing, except that said commissioner  shall
 make  no  rule  or  regulation  inconsistent with or in violation of the
 provisions of this chapter.
 5.] 3.  Notwithstanding  any  of  the  foregoing  provisions  of  this
 section, or of any general or special act, the commissioner may contract
 for  printing  to  an  amount  not  exceeding [ten] EIGHTY-FIVE thousand
 dollars without competitive bidding, and [may by  rule  prescribing  the
 amount,  not  exceeding  five  thousand  dollars, authorize] other state
 departments and agencies [to let contracts,] MAY CONTRACT TO  AN  AMOUNT
 NOT  EXCEEDING  FIFTY  THOUSAND DOLLARS without competitive bidding, for
 printing required by them. [Such rule shall prescribe the  form,  manner
 and  content  of the notice to be given to prospective vendors, the form
 of specifications and proposals for such printing, and the  method  used
 in  making  an  award,  except that as such specifications relate to the
 paper required for printing they  shall  be  in  accordance  with  those
 established  pursuant  to  section  one  hundred sixty-four of the state
 finance law.
 Multiple  purchases  of  identical  items  of  printing  and  printing
 supplies,  made  by  such other department or agency without competitive
 bidding within a period of sixty days, shall not exceed the sum of  five
 thousand dollars.]
 

S  20. 

Section  6 of the New York state printing and public documents
 law is REPEALED.
 

S 21.

Section 7 of the New York state printing  and  public  documents
 law is REPEALED and section 7-a is renumbered section 7.
 

S  22. 

Section  8 of the New York state printing and public documents
 law, as amended by chapter 704 of the laws of 1964 and as renumbered  by
 chapter 160 of the laws of 1976, is amended to read as follows:

 

S 8. Right to annul contracts.  Upon the failure or non-performance of
 the  terms  of  any  of the contracts [set forth in] AWARDED PURSUANT TO
 this chapter on the part of the contractors with the state, the  commis
 sioner OF GENERAL SERVICES OR THE STATE AGENCY may annul the contract in
 which  default  is  made and the comptroller shall withhold payment from
 the contractor for all work [done by him] PERFORMED THEREUNDER until the
 damage to the state shall be ascertained by proper adjudication, and the
 [said] commissioner OF GENERAL SERVICES OR THE STATE AGENCY, may  [read-
 vertise  and  enter  into  a]  RELET THE contract for the balance of the
 uncompleted term of [any] A contract so annulled  or  abrogated  in  the
 manner prescribed in the provisions of this chapter.
 

S  23. Paragraph (g) of section 1509 of the not-for-profit corporation
 law, as added by chapter 151 of the laws of 1992, is amended to read  as
 follows:

 (g)  Purchases through office of general services. Notwithstanding the
 provisions of any general, special or local law, any officer or agent of
 a cemetery corporation subject to the provisions of this article author
 ized to make purchases of [materials, equipment or supplies] COMMODITIES
 AND SERVICES may make such  purchases[,  except  of  printed  material,]
 through  the  office of general services subject to such rules as may be
 established from time to time pursuant to  section  one  hundred  sixty
 three  of  the  state finance law; provided that any such purchase shall
 exceed five hundred dollars and that the cemetery corporation for  which
 
       S. 6255--D                         19                         A. 9055--D
 such  officer  or  agent  acts  shall accept sole responsibility for any
 payment due the vendor. All purchases shall  be  subject  to  audit  and
 inspection by the cemetery corporation for which made. Two or more ceme
 tery  corporations may join in making purchases pursuant to this section
 and, for the purposes of this section, such groups  shall  be  deemed  a
 cemetery corporation.
 

S  24.  Paragraph  i  of subdivision 3 of section 236 of the education
 law, as added by chapter 9 of the laws of 1979, is amended  to  read  as
 follows:

 i.  Any  corporation  created under the provisions of this section may
 make purchases[, except of printed material, through the state divisions
 of standards and quality control; and of purchasing in the]  OF  COMMOD
 ITIES  AND  SERVICES  THROUGH  THE office of general services subject to
 such rules as may be established from time to time pursuant  to  section
 one  hundred  sixty-three  of  the state finance law; provided that each
 such purchase shall have a cost of five hundred dollars or more and that
 said corporation shall accept sole responsibility  for  any  payment  of
 such cost due the vendor.
 

S  25. 

Section 258-a of the education law, as added by chapter 106 of
 the laws of 1980, is amended to read as follows:

 

S 258-a. Purchases  by  museums,  historical   societies,   zoological
 gardens,  aquariums,  botanical  gardens  and arboreta through office of
 general services.   Museums, historical societies,  zoological  gardens,
 aquariums,  botanical gardens and arboreta which are chartered or incor
 porated by the regents or  otherwise  formed  pursuant  to  section  two
 hundred  sixteen  of  this  chapter or otherwise pursuant to the laws of
 this state and are also non-profit ORGANIZATIONS may make  purchases  [,
 except  of  printed  material,]  OF COMMODITIES AND SERVICES through the
 [state division of standards and purchase  in  the]  office  of  general
 services  subject  to such rules as may be established from time to time
 pursuant to section one hundred sixty-three of the  state  finance  law;
 provided  that  each  such  purchase  shall  have a cost of five hundred
 dollars or more and that said  museum,  historical  society,  zoological
 garden, aquarium, botanical garden or arboreta shall accept sole respon
 sibility for any payment of such cost due the vendor.
 

S  26. 

Section  6404 of the education law, as added by chapter 734 of
 the laws of 1976, is amended to read as follows:

 

S 6404. Purchases by certain independent institutions.  Any postsecon
 dary institution chartered under the powers of the regents  pursuant  to
 section  two  hundred  sixteen  OF  THIS CHAPTER or incorporated under a
 special act of the legislature may make purchases[,  except  of  printed
 material,]  OF  COMMODITIES  AND  SERVICES  pursuant  to  the  terms  of
 contracts let by the [state division of standards and purchase  in  the]
 office  of  general services subject to such rules as may be established
 from time to time pursuant to section one  hundred  sixty-three  of  the
 state  finance  law  which  may  establish  limitations  with respect to
 commodities AND SERVICES and impose such  other  appropriate  conditions
 upon  purchasing  as  deemed  necessary  by  the commissioner of general
 services in order to  protect  the  state's  own  purchasing  interests;
 provided  that  each  such  purchase  shall  have a cost of five hundred
 dollars or more and that said  [corporation]  INSTITUTION  shall  accept
 sole responsibility for any payment of such cost due the vendor.
 

S  27.

Section 104 of the general municipal law, as amended by chapter
 137 of the laws of 2008, is amended to read as follows:

 

S 104. Purchase through office of  general  services.  Notwithstanding
 the  provisions  of  section one hundred three of this article or of any
 
       S. 6255--D                         20                         A. 9055--D
 other general, special or local law, any officer, board or agency  of  a
 political  subdivision, of a district therein, of a fire company or of a
 voluntary ambulance service IS authorized to make purchases of  [materi-
 als, equipment, food products, or supplies, or services] COMMODITIES AND
 SERVICES  available  pursuant to [sections one hundred sixty-one and one
 hundred sixty-seven]  SECTION  ONE  HUNDRED  SIXTY-THREE  of  the  state
 finance  law,  may  make  such  purchases[, except of printed material,]
 through the office of general services subject to such rules as  may  be
 established from time to time pursuant to [sections] SECTION one hundred
 sixty-three  [and  one  hundred sixty-seven] of the state finance law or
 through the general services administration pursuant to section 1555  of
 the federal acquisition streamlining act of 1994, P.L. 103-355; provided
 that  any  such  purchase shall exceed five hundred dollars and that the
 political subdivision, district, fire  company  or  voluntary  ambulance
 service  for  which such officer, board or agency acts shall accept sole
 responsibility for any payment due the vendor. All  purchases  shall  be
 subject  to audit and inspection by the political subdivision, district,
 fire company or voluntary ambulance service for which made. No  officer,
 board  or agency of a political subdivision, or a district therein, of a
 fire company or of a voluntary ambulance service shall make any purchase
 through such office when bids have been received for  such  purchase  by
 such officer, board or agency, unless such purchase may be made upon the
 same  terms, conditions and specifications at a lower price through such
 office. Two or more fire companies or voluntary ambulance  services  may
 join  in making purchases pursuant to this section, and for the purposes
 of this section such groups shall be deemed "fire companies or voluntary
 ambulance services."
 

S 28.

Section 109-a of the general municipal law, as amended by  chap
 ter 502 of the laws of 2002, is amended to read as follows:

 

S  109-a.  Purchases through the office of general services by certain
 public associations. The New York State  Association  of  Counties,  the
 Association  of  Towns of the State of New York, the New York State Town
 Clerk's Association, Inc., the New York State Conference of  Mayors  and
 Other Municipal Officials, the New York State School Boards Association,
 Inc.,  the  New  York  Planning  Federation  and the Association of Fire
 Districts of the State of New York, the New York  State  Association  of
 School  Business  Officials, the New York state council of school super
 intendents, any nonpublic elementary  and/or  secondary  school  of  the
 state  of  New  York, which provides the instruction required by section
 thirty-two hundred four and article seventeen of the education law,  and
 which  is  chartered  by,  registered with or subject to examination and
 inspection by the department of education and which is a not for  profit
 institution and any public library, association library, library system,
 cooperative  library  system,  the New York Library Association, and the
 New York State Association of Library Boards or any other library except
 those which are operated by for profit entities,  may  make  purchases[,
 except  of  printed  material,]  through  the office of general services
 subject to such rules as may be [established from time to time]  PROMUL
 GATED  pursuant  to  [sections] SECTION one hundred sixty-three [and one
 hundred sixty-five] of the state finance law and subdivision eight-a  of
 section  one  hundred  three of this article which may establish limita
 tions with respect to commodities  and  impose  such  other  appropriate
 conditions  upon  purchasing  as deemed necessary by the commissioner of
 general services in order to protect the state's own  purchasing  inter
 ests;  and  that  such  association,  school, library, library system or
 cooperative library system shall  accept  sole  responsibility  for  any
 
       S. 6255--D                         21                         A. 9055--D
 payment  due  the  vendor. Boards of education may permit such nonpublic
 schools to make purchases pursuant to this section  through  the  school
 district  in  which  the  nonpublic school is located, provided that any
 administrative costs incurred by the school district will be paid by the
 nonpublic school.
 

S  29. Subdivision (a) of section 2 of chapter 741 of the laws of 1985
 relating to authorizing certain organizations  to  purchase  commodities
 and  services  under  contracts  let  by  the  state  office  of general
 services, as amended by chapter 134 of the laws of 1994, is  amended  to
 read as follows:

 (a)  Any charitable organization or federation of charitable organiza
 tions, as defined in subdivision (b) of this  section,  maintaining  its
 office  in  a  county of the state and performing all or the predominant
 part of its charitable, benevolent or philanthropic services or conduct
 ing all or the  predominant  part  of  its  solicitation  of  charitable
 contributions  in such county and any county, town or other agricultural
 society, the American institute of the  city  of  New  York,  performing
 their  activities  in  any  such  county  on or after January 1, 1993 is
 authorized to make purchases[, except of printed material,] pursuant  to
 the  terms of contracts let by the [state divisions of purchasing and of
 standards and quality control of the] office of general services subject
 to such rules as may be [established from time to time under] PROMULGAT
 ED PURSUANT TO the provisions of section 163 of the state  finance  law,
 which may establish limitations with respect to commodities AND SERVICES
 and  impose  such other appropriate conditions upon purchasing as deemed
 necessary by the commissioner of general services in  order  to  protect
 the  state's  own purchasing interests; provided that each such purchase
 shall exceed five hundred dollars and that such charitable  organization
 or federation of charitable organizations shall accept sole responsibil
 ity for any payment due the vendor.
 

S  30. Subdivision 7 of section 160 of the state finance law, as added
 by chapter 83 of the laws of 1995, is amended to read as follows:

 7. "Service" or "services" means[, except with  respect  to  contracts
 for  state printing,] the performance of a task or tasks and may include
 a material good or a quantity  of  material  goods,  and  which  is  the
 subject  of  any  purchase  or  other exchange. For the purposes of this
 article, technology shall be deemed a service. Services, as  defined  in
 this  article,  shall  not  apply  to those contracts for architectural,
 engineering or  surveying  services,  or  those  contracts  approved  in
 accordance with article eleven-B of this chapter.
 

S  31.  Paragraph  a  of subdivision 5 of section 355 of the education
 law, as amended by section 1 of subpart B of part D of chapter 58 of the
 laws of 2011, is amended to read as follows:

 a.  (i)  purchase  materials,   PROPRIETARY   ELECTRONIC   INFORMATION
 RESOURCES  INCLUDING  BUT  NOT  LIMITED  TO  ACADEMIC, PROFESSIONAL, AND
 INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
 TOOLS, INDEXES AND ABSTRACTS, equipment and supplies, including computer
 equipment  and  motor  vehicles, (ii) execute contracts for construction
 and construction-related services  contracts,  and  (iii)  contract  for
 printing,  without  prior approval by any other state officer or agency,
 but subject to rules and regulations of the state comptroller not other
 wise inconsistent with the provisions of this section and in  accordance
 with  guidelines  promulgated  by the state university board of trustees
 after consultation with the state comptroller;
 
       S. 6255--D                         22                         A. 9055--D
 

S 32.  Paragraph a of subdivision 5 of section 355  of  the  education
 law,  as  amended by chapter 682 of the laws of 2007, is amended to read
 as follows:

 a.   (i)   purchase   materials,  PROPRIETARY  ELECTRONIC  INFORMATION
 RESOURCES INCLUDING BUT  NOT  LIMITED  TO  ACADEMIC,  PROFESSIONAL,  AND
 INDUSTRY  JOURNALS,  REFERENCE  HANDBOOKS AND MANUALS, RESEARCH TRACKING
 TOOLS, INDEXES AND ABSTRACTS equipment and supplies, including  computer
 equipment  and  motor  vehicles,  where the amount for a single purchase
 does not exceed twenty thousand  dollars,  (ii)  execute  contracts  for
 services  and  construction  contracts to an amount not exceeding twenty
 thousand dollars, and (iii) contract  for  printing  to  an  amount  not
 exceeding  five  thousand  dollars,  without prior approval by any other
 state officer or agency, but subject to rules  and  regulations  of  the
 state comptroller not otherwise inconsistent with the provisions of this
 section  and in accordance with the rules and regulations promulgated by
 the state university board of trustees after consultation with the state
 comptroller. In addition, the  trustees,  after  consultation  with  the
 commissioner  of  general services, are authorized to annually negotiate
 with the state comptroller increases in the aforementioned dollar limits
 and the exemption of any articles, categories of articles or commodities
 from these limits.  Rules  and  regulations  promulgated  by  the  state
 university  board  of trustees shall, to the extent practicable, require
 that competitive proposals be solicited for purchases, and shall include
 requirements that purchases and contracts authorized under this  section
 be  at  the  lowest  available  price, including consideration of prices
 available through other state agencies, consistent with quality require
 ments, and as will best promote the public interest. Such purchases  may
 be  made  directly  from  any  contractor  pursuant  to any contract for
 commodities let by the office of general services  or  any  other  state
 agency;
 

S 33. Subparagraph (i) of paragraph 1 of subdivision a of section 6218
 of  the education law, as amended by section 2 of subpart B of part D of
 chapter 58 of the laws of 2011, is amended to read as follows:

 (i)  purchase   materials[,];   PROPRIETARY   ELECTRONIC   INFORMATION
 RESOURCES,  INCLUDING,  BUT  NOT  LIMITED TO, ACADEMIC, PROFESSIONAL AND
 INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
 TOOLS,  INDEXES  AND  ABSTRACTS;  AND  equipment and supplies, including
 computer equipment and motor vehicles,
 

S 34. Paragraph (i) of subdivision a of section 6218 of the  education
 law,  as  amended by chapter 697 of the laws of 1993, is amended to read
 as follows:

 (i)  purchase   materials[,];   PROPRIETARY   ELECTRONIC   INFORMATION
 RESOURCES,  INCLUDING,  BUT  NOT  LIMITED TO, ACADEMIC, PROFESSIONAL AND
 INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
 TOOLS,  INDEXES  AND  ABSTRACTS;  AND  equipment and supplies, including
 computer equipment and motor vehicles, where the  amount  for  a  single
 purchase does not exceed twenty thousand dollars,
 

S  35. Subdivision 3 of section 160 of the state finance law, as added
 by chapter 83 of the laws of 1995, is amended to read as follows:

 3.  "Commodity"  or  "commodities"  means[,  except  with  respect  to
 contracts  for  state  printing,]  material  goods,  supplies, products,
 construction items, ELECTRONIC INFORMATION RESOURCES or  other  standard
 articles  of  commerce  [other than technology] which are the subject of
 any purchase or other exchange.
 

S 36. Subdivision 1 of section 163 of the state finance law is amended
 by adding a new paragraph k to read as follows:

 
       S. 6255--D                         23                         A. 9055--D
 K. "AUTHORIZED USER" OR "NON-STATE AGENCY  PURCHASER"  MEANS  (I)  ANY
 OFFICER,  BODY OR AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OR A
 DISTRICT THEREIN, OR FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS SUCH
 ARE DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, TO MAKE
 PURCHASES  OF COMMODITIES, SERVICES AND TECHNOLOGY THROUGH THE OFFICE OF
 GENERAL SERVICES' CENTRALIZED CONTRACTS, PURSUANT TO THE  PROVISIONS  OF
 SECTION  ONE  HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; (II) ANY COUNTY
 EXTENSION SERVICE ASSOCIATION AS AUTHORIZED UNDER SUBDIVISION  EIGHT  OF
 SECTION TWO HUNDRED TWENTY-FOUR OF THE COUNTY LAW; (III) ANY ASSOCIATION
 OR  OTHER  ENTITY  AS  SPECIFIED  IN  AND IN ACCORDANCE WITH SECTION ONE
 HUNDRED NINE-A OF THE  GENERAL  MUNICIPAL  LAW;  (IV)  ANY  ASSOCIATION,
 CONSORTIUM  OR  GROUP  OF PRIVATELY OWNED OR MUNICIPAL, FEDERAL OR STATE
 OWNED OR OPERATED  HOSPITALS,  MEDICAL  SCHOOLS,  OTHER  HEALTH  RELATED
 FACILITIES  OR  VOLUNTARY  AMBULANCE SERVICES, WHICH HAVE ENTERED INTO A
 CONTRACT AND MADE MUTUAL ARRANGEMENTS FOR THE JOINT PURCHASE OF  COMMOD
 ITIES,  SERVICES AND TECHNOLOGY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
 THREE-A OF THE PUBLIC HEALTH LAW; (V) ANY INSTITUTION FOR  THE  INSTRUC
 TION OF THE DEAF OR OF THE BLIND LISTED IN SECTION FORTY-TWO HUNDRED ONE
 OF  THE  EDUCATION  LAW; (VI) ANY QUALIFIED NON-PROFIT-MAKING AGENCY FOR
 THE BLIND APPROVED BY THE COMMISSIONER OF THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  OR  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE;
 (VII) ANY QUALIFIED CHARITABLE NON-PROFIT-MAKING AGENCY FOR THE SEVERELY
 DISABLED APPROVED BY THE COMMISSIONER OF EDUCATION; (VIII) ANY  HOSPITAL
 OR  RESIDENTIAL  HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THE PUBLIC HEALTH LAW; (IX)  ANY  PRIVATE  NOT-FOR-PROFIT
 MENTAL HYGIENE FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
 LAW;  (X)  ANY  PUBLIC  AUTHORITY  OR  PUBLIC BENEFIT CORPORATION OF THE
 STATE, INCLUDING THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY  AND  THE
 INTERSTATE  ENVIRONMENTAL  COMMISSION;  (XI) ANY PUBLIC LIBRARY, ASSOCI
 ATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY SYSTEM, THE NEW  YORK
 LIBRARY  ASSOCIATION,  AND  THE  NEW  YORK  STATE ASSOCIATION OF LIBRARY
 BOARDS OR ANY OTHER LIBRARY EXCEPT  THOSE  WHICH  ARE  OPERATED  BY  FOR
 PROFIT  ENTITIES;  (XII) ANY OTHER ASSOCIATION OR ENTITY AS SPECIFIED IN
 STATE LAW, TO MAKE PURCHASES OF  COMMODITIES,  SERVICES  AND  TECHNOLOGY
 THROUGH  THE  OFFICE  OF  GENERAL SERVICES' CENTRALIZED CONTRACTS.  SUCH
 QUALIFIED NON-PROFIT-MAKING AGENCIES FOR THE BLIND AND SEVERELY DISABLED
 MAY MAKE PURCHASES FROM  THE  CORRECTIONAL  INDUSTRIES  PROGRAM  OF  THE
 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION SUBJECT TO RULES
 PURSUANT TO THE CORRECTION LAW.
 

S 37. Subdivision 5 of section 362 of chapter 83 of the laws  of  1995
 amending  the  state finance law and other laws relating to bonds, notes
 and revenues, as amended by chapter 137 of the laws of 2008, is  amended
 to read as follows:

 5. Sections thirty-one through forty-two of this act shall take effect
 on  the  thirtieth  day  after  it  shall have become a law and shall be
 deemed to have been in full force and effect on and after April 1, 1995;
 provided that section 163 of the state finance law, as added by  section
 thirty-three  of  this  act  shall remain in full force and effect until
 June 30, [2012] 2016 at  which  time  it  shall  expire  and  be  deemed
 repealed. Contracts executed prior to the expiration of such section 163
 shall  remain  in full force and effect until the expiration of any such
 contract notwithstanding the expiration of certain  provisions  of  this
 act.
 

S  38. 

Section 179-ee of the state finance law is amended by adding a
 new subdivision 3 to read as follows:

 
       S. 6255--D                         24                         A. 9055--D
 3. A MODIFICATION TO A CONTRACT THAT WOULD RESULT  IN  A  TRANSFER  OF
 FUNDS  AMONG  PROGRAM  ACTIVITIES OR BUDGET COST CATEGORIES BUT DOES NOT
 AFFECT THE AMOUNT, CONSIDERATION, SCOPE OR OTHER TERMS OF SUCH  CONTRACT
 SHALL  NOT,  BY  ITSELF,  REQUIRE  SUCH  CONTRACT AND MODIFICATION TO BE
 SUBMITTED  TO  THE  COMPTROLLER FOR REVIEW; PROVIDED, HOWEVER, WHERE THE
 AMOUNT OF SUCH MODIFICATION IS, AS A PORTION OF THE TOTAL VALUE  OF  THE
 CONTRACT,  EQUAL  TO  OR  GREATER THAN TEN PERCENT FOR CONTRACTS OF LESS
 THAN FIVE MILLION DOLLARS, OR FIVE PERCENT FOR CONTRACTS  OF  MORE  THAN
 FIVE MILLION DOLLARS, THE COMPTROLLER MAY REQUIRE THAT SUCH MODIFICATION
 BE SUBMITTED TO HIM OR HER FOR REVIEW.
 

S  39. This act shall take effect immediately, provided, however, that
 procurement contracts for which bid solicitations have been issued prior
 to the effective date of this act shall be subject to the provisions  of
 law  in  effect  at  the  time  of issuance; provided, however, that the
 amendments made to section 163 of the state finance law by sections two,
 three, four, five, seven, nine, ten, twelve and thirty-six of  this  act
 shall  not  affect  the repeal of such section and shall be deemed to be
 repealed therewith;  and  provided,  however,  that  the  amendments  to
 section 104 of the general municipal law made by section six of this act
 shall  be subject to the expiration and reversion of such section pursu
 ant to section 9 of subpart A of part C of chapter 97  of  the  laws  of
 2011, when upon such date the provisions of section twenty-seven of this
 act  shall  take  effect;  and provided, however, that the amendments to
 paragraph a of subdivision 5 of section 355 of the education law made by
 section thirty-one of this act shall be subject to  the  expiration  and
 reversion of such subdivision pursuant to section 4 of subpart B of part
 D  of chapter 58 of the laws of 2011, when upon such date the provisions
 of section thirty-two of this act shall take effect; and  provided  that
 the  amendments  to  subdivision  a of section 6218 of the education law
 made by section thirty-three of this act shall be subject to the expira
 tion and reversion of such subdivision pursuant to section 4 of  subpart
 B  of  part  D  of chapter 58 of the laws of 2011, as amended, when upon
 such date the provisions of section thirty-four of this act  shall  take
 effect.
 PART M
 Intentionally Omitted
 PART N
 Intentionally Omitted
 PART O
 

Section  1.  The  article heading of article 1 of the state technology
 law, as added by chapter 430 of the laws of 1997  and  such  article  as
 renumbered  by  chapter  437  of the laws of 2004, is amended to read as
 follows:

 OFFICE [FOR TECHNOLOGY] OF INFORMATION TECHNOLOGY SERVICES
 

S 2. Subdivision 3 of section 101 of  the  state  technology  law,  as
 added  by chapter 430 of the laws of 1997 and such section as renumbered
 by chapter 437 of the laws of 2004, is amended to read as follows:

 3. "Office" means the office [for technology] OF INFORMATION TECHNOLO
 GY SERVICES.
 
       S. 6255--D                         25                         A. 9055--D
 

S 3. The section heading and subdivision 1 of section 102 of the state
 technology law, as added by chapter 430 of the laws  of  1997  and  such
 section as renumbered by chapter 437 of the laws of 2004, are amended to
 read as follows:

 Office  [for technology] OF INFORMATION TECHNOLOGY SERVICES; director,
 organization and employees. 1.  The office [for technology] OF  INFORMA
 TION  TECHNOLOGY SERVICES is hereby created within the executive depart
 ment to have and exercise the functions, powers and duties  provided  by
 the provisions of this article and any other provision of law.
 

S  4.  Subdivision  4  of  section 202 of the state technology law, as
 amended by chapter 17 of the  laws  of  2002,  is  amended  to  read  as
 follows:

 4.  "Office"  shall mean the state office [for technology] OF INFORMA
 TION TECHNOLOGY SERVICES.
 

S 5. Subdivision 1 of section 303 of  the  state  technology  law,  as
 amended  by  chapter  437  of  the  laws  of 2004, is amended to read as
 follows:

 1. The office [for  technology]  OF  INFORMATION  TECHNOLOGY  SERVICES
 shall  be  the  electronic  facilitator  and administer this article. In
 addition to the authority, duties  and  responsibilities  set  forth  in
 article  one  of this chapter, the electronic facilitator shall have the
 authority, duties and responsibilities granted in this article.
 

S 6. Subdivision 15 of section 52 of the civil service law,  as  added
 by chapter 228 of the laws of 1998, is amended to read as follows:

 15.  Promotion  eligibility  of  person transferred to the office [for
 technology] OF INFORMATION TECHNOLOGY  SERVICES.    Notwithstanding  any
 other provision of this chapter, the names of permanent employees trans
 ferred  from a state agency or department to the office [for technology]
 OF INFORMATION TECHNOLOGY SERVICES shall remain on any promotion  eligi
 ble  list  for  appointment  in the agency or department from which such
 employees were transferred, for a period of one year or until the  expi
 ration  of  such  list,  whichever  occurs  first.  Further,  where  the
 promotion eligible list on which such employees' names appear is  estab
 lished   in  the  office  [for  technology]  OF  INFORMATION  TECHNOLOGY
 SERVICES, the names of employees so transferred shall be added  to  such
 promotion eligible list.
 

S  7.  Subdivision 1 of section 21 of the executive law, as amended by
 section 93 of subpart B of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:

 1.  There  is  hereby  created  in the executive department a disaster
 preparedness commission consisting of the commissioners  of  transporta
 tion,  health,  division of criminal justice services, education, social
 services, economic development, agriculture  and  markets,  housing  and
 community  renewal, general services, labor, environmental conservation,
 mental health, parks, recreation and historic preservation,  corrections
 and  community  supervision and children and family services, the presi
 dent of the New York state energy research  and  development  authority,
 the  superintendents  of  state  police,  [insurance, banking] FINANCIAL
 SERVICES, the secretary of state,  the  state  fire  administrator,  the
 chair of the public service commission, the adjutant general, the direc
 tors  of  the offices within the division of homeland security and emer
 gency services, the office [for technology]  OF  INFORMATION  TECHNOLOGY
 SERVICES,  and  the office of victim services, the chairs of the thruway
 authority, the metropolitan transportation authority, the port authority
 of New York and New Jersey, the chief professional officer of the  state
 coordinating  chapter  of  the  American  Red Cross and three additional
 
       S. 6255--D                         26                         A. 9055--D
 members, to be appointed by the governor, two of  whom  shall  be  chief
 executives.  Each member agency may designate an officer of that agency,
 with responsibility for disaster preparedness matters, who may represent
 that agency on the commission. The commissioner of the division of home
 land security and emergency services shall serve as chair of the commis
 sion, and the governor shall designate the vice chair of the commission.
 The  members of the commission, except those who serve ex officio, shall
 be allowed their actual and necessary expenses incurred in the  perform
 ance  of their duties under this article but shall receive no additional
 compensation for services rendered pursuant to this article.
 

S 8. Subdivision 10 of section 31 of the executive law, as amended  by
 section 106 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:

 10. Office [for technology] OF INFORMATION TECHNOLOGY SERVICES.
 

S  9.  Subdivision 3 of section 164-d of the executive law, as amended
 by section 1 of part O of chapter 60 of the laws of 2011, is amended  to
 read as follows:

 3.  The  office  [for  technology]  OF INFORMATION TECHNOLOGY SERVICES
 shall promulgate rules and regulations to implement  the  provisions  of
 this  section.  Such rules shall at least provide for the prioritization
 and timing for making application forms available on the internet.
 

S 10. Subdivision 4 of section 163-a of  the  state  finance  law,  as
 amended  by  chapter  437  of  the  laws  of 2004, is amended to read as
 follows:

 4. The state agency together  with  the  office  [for  technology]  OF
 INFORMATION  TECHNOLOGY  SERVICES determines that the restriction is not
 in the best interest of the state. Such office shall notify each  member
 of the advisory council established in article one of the state technol
 ogy law of any such waiver of these restrictions.
 

S  11. 

Section 171-k of the tax law, as amended by chapter 437 of the
 laws of 2004, is amended to read as follows:

 

S 171-k. Electronic signature. If any return or report relating  to  a
 tax, fee or other imposition administered by the commissioner is author
 ized by the commissioner to be filed electronically, then such return or
 report  shall be signed electronically consistent with the provisions of
 article three of the state technology law; provided,  however,  that  if
 the  commissioner determines that electronic signatures that are used by
 the federal internal revenue  service  in  tax  administration  are  not
 consistent  with the provisions of article three of the state technology
 law, then the commissioner, after conferring with the office [for  tech-
 nology] OF INFORMATION TECHNOLOGY SERVICES, may prescribe the manner and
 form  of  electronic  signature on any such return or report. Such elec
 tronic signature shall conform, to the extent  practicable,  with  elec
 tronic signatures that are used by the federal internal revenue service.
 The use of such an electronic signature shall have the same validity and
 effect as the use of a signature affixed by hand.
 

S  12.  Subdivision  4 of section 236-b of the county law, as added by
 chapter 339 of the laws of 2009, is amended to read as follows:

 4. In this section, the term "agency of the state of New  York"  shall
 include  any  department, bureau, commission, board, public authority or
 other agency of the state of New York; any  public  benefit  corporation
 whose  board of directors includes any member appointed by the governor;
 any subdivision of any department,  bureau,  commission,  board,  public
 authority  or other agency of the state which is easily identifiable and
 which for most other purposes is treated as an independent state agency;
 and the office [for technology] OF INFORMATION TECHNOLOGY SERVICES.
 
       S. 6255--D                         27                         A. 9055--D
 

S 13. Paragraph (h) of subdivision 1 of section 327 of the county law,
 as added by section 33 of part B of chapter 56 of the laws of  2010,  is
 amended to read as follows:

 (h) one shall be the director of the office [for technology] OF INFOR
 MATION TECHNOLOGY SERVICES, or his or her designee;
 

S 14.  Terms. (a) Wherever the term "office for technology" appears in
 the  executive  law,  state  technology law, or otherwise in the consol
 idated or unconsolidated laws of this state, such term is hereby changed
 to "office of information technology services".
 (b) Wherever the term "director of the office for technology"  appears
 in  the executive law, state technology law, or otherwise in the consol
 idated or unconsolidated laws of this state, such term is hereby changed
 to "director of information technology services".
 (c) The legislative bill drafting commission  is  hereby  directed  to
 effectuate  this  provision,  and  shall  be  guided  by a memorandum of
 instruction setting forth the specific provisions of law to be  amended.
 Such  memorandum  shall  be transmitted to the legislative bill drafting
 commission within sixty days of the effective date  of  this  provision.
 Such  memorandum  shall be issued jointly by the governor, the temporary
 president of the senate and the speaker of the assembly, or by the dele
 gate of each.
 

S 15. Existing rights and remedies, preserved. No  existing  right  or
 remedy of any character shall be lost, impaired or affected by reason of
 this act.
 

S 16. Pending actions and proceedings. No action or proceeding pending
 at  the  time when this act shall take effect, brought by or against the
 office for technology, and pertaining to or  connected  with  its  func
 tions,  powers,  obligations  and  duties,  shall  be  affected  by  any
 provision of this act, but in the same way may be prosecuted or defended
 in the name of the office of information  technology  services.  In  all
 such  actions  and  proceedings  the  office  of  information technology
 services, upon application to the  court,  shall  be  substituted  as  a
 party.
 

S  17.  This  act shall take effect on the sixtieth day after it shall
 have become a law.
 PART P
 Intentionally Omitted
 PART Q
 

Section 1. Notwithstanding any other law  to  the  contrary,  for  the
 purpose  of  promoting  access to employment, the state shall pay to the
 metropolitan transportation authority the costs associated  with  estab
 lishment and implementation by the metropolitan transportation authority
 of  a  rebate  program  for E-ZPass tolls paid by the residents of Broad
 Channel and the Rockaway Peninsula who  live  within  zip  codes  11691,
 11692,  11693,  11694,  11695,  and 11697, for travel over the Cross Bay
 Veterans Memorial Bridge.
 

S 2. This act shall take effect immediately.
 PART R
 
       S. 6255--D                         28                         A. 9055--D
 

Section 1. Subdivision 3 of section 50-a of the workers'  compensation
 law,  as  amended  by  section  1 of part R of chapter 56 of the laws of
 2010, is amended to read as follows:

 3. Beginning [on January first,] IN two thousand [twelve] FIFTEEN, and
 each  year  thereafter,  the chair shall add to the total of each annual
 assessment made under paragraph g of subdivision five of  section  fifty
 of  this article the sum of up to three million dollars, to be allocated
 to private group and individual self-insurers in  accordance  with  such
 paragraph.  The chair shall assess additional funds under this paragraph
 as necessary to insure that there are sufficient funds in the  fund  for
 uninsured  employers to meet its liabilities, or if necessary in accord
 ance with section one hundred fifty-one of this chapter. Such  funds  as
 are  collected  pursuant to this subdivision shall be deposited into the
 uninsured employer fund until all funds withdrawn therefrom under subdi
 vision one of this section are returned with interest calculated  at  an
 annual  rate  equal to the rate of return on funds in the fund for unin
 sured employers from the prior year.
 

S 2. This act shall take effect immediately.
 PART S
 

Section 1. The opening paragraph of subdivision 3 of  section  5-a  of
 the legislative law, as amended by section 1 of part QQ of chapter 56 of
 the laws of 2010, is amended to read as follows:

 Any member of the assembly serving in a special capacity in a position
 set  forth  in  the  following  schedule shall be paid the allowance set
 forth in such schedule only for the legislative term commencing  January
 first,  two  thousand [eleven] THIRTEEN and terminating December thirty
 first, two thousand [twelve] FOURTEEN:

 

S 2. 

Section 13 of chapter 141 of the  laws  of  1994,  amending  the
 legislative  law and the state finance law relating to the operation and
 administration of the legislature, as amended by section 1 of part Q  of
 chapter 57 of the laws of 2011, is amended to read as follows:

 

S  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect as of April 1, 1994,  provided  that,
 the  provisions  of  section  5-a  of  the legislative law as amended by
 sections two and two-a of this act shall take effect on January 1, 1995,
 and provided further that, the provisions of article 5-A of the legisla
 tive law as added by section eight of this act  shall  expire  June  30,
 [2012]  2013 when upon such date the provisions of such article shall be
 deemed repealed; and provided further that section twelve  of  this  act
 shall be deemed to have been in full force and effect on and after April
 10, 1994.
 

S  3.    This act shall take effect immediately, provided, however, if
 section two of this act shall take effect on  or  after  June  30,  2012
 section  two  of this act shall be deemed to have been in full force and
 effect on and after June 30, 2012.
 PART T
 

Section 1.

Section 10 of the correction law is amended by adding a new
 subdivision 3-a to read as follows:

 3-A. IN ORDER TO BEST EFFECTUATE THE PROVISIONS OF SUBDIVISION TWO  OF
 THIS  SECTION  THE  COMMISSIONER  SHALL,  PURSUANT TO SUBDIVISION ONE OF
 SECTION SEVENTY OF THE CIVIL SERVICE LAW, TRANSFER ANY EMPLOYEE WHO HELD
 THE POSITION OF FACILITY PAROLE OFFICER I OR FACILITY PAROLE OFFICER  II
 
       S. 6255--D                         29                         A. 9055--D
 ON  JANUARY  FIRST,  TWO  THOUSAND  TWELVE AND WHO WISHES TO ACCEPT SUCH
 TRANSFER, TO FILL ANY OPEN POSITION IN  THE  PAROLE  OFFICER  OR  SENIOR
 PAROLE  OFFICER TITLE. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO
 FACILITY  PAROLE  OFFICER  I OR FACILITY PAROLE OFFICER II EMPLOYEES FOR
 THE PERIOD THAT THE CERTIFICATE ATTESTING TO SATISFACTORY COMPLETION  OF
 THE  TRAINING REQUIREMENTS FOR PEACE OFFICER ELIGIBILITY AWARDED TO SUCH
 EMPLOYEE REMAINS VALID PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX  OF
 SECTION  2.30  OF  THE  CRIMINAL PROCEDURE LAW. IN NO INSTANCE SHALL THE
 DEPARTMENT APPOINT A NEWLY HIRED EMPLOYEE TO A PAROLE OFFICER OR  SENIOR
 PAROLE  OFFICER POSITION WHERE AN EMPLOYEE, ELIGIBLE UNDER THIS SUBDIVI
 SION, IS WILLING AND ABLE TO TRANSFER TO SUCH  POSITION.    AN  EMPLOYEE
 TRANSFERRED  UNDER  THIS  SUBDIVISION  SHALL  IN NO INSTANCE DISPLACE AN
 INCUMBENT EMPLOYEE IN THE PAROLE OFFICER OR SENIOR PAROLE OFFICER  TITLE
 OR  A  PERSON  WHO IS ON A PREFERRED LIST OR REEMPLOYMENT ROSTER FOR THE
 POSITION OF PAROLE OFFICER OR SENIOR PAROLE OFFICER PURSUANT TO  SECTION
 EIGHTY-ONE OR EIGHTY-ONE-A OF THE CIVIL SERVICE LAW.
 

S  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2015.
 PART U
 

Section 1. Subdivision 4 of section  29  of  the  correction  law,  as
 amended  by section 12  of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:

 4. (A) The commissioner shall provide an annual report to the legisla
 ture on the staffing of correction officers and correction sergeants  in
 state  correctional  facilities.  Such  report shall include, but not be
 limited to the following factors: the number of security  posts  on  the
 current  plot  plan  for  each facility that have been closed on a daily
 basis, by correctional facility security classification (minimum, medium
 and maximum); the number of security positions eliminated by correction
 al facility since two thousand compared to the number of inmates  incar
 cerated  in  each  such  facility;  a breakdown by correctional facility
 security classification (minimum, medium,  and  maximum)  of  the  staff
 hours  of  overtime  worked,  by  year since two thousand and the annual
 aggregate costs related to this overtime. In addition, such report shall
 be delineated by  correctional  facility  security  classification,  the
 annual  number  of  security  positions eliminated, the number of closed
 posts and amount of staff hours of overtime accrued as well as the over
 all overtime expenditures that resulted. Such report shall  be  provided
 to  the  chairs  of  the senate finance, assembly ways and means, senate
 crime and corrections and assembly correction committees, AND POSTED  ON
 THE  DEPARTMENT'S  WEBSITE, ANNUALLY by [December thirty-first] FEBRUARY
 FIRST.
 (B) SUCH REPORT SHALL ALSO INCLUDE BUT NOT BE LIMITED TO:   THE  TOTAL
 NUMBER  OF  CORRECTIONAL FACILITIES IN OPERATION WHICH ARE MAINTAINED BY
 THE DEPARTMENT, THE SECURITY LEVEL OF EACH FACILITY, THE NUMBER OF  BEDS
 AT EACH FACILITY AS OF DECEMBER THIRTY-FIRST OF THE PRIOR YEAR, AS CLAS
 SIFIED  BY THE DEPARTMENT, AND THE NUMBER OF EMPTY BEDS, IF ANY, BY SUCH
 CLASSIFICATION AS OF SUCH DATE.
 

S 2. This act shall take effect immediately.
 PART V
 

Section 1. Legislative intent. In recent years, New York has seen  the
 inappropriate and harmful use of technology increase exponentially among
 
       S. 6255--D                         30                         A. 9055--D
 the  juvenile  population due to the accessibility and interconnectivity
 of this form of communication. This problem has become more  serious  as
 the  violence  and  gravity of the behavior has escalated, reaching into
 traditional sanctuaries for our children including their homes. Notably,
 this has resulted in tragic cases of suicide as well as various cases of
 long-term  impairments  to  both  the victim and the aggressor. Both the
 acts of cyberbullying  and  sexting  include  components  of  aggressive
 behavior, significant disrespect to an individual, and emotional trauma.
 Although New York has taken initial steps to address bullying, a compre
 hensive  and  multi-tiered  approach  to  this activity is imperative in
 order to appropriately tackle the behavior as well as its repercussions.
 This requires cooperation among all members of our community,  including
 schools, family units, and the criminal justice system. This legislation
 is  a  component  of  this inclusive approach by creating an appropriate
 educational program for the youth whose action or behavior has  come  to
 the attention of the judicial system.
 

S 2.

Section 458-l of the social services law, as added by chapter 535
 of the laws of 2011, is amended to read as follows:

 

S 458-l. Education reform program. 1. As used in this section:

 (a) "eligible person" means an individual who (I) is, OR IS AT RISK OF
 BEING, the subject of a [pending] PERSON IN NEED OF SUPERVISION petition
 in family court [alleging he or she has committed an eligible offense or
 a  person who has been charged, in criminal court,] WHERE ELEMENTS OF AN
 ELIGIBLE OFFENSE HAVE BEEN INDICATED; OR (II) HAS BEEN ARRESTED  FOR  OR
 CHARGED  with  an eligible offense, OR IT IS OTHERWISE ALLEGED THAT SUCH
 PERSON HAS COMMITTED AN ELIGIBLE OFFENSE, as that  term  is  defined  in
 paragraph  (b)  of this subdivision.  IN DETERMINING WHETHER TO ORDER AN
 ELIGIBLE PERSON WHO HAS BEEN ARRESTED FOR OR CHARGED  WITH  AN  ELIGIBLE
 OFFENSE AS AN ADULT TO PARTICIPATE IN THE EDUCATION REFORM PROGRAM UNDER
 THIS  SECTION, A JUDGE MUST CONSIDER, AMONG OTHER FACTORS, PRIOR PARTIC
 IPATION IN THE PROGRAM AS AN ADULT.
 (b) "eligible offense" means a crime or offense committed, OR, IN  THE
 CASE  OF A PERSON WHO IS, OR IS AT RISK OF BEING THE SUBJECT OF A PERSON
 IN NEED OF SUPERVISION PETITION, CONDUCT  ENGAGED  IN,  by  an  eligible
 person  that  involved  cyberbullying  or the sending or receipt THROUGH
 ELECTRONIC MEANS of obscenity, as defined in subdivision one of  section
 235.00  of  the  penal  law, or nudity, as defined in subdivision two of
 section 235.20 of the penal law, when the sender and the receiver there
 of were both under the age of twenty at the time of such  communication,
 but not more than five years apart in age.
 (c) "program" means the education reform program developed pursuant to
 subdivision two of this section.
 2.  The  office  of  children  and  family  services,  hereinafter the
 "office," shall develop and implement, in consultation with the division
 of criminal justice services and  the  state  education  department,  an
 education  reform  program [for] TO BE PROVIDED TO eligible persons [who
 have been required to complete such] AS A DIVERSION program [pursuant to
 article three or seven] IN ACCORDANCE WITH SECTION SEVEN  HUNDRED  THIR
 TY-FIVE  of the family court act or, AS A CONDITION OF ADJUSTMENT PURSU
 ANT TO SECTION 308.1 OF THE FAMILY COURT ACT, OR AS A  CONDITION  OF  AN
 ORDER  OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, SUSPENDED JUDGMENT,
 DISCHARGE WITH WARNING, CONDITIONAL DISCHARGE OR PROBATION  PURSUANT  TO
 ARTICLE  THREE  OR  SEVEN  OF  THE  FAMILY  COURT ACT, AS A CONDITION OF
 PROBATION OR A CONDITIONAL DISCHARGE PURSUANT TO section  60.37  of  the
 penal  law  OR  AS  A  CONDITION  OF  AN ADJOURNMENT IN CONTEMPLATION OF
 
       S. 6255--D                         31                         A. 9055--D
 DISMISSAL PURSUANT TO SECTION 170.55 OF THE CRIMINAL PROCEDURE  LAW,  AS
 APPLICABLE.
 3. The program shall be available in every judicial [district] DEPART
 MENT  in the state; provided that if the office determines that there is
 not a sufficient number of eligible offenses in  a  judicial  [district]
 DEPARTMENT  to mandate the implementation of a program, provisions shall
 be made for the residents of  such  judicial  [district]  DEPARTMENT  to
 participate in a program in another judicial [district] DEPARTMENT where
 a  program  exists  if practicable with regard to travel and cost, or to
 complete the education course online.
 4. [The] SUCH program SHALL BE PROVIDED IN AN  AGE-APPROPRIATE  MANNER
 WHICH  FOCUSES  ON  THE  CRIME,  OFFENSE OR CONDUCT, shall involve up to
 eight hours of instruction and shall provide, at a minimum,  information
 concerning:

 (a)  the  legal  consequences  of  and potential penalties for sharing
 sexually suggestive materials, explicit materials or abusive  materials,
 including sanctions imposed under applicable federal and state statutes;
 (b)  the non-legal consequences of sharing sexually suggestive materi
 als, explicit materials or abusive materials, including, but not limited
 to, the possible  effect  on  relationships,  loss  of  educational  and
 employment  opportunities, and the potential for being barred or removed
 from school programs and extracurricular activities;
 (c) how the unique characteristics of  cyberspace  and  the  internet,
 including  the  potential ability of an infinite audience to utilize the
 internet to search for and replicate materials,  can  produce  long-term
 and  unforeseen  consequences for sharing sexually suggestive materials,
 explicit materials or abusive materials; and
 (d) the potential connection between bullying and  cyber-bullying  and
 juveniles  sharing  sexually suggestive materials, explicit materials or
 abusive materials.
 5. [Upon receipt of the court order, pursuant to the family court  act
 or  section  60.37  of  the  penal  law, directing an eligible person to
 attend the program, the office, after  consultation  with  the  eligible
 person  and  the  attorney  for such person, shall schedule the eligible
 person to attend the next available session of  the  program  and  shall
 send  written  notice  of  the scheduling, along with the date, time and
 location of the session or sessions, to the eligible person, the  attor-
 ney  for  such person and the clerk of the referring court.] THE OFFICE,
 IN CONJUNCTION WITH THE OFFICE OF COURT ADMINISTRATION,  THE  OFFICE  OF
 PROBATION  AND  CORRECTIONAL  ALTERNATIVES  AND THE DIVISION OF CRIMINAL
 JUSTICE SERVICES, SHALL PROVIDE ANNUAL NOTICE REGARDING THE  PROGRAM  TO
 LOCAL PROBATION DEPARTMENTS, APPLICABLE COURT PERSONNEL, COUNTY DEFENDER
 OFFICES,  ORGANIZATIONS OR GROUPS ASSIGNED TO ACT AS ATTORNEYS FOR CHIL
 DREN, DISTRICT ATTORNEYS, PRESENTMENT AGENCIES AND COUNTY ATTORNEYS, FOR
 THE PURPOSE OF SUCH INFORMATION BEING PROVIDED TO EACH ELIGIBLE  PERSON,
 HIS  OR  HER ATTORNEY AND HIS OR HER PARENT OR GUARDIAN WHERE NECESSARY,
 UPON AN ORDER THAT THEY COMPLETE SUCH PROGRAM. THE NOTICE SHALL INCLUDE,
 AT A MINIMUM, A SHORT DESCRIPTION  OF  THE  PROGRAM,  WHEN  USE  OF  THE
 PROGRAM  IS  AUTHORIZED  BY  STATUTE,  AND  THE  MEANS  OF ACCESSING AND
 COMPLETING THE PROGRAM. THE OFFICE SHALL  MAINTAIN  INFORMATION  ON  ITS
 WEBSITE  REGARDING  THE  PROGRAM, INCLUDING DIRECTIONS FOR ACCESSING THE
 PROGRAM.
 6. Within twenty days of the  date  upon  which  the  eligible  person
 completes  the  program,  the  office  shall  provide such person with a
 certification that he or she has successfully completed the program  AND
 THE DATE THE PROGRAM WAS COMPLETED. THE ELIGIBLE PERSON SHALL BE RESPON
 
       S. 6255--D                         32                         A. 9055--D
 SIBLE  FOR  COMPLETING THE PROGRAM, AND PROVIDING ANY NECESSARY PROOF OF
 COMPLETION.
 

S  3.  Subdivision  2  of  section  308.1  of the family court act, as
 amended by chapter 252 of the laws  of  1988,  is  amended  to  read  as
 follows:

 2.  Except as provided in subdivisions three and four OF THIS SECTION,
 the probation service may, in accordance with  rules  of  court,  adjust
 suitable cases before a petition is filed. The inability of the respond
 ent  or his or her family to make restitution shall not be a factor in a
 decision to adjust a case or in  a  recommendation  to  the  presentment
 agency  pursuant  to  subdivision  six  of this section. Nothing in this
 section shall prohibit the probation service or the court from directing
 a respondent to obtain employment and to make restitution from the earn
 ings from such employment.  NOTHING IN THIS SECTION SHALL  PROHIBIT  THE
 PROBATION  SERVICE  OR  THE  COURT  FROM DIRECTING AN ELIGIBLE PERSON TO
 COMPLETE AN EDUCATION REFORM PROGRAM IN  ACCORDANCE  WITH  SECTION  FOUR
 HUNDRED FIFTY-EIGHT-L OF THE SOCIAL SERVICES LAW.
 

S  4.  Subdivision  (a)  of  section  749  of the family court act, as
 amended by chapter 237 of the laws  of  1991,  is  amended  to  read  as
 follows:

 (a)  (I) Upon or after a fact-finding hearing, the court may, upon its
 own motion or upon a motion of a party to the proceeding, order that the
 proceeding be "adjourned in contemplation of dismissal". An  adjournment
 in contemplation of dismissal is an adjournment of the proceeding, for a
 period not to exceed six months with a view to ultimate dismissal of the
 petition  in  furtherance  of  justice. Upon issuing such an order, upon
 such permissible terms and  conditions  as  the  rules  of  court  shall
 define, the court must release the individual.
 (II)  The court may, as a condition of an adjournment in contemplation
 of dismissal order[,]: (A) in cases where the record indicates that  the
 consumption  of alcohol may have been a contributing factor, require the
 respondent to attend and complete an alcohol  awareness  program  estab
 lished  pursuant  to  [paragraph  six-a  of  subdivision (a) of] section
 [19.07] 19.25 of the mental hygiene law;  OR  (B)  IN  CASES  WHERE  THE
 RECORD  INDICATES  THAT  CYBERBULLYING  OR  SEXTING WAS THE BASIS OF THE
 PETITION, REQUIRE AN ELIGIBLE PERSON TO  COMPLETE  AN  EDUCATION  REFORM
 PROGRAM  IN  ACCORDANCE  WITH  SECTION FOUR HUNDRED FIFTY-EIGHT-L OF THE
 SOCIAL SERVICES LAW.
 (III) Upon application of the petitioner,  or  upon  the  court's  own
 motion, made at any time during the duration of the order, the court may
 restore  the  matter  to  the  calendar.  If  the  proceeding  is not so
 restored, the petition is at the expiration of the order, deemed to have
 been dismissed by the court in furtherance of justice.
 

S 5. Subdivision 1 of section 754 of the family court act  is  amended
 by adding a closing paragraph to read as follows:

 THE COURT MAY ORDER AN ELIGIBLE PERSON TO COMPLETE AN EDUCATION REFORM
 PROGRAM  IN  ACCORDANCE  WITH  SECTION FOUR HUNDRED FIFTY-EIGHT-L OF THE
 SOCIAL SERVICES LAW, AS PART OF A DISPOSITION PURSUANT TO PARAGRAPH (A),
 (B) OR (D) OF THIS SUBDIVISION.
 

S 6.

Section 60.37 of the penal law, as added by chapter  535  of  the
 laws of 2011, is amended to read as follows:

 

S 60.37 Authorized disposition; certain offenses.
 When  a  person  has  been charged with an offense and the elements of
 such offense meet the criteria of an "eligible offense" and such  person
 qualifies  as  an "eligible person" as such terms are defined in section
 four hundred fifty-eight-l of the social services law, the court may, as
 
       S. 6255--D                         33                         A. 9055--D
 a CONDITION OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL  IN  ACCORDANCE
 WITH  SECTION  170.55  OF  THE CRIMINAL PROCEDURE LAW, OR A condition of
 probation or a conditional discharge, direct that the defendant  partic
 ipate  in  an  education  reform  program pursuant to subdivision two of
 section four hundred fifty-eight-l of the social services law.
 

S 7.

Section 170.55 of the criminal procedure law is amended by adding
 a new subdivision 6-a to read as follows:

 6-A. THE COURT MAY, AS A CONDITION OF  AN  AUTHORIZED  ADJOURNMENT  IN
 CONTEMPLATION OF DISMISSAL, WHERE THE DEFENDANT HAS BEEN CHARGED WITH AN
 OFFENSE AND THE ELEMENTS OF SUCH OFFENSE MEET THE CRITERIA OF AN "ELIGI
 BLE  OFFENSE"  AND SUCH PERSON QUALIFIED AS AN "ELIGIBLE PERSON" AS SUCH
 TERMS ARE DEFINED IN SECTION FOUR HUNDRED FIFTY-EIGHT-L  OF  THE  SOCIAL
 SERVICES  LAW,  REQUIRE  THE  DEFENDANT  TO  PARTICIPATE IN AN EDUCATION
 REFORM PROGRAM IN ACCORDANCE WITH SECTION FOUR HUNDRED FIFTY-EIGHT-L  OF
 THE SOCIAL SERVICES LAW.
 

S 8.

Section 7 of chapter 535 of the laws of 2011, amending the social
 services  law  and  other laws relating to creating the education reform
 program, is amended to read as follows:

 

S 7. This act shall take effect on the [one] TWO  hundred  [eightieth]
 FORTIETH  day after it shall have become a law; provided that, effective
 immediately, the commissioner of  the  office  of  children  and  family
 services  shall  promulgate any rules and regulations and take all other
 actions necessary to implement the provisions of this act on  or  before
 such effective date.
 

S  9.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 535 of the laws of 2011,  as  amended,  takes  effect;
 provided  that  section  eight of this act shall take effect immediately
 and shall be deemed to have been in full force and effect on  and  after
 September 23, 2011.
 PART W
 

Section 1. Paragraph (a) of subdivision 2 of section 98-b of the state
 finance law, as amended by section 2 of part E of chapter 56 of the laws
 of 2010, is amended to read as follows:

 (a)  The  purpose of such fund shall be to (i) assist counties and, in
 the case of a county wholly contained  within  a  city,  such  city,  in
 providing legal representation for persons who are financially unable to
 afford  counsel  pursuant  to article eighteen-B of the county law; (ii)
 assist the state, in improving the quality of  public  defense  services
 and  funding representation provided by assigned counsel paid in accord
 ance with section thirty-five of the judiciary law; [and] (iii)  provide
 support for the operations, duties, responsibilities and expenses of the
 office  of indigent legal services and the indigent legal services board
 established, respectively, pursuant to sections eight hundred thirty-two
 and eight hundred thirty-three of the executive law;  AND  (IV)  PROVIDE
 SUPPORT FOR THE PUBLIC DEFENSE BACKUP CENTER.
 

S 2.

Section 700 of the county law is amended by adding a new subdivi
 sion 12 to read as follows:

 12.  IN  ADDITION TO STATE AID PROVIDED IN SUBDIVISIONS TEN AND ELEVEN
 OF THIS SECTION, EACH COUNTY, THE SALARY OF  THE  DISTRICT  ATTORNEY  OF
 WHICH  IS  DETERMINED  PURSUANT TO SECTION ONE HUNDRED EIGHTY-THREE-A OF
 THE JUDICIARY LAW, SHALL BE ENTITLED TO RECEIVE STATE AID IN  AN  AMOUNT
 EQUAL  TO  THE DIFFERENCE BETWEEN: (A) THE SALARY REQUIRED TO BE PAID TO
 THE DISTRICT ATTORNEY OF  SUCH  COUNTY  PURSUANT  TO  SUCH  SECTION  ONE
 HUNDRED  EIGHTY-THREE-A  OF THE JUDICIARY LAW ON MARCH THIRTY-FIRST, TWO
 
       S. 6255--D                         34                         A. 9055--D
 THOUSAND TWELVE, AND (B) THE SALARY PAID  TO  A  JUSTICE  OF  THE  STATE
 SUPREME  COURT OF THAT SAME COUNTY, ON APRIL FIRST, TWO THOUSAND TWELVE,
 PURSUANT TO CHAPTER FIVE HUNDRED SIXTY-SEVEN OF THE LAWS OF TWO THOUSAND
 TEN.
 

S  3.  This act shall take effect April 1, 2012 and shall expire March
 31, 2013 when upon such date the provisions of this act shall be  deemed
 repealed.
 PART X
 

Section  1. Paragraph (d) of subdivision 6 of section 186-f of the tax
 law, as amended by section 2 of part D of chapter  57  of  the  laws  of
 2011, is amended to read as follows:

 (d) The sum of [nine] SEVEN million dollars annually for the provision
 of grants [or reimbursements] to counties for costs related to the oper
 ation  and improvement of LOCAL public safety answering points. [Annual]
 SUCH ANNUAL grants  may  consider  prospective  or  retrospective  costs
 incurred to consolidate public safety answering points, to implement new
 technologies  in  LOCAL  public  safety answering points that facilitate
 interoperability and create operating efficiencies, OR  to  promote  the
 development  and implementation of cross-jurisdictional standard operat
 ing procedures that  foster  regional  consolidation.  THE  SUM  OF  TWO
 MILLION  DOLLARS ANNUALLY FOR THE PROVISION OF REIMBURSEMENT TO COUNTIES
 FOR OPERATING EXPENSES, OTHER THAN PERSONAL SERVICE, INCURRED DURING THE
 OPERATION OF LOCAL PUBLIC  SAFETY  ANSWERING  POINTS.  THE  COMMISSIONER
 SHALL  DEVELOP  A  PLAN  FOR  THE DISTRIBUTION OF SUCH REIMBURSEMENT, IN
 CONSULTATION WITH THE NEW YORK STATE INTEROPERABLE AND EMERGENCY  COMMU
 NICATION  BOARD.  THE  PLAN  FOR DISTRIBUTION MAY CONSIDER THE POTENTIAL
 RECIPIENT'S COMPLIANCE WITH THE STANDARDS OF SUCH BOARD AND  THE  POTEN
 TIAL RECIPIENT'S ROLE IN PROVIDING COMMUNICATION SERVICES TO THE BENEFIT
 OF OTHER MUNICIPALITIES.
 

S 2. This act shall take effect immediately; provided however that the
 amendments to paragraph (d) of subdivision 6 of section 186-f of the tax
 law  made  by section one of this act shall not affect the expiration of
 such paragraph and shall expire therewith.
 

S 2. Severability clause. If any clause, sentence, paragraph, subdivi
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
 

S  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through X of this act shall  be
 as specifically set forth in the last section of such Parts.

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