NY-EXC Executive Law NY

Contents

ARTICLE 1 Short Title

§ 1 — This chapter shall be known as the "Executive Law

This chapter shall be known as the "Executive Law."

ARTICLE 2 Governor

§ 2 — Office and residence of governor

Office and residence of governor. The office of the governor

shall be known as the executive chamber, and his residence, as the

executive mansion.

§ 3 — Acting governor

Acting governor. Every provision of law relating to the governor

shall extend to the lieutenant-governor, to the president of the senate,

and to the speaker of the assembly respectively, while acting as

governor in pursuance of law.

§ 4 — Secretary and counsel to the governor

Secretary and counsel to the governor. A secretary to the

governor shall be appointed by the governor, and shall receive a salary

to be fixed by the governor within the amount appropriated therefor. It

shall be the duty of such secretary to assist the governor in matters

pertaining to the executive department and perform such duties as the

governor may assign to him. The governor may also appoint and at

pleasure remove a counsel to the governor who shall receive a salary to

be fixed by the governor within the amount appropriated therefor. It

shall be the duty of such counsel to advise the governor in regard to

the constitutionality, consistency and legal effect of bills presented

to the governor for his approval and on matters involving the exercise

of executive clemency and such other legal matters as may be referred to

him by the governor.

§ 4-a — Chief diversity officer

Chief diversity officer. A chief diversity officer for the

state shall be appointed by the governor and shall receive a salary to

be fixed by the governor within the amount appropriated therefor. The

chief diversity officer's responsibilities shall include the following:

1. Advise and assist the governor in formulating policies relating to

workforce diversity and minority and women's business enterprises;

2. Work with the director of the division of minority and women's

business development to prepare an annual plan for ensuring full

compliance with article fifteen-a of the executive law by state agencies

and the use of diversity practices by such agencies;

3. Advise the governor and the agencies regarding any measures

necessary to ensure full compliance with article fifteen-a of this

chapter and use of diversity practices by state public authorities;

4. Serve as a member of the state procurement council established

under section one hundred sixty-one of the state finance law;

5. Serve as the governor's liaison with organizations representing

minority and women-owned business enterprises and other organizations

related to diversity in the state workforce and in state contracting;

6. Serve as the governor's liaison to the small business advisory

council for issues related to the creation of a diverse workforce and

state procurement practices relating to minority and women-owned

business enterprises;

7. Review and consult with the director of minority and women's

business development regarding policies relating to minority and

women-owned business enterprise contract specialists at state agencies;

and

8. Engage in other actions assigned to him or her by the governor

relating to diversity in hiring or promotion of the state workforce and

in encouraging diversity practices and compliance with article fifteen-a

of this chapter in procurement.

§ 4-b — Chief disability officer

Chief disability officer. 1. Persons with disabilities comprise

a major segment of the state of New York's population and their

particular needs and concerns must be considered as an integral part of

the planning and implementation of all state programs and services

affecting their lives and well-being. The office of the chief disability

officer shall advocate on behalf of persons with disabilities and ensure

that persons with disabilities are afforded the opportunity to exercise

all of the rights and responsibilities accorded to citizens of this

state.

2. For purposes of this article:

(a) "Persons with disabilities" shall mean any person who has a

disability as defined in subdivision twenty-one of section two hundred

ninety-two of this chapter.

(b) "State agency" or "state agencies" shall mean any state

department, board, bureau, division, commission, committee, public

authority, public corporation, council, office or other governmental

entity performing a governmental or proprietary function for the state,

except the judiciary or the state legislature.

3. (a) The governor shall appoint a chief disability officer. The

chief disability officer shall advise and assist state agencies in

developing policies designed to help meet the needs of persons with

disabilities. The chief disability officer shall be appointed by the

governor and receive a salary to be fixed by the governor within the

amounts appropriated therefor.

(b) The chief disability officer shall: (i) be the state's coordinator

for the implementation of the Americans with Disabilities Act; (ii)

coordinate state activities to ensure that state programs do not

discriminate against and are accessible to persons with disabilities;

(iii) ensure that such programs provide services to individuals with

disabilities in the most integrated setting appropriate to their needs;

and (iv) work with state agencies to develop legislation and potential

regulatory changes to help effectuate the duties and responsibilities

required in this article, and any other changes that may significantly

affect the lives of persons with disabilities in the state.

(c) The chief disability officer shall, to the extent practicable,

review and report to the governor upon proposed legislation and

regulations. The chief disability officer shall submit comments, where

appropriate, to the state agency which referred such proposed

legislation and regulations evaluating: (i) the impact of the proposed

legislation or regulation upon persons with disabilities; (ii) the

relationship and impact of such proposed legislation or regulation on

existing programs affecting persons with disabilities; and (iii) any

modifications that would help persons with disabilities or aid in the

implementation of the new proposal. All state agencies shall cooperate

with the chief disability officer to ensure that the chief disability

officer is able to fulfill the requirements under this section.

§ 5 — Executive records

Executive records. The governor shall cause to be kept in the

executive chamber or in the appropriate state office:

1. Journals of the daily transactions of his office.

2. Registers, containing classified statements of such transactions.

3. Separate registers containing classified statements of all

applications for pardon, commutation or other executive clemency, and of

his action thereon.

4. An account of his official expenses and disbursements, including

the incidental expenses of his department.

5. Files of all official records upon which applications for executive

clemency are founded; of statements made by judges to him; of sentences

to death and of the testimony in capital cases; and of such other papers

relating to the transactions of his office as are deemed by him of

sufficient value for preservation.

§ 6 — Examination and inspection by the governor

Examination and inspection by the governor. The governor is

authorized at any time, either in person or by one or more persons

appointed by him for the purpose, to examine and investigate the

management and affairs of any department, board, bureau or commission of

the state. The governor and the persons so appointed by him are

empowered to subpoena and enforce the attendance of witnesses, to

administer oaths and examine witnesses under oath and to require the

production of any books or papers deemed relevant or material. Whenever

any person so appointed shall not be regularly in the service of the

state his compensation for such services shall be fixed by the governor,

and said compensation and all necessary expenses of such examinations

and investigations shall be paid from the treasury out of any

appropriations made for the purpose upon the order of the governor and

the audit and warrant of the comptroller.

Notwithstanding any inconsistent provision of any general, special or

local law, charter, administrative code or other statute, service

rendered by a person appointed by the governor pursuant to this section

shall not constitute or be deemed state service or re-entry into state

service under the civil service law, the retirement and social security

law or under any charter, administrative code, or other general, special

or local law relating to a state or municipal retirement or pension

system so as to suspend, impair or otherwise affect or interfere with

the pension or retirement status, rights, privileges and benefits of

such person under any such system or to interfere with the right of such

person or his beneficiary to receive any pension or annuity benefits or

death benefits by reason of the selection of any option under any such

system.

§ 7 — Limited operation of holiday

Limited operation of holiday. The governor in issuing any

proclamation appointing any day as a holiday or as a day of thanksgiving

or fasting and prayer or other religious observance, under section

twenty-four of the general construction law is authorized, in his

discretion, to limit or restrict the effect and operation of such

proclamation to any city or county to be designated by him in such

proclamation.

§ 9 — Lease or loan of state property; temporary transfer of personnel

Lease or loan of state property; temporary transfer of personnel.

Notwithstanding any inconsistent provisions of law, general, special or

local

1. (a) The governor, from time to time, whenever he deems it to be in

the public interest, may authorize any department or agency of the state

to lease or lend to the army, navy or any branch of the armed forces of

the United States, any real or personal property of the state, on such

terms and conditions as he may deem necessary to promote the public

welfare and protect the interests of the state, making an adequate and

appropriate provision to reimburse the state for any cost of maintenance

and operation and for depreciation and waste. He may also authorize such

department or agency to lease or lend such property to any other agency

of the United States of America performing functions occasioned by the

war or defense effort, or to any other organization subsidized or

authorized directly or indirectly by the United States of America to

perform work or render services occasioned by the war or defense effort,

provided, however, that such lease or loan of property shall be on terms

and conditions which fully compensate the state for its loss or use of

such property. Such compensation shall, in addition to the cost of

maintenance and operation, include, but not be limited to, depreciation

and waste or debt service incidental thereto. Notwithstanding the

foregoing provisions, however, the division of military and naval

affairs of the executive department may be authorized pursuant to this

section to lease or lend armories or other real or personal property

under its jurisdiction to the army, navy or any other branch of the

armed forces of the United States of America for military purposes

without provision for reimbursement to the state for depreciation and

waste or debt service. Any renewal of an agreement or lease heretofore

made pursuant to the provisions of paragraph (a) of subdivision one of

section thirty-six of the New York state war emergency act or to the

provisions of chapter two hundred seventy-seven of the laws of nineteen

hundred forty-two prior to the repeal of such provisions shall be made

in compliance with this paragraph.

(b) The governor, from time to time, whenever he deems it to be in the

public interest, is hereby authorized to enter into a contract on behalf

of the state for the lease or loan, on such terms and conditions as he

may deem necessary to promote the public welfare and protect the

interests of the state, of any real or personal property of the state,

or the temporary transfer or employment of personnel of the state to any

municipal subdivision or other public corporation of the state.

2. (a) The chief executive of any such municipal subdivision or the

board, commission or other head of any other public corporation is

hereby authorized to enter into a contract and to execute any such lease

or to accept any such loan or to employ such personnel, and such

municipal subdivision or other public corporation is further authorized

to equip, maintain, utilize and operate any such property and to employ

necessary personnel therefor in accordance with the purposes for which

such contract is executed.

(b) The chief executive of any such municipal subdivision or the

board, commission or other head of such other public corporation is

empowered to do all things and perform any and all acts which he or it

may deem necessary to effectuate the purposes for which such contract

was entered into.

§ 11 — Indian settlement agreements

Indian settlement agreements. 1. Oneida settlement agreement.

Notwithstanding any other provision of law, upon filing with the

secretary of state, the settlement agreement executed between the

governor, the counties of Oneida and Madison, and the Oneida Nation of

New York dated the sixteenth day of May, two thousand thirteen, to be

known as the Oneida Settlement Agreement, including, without limitation,

the provisions contained therein relating to arbitration and judicial

review in state or federal courts and, for the sole purpose thereof, a

limited waiver of the state's Eleventh Amendment sovereign immunity from

suit, shall upon its effective date be deemed approved, ratified,

validated and confirmed by the legislature. It is the intention of the

legislature in enacting this section to ensure that the settlement

agreement shall be fully enforceable in all respects as to the rights,

benefits, responsibilities and privileges of all parties thereto.

§ 12 — Tribal-state compact

Tribal-state compact. (a) Notwithstanding any other law, the

state, through the governor, may execute a tribal-state compact with the

Seneca Nation of Indians pursuant to the Indian Gaming Regulatory Act of

1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168)

consistent with a memorandum of understanding between the governor and

the president of the Seneca Nation of Indians executed on June

twentieth, two thousand one and filed with the department of state on

June twenty-first, two thousand one. Such tribal-state compact shall be

deemed ratified by the legislature upon the governor's certification to

the temporary president of the senate, the speaker of the assembly, and

the secretary of state, that such compact, through its terms, by a

memorandum of understanding or other agreement between the state and

Nation, by a Nation's ordinance or resolution, by statute, by executive

order, or by the terms of any other agreement entered into by or on

behalf of the Nation, provides: (i) assurances that the Nation will

provide (1) reasonable access to the gaming and related facilities to

labor union organizers for purposes of a campaign to solicit employee

support for labor union representation; (2) permission for labor union

organizers to distribute labor union authorization cards on site for the

purpose of soliciting employee support for labor union representation;

and (3) recognition of labor unions as the exclusive collective

bargaining representatives of employees in appropriate bargaining units

based upon a demonstration of majority employee support of such labor

unions by union authorization card check as verified, if necessary, by

an independent arbitrator appointed by the Public Employment Relations

Board in consultation with the Nation and the labor union; (ii)

assurances that the Nation has an adequate civil recovery system which

guarantees fundamental due process to visitors and guests of the

facility and related facilities; and (iii) assurances that the Nation

will maintain during the term of the compact sufficient liability

insurance to assure that visitors and guests will be compensated for

their injuries.

(b) Notwithstanding any other law, the state, through the governor,

may execute tribal-state compacts pursuant to the Indian Gaming

Regulatory Act of 1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18

U.S.C. §§ 1166-1168) authorizing up to three Class III gaming facilities

in the counties of Sullivan and Ulster. Such tribal-state compact shall

be deemed ratified by the legislature upon the governor's certification

to the temporary president of the senate, the speaker of the assembly

and the secretary of state, that such compact, through its terms, by a

memorandum of understanding or other agreement between the state and

Nation, by a Nation's ordinance or resolution, by statute, by executive

order, or by the terms of any other agreement entered into by or on

behalf of the Nation, provides: (i) assurances that the Nation will

provide (1) reasonable access to the gaming and related facilities to

labor union organizers for purposes of a campaign to solicit employee

support for labor union representation; (2) permission for labor union

organizers to distribute labor union authorization cards on site for the

purpose of soliciting employee support for labor union representation;

(3) provision of employees' names and addresses to labor union

representatives and tribal/employer/management neutrality in labor union

organizing campaigns; (4) recognition of labor unions as the exclusive

collective bargaining representatives of employees in appropriate

bargaining units based upon a demonstration of majority employee support

of such labor unions by union authorization card check as verified, if

necessary, by an independent arbitrator appointed by the Public

Employment Relations Board in consultation with the Nation and the labor

union; and (5) final and binding arbitration of organized labor matters

or disputes including negotiations for collective bargaining agreements

with arbitrators' awards enforceable in a state or federal court of

competent jurisdiction; (ii) assurances that the Nation has an adequate

civil recovery system which guarantees fundamental due process to

visitors and guests of the facility and related facilities; and (iii)

assurances that the Nation will maintain during the term of the compact

sufficient liability insurance to assure that visitors and guests will

be compensated for their injuries.

(c) Except as otherwise specifically provided in the compact, the

state specifically reserves all its rights, as attributes of its

inherent sovereignty, recognized by the tenth and eleventh amendments to

the United States Constitution. Nothing in this section shall be

construed to affect the existing authority of the governor under the

constitution and laws of this state to execute tribal-state compacts.

ARTICLE 2-A Reprieves, Commutations and Pardons

§ 15 — Power of governor to grant reprieves, commutations and pardons

Power of governor to grant reprieves, commutations and pardons.

The governor has power to grant reprieves, commutations and pardons,

after conviction, for all offenses, except treason and cases of

impeachment, upon such conditions, and with such restrictions and

limitations, as he may think proper, subject to the regulations provided

in this article.

§ 16 — His power; in respect to convictions for treason; duty of the legislature, in such cases

His power; in respect to convictions for treason; duty of the

legislature, in such cases. He may also suspend the execution of the

sentence, upon a conviction for treason, until the case can be reported

to the legislature, at its next meeting, when the legislature must

either pardon or commute the sentence, direct the execution thereof, or

grant a further reprieve.

§ 17 — Governor to communicate annually to legislature, reprieves, commutations and pardons

Governor to communicate annually to legislature, reprieves,

commutations and pardons. He must annually communicate to the

legislature, each case of reprieve, commutation or pardon; stating the

name of the convict, the crime of which he was convicted, the sentence

and its date, and the date of the commutation, pardon or reprieve.

§ 18 — Conditional pardon; procedure on violation of

Conditional pardon; procedure on violation of. If any person who

has been discharged from imprisonment, by virtue of any parole,

conditional pardon, or conditional commutation of his sentence, shall

violate such condition or neglect to perform it, his parole, pardon or

commutation shall be void and he shall be remanded to the place of his

former imprisonment and there confined for the unexpired term for which

he had been sentenced. Determination of the violation of such parole,

pardon or commutation and reincarceration therefor shall be had in the

manner prescribed in the correction law.

§ 19 — Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of inno...

Setting aside judgment of conviction and dismissing indictment,

information or complaint in case of pardon of defendant on ground of

innocence. Upon motion duly made therefor, the judgment of conviction

must be set aside and the indictment, information or complaint dismissed

by the court in which the defendant was convicted, in a case where the

defendant shall receive a pardon from the governor stating that such

pardon is issued on the ground of innocence of the crime for which he

was convicted and further stating that such finding of innocence is

based upon evidence discovered after the judgment of conviction was

rendered and after the time within which to make a motion for a new

trial on newly discovered evidence had expired. Such setting aside of a

judgment of conviction and dismissal of an indictment, information or

complaint against a defendant shall place the defendant in the same

position as if the indictment, information or complaint had been

dismissed at the conclusion of the trial by the court because of the

failure to establish the defendant's guilt beyond a reasonable doubt.

ARTICLE 2-B State and Local Natural and Man-made Disaster Preparedness

§ 20 — Natural and man-made disasters; policy; definitions

Natural and man-made disasters; policy; definitions. 1. It shall

be the policy of the state that:

a. local government and emergency service organizations continue their

essential role as the first line of defense in times of disaster, and

that the state provide appropriate supportive services to the extent

necessary;

b. local chief executives take an active and personal role in the

development and implementation of disaster preparedness programs and be

vested with authority and responsibility in order to insure the success

of such programs;

c. state and local natural disaster and emergency response functions

be coordinated using recognized practices in incident management in

order to bring the fullest protection and benefit to the people;

d. state resources be organized and prepared for immediate effective

response to disasters which are beyond the capability of local

governments and emergency service organizations; and

e. state and local plans, organizational arrangements, and response

capability required to execute the provisions of this article shall at

all times be the most effective that current circumstances and existing

resources allow.

2. As used in this article the following terms shall have the

following meanings:

a. "disaster" means occurrence or imminent, impending or urgent threat

of wide spread or severe damage, injury, or loss of life or property

resulting from any natural or man-made causes, including, but not

limited to, fire, flood, earthquake, hurricane, tornado, high water,

landslide, mudslide, wind, storm, wave action, volcanic activity,

epidemic, disease outbreak, air contamination, terrorism, cyber event,

blight, drought, infestation, explosion, radiological accident, nuclear,

chemical, biological, or bacteriological release, water contamination,

bridge failure or bridge collapse.

b. "state disaster emergency" means a period beginning with a

declaration by the governor that a disaster exists and ending upon the

termination thereof.

c. "municipality" means a public corporation as defined in subdivision

one of section sixty-six of the general construction law and a special

district as defined in subdivision sixteen of section one hundred two of

the real property tax law.

d. "commission" means the disaster preparedness commission created

pursuant to section twenty-one of this article.

e. "emergency services organization" means a public or private agency,

voluntary organization or group organized and functioning for the

purpose of providing fire, medical, ambulance, rescue, housing, food or

other services directed toward relieving human suffering, injury or loss

of life or damage to property as a result of an emergency, including

non-profit and governmentally-supported organizations, but excluding

governmental agencies.

f. "chief executive" means:

(1) a county executive or manager of a county;

(2) in a county not having a county executive or manager, the chairman

or other presiding officer of the county legislative body;

(3) a mayor of a city or village, except where a city or village has a

manager, it shall mean such manager; and

(4) a supervisor of a town, except where a town has a manager, it

shall mean such manager.

g. "Disaster emergency response personnel" means agencies, public

officers, employees, or affiliated volunteers having duties and

responsibilities under or pursuant to a comprehensive emergency

management plan.

h. "Emergency management director" means the government official

responsible for emergency preparedness, response and recovery for a

county, city, town, or village.

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

significant 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

binding 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.

§ 21 — Disaster preparedness commission established; meetings; powers and duties

Disaster preparedness commission established; meetings; powers

and duties. 1. There is hereby created in the executive department a

disaster preparedness commission consisting of the commissioners of

transportation, health, division of criminal justice services,

education, economic development, agriculture and markets, housing and

community renewal, general services, labor, environmental conservation,

mental health, addiction services and supports, parks, recreation and

historic preservation, corrections and community supervision, children

and family services, homeland security and emergency services, and

people with developmental disabilities, the president of the New York

state energy research and development authority, the superintendents of

state police and financial services, the secretary of state, the state

fire administrator, the chair of the public service commission, the

adjutant general, the office of information technology services, and the

office of victim services, the chairs of the thruway authority, the

office for the aging, 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, the

chief professional officer of 2-1-1 New York state 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 homeland security and emergency services shall serve as

chair of the commission, 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 performance of their duties under this article but shall

receive no additional compensation for services rendered pursuant to

this article.

2. The commission, on call of the chairperson, shall meet at least

twice each year and at such other times as may be necessary. The agenda

and meeting place of all regular meetings shall be made available to the

public in advance of such meetings and all such meetings shall be open

to the public. The commission shall establish quorum requirements and

other rules and procedures regarding conduct of its meetings and other

affairs.

3. The commission shall have the following powers and

responsibilities:

a. study all aspects of man-made or natural disaster prevention,

response and recovery;

b. request and obtain from any state or local officer or agency any

information necessary to the commission for the exercise of its

responsibilities;

c. prepare and, as appropriate, revise a state comprehensive emergency

management plan. The commission shall report all revisions to such plan

by March thirty-first of each year to the governor, the legislature and

the chief judge of the state, unless a current version of the plan is

available to the public on the website of the division of homeland

security and emergency services. In preparing such plans, the commission

shall consult with federal and local officials, emergency service

organizations including both volunteer and commercial emergency response

organizations, and the public as it deems appropriate. To the extent

such plans impact upon administration of the civil and criminal justice

systems of the state, including their operational and fiscal needs in

times of disaster emergency, the commission, its staff and any working

group, task force, agency or other instrumentality to which it may

delegate responsibility to assist it in its duties shall consult with

the chief administrator of the courts and coordinate their preparation

with him or her or with his or her representatives;

d. prepare, keep current and distribute to chief executives and others

an inventory of programs directly relevant to prevention, minimization

of damage, readiness, operations during disasters, and recovery

following disasters;

e. direct state disaster operations and coordinate state disaster

operations with local disaster operations following the declaration of a

state disaster emergency;

f. (1) unless it deems it unnecessary, create, following the

declaration 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

temporary organization shall assume direction of such local disaster

operations, 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 temporary organization's direction of such local disaster operations

for additional periods not to exceed thirty days. In such event, such

temporary 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

president of the state civil service commission pursuant to section one

hundred sixty-three of the civil service law;

g. assist in the coordination of federal recovery efforts and

coordinate recovery assistance by state and private agencies;

h. provide for periodic briefings, drills, exercises or other means to

assure that all state personnel with direct responsibilities in the

event of a disaster are fully familiar with response and recovery plans

and the manner in which they shall carry out their responsibilities, and

coordinate with federal, local or other state personnel. Such activities

may take place on a regional or county basis, and local and federal

participation shall be invited and encouraged;

i. submit to the governor, the legislature and the chief judge of the

state by March thirty-first of each year an annual report which shall

include but need not be limited to:

(1) a summary of commission and state agency activities for the year

and plans for the ensuing year with respect to the duties and

responsibilities of the commission;

(2) recommendations on ways to improve state and local capability to

prevent, prepare for, respond to and recover from disasters;

(3) the status of the state and local plans for disaster preparedness

and response, including the name of any locality which has failed or

refused to develop and implement its own disaster preparedness plan and

program; and the extent to which all forms of local emergency response

assets have been included, and accounted for in planning and preparation

for disaster preparedness and response; and

j. develop public service announcements to be distributed to

television and radio stations and other media throughout the state

informing the public how to prepare and respond to disasters. Such

public service announcements shall be distributed in English and such

other languages as such commission deems appropriate.

4. All powers of the state civil defense commission are assigned to

the commission.

5. The state office of emergency management within the division of

homeland security and emergency services shall serve as the operational

arm of the commission and shall be responsible for implementing

provisions of this article and the rules and policies adopted by the

commission. The director of the state office of emergency management

within the division of homeland security and emergency services shall

exercise the authority given to the disaster preparedness commission 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

commission are incapacitated or without an available means of reliable

communication 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 homeland security and emergency services. Nothing in

this subdivision shall be construed to limit the authority of the

governor, lieutenant governor, 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 twenty-nine of this article.

§ 22 — State disaster preparedness plans

State disaster preparedness plans. 1. The commission shall

prepare a state disaster preparedness plan and submit such plan to the

governor for approval no later than one year following the effective

date of this act. The governor shall act upon such plan by July first of

that year. The commission shall review such plans annually.

2. The purpose of such plans shall be to minimize the effects of

disasters by: (i) identifying appropriate measures to prevent disasters,

(ii) developing mechanisms to coordinate the use of resources and

manpower for service during and after disaster emergencies and the

delivery of services to aid citizens and reduce human suffering

resulting from a disaster, and (iii) provide for recovery and

redevelopment after disaster emergencies.

3. Such plans shall be prepared with such assistance from other

agencies as the commission deems necessary, and shall include, but not

be limited to:

a. Disaster prevention and mitigation. Plans to prevent and minimize

the effects of disasters shall include, but not be limited to:

(1) identification of hazards and assessment of risk;

(2) recommended disaster prevention and mitigation projects, policies,

priorities and programs, with suggested implementation schedules, which

outline federal, state and local roles;

(3) suggested revisions and additions to building and safety codes,

and zoning and other land use programs;

(4) suggested ways in which state agencies can provide technical

assistance to municipalities in the development of local disaster

prevention and mitigation plans and programs;

(5) such other measures as reasonably can be taken to protect lives,

prevent disasters, and reduce the impact of disasters.

b. Disaster response. Plans to coordinate the use of resources and

manpower for service during and after disaster emergencies and to

deliver services to aid citizens and reduce human suffering resulting

from a disaster emergency shall include, but not be limited to:

(1) coordination of resources, manpower and services, using recognized

practices in incident management and utilizing existing organizations

and lines of authority and centralized direction of requests for

assistance;

(2) the location, procurement, construction, processing,

transportation, storing, maintenance, renovation, distribution, disposal

or use of materials, including those donated, and facilities and

services;

(3) a system for warning populations who are or may be endangered;

(4) arrangements for activating state, municipal and volunteer forces,

through normal chains of command so far as possible and for continued

communication and reporting;

(5) a specific plan for rapid and efficient communication, and for the

integration of state communication facilities during a state disaster

emergency, including the assignment of responsibilities and the

establishment of communication priorities, and liaison with municipal,

private and federal communication facilities;

(6) a plan for coordinated evacuation procedures, including the

establishment of temporary housing and other necessary facilities;

(7) criteria for establishing priorities with respect to the

restoration of vital services and debris removal;

(8) plans for the continued effective operation of the civil and

criminal justice systems;

(9) provisions for training state and local government personnel and

volunteers in disaster response operations;

(10) providing information to the public, including coordination with

any state recognized information and referral services;

(11) care for the injured and needy and identification and disposition

of the dead;

(12) utilization and coordination of programs to assist victims of

disasters, with particular attention to the needs of the poor, the

elderly, individuals with disabilities and other groups which may be

especially affected;

(13) control of ingress and egress to and from a disaster area,

including but not limited to, exempting from travel bans those essential

private and public personnel, as determined by the commission, who are

summoned by their employers to assist in emergency services, such as

utility and other workers who need to reach declared emergency areas in

order to perform tasks related to the restoration and/or maintenance of

energy and communications infrastructure;

(14) a plan for the delivery of medical supplies and medications to

pharmacies, hospitals and nursing homes located within the area declared

to be experiencing a disaster emergency.

(15) arrangements to administer federal disaster assistance;

(16) a system for obtaining and coordinating situational awareness

including the centralized assessment of disaster effects and resultant

needs; and

(17) utilization and coordination of programs to assist individuals

with household pets and service animals following a disaster, with

particular attention to means of evacuation, shelter and transportation

options.

c. Recovery. Plans to provide for recovery and redevelopment after

disaster emergencies shall include, but not be limited to:

(1) measures to coordinate state agency assistance in recovery

efforts;

(2) arrangements to administer federal recovery assistance; and

(3) such other measures as reasonably can be taken to assist in the

development and implementation of local disaster recovery plans.

§ 23 — Local comprehensive emergency management plans

Local comprehensive emergency management plans. 1. Each county,

except those contained within the city of New York, and each city with a

population of one million or more, shall prepare a comprehensive

emergency management plan. Each city with a population of less than one

million, town and village is authorized to prepare a comprehensive

emergency management plan. The disaster preparedness commission shall

provide assistance and advice for the development of such plans. Each

city with a population of less than one million, town and village plan

shall be coordinated with the county plan.

2. The purpose of such plans shall be to minimize the effect of

disasters by (i) identifying appropriate local measures to prevent

disasters, (ii) developing mechanisms to coordinate the use of local

resources and manpower for service during and after disasters and the

delivery of services to aid citizens and reduce human suffering

resulting from a disaster, and (iii) providing for recovery and

redevelopment after disasters.

3. Plans for coordination of resources, manpower and services shall

provide for a centralized coordination and direction of requests for

assistance.

4. Plans for coordination of assistance shall provide for utilization

of existing organizations and lines of authority.

5. In preparing such plans, cooperation, advice and assistance shall

be sought from local government officials, regional and local planning

agencies, police agencies, fire departments and fire companies, local

emergency management agencies, commercial and volunteer ambulance

services, health and social services officials, community action

agencies, the chief administrator of the courts, organizations for the

elderly and the handicapped, agencies and organizations that provide

home health care services, agencies and organizations that provide

hospice services, other interested groups and the general public. Such

advice and assistance may be obtained through public hearings held on

public notice, or through other appropriate and practical methods,

through which such aforementioned groups may offer their input for

consideration on issues that support the effective preparation and

execution of the plan. In addition, in the case of home care and

hospice, such input may address procedures by which such providers may

be granted essential access to care for such patients during an

emergency.

6. All plans for comprehensive emergency management developed by local

governments or any revisions thereto shall be submitted to the

commission by December thirty-first of each year to facilitate state

coordination of disaster operations.

7. Such plans shall include, but not be limited to:

a. Disaster prevention and mitigation. Plans to prevent and minimize

the effects of disasters shall include, but not be limited to:

(1) identification of hazards and assessment of risk;

(2) recommended disaster prevention and mitigation projects, policies,

priorities and programs, with suggested implementation schedules, which

outline federal, state and local roles;

(3) suggested revisions and additions to building and safety codes and

zoning and other land use programs;

(4) such other measures as reasonably can be taken to protect lives,

prevent disasters, and reduce their impact.

b. Disaster response. Plans to coordinate the use of resources and

manpower for service during and after disasters and to deliver services

to aid citizens and reduce human suffering resulting from a disaster

shall include, but not be limited to:

(1) coordination of resources, manpower and services, using recognized

practices in incident management, utilizing existing organizations and

lines of authority and centralized direction of requests for assistance;

(2) the location, procurement, construction, processing,

transportation, storing, maintenance, renovation, distribution, disposal

or use of materials, including those donated, and facilities and

services which may be required in time of disaster;

(3) a system for warning populations who are or may be endangered;

(4) arrangements for activating municipal and volunteer forces,

through normal chains of command so far as possible, and for continued

communication and reporting;

(5) a specific plan for rapid and efficient communication and for the

integration of local communication facilities during a disaster

including the assignment of responsibilities and the establishment of

communication priorities and liaison with municipal, private, state and

federal communication facilities;

(6) a plan for coordination evacuation procedures including the

establishment of temporary housing and other necessary facilities;

(7) criteria for establishing priorities with respect to the

restoration of vital services and debris removal;

(8) plans for the continued effective operation of the civil and

criminal justice systems;

(9) provisions for training local government personnel and volunteers

in disaster response operations;

(10) providing information to the public;

(11) care for the injured and needy and identification and disposition

of the dead;

(12) utilization and coordination of programs to assist victims of

disasters, with particular attention to the needs of the poor, the

elderly, individuals with disabilities and other groups which may be

especially affected;

(13) control of ingress and egress to and from a disaster area,

including but not limited to, exempting from travel bans those essential

private and public personnel, as determined by the commission, who are

summoned by their employers to assist in emergency services, such as

utility and other workers who need to reach declared emergency areas in

order to perform tasks related to the restoration and/or maintenance of

energy and communications infrastructure;

(14) arrangements to administer state and federal disaster assistance;

(15) procedures under which the county, city, town, village or other

political subdivision and emergency organization personnel and resources

will be used in the event of a disaster;

(16) a system for obtaining and coordinating disaster information

including the centralized assessment of local disaster effects and

resultant needs;

(17) continued operation of governments of political subdivisions; and

(18) utilization and coordination of programs to assist individuals

with household pets and service animals following a disaster, with

particular attention to means of evacuation, shelter and transportation

options.

c. Recovery. Local plans to provide for recovery and redevelopment

after disasters shall include, but not be limited to:

(1) recommendations for replacement, reconstruction, removal or

relocation of damaged or destroyed public or private facilities,

proposed new or amendments to zoning, subdivision, building, sanitary or

fire prevention regulations and recommendations for economic development

and community development in order to minimize the impact of any

potential future disasters on the community.

(2) provision for cooperation with state and federal agencies in

recovery efforts.

(3) provisions for training and educating local disaster officials or

organizations in the preparation of applications for federal and state

disaster recovery assistance.

§ 23-a — County registry of disabled persons; notice

County registry of disabled persons; notice. 1. In each

county having a local disaster preparedness plan pursuant to section

twenty-three of this article, in order to meet the special needs of

persons who would need assistance during evacuations and sheltering

because of physical or mental handicaps, it is recommended that each

chief executive maintain a registry of disabled persons located within

the county. The registration shall identify those persons in need of

assistance and plan for resource allocation to meet those identified

needs. To assist the chief executive in identifying such persons, the

county department of health, or such other county department or agency

as designated by the chief executive, shall provide voluntary

registration information to all of its special needs clients and to all

incoming clients as part of the intake process. The registry shall be

updated annually. The registration program shall give disabled persons

the option of pre-authorizing emergency response personnel to enter

their homes during search and rescue operations if necessary to assure

their safety and welfare during disasters.

2. Upon the establishment of a voluntary registry of disabled persons

as provided in subdivision one of this section, the chief executive

shall make such registry available to the appropriate county, state and

federal agencies for their use in delivering services in the event of a

local or state disaster. The chief executive shall, upon the request of

the state emergency management office, provide such registry information

to such office. The chief executive may, at his discretion, use the

registry information for local disaster preparedness only in

coordination with other political subdivisions of the state.

3. Upon the establishment of a voluntary registry of disabled persons

as provided in subdivision one of this section, at least semi-annually,

each chief executive shall cause to be published in a newspaper of

general circulation within the county a notice of the availability of

the voluntary registration program.

4. All records, data, information, correspondence and communications

relating to the registration of disabled persons as provided in

subdivision one of this section are confidential, except that such

information shall be available to other county chief executives for

local disaster preparedness only as the chief executive of the county

maintaining such registry deems necessary. Provided, however, the

individual file of a person having registered with the registry of

disabled persons shall be made available to that person upon request.

5. All community-based services providers, including home health care

providers, shall assist the chief executive by collecting registration

information for people with special needs as part of program intake

processes, establishing programs to increase the awareness of the

registration process, and educating clients about the procedures that

may be necessary for their safety during disasters.

6. A county shall not be liable for any claim based upon the good

faith exercise or performance or the good faith failure to exercise or

perform a function or duty on the part of any officer or employee in

carrying out a local disaster preparedness plan.

§ 23-b — Nursing home and assisted living facility plans

Nursing home and assisted living facility plans. 1. After

consultation with the commissioner of health, the director of the office

for the aging, and the director of the state office of homeland

security, the commission shall establish standards for nursing homes,

adult homes, enriched housing programs and assisted living residences

regarding disaster preparedness.

2. Each such facility shall be assisted in the establishment of a

disaster preparedness plan. The plan shall include, but not be limited

to, the following:

(a) Maintaining a supply of food, water and to the extent deemed

necessary and feasible in the reasonable judgment of the operator of the

facility, medication in reserve in the event that obtaining such items

should become difficult or impossible.

(b) In the reasonable judgment of the facility, having access to a

generator or generators sufficient to supply electrical power to the

facility.

(c) Establishing an evacuation plan for residents including an

alternative site suitable for temporary use.

(d) Establishing staffing plans during a disaster.

3. Such plans shall be made available to the county emergency

management office.

4. Nothing in this section shall be deemed to modify or override any

requirements in regulations duly promulgated by a state agency, or to

limit any lawful authority of a state agency to promulgate regulations,

with respect to disaster preparedness of such facilities, the contents

of their disaster preparedness plans or the process for approval of

those plans.

§ 23-c — Consistency among local disaster preparedness plans

Consistency among local disaster preparedness plans. 1. The

local disaster preparedness plans for each county, city, town, or

village shall be so developed that no part of the local disaster

preparedness plan of any county or any city, town, or village within

such county conflicts with any part of the local disaster preparedness

plan of any of the other said entities within such county or such county

itself. In the event of any such conflict, such conflict shall be

resolved by such county. The provisions of this subdivision shall not

apply to a city wholly containing more than one county or to any county

wholly contained within any such city.

2. In the event that any part of the local disaster preparedness plan

of any county or any city, town, or village within such county conflicts

with any part of the local disaster preparedness plan of any other

county or any city, town, or village within any such other county, such

conflict shall be resolved by the state emergency management office, as

defined in paragraph (e) of subdivision one of section twenty-nine-e of

this article. The provisions of this subdivision shall not apply to any

county wholly contained within a city wholly containing more than one

county. Any city wholly containing more than one county shall be subject

to the provisions of this subdivision as if it were a county.

3. Said state emergency management office is hereby authorized and

directed to promulgate any rules or regulations or take any other

measures necessary to effectuate the provisions of this section.

§ 24 — Local state of emergency; local emergency orders by chief executive

Local state of emergency; local emergency orders by chief

executive. 1. 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 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 executive, 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:

a. the establishment of a curfew and the prohibition and control of

pedestrian and vehicular traffic, except essential emergency vehicles

and personnel;

b. the designation of specific zones within which the occupancy and

use of buildings and the ingress and egress of vehicles and persons may

be prohibited or regulated;

c. the regulation and closing of places of amusement and assembly;

d. the suspension or limitation of the sale, dispensing, use or

transportation of alcoholic beverages, firearms, explosives, and

flammable materials and liquids;

e. the prohibition and control of the presence of persons on public

streets and places;

f. the establishment or designation of emergency shelters, emergency

medical shelters, and in consultation with the state commissioner of

health, community based care centers;

g. the suspension within any part or all of its territorial limits of

any of its local laws, ordinances or regulations, or parts thereof

subject to federal and state constitutional, statutory and regulatory

limitations, which may prevent, hinder, or delay necessary action in

coping with a disaster or recovery therefrom whenever (1) a request has

been made pursuant to subdivision seven of this section, or (2) whenever

the governor has declared a state disaster emergency pursuant to section

twenty-eight of this article. Suspension of any local law, ordinance or

regulation pursuant to this paragraph shall be subject to the following

standards and limits:

(i) no suspension shall be made for a period in excess of five days,

provided, however, that upon reconsideration of all the relevant facts

and circumstances, a suspension may be extended for additional periods

not to exceed five days each during the pendency of the state of

emergency;

(ii) no suspension shall be made which does not safeguard the health

and welfare of the public and which is not reasonably necessary to the

disaster effort;

(iii) any such suspension order shall specify the local law, ordinance

or regulation, or part thereof suspended and the terms and conditions of

the suspension;

(iv) the order may provide for such suspension only under particular

circumstances, and may provide for the alteration or modification of the

requirements of such local law, ordinance or regulation suspended, and

may include other terms and conditions;

(v) any such suspension order shall provide for the minimum deviation

from the requirements of the local law, ordinance or regulation

suspended consistent with the disaster action deemed necessary; and

(vi) when practicable, specialists shall be assigned to assist with

the related emergency actions to avoid adverse effects resulting from

such suspension.

2. A local emergency order shall be effective from the time and in the

manner prescribed in the order and shall be published as soon as

practicable in a newspaper of general circulation in the area affected

by such order and transmitted to the radio and television media for

publication and broadcast. Such orders may be amended, modified and

rescinded by the chief executive during the pendency or existence of the

state of emergency. Such orders shall cease to be in effect five days

after promulgation or upon declaration by the chief executive that the

state of emergency no longer exists, whichever occurs sooner. The chief

executive nevertheless, may extend such orders for additional periods

not to exceed five days each during the pendency of the local state of

emergency.

3. The proclamation of a local state of emergency and local emergency

orders of a chief executive of a county shall be executed in

quadruplicate and shall be filed within seventy-two hours or as soon

thereafter as practicable in the office of the clerk of the governing

board of the county, the office of the county clerk, 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 emergency orders of

a chief executive of a city, town or village shall be executed in

quadruplicate and shall be filed within seventy-two hours or as soon

thereafter as practicable in the office of the clerk of such municipal

corporation, the office of the county clerk, the office of the secretary

of state and the state office of emergency management within the

division of homeland security and emergency services.

4. Nothing in this section shall be deemed to limit the power of any

local government to confer upon its chief executive any additional

duties or responsibilities deemed appropriate.

5. Any person who knowingly violates any local emergency order of a

chief executive promulgated pursuant to this section is guilty of a

class B misdemeanor.

6. Whenever a local state of emergency is declared by the chief

executive of a local government pursuant to this section, the chief

executive of the county in which such local state of emergency is

declared, or where a county is wholly contained within a city, the mayor

of such city, may request the governor to remove all or any number of

sentenced incarcerated individuals from institutions maintained by such

county in accordance with section ninety-three of the correction law.

7. Whenever a local state of emergency has been declared pursuant to

this section, the chief executive of the county in which the local state

of emergency has been declared, or where a county is wholly contained

within a city, the chief executive of the city, may request the governor

to provide assistance under this chapter, provided that such chief

executive determines that the disaster is beyond the capacity of local

government to meet adequately and state assistance is necessary to

supplement local efforts to save lives and to protect property, public

health and safety, or to avert or lessen the threat of a disaster.

8. The legislature may terminate by concurrent resolution, such

emergency orders at any time.

9. a. Whenever a local state of emergency is declared pursuant to this

section and upon receipt of notification by an electric corporation or

the service provider, pursuant to section seventy-three-a of the public

service law or section one thousand twenty-mm of the public authorities

law, the chief executive shall coordinate with affected police

departments, fire departments, ambulance services and advanced life

support first response services prewired with an appropriate transfer

switch for using an alternate generated power source for the emergency

deployment of alternate generated power sources.

b. For the purposes of this section, "alternate generated power

source" shall mean electric generating equipment that is of the capacity

that is capable of providing adequate electricity to operate all life

safety systems and the basic operations of a police department, fire

department, ambulance service or advanced life support first response

service.

§ 25 — Use of local government resources in a disaster

Use of local government resources in a disaster. 1. Upon the

threat or occurrence of a disaster, the chief executive of any political

subdivision is hereby authorized and empowered to and shall use any and

all facilities, equipment, supplies, personnel and other resources of

his political subdivision in such manner as may be necessary or

appropriate to cope with the disaster or any emergency resulting

therefrom.

2. Upon the threat or occurrence of a disaster, a chief executive may

request and accept assistance which is coordinated and directed by the

county chief executive as provided in section twenty-six of this

article.

3. A chief executive may also request and accept assistance from any

other political subdivision and may receive therefrom and utilize any

real or personal property or the service of any personnel thereof on

such terms and conditions as may be mutually agreed to by the chief

executives of the requesting and assisting political subdivisions.

4. Upon the receipt of a request for assistance made pursuant to

subdivision two or three of this section, the chief executive of any

political subdivision may give, lend or lease, on such terms and

conditions as he may deem necessary to promote the public welfare and

protect the interests of such political subdivision, any services,

equipment, facilities, supplies or other resources of his political

subdivision. Any lease or loan of real or personal property pursuant to

this subdivision, or any transfer of personnel pursuant hereto, shall be

only for the purpose of assisting a political subdivision in emergency

relief, reconstruction, or rehabilitation made necessary by the

disaster.

5. A political subdivision shall not be liable for any claim based

upon the exercise or performance or the failure to exercise or perform a

discretionary function or duty on the part of any officer or employee in

carrying out the provisions of this section.

6. The chief executive, when requesting assistance pursuant to this

section may request assistance from the civil defense and disaster

preparedness forces of any other political subdivision, but only if the

civil defense and disaster preparedness forces of the type being

requested have already been activated within the political subdivisions

requesting assistance. The chief executive of any political subdivision

receiving such a request is hereby authorized and empowered, subject to

the provisions of section twenty-six of this article, to respond

thereto.

7. Any power or authority conferred upon any political subdivision by

this section shall be in addition to and not in substitution for or

limitation of any powers or authority otherwise vested in such

subdivision or any officer thereof.

§ 26 — Coordination of local disaster preparedness forces and local civil defense forces in disasters

Coordination of local disaster preparedness forces and local

civil defense forces in disasters. 1. Upon the threat or occurrence of a

disaster, the chief executive of a county may coordinate responses for

requests for assistance made by the chief executive of any political

subdivision within the county.

2. Coordination of assistance shall utilize existing organizations and

lines of authority and shall utilize any comprehensive emergency

management plans prepared by the affected municipality.

3. A chief executive or any elected or appointed county, city, town or

village official shall not be held responsible for acts or omissions of

municipal employees, disaster preparedness forces or civil defense

forces when performing disaster assistance pursuant to a declared

disaster emergency or when exercising comprehensive emergency management

plans.

§ 27 — Continuity of local governments

Continuity of local governments. 1. Every county, except those

wholly contained within a city, every city, every town and every village

shall have power to provide by local law, and every other public

corporation, district corporation or public benefit corporation shall

have power to provide by resolution, for its continuity and that of its

elective and appointive officers, including members of its legislative

or governing body when, in the event of a disaster and the emergency

conditions caused thereby, any of such officers is unable to discharge

the powers and duties of his office or is absent from the political

subdivision. In any such local law or resolution, provision may be made

that the removal of a disability or the termination of an absence from

the political subdivision of an officer higher on a list or order of

succession provided therein to an office shall not terminate the service

in such office of an individual lower on such list or order of

succession who is temporarily filling such office. Notwithstanding the

provisions of any general or special law or city or village charter, a

local law or resolution adopted pursuant to this section may be made

effective without approval at a mandatory or permissive referendum but

in no case shall such local law or resolution become effective until one

certified copy thereof has been filed with the clerk of the political

subdivision or other appropriate official designated for such purpose by

the respective legislative or governing body, one certified copy thereof

has been filed in the office of the state comptroller and three

certified copies thereof have been filed in the office of the secretary

of state.

No provision of this subdivision shall be construed or interpreted as

affecting the validity of any ordinance, local law or resolution enacted

prior to April first, nineteen hundred seventy-nine or actions taken

thereunder by the government of any county, city, town or village.

2. The provisions of this section shall not be applicable in any case

where the continuity of the government of a political subdivision or

that of any of its elective or appointive officers is otherwise provided

for by or pursuant to law.

3. This section shall be construed liberally. The powers herein

granted shall be in addition to and not in substitution of any power

granted, procedure provided or provision made in any other law.

§ 28 — State declaration of disaster emergency

State declaration of disaster emergency. 1. Whenever the

governor, on his own initiative or pursuant to a request from one or

more chief executives, finds that a disaster has occurred or may be

imminent for which local governments are unable to respond adequately,

he shall declare a disaster emergency by executive order.

2. Upon declaration of a disaster arising from a radiological

accident, the governor or his designee, shall direct one or more chief

executives and emergency services organizations to:

(a) notify the public that an emergency exists; and

(b) take appropriate protective actions pursuant to the radiological

emergency preparedness plan approved pursuant to sections twenty-two and

twenty-three of this article. The governor, or his designee, shall also

have authority to direct that other actions be taken by such chief

executives pursuant to their authority under section twenty-four of this

article.

3. The executive order shall include a description of the disaster,

and the affected area. Such order or orders shall remain in effect for a

period not to exceed six months or until rescinded by the governor,

whichever occurs first. The governor may issue additional orders to

extend the state disaster emergency for additional periods not to exceed

six months.

4. Whenever the governor shall find that a disaster is of such

severity and magnitude that effective response is beyond the

capabilities of the state and the affected jurisdictions, he shall make

an appropriate request for federal assistance available under federal

law, and may make available out of any funds provided under the

governmental emergency fund or such other funds as may be available,

sufficient funds to provide the required state share of grants made

under any federal program for meeting disaster related expenses

including those available to individuals and families.

5. The legislature may terminate at any time a state disaster

emergency issued under this section by concurrent resolution.

§ 28-a — Post disaster recovery planning

Post disaster recovery planning. 1. Whenever a state disaster

emergency has been declared any county, city, town or village included

in such disaster area shall prepare a local recovery and redevelopment

plan, unless the legislative body of the municipality shall determine

such plan to be unnecessary or impractical. Prior to making such

determination, the municipality shall notify the commission of its

intent to forego preparation and provide an opportunity to comment to

the commission. Within fifteen days after the declaration of a state

disaster, any county, city, town or village included in such disaster

area shall report to the commission whether the preparation of a

recovery and redevelopment plan has been commenced, and if not, the

reasons for not preparing such plan. Within sixty days after the

declaration of a state disaster, the commission shall report to the

governor and the legislature the status of local recovery and

redevelopment plans, including the name of any municipality which has

failed or refused to commence the development of a recovery and

redevelopment plan.

2. The commission shall provide technical assistance in the

development of such plans upon the request of such county, city, town or

village.

3. A local recovery and redevelopment plan shall include, but need not

be limited to: plans for replacement, reconstruction, removal or

relocation of damaged or destroyed facilities; proposed new or amended

regulations such as zoning, subdivision, building or sanitary ordinances

and codes; and plans for economic recovery and community development.

Such plans shall take into account and to the extent practicable

incorporate relevant existing plans and policies and such plans shall

take into account the need to minimize the potential impact of any

future disasters on the community.

4. Proposed plans shall be presented at a public hearing upon five

days notice published in a newspaper of general circulation in the area

affected and transmitted to the radio and television media for

publication and broadcast. Such notice shall state the time and place of

the hearing and indicate where copies of the proposed plan may be

inspected or obtained. Any county, city, town, or village preparing a

recovery and redevelopment plan pursuant to this subdivision may, upon

mutual agreement with any other such county, city, town or village, hold

a joint hearing to consider such recovery and redevelopment plan.

5. Such plans shall be prepared within forty-five days after the

declaration of a state disaster and shall be transmitted to the

commission. The commission shall provide its comments on the plan

within ten days after receiving such plan.

6. A plan shall be adopted by such county, city, town or village

within ten days after receiving the comments of the commission. The

adopted plan may be amended at any time in the same manner as originally

prepared, revised and adopted.

7. The adopted plan shall be the official policy for recovery and

redevelopment within the municipality.

8. Nothing in this section shall preclude any municipality from

applying for or accepting and receiving any federal funds.

§ 29 — Direction of state agency assistance in a disaster emergency

Direction of state agency assistance in a disaster emergency.

Upon the declaration of a state disaster emergency the governor may

direct any and all agencies of the state government to provide

assistance under the coordination of the disaster preparedness

commission. Such state assistance may include: (1) utilizing, lending,

or giving to political subdivisions, with or without compensation

therefor, equipment, supplies, facilities, services of state personnel,

and other resources, other than the extension of credit; (2)

distributing medicine, medical supplies, food and other consumable

supplies through any public or private agency authorized to distribute

the same; (3) performing on public or private lands temporary emergency

work essential for the protection of public health and safety, clearing

debris and wreckage, making emergency repairs to and temporary

replacements of public facilities of political subdivisions damaged or

destroyed as a result of such disaster; and (4) making such other use of

their facilities, equipment, supplies and personnel as may be necessary

to assist in coping with the disaster or any emergency resulting

therefrom.

§ 29-a — Suspension of other laws

Suspension of other laws. 1. Subject to the state

constitution, the federal constitution and federal statutes and

regulations, 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.

2. Suspensions pursuant to subdivision one of this section shall be

subject to the following standards and limits:

a. no suspension shall be made for a period in excess of thirty days,

provided, however, that upon reconsideration of all of the relevant

facts and circumstances, the governor may extend the suspension for

additional periods not to exceed thirty days each;

b. no suspension shall be made which does not safeguard the health and

welfare of the public and which is not reasonably necessary to the

disaster effort;

c. any such suspension order shall specify the statute, local law,

ordinance, order, rule or regulation or part thereof to be suspended and

the terms and conditions of the suspension;

d. the order may provide for such suspension only under particular

circumstances, and may provide for the alteration or modification of the

requirements of such statute, local law, ordinance, order, rule or

regulation suspended, and may include other terms and conditions;

e. any such suspension order shall provide for the minimum deviation

from the requirements of the statute, local law, ordinance, order, rule

or regulation suspended consistent with the disaster action deemed

necessary; and

f. when practicable, specialists shall be assigned to assist with the

related emergency actions to avoid needless adverse effects resulting

from such suspension.

3. Such suspensions shall be effective from the time and in the manner

prescribed in such orders and shall be published as soon as practicable

in the state bulletin.

4. The legislature may terminate by concurrent resolution executive

orders issued under this section at any time.

§ 29-b — Use of disaster emergency response personnel in disasters

Use of disaster emergency response personnel in disasters. 1.

State use of disaster emergency response personnel and non-state

resource providers. a. The governor may, in their discretion, direct the

state disaster preparedness commission to conduct an emergency exercise

or drill, under its direction, in which all or any of the personnel and

resources of the agencies of the commission of the state may be utilized

to perform the duties assigned to them in a disaster, for the purpose of

protecting and preserving human life or property in a disaster. During a

disaster or such drill or exercise, disaster emergency response

personnel in the state shall operate under the direction and command of

the chair of such commission, and shall possess the same powers, duties,

rights, privileges and immunities as are applicable in a civil defense

drill held at the direction of the state civil defense commission under

the provisions of the New York state defense emergency act.

b. The governor may deploy non-state resource providers to another

compact member jurisdiction under any compact in this article. When

authorized to provide assistance and deployed by the legally designated

state official or officials, non-state resource providers shall be

deemed agents of the state for purposes of the deployment and shall be

entitled to the rights and benefits provided to state resource providers

by the compact, subject to any terms and conditions of the requesting

state. Non-state resource providers shall not offer assistance to, or

request assistance from, another compact member jurisdiction. The

division of homeland security and emergency services shall serve as the

coordinator for offers and requests for assistance and facilitator of

the reimbursement of non-state resource providers by the requesting

state. The division of homeland security and emergency services shall

not be responsible for reimbursement until the division receives payment

from the requesting compact member jurisdiction.

2. Local use of disaster emergency response personnel. a. Upon the

threat or occurrence of a disaster, and during and immediately following

the same, and except as otherwise provided in paragraph d of this

subdivision, the county chief executive may direct the emergency

management director of a county to assist in the protection and

preservation of human life or property by calling upon disaster

emergency response personnel employed by or supporting that county, as

specified in the county comprehensive emergency management plan, to

perform the emergency response duties assigned to them.

b. The disaster emergency response personnel of the county shall be

regarded as a reserve disaster force to be activated, in whole or in

part, by the county emergency management director upon the direction of

the county chief executive when the county chief executive, in his or

her discretion, is convinced that the personnel and resources of local

municipal and private agencies normally available for disaster

assistance are insufficient adequately to cope with the disaster.

c. Except as provided in paragraph d of this subdivision, the county

chief executive may exercise the power conferred upon him in paragraph a

of this subdivision, or may deactivate the disaster emergency response

personnel of the county in whole or in part, on his own motion or upon

the request of the chief executive officer of a village, town or city

located within the county of which he is an officer.

d. Where the local office of public safety or emergency management in

a city is independent of the county office of public safety or emergency

management and is not consolidated therewith, the county chief executive

may direct the emergency management director of the county to render

assistance within such city only when the chief executive officer of

such city has certified to him that the disaster emergency response

personnel of the city have been activated pursuant to the provisions of

subdivision three of this section and that all resources available

locally are insufficient adequately to cope with the disaster.

e. When performing disaster assistance pursuant to this section,

county disaster emergency response personnel shall operate under the

direction and command of the county emergency management director and

his or her duly authorized deputies, and shall possess the same powers,

duties, rights, privileges and immunities they would possess when

performing their duties in a locally sponsored civil defense drill or

training exercise in the civil or political subdivision in which they

are enrolled, employed or assigned emergency response responsibilities.

f. The chief executive officer of a city shall be responsible for the

conduct of disaster operations within the city, including the operations

directed by the county emergency management director when rendering

disaster assistance within a city pursuant to this section.

g. Outside of a city, the sheriff of the county, and in Nassau county

the commissioner of police of the county of Nassau, shall supervise the

operations of the emergency management director when rendering peace

officer duties incident to disaster assistance. The sheriff and such

commissioner may delegate such supervisory power to an elected or

appointed town or village official in the area affected.

h. Neither the chief executive officer of a city, nor the county chief

executive, nor any elected or appointed town or village official to whom

the county chief executive has delegated supervisory power as aforesaid

shall be held responsible for acts or omissions of disaster emergency

response personnel when performing disaster assistance.

3. City use of disaster emergency response personnel. a. Upon the

threat or occurrence of a disaster, and during and immediately following

the same, and except as otherwise provided in paragraph d of this

subdivision, the chief executive of a city may direct the emergency

management director of the city to assist in the protection and

preservation of human life or property by calling upon city disaster

emergency response personnel to perform the emergency response duties

assigned to them.

b. The disaster emergency response personnel of the city shall be

regarded as a reserve disaster force to be activated, in whole or in

part, by the city emergency management director upon the direction of

the chief executive officer of the city when the latter, in his or her

discretion, is convinced that the personnel and resources of local

municipal and private agencies normally available for disaster

assistance are insufficient adequately to cope with the disaster.

c. Except as provided in paragraph d of this subdivision, the chief

executive officer of a city may exercise the power conferred upon him in

paragraph a of this subdivision, or may deactivate the disaster

emergency response personnel of the city in whole or in part, on his own

motion or upon the request of the head of the city police force.

d. Where the local office of emergency management in a city is under

the jurisdiction of a consolidated county office of civil defense as

provided in the New York state defense emergency act, the chief

executive officer of such city seeking the assistance of disaster

emergency response personnel in the protection and preservation of human

life or property within such city because of such disaster, must request

the same from the county chief executive in which such city is located,

in the same manner as provided for assistance to towns and villages in

subdivision two of this section.

e. When performing disaster assistance pursuant to this subdivision,

disaster emergency response personnel shall operate under the direction

and command of the city emergency management director and his or her

duly authorized deputies, and shall possess the same powers, duties,

rights, privileges, and immunities they would possess when performing

their duties in a locally sponsored civil defense drill or training

exercise in the city in which they are enrolled, employed or assigned

emergency response responsibilities.

f. Where the city disaster emergency response personnel have been

directed to assist in local disaster operations pursuant to paragraph a

of this subdivision, and the chief executive officer of the city is

convinced that the personnel and resources of local municipal and

private agencies normally available for disaster assistance, including

local disaster emergency response personnel, are insufficient adequately

to cope with the disaster, he or she may certify the fact to the county

chief executive and request the county chief executive to direct the

county emergency management director to render assistance in the city,

as provided in subdivision two of this section.

g. The chief executive officer of a city shall be responsible for the

conduct of disaster operations within the city, including the operations

directed by the county emergency management director, when rendering

disaster assistance within a city pursuant to this subdivision.

h. Neither the chief executive officer of a city, nor the county chief

executive, shall be held responsible for acts or omissions of disaster

emergency response personnel when performing disaster assistance.

§ 29-c — Radiological preparedness

Radiological preparedness. 1. The commission:

(a) may monitor directly and record the off-site presence of

radioactive material in the vicinity of nuclear electric generating

facilities located in the state of New York;

(b) shall obtain from the licensees, United States nuclear regulatory

commission-required high range radiation, temperature and pressure

levels in the containment buildings and in the containment building

vents of nuclear electric generating facilities located in the state of

New York; and,

(c) shall obtain, subject to the approval of the United States nuclear

regulatory commission, any reactor data provided by the licensee to the

United States nuclear regulatory commission, which the disaster

preparedness commission determines, as a result of the report issued

pursuant to section twenty-nine-d of this article, to be a reliable

indicator of a possible radiological accident.

Upon the occurrence of a radiological accident, the commission shall

promptly provide appropriate and available radioactivity monitoring data

to any chief executive who requests it. For the purposes of this

section, the term "radiological accident" shall be limited to a

radiological accident occurring at a nuclear electric generating

facility.

2. (a) Any licensee of the United States nuclear regulatory commission

for a nuclear electric generating facility shall be liable for an annual

fee to support state and local governmental responsibilities under

accepted radiological emergency preparedness plans related to the

facility operated by such licensee.

(b) The amount of such fee shall be one million dollars. Such fee,

which shall be payable to the commission on or before December first,

shall be expended or distributed only by appropriation.

3. Such fees shall be expended by the commission for purposes of

supporting state and local government responsibilities under accepted

radiological emergency preparedness plans, including:

(a) purchase, installation, maintenance and operation of equipment

used by the commission and local governments to monitor and record the

potential and actual presence of radioactive materials within the

appropriate planning radius from a nuclear electric generating facility;

(b) purchase, storage and distribution by the commission of equipment,

drugs or other material for the purpose of protecting public health and

safety;

(c) personal service, administrative costs and contractual services;

(d) emergency services personnel training and the plans, development,

implementation, testing and revisions; and,

(e) the state or local share when applying for matching funds.

3-a. (a) Notwithstanding the provisions of subdivision three of this

section, the New York state emergency management office (SEMO) and the

coalition of nuclear counties, which constitutes the counties of Monroe,

Wayne, Oswego, Orange, Putnam, Rockland and Westchester, shall each

receive an equal one-half portion of the total amount of proceeds

resulting from the total assessments and contributions made pursuant to

this section.

(b) The one-half portion of the proceeds resulting from the total

assessments and contributions made pursuant to this section received by

the coalition of nuclear counties shall be distributed pursuant to the

following formula:

Monroe county 12.3%

Orange county 10%

Oswego county 12.5%

Putnam county 9.8%

Rockland county 18%

Wayne county 12.4%

Westchester county 25%

§ 29-d — Reports

Reports. In order to assess the present preparedness in the

state for any radiological accident and to determine the need for, and

appropriateness of, any additional specific steps by state government,

the commission shall report to the governor and the legislature by

January first, nineteen hundred eighty-two, its findings,

recommendations and proposed legislation where appropriate concerning:

1. The need for and appropriateness of additional specific state

activities or programs beyond those required by the accepted

radiological emergency preparedness plans or provided for under existing

law, including but not limited to:

(a) radiological monitoring equipment;

(b) warning systems and equipment;

(c) medical technologies and equipment;

(d) plume transport and dose assessment models; and

(e) nuclear fuel cycle and materials licensees other than electric

generating facilities.

2. Any such recommendations shall be developed in consultation with

all concerned public and private parties and shall:

(a) take into account proven safety effectiveness;

(b) outline any proposed costs and the means for meeting such costs;

(c) consider related activities of the United States nuclear

regulatory commission or others; and

(d) when appropriate, discuss alternatives and various implementation

stages.

§ 29-e — New York state emergency assistance program

New York state emergency assistance program. 1. For purposes

of this section the following terms shall have the following meanings:

(a) "Infrastructure" shall mean and include publicly owned storm and

sanitary sewers, water supply systems, drainage systems, transportation

systems, roads and bridges.

(b) "Municipality" shall mean any county, city, village, or town of

the state.

(c) "Public facilities" shall mean and include publicly owned

buildings, including traditional government buildings, such as

courthouses, firehouses, police stations, parks, recreational

facilities, and correctional facilities.

(d) "Fund" shall mean the state's contingency reserve fund established

by law.

(e) "The office of emergency management" shall mean the office within

the division of homeland security and emergency services.

2. The governor may, upon a finding that a municipality in the state

has suffered substantial damage by an unanticipated natural disaster

which has resulted in significant economic distress within such

municipality, issue a declaration of significant economic distress in

accordance with the provisions herein. In determining whether such

significant economic distress exists, the governor shall consider

whether the following criteria have been met:

(a) the municipality suffered a substantial loss of assessed value;

(b) substantial damage has occurred to municipal buildings, facilities

and infrastructure;

(c) the cost incurred by the municipality for clean-up operations is

significant;

(d) businesses within the municipality have experienced significant

economic loss due to the inability to conduct normal business due to the

disaster;

(e) a significant increase in unemployment claims filed by persons

employed within the municipality has occurred; and

(f) the county or the county within which the municipality is located

has been declared eligible by the United States small business

administration for physical disaster and economic injury disaster loans.

In addition, the governor shall also consider the extent that other

financial resources, including federal assistance and insurance, are

available to assist the municipality to repair damage caused by the

disaster.

3. (a) Upon the issuance of a declaration of significant economic

distress due to unanticipated natural disaster by the governor, a

municipality recognized by the governor as being affected by such

disaster which occurred on or after December first, nineteen hundred

ninety-two, may apply to the division of homeland security and emergency

services on a form prescribed by such office, for reimbursement from the

state's contingency reserve fund for reimbursement of extraordinary and

unanticipated costs associated with the reconstruction or repair of

public buildings, facilities or infrastructure.

(b) Where the municipality applying for assistance authorized pursuant

to this section is a city, and such application pertains to a county

wholly contained within such city, such city may submit separate

applications for such assistance for each such county.

(c) Such municipality shall be granted the assistance provided

pursuant to this section, within the amounts made available by

appropriation from the fund, upon approval of such application, provided

that such municipality agrees to have a local disaster preparedness plan

pursuant to section twenty-three of this article in effect by December

thirty-first, nineteen hundred ninety-three. On or after December

thirty-first, nineteen hundred ninety-three, no municipality shall be

eligible for reimbursement of such expenses unless such plan is in

effect.

(d) Municipalities which have received assistance pursuant to this

section shall, as soon thereafter as may be possible, amend their

respective local disaster preparedness plans to include corrective

measures that must be taken in order to avoid, to the extent possible,

similar emergencies in the future.

(e) Municipalities applying for assistance pursuant to this section

shall accurately describe the emergency conditions which necessitate the

expenditure of funds for which reimbursement is being sought pursuant to

this section.

(f) In providing assistance pursuant to this section, the division of

homeland security and emergency services may give preference to

applicants which demonstrate the greatest need or which document that

such assistance will be utilized to bring the applicant into compliance

with federal or state law.

(g) In the event that amounts appropriated are insufficient to provide

for full reimbursement of all extraordinary and unanticipated costs

incurred by such municipality approved for reimbursement pursuant to

this section, the division of homeland security and emergency services

is authorized to provide a pro rata share of the appropriations,

appropriated herein, to such municipality.

4. (a) The commissioner of the division of homeland security and

emergency services as defined in article twenty-six of this chapter with

the advice and consent of the disaster preparedness commission created

pursuant to this article, shall have the power to make such rules and

regulations as may be necessary and proper to effectuate the purposes of

this section.

(b) The commissioner of the division of homeland security and

emergency services shall by March fifteenth of each year report to the

governor and the legislature describing the activities and operation of

the program authorized by this section. Such report shall set forth the

number of reimbursement applications received and approved; the

identities of the counties, cities, towns and villages receiving

reimbursement together with the amount and purpose of the reimbursement.

§ 29-g — Emergency management assistance compact

Emergency management assistance compact. 1. The emergency

management assistance compact is made and entered into by and between

the participating member states which enact this compact, hereinafter

called party states. For the purposes of this agreement, the term

"states" is taken to mean the several states, the commonwealth of Puerto

Rico, the District of Columbia, and all United States territorial

possessions.

The purpose of this compact is to provide for mutual assistance

between the states entering into this compact in managing any emergency

or disaster that is duly declared by the governor of the affected state

or states, whether arising from natural disaster, technological hazard,

man-made disaster, civil emergency aspects of resource shortages,

community disorders, insurgency or enemy attack.

This compact shall also provide for mutual cooperation in

emergency-related exercises, testing or other training activities using

equipment and personnel simulating performance of any aspect of the

giving and receiving of aid by party states or subdivisions of party

states during emergencies, such actions occurring outside actual

declared emergency periods. Mutual assistance in this compact may

include the use of the states' national guard forces, either in

accordance with the national guard mutual assistance compact or by

mutual agreement between states.

2. Each party state entering into this compact recognizes that many

emergencies transcend political jurisdictional boundaries and that

intergovernmental coordination is essential in managing these and other

emergencies under this compact. Each state further recognizes that there

will be emergencies which require immediate access and present

procedures to apply outside resources to make a prompt and effective

response to such an emergency. This is because few, if any, individual

states have all the resources they may need in all types of emergencies

or the capability of delivering resources to areas where emergencies

exist.

The prompt, full and effective utilization of resources of the

participating states, including any resources on hand or available from

the federal government or any other source, that are essential to the

safety, care and welfare of the people in the event of any emergency or

disaster declared by a party state, shall be the underlying principle on

which all provisions of this compact shall be understood.

On behalf of the governor of each state participating in the compact,

the legally designated state official who is assigned responsibility for

emergency management will be responsible for formulation of the

appropriate interstate mutual aid plans and procedures necessary to

implement this compact.

3. (a) It shall be the responsibility of each party state to formulate

procedural plans and programs for interstate cooperation in the

performance of the responsibilities listed in this section. In

formulating such plans, and in carrying them out, the party states,

insofar as practical, shall:

(1) Review individual state hazard analysis and, to the extent

reasonably possible, determine all those potential emergencies the party

states might jointly suffer, whether due to natural disaster,

technological hazard, man-made disaster, emergency aspects or resource

shortages, civil disorders, insurgency or enemy attack.

(2) Review party states' individual emergency plans and develop a plan

which will determine the mechanism for the interstate management and

provision of assistance concerning any potential emergency.

(3) Develop interstate procedures to fill any identified gaps and to

resolve any identified inconsistencies or overlaps in existing or

developed plans.

(4) Assist in warning communities adjacent to or crossing the state

boundaries.

(5) Protect and assure uninterrupted delivery of services, medicines,

water, food, energy and fuel, search and rescue and critical lifeline

equipment, services and resources, both human and material.

(6) Inventory and set procedures for the interstate loan and delivery

of human material resources, together with procedures for reimbursement

or forgiveness.

(7) Provide, to the extent authorized by law, for temporary suspension

of any statutes or ordinances that restrict the implementation of the

above responsibilities.

(b) The authorized representative of a party state may request

assistance of another party state by contacting the authorized

representative of that state. The provisions of this agreement shall

only apply to requests for assistance made by and to authorized

representatives. Requests may be verbal or in writing. If verbal, the

request shall be confirmed in writing within thirty days of the verbal

request. Requests shall provide the following information:

(1) A description of the emergency service function for which

assistance is needed, such as, but not limited to, fire services, law

enforcement, emergency medical, transportation, communications, public

works and engineering, building inspection, planning and information

assistance, mass care, resource support, health and medical services,

and search and rescue.

(2) The amount and type of personnel, equipment, materials and

supplies needed, and a reasonable estimate of the length of time that

they will be needed.

(3) The specific place and time for staging of the assisting party's

response and a point of contact at that location.

(c) There shall be frequent consultation between state officials who

have assigned emergency management responsibilities and other

appropriate representatives of the party states with affected

jurisdictions and the United States government, with free exchange of

information, plans and resource records relating to emergency

capabilities.

4. Any party state requested to render mutual aid or conduct exercises

and training for mutual aid shall take such action as is necessary to

provide and make available the resources covered by this compact in

accordance with the terms hereof provided, that it is understood that

the state rendering aid may withhold resources to the extent necessary

to provide reasonable protection for such state.

Each party state shall afford to the emergency forces of any party

state, while operating within its state limits under the terms and

conditions of this compact, the same powers (except that of arrest

unless specifically authorized by the receiving state), duties, rights

and privileges as are afforded forces of the state in which they are

performing emergency services. Emergency forces will continue under the

command and control of their regular leaders, but the organizational

units will come under the operational control of the emergency services

authorities of the state receiving assistance. These conditions may be

activated, as needed, only subsequent to a declaration of a state of

emergency or disaster by the governor of the party state that is to

receive assistance or commencement of exercises or training for mutual

aid and shall continue so long as the exercises or training for mutual

aid are in progress, the state, or states, of emergency or disaster

remains in effect or loaned resources remain in the receiving states,

whichever is longer.

5. Whenever any person holds a license, certificate or other permit

issued by any state party to the compact evidencing the meeting of

qualifications for professional, mechanical or other skills, and when

such assistance is requested by the receiving party state, such person

shall be deemed licensed, certified, or permitted by the state

requesting assistance to render aid involving such skill to meet a

declared emergency or disaster, subject to such limitations and

conditions as the governor of the requesting state may prescribe by

executive order or otherwise.

6. Officers or employees of a party state rendering aid in another

state pursuant to this compact shall be considered agents of the

requesting state for tort liability and immunity purposes and no party

state or its officers or employees rendering aid in another state

pursuant to this compact shall be liable on account or any act or

omission in good faith on the part of such forces while so engaged or on

account of the maintenance or use of any equipment or supplies in

connection therewith. Good faith shall not include willful misconduct,

gross negligence or recklessness.

7. Inasmuch as it is probable that the pattern and detail of the

machinery for mutual aid among two or more states may differ from that

among the states that are parties hereto, this instrument contains

elements of a broad base common to all states, and nothing contained

herein shall preclude any state from entering into supplementary

agreements with another state or affect any other agreements already in

force between states. Supplementary agreements may comprehend, but shall

not be limited to, provisions for evacuation and reception of injured

and other persons and the exchange of medical, fire, police, public

utility, reconnaissance, welfare, transportation and communications

personnel, and equipment and supplies.

8. Each party state shall provide for the payment of compensation and

death benefits to injured members of the emergency forces of that state

and representatives of deceased members of such forces in case such

members sustain injuries or are killed while rendering aid pursuant to

this compact, in the same manner and on the same terms as if the injury

or death were sustained within their own state.

9. Any party state rendering aid in another state pursuant to this

compact shall be reimbursed by the party state receiving such aid for

any loss or damage to or expense incurred in the operation of any

equipment and the provision of any service in answering a request for

aid and for the costs incurred in connection with such requests

provided, that any aiding party state may assume, in whole or in part,

such loss, damage, expense or other cost, or may loan such equipment or

donate such services to the receiving party state without charge or cost

provided, however, that any two or more party states may enter into

supplementary agreements establishing a different allocation of costs

among those states. Expenses under subdivision eight of this section

shall not be reimbursable under this provision.

10. Plans for the orderly evacuation and interstate reception of

portions of the civilian population as the result of any emergency or

disaster of sufficient proportions to so warrant, shall be worked out

and maintained between the party states and the emergency

management/services directors of the various jurisdictions where any

type of incident requiring evacuations might occur. Such plans shall be

put into effect by request of the state from which evacuees come and

shall include the manner of transporting such evacuees, the number of

evacuees to be received in different areas, the manner in which food,

clothing, housing and medical care will be provided, the registration of

the evacuees, the providing of facilities for the notification of

relatives or friends, and the forwarding of such evacuees to other areas

or the bringing in of additional materials, supplies and all other

relevant factors. Such plans shall provide that the party state

receiving evacuees and the party state from which the evacuees come

shall mutually agree as to reimbursement of out-of-pocket expenses

incurred in receiving and caring for such evacuees, for expenditures for

transportation, food, clothing, medicines and medical care, and like

items. Such expenditures shall be reimbursed as agreed by the party

state from which the evacuees come. After the termination of the

emergency or disaster, the party state from which the evacuees come

shall assume the responsibility for the ultimate support of repatriation

of such evacuees.

11. (a) This compact shall become operative immediately upon its

enactment into law by any two states; thereafter, this compact shall

become effective as to any other state upon its enactment by such state.

(b) Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take effect

until thirty days after the governor of the withdrawing state has given

notice in writing of such withdrawal to the governors of all other party

states. Such action shall not relieve the withdrawing state from

obligations assumed hereunder prior to the effective date of withdrawal.

(c) Duly authenticated copies of this compact and of such

supplementary agreements as may be entered into shall, at the time of

their approval be deposited with each of the party states and with the

federal emergency management agency and other appropriate agencies of

the United States government.

12. This compact shall be construed to effectuate the purposes stated

in subdivision one of this section. If any provision of this compact is

declared unconstitutional, or the applicability thereof to any person or

circumstances is held invalid, the constitutionality of the remainder of

this compact and the applicability thereof to other persons and

circumstances shall not be affected thereby.

13. Nothing in this compact shall authorize or permit the use of

military forces by the National Guard of a state at any place outside

the state in any emergency for which the president is authorized by law

to call into federal service the militia, or for any purposes for which

the use of the army or the air force would in the absence of express

statutory authorization be prohibited under section 1385 of title 18,

United States code.

14. The legally designated state official who is assigned

responsibility for emergency management shall not offer resources to, or

request resources from, another compact member state, without prior

discussion with and concurrence from the state agency, department,

office, division, board, bureau, commission or authority that may be

asked to provide resources or that may utilize resources from another

compact member state.

15. The director of the state emergency management office shall, on or

before the first day of January, two thousand two, provide to the

legislature and the governor copies of all mutual aid plans and

procedures promulgated, developed or entered into after the effective

date of this section. The director of the state emergency management

office shall annually hereafter provide the legislature and governor

with copies of all new or amended mutual aid plans and procedures on or

before the first day of January of each year.

§ 29-h — Intrastate mutual aid program

Intrastate mutual aid program. 1. Creation. There is hereby

created the intrastate mutual aid program to complement existing mutual

aid agreements in the event of a disaster that results in a formal

declaration of an emergency by a participating local government. All

local governments within the state, excepting those which affirmatively

choose not to participate in accordance with subdivision four of this

section, are deemed to be participants in the program; provided,

however, with respect to school districts and boards of cooperative

educational services, such participation shall be limited to the sharing

of facilities management and administrative personnel and equipment.

2. Definitions. As used in this section, the following terms shall

have the following meanings:

a. "Employee" means any person holding a position by election,

appointment, or employment by a local government;

b. "Local government" means any county, city, town, village, school

district or board of cooperative educational services of the state;

c. "Local emergency management director" means the local government

official responsible for emergency preparedness, response and recovery;

d. "Requesting local government" means the local government that asks

another local government for assistance during a declared emergency, or

for the purposes of conducting training, or undertaking a drill or

exercise;

e. "Assisting local government" means one or more local governments

that provide assistance pursuant to a request for assistance from a

requesting local government during a declared emergency, or for the

purposes of conducting training, or undertaking a drill or exercise;

f. "Disaster" shall have the same meaning as in section twenty of this

article;

g. "School district" shall have the same meaning as in title two of

the education law, including any public school district and any special

act school district as defined in section four thousand one of the

education law; and

h. "Board of cooperative educational services" shall have the same

meaning as in section nineteen hundred fifty of the education law.

3. Intrastate mutual aid program committee established; meetings;

powers and duties. a. There is hereby created within the disaster

preparedness commission an intrastate mutual aid program committee, for

purposes of this section to be referred to as the committee, which shall

be chaired by the commissioner of the division of homeland security and

emergency services, and shall include the state fire administrator, the

commissioner of health, the commissioner of education and the

commissioner of agriculture and markets, provided that each such

official may appoint a designee to serve in his or her place on the

committee. The committee shall also include five representatives from

local public safety or emergency response agencies and one

representative from a school district or board of cooperative

educational services. Such representatives, who shall serve a maximum

two-year term, shall be appointed by the commissioner of the division of

homeland security and emergency services, with regard to a balance of

geographic representation and discipline expertise.

b. The committee, on the call of the chairperson, shall meet at least

twice each year and at such other times as may be necessary. The agenda

and meeting place of all regular meetings shall be made available to the

public in advance of such meetings and all such meetings shall be open

to the public.

c. The committee shall have the following powers and responsibilities:

(1) to promulgate rules and regulations, acting through the division

of homeland security and emergency services, to implement the intrastate

mutual aid program as described in this section;

(2) to develop policies, procedures and guidelines associated with the

program, including a process for the reimbursement of assisting local

governments by requesting local governments;

(3) to evaluate the use of the intrastate mutual aid program;

(4) to examine issues facing participating local governments regarding

the implementation of the intrastate mutual aid program; and

(5) to prepare reports to the disaster preparedness commission

discussing the effectiveness of mutual aid in the state and making

recommendations for improving the efficacy of the system, if

appropriate.

4. Local government participation in the intrastate mutual aid

program. a. A local government may elect not to participate in the

intrastate mutual aid program, or to withdraw from the program, by its

governing body enacting a resolution declaring that it elects not to

participate in the program and providing such resolution to the division

of homeland security and emergency services. Participation in the

program will continue until a copy of such resolution is received and

confirmed by the division of homeland security and emergency services.

b. A local government that has declined to participate in the program

may, acting by resolution through its governing body and providing a

copy of the resolution to the division of homeland security and

emergency services, elect to participate in the program.

c. Nothing in this section shall preclude a local government from

entering into mutual aid agreements with other local governments or

other entities with terms that supplement or differ from the provisions

of this section.

d. Nothing in this section shall affect any other agreement to which a

local government may currently be a party, or later enter into,

including, but not limited to, the state fire mobilization and mutual

aid plan.

5. Fire related resources. Notwithstanding the authority vested

pursuant to this section, all fire related resources shall be

administered pursuant to section two hundred nine-e of the general

municipal law.

6. Requesting assistance under the intrastate mutual aid program. a.

Subject to the restrictions on school districts and boards of

cooperative educational services set forth in subdivision one of this

section, the state or a participating local government may request

assistance of other participating local governments in preventing,

mitigating, responding to and recovering from disasters that result in

the declaration of a state disaster emergency or locally-declared

emergencies, 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 intrastate mutual aid program. The director of the state

office of emergency management is authorized to request and accept

assistance pursuant to this section.

b. Once an emergency is declared at the county level, all requests and

offers for assistance, to the extent practical, shall be made through

the county emergency management office, or in the case of the city of

New York, through the city emergency management office. All requests for

assistance should include:

(1) a description of the disaster;

(2) a description of the assistance needed;

(3) a description of the mission for which assistance is requested;

(4) an estimate of the length of time the assistance will be needed;

(5) the specific place and time for staging of the assistance and a

point of contact at that location; and

(6) any other information that will enable an assisting local

government to respond appropriately to the request.

c. Assisting local governments shall submit to the state or requesting

local government an inventory of the resources being deployed.

d. The written request for assistance and all inventories of resources

being deployed shall be submitted to the division of homeland security

and emergency services within three calendar days of the request for or

deployment of such resources.

7. Division of homeland security and emergency services

responsibilities under the intrastate mutual aid program. The division

of homeland security and emergency services shall provide notification

by mail to each local government with a comprehensive description of the

intrastate mutual aid program, including a statement that all local

governments are participants of the program unless they expressly opt

out pursuant to subdivision four of this section; maintain a current

list of participating local governments with their authorized

representatives and contact information, and provide a copy of the list

to each of the participating local governments on an annual basis during

the second quarter of each calendar year; monitor and report to the

intrastate mutual aid program committee on the use of the intrastate

mutual aid program; coordinate the provision of mutual aid resources in

accordance with the comprehensive emergency management plan and

supporting protocols; identify mutual aid best practices; when

practical, provide the committee with statistical information related to

the use of mutual aid during recent regional disaster responses; and

assist with the development, implementation and management of a

state-wide resource typing system.

8. Reimbursement of assisting local government by the state or

requesting local government; resolving disputes regarding reimbursement.

a. Any assisting local government requesting reimbursement under this

program for loss, damage or expenses incurred in connection with the

provision of assistance that seeks reimbursement by the state or

requesting local government shall make such request in accordance with

procedures developed by the intrastate mutual aid committee.

b. Notwithstanding the provisions of section twenty-five of this

article or any inconsistent provision of law to the contrary, the state

or 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 the state or 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 assistance under this section. The state or

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

supplemental 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 state or requesting local

government.

e. Where a dispute arises between an assisting local government and

the state or a requesting local government regarding reimbursement for

loss, damages or expenses incurred in connection with the provision of

aid, the parties will make every effort to resolve the dispute within

thirty business days of written notice of the dispute by the party

asserting noncompliance.

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

general, special or local law, rule or regulation, employees of an

assisting local government shall be under the direction and control of

the director of the state office of emergency management, local

emergency management director or other official charged with performing

emergency management functions for the state or requesting local

government;

(2) Performance by employees of an assisting local government of

services for the state or 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, exclusively perform such services, as that phrase is used

by the public employment relations board, on behalf of the state or

requesting local government;

b. Assets and equipment of an assisting local government shall

continue under the ownership of the assisting local government, but

shall be under the direction and control of the director of the state

office of emergency management, local emergency management director or

other official charged with performing emergency management functions

for the state or requesting local government.

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

rendering assistance pursuant to a request for assistance who sustain

injury or death in the course of, and arising out of, their response are

entitled 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

individual who responds to a state of emergency where aid has not been

requested, or where aid has not been authorized by the individual's home

jurisdiction.

11. Obligation of insurers. Nothing in this section shall impair,

alter, limit or modify the rights or obligations of any insurer under

any policy of insurance.

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.

§ 29-i — Immunity from liability for emergency alerts

Immunity from liability for emergency alerts. Any provider of

mobile services, as defined in 47 U.S.C. 153, including its officers,

directors, employees, affiliates, vendors and agents, acting on behalf

of the state, and any third-party intermediary transmission service

provider, including such third-party intermediary transmission service

provider's affiliates, officers, directors, employees, vendors and

agents, acting directly or indirectly on behalf of the state or on

behalf of any such provider of mobile services, that transmits emergency

alerts similar to those described in 47 CFR 10.10 and 10.400, or that

transmits any other type or form of emergency alert messages, shall not

be liable for any act or omission related to or any harm resulting from

the transmission of, or failure to transmit, an emergency alert,

provided that such provider, officer, director, employee, affiliate,

vendor or agent acted reasonably and in good faith.

§ 29-j — Acceptance of gifts

Acceptance of gifts. 1. The state office of emergency

management within the division of homeland security and emergency

services may accept any assistance, including but not limited to gifts

or grants of real or personal property, but not including money, from

any public or private source for the purpose of preparing for,

responding to, or recovering from a state disaster emergency. Such

assistance may be used to support state and local disaster operations or

distributed to disaster response organizations supporting local disaster

response operations. To the extent practicable, the office of emergency

management shall distribute such assistance in consultation with local

governments, not-for-profit organizations, and other disaster response

organizations that have experience responding to state disaster

emergencies.

2. The state office of emergency management shall maintain a database

of all assistance accepted during the state disaster emergency and shall

make such information available to the public on its website. The

database shall include, but is not limited to, the name of the donor,

type of assistance provided, value of the assistance, recipient of the

assistance (if available), date of the donation and date of

distribution.

3. The director of the office of emergency management, in consultation

with the commissioner of the division of homeland security and emergency

services, may promulgate rules and regulations necessary to implement

this section.

§ 29-k — Northern emergency management assistance compact

Northern emergency management assistance compact.

Notwithstanding any other law, the state, through the governor, may

enter the northern emergency management assistance compact (P.L.

112-282, ratified by Congress on January fourteenth, two thousand

thirteen). Such compact shall be deemed ratified by the legislature upon

the governor's certification to the temporary president of the senate,

the speaker of the assembly, and the secretary of state, that New York

has entered into the compact.

§ 29-l — International Emergency Management Assistance Compact

International Emergency Management Assistance Compact.

Notwithstanding any other law, the state, through the governor, may

enter the compact established by the emergency management assistance

memorandum of understanding (executed on July eighteenth, two thousand

by the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode

Island, and Vermont and the Canadian provinces of New Brunswick,

Newfoundland, Nova Scotia, Prince Edward Island, and Quebec) at the

twenty-fifth conference of New England Governors and Eastern Canadian

Premiers, as authorized by Article II(j) of the Agreement between the

Government of the United States and the Government of Canada on

Cooperation in Comprehensive Emergency Planning and Management renewed

on December second, nineteen ninety-eight. Such compact shall be deemed

ratified by the legislature upon the governor's certification to the

temporary president of the senate, the speaker of the assembly, and the

secretary of state, that New York has entered into the compact.

ARTICLE 3 Executive Department

§ 30 — Executive department

Executive department. There shall continue to be in the state

government an executive department. The head of the executive department

shall be the governor. The governor may appoint such subordinates and

employees as may be necessary for the exercise of his powers and the

performance of his duties as head of the executive department, and may

prescribe their duties and fix their compensation within the amounts

appropriated therefor.

§ 31 — Divisions

Divisions. There shall be in the executive department the

following divisions:

1. The division of the budget.

2. The division of military and naval affairs.

3. The office of general services.

4. The division of state police.

5. The division of housing.

6. The division of alcoholic beverage control.

7. The division of human rights.

8. The division of homeland security and emergency services.

9. Office of information technology services.

The governor may establish, consolidate, or abolish additional

divisions and bureaus.

§ 32 — Authority not to renew

Authority not to renew. 1. For the purposes of this section,

"state agency" shall mean any state department, board, bureau, division,

commission, committee, public authority, public benefit corporation,

council, office, or other governmental entity performing a governmental

or proprietary function for the state.

2. Notwithstanding any other provision of law, when a state agency

levies fees or assesses civil fines or penalties for licensing or

regulatory matters, such state agency shall, following consultation with

the state department of law and after such appropriate due process as

required by the provisions of law applicable to such state agency and to

such licensing or regulatory matters, not be required to renew any

license, permit, or certificate of qualification, authority, or

operation, of any business, individual, or other entity, which is not a

state agency, municipal corporation or district corporation, if such

business, individual or other entity has failed to pay or enter into a

written agreement to settle outstanding fees, civil penalties or fines

assessed by such state agency.

ARTICLE 4 Department of Audit and Control

§ 40 — Department of audit and control; comptroller

Department of audit and control; comptroller. There shall

continue to be in the state government a department of audit and

control.

1. The head of the department of audit and control shall be the

comptroller. He shall be paid an annual salary of one hundred fifty-one

thousand five hundred dollars.

2. The organization of the department of audit and control is

continued until changed by or pursuant to law. The comptroller may

establish such divisions, bureaus, sections and units in the department

as he may deem necessary and may consolidate, alter or abolish any of

them.

3. The functions of the comptroller, and his powers and duties

pertaining thereto, shall be exercised and performed in the department

of audit and control by the comptroller and by such divisions, bureaus,

sections, units and officers in the department as he may designate.

§ 41 — Deputies and assistants; undertakings

Deputies and assistants; undertakings. 1. The comptroller shall

appoint eight deputies, one of whom shall be the first deputy

comptroller. Such deputies shall receive annual salaries to be fixed by

the comptroller within amounts appropriated therefor. Each of such

deputies may perform any of the powers or duties of the comptroller.

2. The comptroller also may appoint such other officers, assistants

and employees as he may deem necessary for the exercise and performance

of his powers and duties and those of the department. Such officers,

assistants and employees shall receive such compensation as may be fixed

by the comptroller within the amounts appropriated therefor.

§ 41-a — Deputy comptroller for the city of New York

Deputy comptroller for the city of New York. In addition to

the deputies otherwise authorized by law, the comptroller shall, by and

with the advice and consent of the senate, appoint a deputy comptroller

for the city of New York. Such deputy may be removed or replaced by the

comptroller and shall receive an annual salary to be fixed by the

comptroller within the amounts appropriated therefor. Such deputy may

perform any of the powers or duties of the comptroller and he shall

assist the New York state financial control board created pursuant to

section five of the New York state financial emergency act for the city

of New York in carrying out and exercising the responsibilities assigned

and powers granted to such board.

§ 42 — Supervision of money paid into court

Supervision of money paid into court. The comptroller shall

have power, at any time, to examine the books, papers, records and

accounts of any public office or officer of the state, or of any

subdivision of the state in anywise relating to moneys or securities

paid into court or ordered by any court of record or required by statute

to be so paid.

§ 43 — Examiners

Examiners. 1. Whenever the comptroller may deem it necessary to

enable him to perform the duties imposed upon him by law with regard to

the inspection, examination and audit of the fiscal affairs of the state

or of the several officers, departments, institutions, public

corporations or political subdivisions thereof, he may assign the work

of such inspection, audit and examination to any examiner or examiners

appointed by him pursuant to law.

2. The comptroller is authorized to employ such examiners as he may

deem necessary to carry out the provisions of law in relation to his

duty as to money paid into court.

§ 44 — Records and data in aid of audit; destruction of certain papers

Records and data in aid of audit; destruction of certain papers.

1. Where powers and duties of the comptroller relate to moneys, funds or

securities of the state, or to state appropriations, or to funds and

securities administered under state supervision, or to obligations of

the state or of state agencies, the comptroller, except as provided in

subdivision two of this section, shall preserve all data and records

pertaining to his acts and proceedings in the exercise and performance

of such powers and duties, and of his transactions with other public

officers, and with corporations and individuals, in connection

therewith, to the end that the necessary information acquired by him

through such acts, proceedings and transactions may be at all times

available as an aid to the comptroller and his successors in exercising

the functions of audit of vouchers, official accounts, accrual and

collection of revenues and receipts, and of prescribed methods of

accounting.

2. Notwithstanding any other provision of this article, the

comptroller may destroy any of the following described papers now or

hereafter in the custody of the department of audit and control after

they have been in such custody six years or more:

a. Estimates and requisitions of state departments, commissions,

boards, bodies, officers and institutions;

b. Working papers;

c. Unsuccessful bids;

d. Any other papers which, in the judgment of the comptroller, are not

and will not be of use in connection with audits, accounts and

accountings, accrual and collection of revenues and receipts or payments

of moneys from the state treasury or from any fund or funds in his

custody.

The comptroller shall not destroy any papers which in his judgment

might be of historic value without first submitting a description

thereof to the commissioner of education and obtaining his consent to

their destruction. This subdivision shall not authorize the destruction

of any papers the preservation or production of which shall have been

directed by a court or judge for the purposes of an action or

proceeding.

§ 45 — Authority to represent the state as owner of abutting property

Authority to represent the state as owner of abutting property.

Whenever by law owners of property abutting upon a street or highway, or

any number or percentage thereof, are authorized to petition or

otherwise initiate any proceeding respecting the use, occupation or

improvement of such street or highway, or the consent of such owners or

of any number or percentage thereof is a prerequisite to the use,

occupation or improvement of a street or highway, the comptroller in

behalf of the state, upon the approval of the attorney-general, is

authorized to join in any petition, take any action or consent to the

use, occupation or improvement of such a street or highway, affecting

the property of the state abutting upon such street or highway, with the

same force and effect, and subject to the same limitations and

conditions, as the owners of other property abutting upon such street or

highway.

§ 46 — Office of welfare inspector general

Office of welfare inspector general. 1. There is hereby created

in the department of audit and control an office of welfare inspector

general. The head of the office shall be the welfare inspector general,

who shall be appointed by the comptroller, by and with the advice and

consent of the senate.

2. The comptroller shall fix the compensation of the welfare inspector

general within the amounts appropriated therefor.

§ 47 — Organization of offices; officers and employees

Organization of offices; officers and employees. 1.

Notwithstanding any inconsistent provision of law, the welfare inspector

general may, from time to time, subject to the approval of the state

comptroller, create, abolish, transfer and consolidate divisions,

bureaus and other units within the office as he may determine necessary

for the efficient operation of the office.

2. The welfare inspector general may, subject to the approval of the

state comptroller, appoint such deputies, directors, assistants and

other officers and employees as may be needed for the performance of his

duties and may prescribe their powers and fix their compensation within

the amounts appropriated therefor.

§ 48 — General functions, powers and duties of office of welfare inspector general

General functions, powers and duties of office of welfare

inspector general. The office of welfare inspector general, by and

through the welfare inspector general, or his duly authorized deputy,

director, assistant, officer or employee, shall have the following

functions, powers and duties notwithstanding section one hundred

thirty-six of the social services law:

1. To receive and investigate complaints from the public or any other

source concerning alleged abuses, suspected frauds, and other violations

of the welfare system which shall be deemed to include medical

assistance. As used in this article, the term "medical assistance" shall

have the same meaning contained in section three hundred sixty-five-a of

the social services law.

2. To receive complaints of alleged failures to prosecute frauds

against the welfare system which shall be deemed to include medical

assistance and to investigate the same.

3. To receive complaints of alleged failures to enforce the state's

laws regarding the employment of welfare recipients in available

employment, and to investigate the same.

4. To receive complaints of alleged failures of local officials and

employees to comply with state laws and regulations regarding welfare

administration which shall be deemed to include medical assistance, and

to investigate the same.

5. On the initiative of the office and at the direction of the welfare

inspector general, to conduct any investigation: of the operations of

the state social services department and local social services

districts, the state health department and local health departments, and

the state department of mental hygiene and community mental health

boards in order to insure proper expenditure of welfare funds; of

violations of the welfare system; of failure to prosecute welfare

frauds; of failure to enforce the state's laws regarding the employment

of welfare recipients in available employment; of failure of local

officials and employees to comply with state law, rules, and regulations

regarding welfare administration which shall be deemed to include

medical assistance, and other matters relating thereto.

6. To exercise and perform such other functions, powers and duties as

may from time to time be conferred or imposed by law.

7. To make an annual report to the governor, the comptroller and the

legislature concerning its work during the preceding year, and to make

such further interim reports to them as they or any of them shall deem

advisable or require.

8. To conduct any inquiry pertinent or material to the discharge of

the functions, powers and duties imposed by law; and through designated

members of the staff, to subpoena witnesses, administer oaths, take

testimony and compel the production of such books, papers, records and

documents as may be relevant to any such inquiry and investigation.

9. To do all things necessary or convenient to carry out the

functions, powers and duties set forth in this article, to the extent

they conform with applicable federal requirements, if any.

10. To make, amend or repeal such rules and regulations as may be

necessary with the approval of the state comptroller, for the

performance of the duties imposed hereunder.

§ 49 — Cooperation and assistance of other agencies

Cooperation and assistance of other agencies. The office of

welfare inspector general may request from any department, board,

bureau, commission or other agency of the state and its political

subdivisions, and the same are authorized and directed to provide, such

cooperation and assistance, services and data as will enable the office

properly to carry out its functions, powers and duties. As an incident

to rendering such cooperation and assistance, all governmental agencies

shall be required to submit a written response to the office of welfare

inspector general respecting its reports and findings when so requested

by said office. Section one hundred thirty-six of the social services

law shall in no way be construed to restrict any person or governmental

body from cooperating and assisting the welfare inspector general

hereunder. Section six hundred ninety-seven or any other provision of

the tax law shall in no way be construed to restrict the office of

welfare inspector general from obtaining the name, address, social

security number, employment history and number of dependents claimed for

any individual certified by the welfare inspector general, or his

designee, to be a welfare recipient and suspected of abusing, defrauding

or otherwise violating the welfare system.

§ 50 — Referral of evidence

Referral of evidence. 1. Upon the discovery of evidence of the

commission of a crime by any person, the welfare inspector general shall

refer such evidence to the district attorney of the county in which the

alleged crime occurred, for the appropriate action of such district

attorney.

2. Upon the discovery of evidence of a violation by a social services

official or employee of the laws, rules or regulations of the state

regarding welfare administration, the welfare inspector general shall

refer such evidence to the state commissioner of social services for

appropriate action of such commissioner.

ARTICLE 4-A Office of the State Inspector General

§ 51 — Jurisdiction

Jurisdiction. This article shall, subject to the limitations

contained herein, confer upon the office of the state inspector general,

jurisdiction over all covered agencies. For the purposes of this article

"covered agency" shall include all executive branch agencies,

departments, divisions, officers, boards and commissions, public

authorities (other than multi-state or multi-national authorities), and

public benefit corporations, the heads of which are appointed by the

governor and which do not have their own inspector general by statute.

Wherever a covered agency is a board, commission, a public authority or

public benefit corporation, the head of the agency is the chairperson

thereof.

§ 52 — Establishment and organization

Establishment and organization. 1. There is hereby established

the office of the state inspector general in the executive department.

The head of the office shall be the state inspector general who shall be

appointed by the governor.

2. The state inspector general shall hold office until the end of the

term of the governor by whom he or she was appointed and until his or

her successor is appointed and has qualified.

3. The state inspector general shall report to the secretary to the

governor.

4. The state inspector general may appoint one or more deputy

inspectors general to serve at his or her pleasure, who shall be

responsible for conducting investigations in the agencies to which they

are designated and in which they are deemed employed.

5. The salary of the inspector general shall be established by the

governor within the limit of funds available therefore; provided,

however, such salary shall be no less than the salaries of certain state

officers holding the positions indicated in paragraph (a) of subdivision

one of section one hundred sixty-nine of the executive law.

§ 53 — Functions and duties

Functions and duties. The state inspector general shall have the

following duties and responsibilities:

1. receive and investigate complaints from any source, or upon his or

her own initiative, concerning allegations of corruption, fraud,

criminal activity, conflicts of interest or abuse in any covered agency;

1-a. receive and investigate complaints from any source, or upon his

or her own initiative, concerning allegations of corruption, fraud, use

of excessive force, criminal activity, conflicts of interest or abuse by

any police officer in a covered agency and promptly inform the division

of criminal justice services, in the form and manner as prescribed by

the division, of such allegations and the progress of investigations

related thereto unless special circumstances require confidentiality.

Nothing in this subdivision shall require the division of criminal

justice services to participate in the investigation of such allegations

or take action or prevent the division of criminal justice services from

taking action authorized pursuant to subdivision three of section eight

hundred forty-five of this chapter in the time and manner determined by

the commissioner of the division of criminal justice services.

2. inform the heads of covered agencies of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality;

3. determine with respect to such allegations whether disciplinary

action, civil or criminal prosecution, or further investigation by an

appropriate federal, state or local agency is warranted, and to assist

in such investigations;

4. prepare and release to the public written reports of such

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses. The

release of all or portions of such reports may be deferred to protect

the confidentiality of ongoing investigations;

5. review and examine periodically the policies and procedures of

covered agencies with regard to the prevention and detection of

corruption, fraud, criminal activity, conflicts of interest or abuse;

6. recommend remedial action to prevent or eliminate corruption,

fraud, criminal activity, conflicts of interest or abuse in covered

agencies;

7. establish programs for training state officers and employees

regarding the prevention and elimination of corruption, fraud, criminal

activity, conflicts of interest or abuse in covered agencies.

§ 54 — Powers

Powers. The state inspector general shall have the power to:

1. subpoena and enforce the attendance of witnesses;

2. administer oaths or affirmations and examine witnesses under oath;

3. require the production of any books and papers deemed relevant or

material to any investigation, examination or review;

4. notwithstanding any law to the contrary, examine and copy or remove

documents or records of any kind prepared, maintained or held by any

covered agency;

5. require any officer or employee in a covered agency to answer

questions concerning any matter related to the performance of his or her

official duties. No statement or other evidence derived therefrom may be

used against such officer or employee in any subsequent criminal

prosecution other than for perjury or contempt arising from such

testimony. The refusal of any officer or employee to answer questions

shall be cause for removal from office or employment or other

appropriate penalty;

6. monitor the implementation by covered agencies of any

recommendations made by state inspector general;

7. perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

* 8. Appoint an independent monitor to provide guidance and technical

assistance related to the policies, practices, programs and decisions of

the Orange county industrial development agency and the funding

corporation, as authorized in subdivisions two, three, four, five, six,

seven and eight of section nine hundred twelve-b of the general

municipal law.

* NB Repealed May 3, 2030

§ 55 — Responsibilities of covered agencies, state officers and employees

Responsibilities of covered agencies, state officers and

employees. 1. Every state officer or employee in a covered agency shall

report promptly to the state inspector general any information

concerning corruption, fraud, criminal activity, conflicts of interest

or abuse by another state officer or employee relating to his or her

office or employment, or by a person having business dealings with a

covered agency relating to those dealings. The knowing failure of any

officer or employee to so report shall be cause for removal from office

or employment or other appropriate penalty. Any officer or employee who

acts pursuant to this subdivision by reporting to the state inspector

general improper governmental action as defined in section

seventy-five-b of the civil service law shall not be subject to

dismissal, discipline or other adverse personnel action.

2. The head of any covered agency shall advise the governor within

ninety days of the issuance of a report by the state inspector general

as to the remedial action that the agency has taken in response to any

recommendation for such action contained in such report.

ARTICLE 4-B Office of the Inspector General of New York For Transportation

§ 56 — Jurisdiction

Jurisdiction. 1. This article shall, subject to the limitations

contained herein, confer upon the office of the inspector general of New

York for transportation investigative and prosecutorial power over

criminal and unethical conduct involving individuals serving at a senior

level in operations, financing or management of a transportation entity

located in a city of a population of one million or more where such

action or actions occurred within the state; and investigative and

prosecutorial power of criminal and unethical conduct involving

managerial appointees or managerial employees of any transportation

entity where such action or actions occurred within the state.

2. For the purposes of this article: (a) "transportation entity" shall

mean any public entity located within a city of one million or more

involved in the transportation of persons, goods or other items within

or to and from the state of New York where at least one individual

involved at a senior level in operations, financing or management of

such entity is appointed by the governor;

(b) "individuals involved at a senior level in operations, financing

or management" shall mean individuals that exert full or partial control

over formal actions taken by a transportation entity or on behalf of

such entity, or exert independent judgment in the fulfillment of their

duties and obligations, but shall not include individuals whose actions

are of a routine or clerical nature; and

(c) "managerial appointee" or "managerial employee" shall mean any

individual who (i) participates directly or as part of a team in

formulating policy; (ii) may reasonably be required to assist directly

in the preparation for and conduct of negotiations concerning major

fiscal matters, procurements or expenditures in excess of one hundred

thousand dollars provided that such role is not of a routine or clerical

nature and requires the exercise of independent judgment; or (iii) has a

major role in the administration of personnel agreements or in personnel

administration, provided that such role is not of a routine or clerical

nature and requires the exercise of independent judgment.

3. Nothing contained in this section shall replace or diminish the

jurisdiction of the attorney general or any district attorney, or the

inspector general of any transportation entity.

4. The inspector general shall be authorized to:

(a) receive, investigate and prosecute complaints regarding any

individuals involved at a senior level in operations, financing or

management or managerial appointee or managerial employee of any

transportation entity concerning corruption, conflicts of interest,

fraud, waste and abuse, recusals or failure to recuse, or criminal

activity in any case where such conduct, action or failure occurred

before or after the effective date of the chapter of the laws of two

thousand seventeen that added this article and where such conduct,

action or failure occurred in New York;

(b) represent the state in any administrative hearing or

administrative proceeding involving any criminal or unethical conduct of

individuals involved at a senior level in operations, financing or

management or a managerial appointee or managerial employee of a

transportation entity where such conduct occurred in New York; and

(c) represent the state in civil actions involving any criminal or

unethical conduct of individuals involved at a senior level in

operations, financing or management or a managerial appointee or

managerial employee of a transportation entity where such conduct

occurred in New York.

§ 57 — Establishment and organization

Establishment and organization. 1. There shall be an office of

the inspector general of New York for transportation in the executive

department. The head of the office shall be the inspector general of New

York for transportation.

2. The inspector general shall be appointed by the governor and shall

hold office until the end of the term of the governor by whom he or she

is appointed and until his or her successor is appointed.

3. The inspector general may appoint a deputy inspector general to

serve at his or her pleasure, who shall be responsible for conducting

investigations and prosecuting violations of law. The inspector general

shall identify a process for a coordinated approach with prosecutors to

avoid duplication and provide for a timely response to alleged

violations.

4. The salary of the inspector general shall be established by the

governor within the limit of funds available therefore.

§ 58 — Functions and duties

Functions and duties. The inspector general of New York for

transportation shall have the following duties and responsibilities:

1. receive, investigate, and prosecute complaints from any source, or

upon his or her own initiative, concerning allegations of corruption,

conflicts of interest, fraud, waste and abuse, recusals or failure to

recuse, or criminal activity regarding any transportation entity,

conduct or activity or failure to act by any individuals involved at a

senior level in operations, financing or management or managerial

appointee or managerial employee of a transportation entity occurring

before or after the effective date of the chapter of the laws of two

thousand seventeen that added this article, in violation of New York law

and occurring in New York;

2. inform the transportation entity of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality, provided that the inspector general shall

maintain a written record that specifies the reason confidentiality is

necessary under this paragraph;

3. issue a subpoena or subpoenas requiring a person or persons to

appear before the grand jury, trial court, produce documents, provide a

sworn statement under oath and be examined in reference to any matter

within the jurisdiction of the inspector general. A subpoena issued

under this section shall be governed by article twenty-three of the

civil practice law and rules or articles one hundred ninety or six

hundred ten of the criminal procedure law. The inspector general or his

or her deputy or any person designated in writing by them may administer

an oath to a witness in any such investigation or prosecution and may

seek to confer immunity for compelled testimony pursuant to article

fifty of the criminal procedure law;

4. determine with respect to such allegations whether to initiate

civil or criminal prosecution, or make a referral for further

investigation by an appropriate federal, state or local agency or any

other office of inspector general as is warranted, and to assist in such

investigations; and

5. prepare and release to the public written reports of such

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses. The

release of all or portions of such reports may be deferred to protect

the confidentiality of ongoing investigations, provided that the

inspector general shall maintain a written record that specifies the

reason confidentiality is necessary under this subdivision.

ARTICLE 5 Department of Law

§ 60 — Department of law

Department of law. There shall continue to be in the state

government a department of law. The head of the department of law shall

be the attorney-general who shall receive an annual salary of one

hundred fifty-one thousand five hundred dollars.

§ 61 — Solicitor general

Solicitor general. There shall be in the department of law a

solicitor general who shall be appointed by the attorney-general and who

shall perform such duties in the place and stead of the attorney-general

as may lawfully be assigned to him. The attorney-general shall fix his

compensation within the amounts appropriated therefor.

§ 62 — Assistants

Assistants. 1. The attorney-general may appoint such assistant

attorneys-general, deputy assistant attorneys-general and attorneys as

he may deem necessary and fix their compensation within the amounts

appropriated therefor. Whenever deputy or deputy attorney-general is

referred to or designated in any law, contract or document such

references or designations shall be deemed to refer to and include

assistant attorneys-general, deputy assistant attorneys-general or

attorneys appointed by the attorney-general.

§ 63 — General duties

General duties. The attorney-general shall:

1. Prosecute and defend all actions and proceedings in which the state

is interested, and have charge and control of all the legal business of

the departments and bureaus of the state, or of any office thereof which

requires the services of attorney or counsel, in order to protect the

interest of the state, but this section shall not apply to any of the

military department bureaus or military offices of the state. No action

or proceeding affecting the property or interests of the state shall be

instituted, defended or conducted by any department, bureau, board,

council, officer, agency or instrumentality of the state, without a

notice to the attorney-general apprising him of the said action or

proceeding, the nature and purpose thereof, so that he may participate

or join therein if in his opinion the interests of the state so warrant.

2. Whenever required by the governor, attend in person, or by one of

his deputies, any term of the supreme court or appear before the grand

jury thereof for the purpose of managing and conducting in such court or

before such jury criminal actions or proceedings as shall be specified

in such requirement; in which case the attorney-general or his deputy so

attending shall exercise all the powers and perform all the duties in

respect of such actions or proceedings, which the district attorney

would otherwise be authorized or required to exercise or perform; and in

any of such actions or proceedings the district attorney shall only

exercise such powers and perform such duties as are required of him by

the attorney-general or the deputy attorney-general so attending. In all

such cases all expenses incurred by the attorney-general, including the

salary or other compensation of all deputies employed, shall be a county

charge.

3. Upon request of the governor, comptroller, secretary of state,

commissioner of transportation, superintendent of financial services,

commissioner of taxation and finance, commissioner of motor vehicles, or

the state inspector general, or the head of any other department,

authority, division or agency of the state, investigate the alleged

commission of any indictable offense or offenses in violation of the law

which the officer making the request is especially required to execute

or in relation to any matters connected with such department, and to

prosecute the person or persons believed to have committed the same and

any crime or offense arising out of such investigation or prosecution or

both, including but not limited to appearing before and presenting all

such matters to a grand jury.

4. Cause all persons indicted for corrupting or attempting to corrupt

any member or member-elect of the legislature, or the commissioner of

general services, to be brought to trial.

5. When required by the comptroller or the superintendent of public

works, prepare proper drafts for contracts, obligations and other

instruments for the use of the state.

6. Upon receipt thereof, pay into the treasury all moneys received by

him for debts due or penalties forfeited to the people of the state.

7. He may, on behalf of the state, agree upon a case containing a

statement of the facts and submit a controversy for decision to a court

of record which would have jurisdiction of an action brought on the same

case. He may agree that a referee, to be appointed in an action to which

the state is a party, shall receive such compensation at such rate per

day as the court in the order of reference may specify. He may with the

approval of the governor retain counsel to recover moneys or property

belonging to the state, or to the possession of which the state is

entitled, upon an agreement that such counsel shall receive reasonable

compensation, to be fixed by the attorney-general, out of the property

recovered, and not otherwise.

8. Whenever in his judgment the public interest requires it, the

attorney-general may, with the approval of the governor, and when

directed by the governor, shall, inquire into matters concerning the

public peace, public safety and public justice. For such purpose he may,

in his discretion, and without civil service examination, appoint and

employ, and at pleasure remove, such deputies, officers and other

persons as he deems necessary, determine their duties and, with the

approval of the governor, fix their compensation. All appointments made

pursuant to this subdivision shall be immediately reported to the

governor, and shall not be reported to any other state officer or

department. Payments of salaries and compensation of officers and

employees and of the expenses of the inquiry shall be made out of funds

provided by the legislature for such purposes, which shall be deposited

in a bank or trust company in the names of the governor and the

attorney-general, payable only on the draft or check of the

attorney-general, countersigned by the governor, and such disbursements

shall be subject to no audit except by the governor and the

attorney-general. The attorney-general, his deputy, or other officer,

designated by him, is empowered to subpoena witnesses, compel their

attendance, examine them under oath before himself or a magistrate and

require that any books, records, documents or papers relevant or

material to the inquiry be turned over to him for inspection,

examination or audit, pursuant to the civil practice law and rules. If a

person subpoenaed to attend upon such inquiry fails to obey the command

of a subpoena without reasonable cause, or if a person in attendance

upon such inquiry shall, without reasonable cause, refuse to be sworn or

to be examined or to answer a question or to produce a book or paper,

when ordered so to do by the officer conducting such inquiry, he shall

be guilty of a misdemeanor. It shall be the duty of all public officers,

their deputies, assistants and subordinates, clerks and employees, and

all other persons, to render and furnish to the attorney-general, his

deputy or other designated officer, when requested, all information and

assistance in their possession and within their power. Each deputy or

other officer appointed or designated to conduct such inquiry shall make

a weekly report in detail to the attorney-general, in form to be

approved by the governor and the attorney-general, which report shall be

in duplicate, one copy of which shall be forthwith, upon its receipt by

the attorney-general, transmitted by him to the governor. Any officer

participating in such inquiry and any person examined as a witness upon

such inquiry who shall disclose to any person other than the governor or

the attorney-general the name of any witness examined or any information

obtained upon such inquiry, except as directed by the governor or the

attorney-general, shall be guilty of a misdemeanor.

9. Bring and prosecute or defend upon request of the commissioner of

labor or the state division of human rights, any civil action or

proceeding, the institution or defense of which in his judgment is

necessary for effective enforcement of the laws of this state against

discrimination by reason of age, race, sex, creed, color, national

origin, sexual orientation, gender identity or expression, military

status, disability, predisposing genetic characteristics, familial

status, marital status, citizenship or immigration status, or domestic

violence victim status, or for enforcement of any order or determination

of such commissioner or division made pursuant to such laws.

10. Prosecute every person charged with the commission of a criminal

offense in violation of any of the laws of this state against

discrimination because of age, race, sex, creed, color, national origin,

sexual orientation, gender identity or expression, military status,

disability, predisposing genetic characteristics, familial status,

marital status, citizenship or immigration status, or domestic violence

victim status, in any case where in his judgment, because of the extent

of the offense, such prosecution cannot be effectively carried on by the

district attorney of the county wherein the offense or a portion thereof

is alleged to have been committed, or where in his judgment the district

attorney has erroneously failed or refused to prosecute. In all such

proceedings, the attorney-general may appear in person or by his deputy

or assistant before any court or any grand jury and exercise all the

powers and perform all the duties in respect of such actions or

proceedings which the district attorney would otherwise be authorized or

required to exercise or perform.

11. Prosecute and defend all actions and proceedings in connection

with safeguarding and enforcing the state's remainder interest in any

trust which meets the requirements of subparagraph two of paragraph (b)

of subdivision two of section three hundred sixty-six of the social

services law.

12. Whenever any person shall engage in repeated fraudulent or illegal

acts or otherwise demonstrate persistent fraud or illegality in the

carrying on, conducting or transaction of business, the attorney general

may apply, in the name of the people of the state of New York, to the

supreme court of the state of New York, on notice of five days, for an

order enjoining the continuance of such business activity or of any

fraudulent or illegal acts, directing restitution and damages and, in an

appropriate case, cancelling any certificate filed under and by virtue

of the provisions of section four hundred forty of the former penal law

or section one hundred thirty of the general business law, and the court

may award the relief applied for or so much thereof as it may deem

proper. The word "fraud" or "fraudulent" as used herein shall include

any device, scheme or artifice to defraud and any deception,

misrepresentation, concealment, suppression, false pretense, false

promise or unconscionable contractual provisions. The term "persistent

fraud" or "illegality" as used herein shall include continuance or

carrying on of any fraudulent or illegal act or conduct. The term

"repeated" as used herein shall include repetition of any separate and

distinct fraudulent or illegal act, or conduct which affects more than

one person. Notwithstanding any law to the contrary, all monies

recovered or obtained under this subdivision by a state agency or state

official or employee acting in their official capacity shall be subject

to subdivision eleven of section four of the state finance law.

In connection with any such application, the attorney general is

authorized to take proof and make a determination of the relevant facts

and to issue subpoenas in accordance with the civil practice law and

rules. Such authorization shall not abate or terminate by reason of any

action or proceeding brought by the attorney general under this section.

13. Prosecute any person for perjury committed during the course of

any investigation conducted by the attorney-general pursuant to statute.

In all such proceedings, the attorney-general may appear in person or by

his deputy or assistant before any court or any grand jury and exercise

all the powers and perform all the duties necessary or required to be

exercised or performed in prosecuting any such person for such offense.

15. In any case where the attorney general has authority to institute

a civil action or proceeding in connection with the enforcement of a law

of this state, in lieu thereof he may accept an assurance of

discontinuance of any act or practice in violation of such law from any

person engaged or who has engaged in such act or practice. Such

assurance may include a stipulation for the voluntary payment by the

alleged violator of the reasonable costs and disbursements incurred by

the attorney general during the course of his investigation. Evidence of

a violation of such assurance shall constitute prima facie proof of

violation of the applicable law in any civil action or proceeding

thereafter commenced by the attorney general.

16. (a) Notwithstanding any other law to the contrary, in resolving,

by agreed judgment, stipulation, decree, agreement to settle, assurance

of discontinuance or otherwise, any claim or cause of action, whether

filed or unfiled, actual or potential, and whether arising under common

law, equity, or any provision of law, a state agency or a state official

or employee acting in their official capacity shall not have the

authority to include or agree to include in such resolution any term or

condition that would provide the state agency, official, or employee,

their agent or designee, the settling party, or any third party with

control or discretion over how any moneys to be paid by the settling

party would be used, spent, or allocated.

(b) Paragraph (a) of this subdivision shall not apply to any provision

in the resolution of a claim or cause of action providing (1) moneys to

be distributed to the federal government, to a local government, or to

any holder of a bond or other debt instrument issued by the state, any

public authority, or any public benefit corporation; (2) moneys to be

distributed solely or exclusively as a payment of damages or restitution

to individuals or entities that were specifically injured or harmed by

the defendant's or settling party's conduct and that are identified in,

or can be identified by the terms of, the relevant judgment,

stipulation, decree, agreement to settle, assurance of discontinuance,

or relevant instrument resolving the claim or cause of action; (3)

moneys recovered or obtained by the attorney general where application

of paragraph (a) of this subdivision is prohibited by federal law, rule,

or regulation, or would result in the reduction or loss of federal funds

or eligibility for federal benefits pursuant to federal law, rule, or

regulation; (4) moneys recovered or obtained by or on behalf of a public

authority, a public benefit corporation, the department of taxation and

finance, the workers' compensation board, the New York state higher

education services corporation, the tobacco settlement financing

corporation, a state or local retirement system, an employee health

benefit program administered by the New York state department of civil

service, the Title IV-D child support fund, the lottery prize fund, the

abandoned property fund, or an endowment of the state university of New

York or any unit thereof or any state agency, provided that all of the

moneys received or recovered are immediately transferred to the relevant

public authority, public benefit corporation, department, fund, program,

or endowment; (5) moneys to be refunded to an individual or entity as

(i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan

payment, charge or surcharge; (ii) a return of seized assets; or (iii) a

payment made in error; (6) moneys to be used to prevent, abate, restore,

mitigate or control any identifiable instance of prior or ongoing water,

land or air pollution; and/or (7) state moneys received as part of any

statewide opioid settlement agreements as defined in section 25.18 of

the mental hygiene law, to be spent on eligible expenditures as defined

in section 25.18 of the mental hygiene law.

(c) Where an agreed judgment, stipulation, decree, agreement to

settle, assurance of discontinuance or other legal instrument resolves

(1) any claim or any cause of action asserted by a state agency or a

state official or employee acting in their official capacity and (2) any

claim or cause of action asserted by one or more foreign jurisdictions

or third parties, paragraph (a) of this subdivision shall only apply to

the resolution of the claim or cause of action asserted by the state

agency, official, or employee.

17. The attorney general may investigate and prosecute every person or

entity charged with the commission of a criminal offense in violation of

the laws of this state applicable to any crime that affects the title

to, encumbrance of, or the possession of real property, including but

not limited to deed theft, larceny, criminal possession of stolen

property, offering a false instrument for filing, falsifying business

records, residential mortgage fraud, or scheme to defraud. In all such

proceedings, the attorney general may appear in person or by the

attorney general's deputy before any court of record or any grand jury

and exercise all the powers and perform all the duties in respect of

such actions or proceedings which the district attorney would otherwise

be authorized or required to exercise or perform. Nothing herein shall

in any way abrogate, supersede, or interfere with the authority of the

district attorney of a county in which an offense occurs to investigate,

initiate and/or prosecute any such crime.

18. Notwithstanding any other law to the contrary, in any civil

enforcement action initiated by the attorney-general, neither the

attorney-general nor the department of law has, or shall be deemed to

have, possession, custody, or control of, or the right, authority, or

practical ability to obtain documents, communications, other

information, or personnel of any agency, entity, or authority other than

the department of law.

§ 63-a — Action by attorney-general for forfeiture of public office

Action by attorney-general for forfeiture of public office.

The attorney-general may maintain an action, upon his own information or

upon the complaint of a private person, against a public officer, civil

or military, who has done or suffered an act which by law works a

forfeiture of his office.

§ 63-b — Action by attorney-general against usurper of office or franchise

Action by attorney-general against usurper of office or

franchise. 1. The attorney-general may maintain an action, upon his own

information or upon the complaint of a private person, against a person

who usurps, intrudes into, or unlawfully holds or exercises within the

state a franchise or a public office, civil or military, or an office in

a domestic corporation. The attorney-general may set forth in the

complaint, in his discretion, the name of the person rightfully entitled

to the office and facts showing his right thereto. Judgment may be

rendered upon the right of the defendant and of the party so alleged to

be entitled, or only upon the right of the defendant, as justice

requires. Where two or more persons claim to be entitled to the same

office or franchise, the attorney-general may bring the action against

all to determine their respective rights thereto.

2. If the complaint sets forth the name of the person rightfully

entitled to the office and the facts showing his right thereto, a

provisional order to arrest the defendant may be granted by the court if

the defendant by means of his usurpation or intrusion has received any

fees or emoluments belonging to the office.

3. Where a defendant is adjudged to be guilty of usurping or intruding

into or unlawfully holding or exercising an office, franchise or

privilege, final judgment shall be rendered, ousting and excluding him

therefrom, and in favor of the state or the relator, as the case

requires, for the costs of the action. As a part of the final judgment

in an action for usurping or intruding into or unlawfully holding or

exercising an office, franchise or privilege, the court, in its

discretion, also may award that the defendant, or, where there are two

or more defendants, that one or more of them, pay to the state a fine

not exceeding two thousand dollars. The judgment for the fine may be

docketed and execution may be issued thereupon in favor of the state, as

if it had been rendered in an action to recover the fine.

4. Where final judgment has been rendered upon the right and in favor

of the person alleged in the complaint to be entitled to an office, he

may recover, by action against the defendant, the damages which he has

sustained in consequence of the defendant's usurpation, intrusion into,

unlawful holding or exercise of the office.

§ 63-c — Action by the people for illegal receipt or disposition of public funds or other property

Action by the people for illegal receipt or disposition of

public funds or other property. 1. Where any money, funds, credits, or

other property, held or owned by the state, or held or owned officially

or otherwise for or in behalf of a governmental or other public

interest, by a domestic, municipal, or other public corporation, or by a

board, officer, custodian, agency, or agent of the state, or of a city,

county, town, village or other division, subdivision, department, or

portion of the state, has heretofore been, or is hereafter, without

right obtained, received, converted, or disposed of, an action to

recover the same, or to recover damages or other compensation for so

obtaining, receiving, paying, converting, or disposing of the same, or

both, may be maintained by the state in any court of the state, or

before any court or tribunal of the United States, or of any other

state, or of any territory of the United States, or of any foreign

country, having jurisdiction thereof, although a right of action for the

same cause exists by law in some other public authority, and whether an

action therefor in favor of the latter is or is not pending when the

action in favor of the state is commenced. The attorney-general shall

commence an action, suit or other judicial proceeding, as prescribed in

this section, whenever he deems it for the interests of the state so to

do; or whenever he is so directed, in writing, by the governor.

2. Upon the commencement by the state of any action, suit or other

judicial proceeding, as prescribed in this section, the entire cause of

action, including the title to the money, funds, credits, or other

property, with respect to which the suit or action is brought, and to

the damages or other compensation recoverable for the obtaining,

receipt, payment, conversion or disposition thereof, if not previously

so vested, is transferred to and becomes absolutely vested in the state.

3. Any court of the state in which an action is brought by the state,

as prescribed in this section, may direct, by the final judgment

therein, or by a subsequent order, that any money, funds, damages,

credits, or other property, recovered by or awarded to the plaintiff

therein, which, if that action had not been brought, would not have

vested in the state, be disposed of, as justice requires, in such a

manner as to reinstate the lawful custody thereof, or to apply the same

or the proceeds thereof to the objects and purposes for which they were

authorized to be raised or procured; after paying into the state

treasury out of the proceeds of the recovery all expenses incurred by

the state in the action.

4. Any corporation, board, officer, custodian, agency, or agent, in

behalf of any city, county, town, village, or other division,

subdivision, department, or portion of the state, which was not a party

to an action, brought as prescribed in this section, and which claims to

be entitled to the custody or disposition of any of the money, funds,

damages, credits, or other property, recovered by, or awarded to the

plaintiff, by the final judgment in the action, or any of the proceeds

thereof, and not disposed of as prescribed in subdivision three, may

bring a special proceeding against the attorney-general at any time

after the actual collection of the money and its payment into the state

treasury, or the actual receipt of the property by the state, in the

supreme court, county of Albany, seeking disposition of the money or

other property.

5. Notwithstanding any other law to the contrary, including without

limitation; section sixty-four of this article; the education law; the

retirement and social security law and the administrative code of the

city of New York, the portion of all money received by the attorney

general in connection with the settlement of an action arising out of

the management, operation, investments of or otherwise in connection

with a retirement or other fund established pursuant to the education

law, the retirement and social security law or the administrative code

of the city of New York attributable to the harm suffered by such fund

shall be deposited into such fund.

§ 63-d — Attorney-general; death penalty prosecutions

Attorney-general; death penalty prosecutions. 1. The

attorney-general shall, whenever required by the governor or his

designee after a request of the governor by a district attorney, direct

that the resources and personnel of the department of law be used to

provide assistance relating to the prosecution or appeal of any case

where the defendant may be subject to the penalty of death. Such

assistance shall include the use of any department resource or services,

which the attorney-general deems proper, and may be performed or

provided by the attorney-general or any employee of the department of

law. Assistance pursuant to this section may only be provided with

respect to proceedings where:

(i) the defendant is represented by counsel appointed pursuant to the

provisions of section thirty-five-b of the judiciary law or the

defendant is receiving expert, investigative or other services pursuant

to such section, or

(ii) the defendant, through counsel retained privately by the

defendant through his or her own means or through the means of a person

other than the defendant, or through representation by pro bono counsel,

is able to marshal substantially greater legal and investigatory

resources than those reasonably available to the district attorney.

2. A request of the governor made by a district attorney for

assistance in a death penalty case shall be accompanied by a certificate

of need stating that as a result of cases where the defendant may be

subject to the penalty of death additional resources or personnel are

needed to supplement the district attorney's staff and available

resources in order to fulfill such district attorney's responsibilities.

§ 63-e — Office of immigrant trust

Office of immigrant trust. 1. (a) There is hereby established

an immigrant trust office in the department of law. The head of the unit

shall be appointed by the attorney general.

(b) Notwithstanding any other provision of law, rule, or regulation to

the contrary, the attorney general shall establish, through executive

order, processes and procedures for screening such unit head and the

entire unit from records, communication, and information related to the

civil defense of state officials and employees, and persons involved in

the civil defense of state officials and employees from records,

communication, and information relating to an investigation or

investigations by such unit relating to potential violation of this law.

The executive order establishing screens shall be sufficient to satisfy

the rules of professional conduct regarding conflicts and to protect the

rights of state officials and employees who are the subject of an

investigation or civil action under this section by ensuring that the

individuals conducting or otherwise involved in such investigation or

civil action do not have access to any non-public records or information

obtained in the course of the office's civil defense of state employees.

2. Notwithstanding any other provision of law, the immigrant trust

office shall establish and maintain a process to solicit and receive

complaints from the public alleging knowing, intentional, or willful

violations of article fifteen-AA of this chapter, section one hundred

seventy-k of this chapter, article nineteen-D of the general municipal

law, and section thirty-two hundred one-b of the education law, by state

and local entities, officers, or employees, or their contractors,

including the improper or unlawful use of state or local resources for

immigration enforcement and the improper or unlawful sharing of

information by state or local entities, officers, or employees, or their

contractors, with federal immigration authorities.

3. (a) The immigrant trust office shall have the power to investigate

complaints or violations of article fifteen-AA of this chapter, section

one hundred seventy-k of this chapter, article nineteen-D of the general

municipal law, and section thirty-two hundred one-b of the education

law. Such power shall also include the ability to:

(i) take proof and issue subpoenas in accordance with the civil

practice law and rules;

(ii) subpoena and enforce the attendance of witnesses;

(iii) administer oaths or affirmations and examine witnesses under

oath;

(iv) notwithstanding any laws to the contrary, examine and copy or

remove documents or records of any kind prepared, maintained, or held by

any employer or agency;

(v) visit and inspect all local correctional facilities, and speak

with people detained therein for the purposes of investigating potential

violations and ensuring compliance with this section; and

(vi) perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

(b) The attorney general shall have the powers enumerated under

paragraph (a) of this subdivision with respect to any entity covered by

article fifteen-AA of this chapter, section one hundred seventy-k of

this chapter, article nineteen-D of the general municipal law, and

section thirty-two hundred one-b of the education law, and its employees

and agents as outlined in this section, except:

(i) agencies under the executive authority of the governor;

(ii) entities that are statutorily entitled to representation by the

department of law;

(iii) entities whose officers and employees are statutorily entitled

to representation by the department of law; and

(iv) entities that are subject to the jurisdiction of the New York

court of claims.

(c) Upon referral by the governor, the attorney general shall have the

powers enumerated under paragraph (a) of this subdivision with regard to

employees and agents of:

(i) agencies under the executive authority of the governor;

(ii) entities that are statutorily entitled to representation by the

department of law pursuant to section seventeen of the public officers

law;

(iii) entities whose officers and employees are statutorily entitled

to representation by the department of law; and

(iv) entities that are subject to the jurisdiction of the New York

court of claims.

(d) Nothing in this section shall in any way limit rights or remedies

which are otherwise available under law to the attorney general or any

other person.

4. Upon receipt and review of a complaint, deemed credible, of a

violation of article fifteen-AA of this chapter, or section one hundred

seventy-k of this chapter, or upon its own initiative when the office

learns through the regular course of its duties of a suspected violation

of article fifteen-AA of this chapter, or section one hundred seventy-k

of this chapter, the office shall, where the alleged violation involves

a state agency or a state employee, transmit a request for a referral

regarding such credible complaint to the governor. The governor shall

review such request and make a determination on whether to refer the

matter to the office for investigation, and upon such referral back to

the office, the office shall investigate the alleged violation and, if

warranted, may commence a civil action for appropriate injunctive or

declaratory relief, enter into assurances of discontinuance, or seek the

imposition of a period of monitoring of the state entity by the office.

5. Upon receipt of a complaint deemed credible of a violation of

article nineteen-D of the general municipal law, or section one hundred

seventy-k of this chapter, or upon its own initiative when the office

learns through the regular course of its duties of a suspected violation

of article nineteen-D of the general municipal law, or section one

hundred seventy-k of this chapter that involves a county, locality, or

municipal corporation entity or employee, the office shall,

notwithstanding any other provision of law, investigate the matter and,

if warranted, may commence a civil action for appropriate injunctive or

declaratory relief, enter into assurances of discontinuance, or seek the

imposition of a period of monitoring of the municipal government entity

by the office.

6. Upon receipt of a complaint deemed credible of a violation of

section thirty-two hundred one-b of the education law or upon its own

initiative when the office learns through the regular course of its

duties of a suspected violation of such section, the office shall,

notwithstanding any other provision of law, investigate the matter and,

if warranted, may commence a civil action for appropriate injunctive or

declaratory relief, enter into assurances of discontinuance, or seek the

imposition of a period of monitoring of the school by the office.

§ 64 — Costs recovered

Costs recovered. Costs recovered by the attorney-general may be

applied by him in payment of the expenses incurred by him in the action

or proceeding in which they are received, or of any expenditure which he

is authorized to incur not otherwise provided for. He shall, at the

close of each fiscal year, render to the comptroller an account of such

costs received, with vouchers of such expenditures. During the fiscal

year, the comptroller is authorized to transfer any amount available

within the account dedicated for this purpose to the general fund, upon

the request of the director of the budget. In the event insufficient

cash remains in such account to meet expenditures against available

appropriations from such account, the comptroller is authorized to

transfer the amounts necessary to meet such expenditures from the

general fund; provided however that in no event shall the cumulative

value of any such transfers from the general fund made to such account

within a single fiscal year exceed ten percent of the value of the

appropriations made in such fiscal year from such account or the

cumulative balance of transfers from the account to the general fund.

The comptroller shall establish such accounts and records as are

necessary to provide an accurate accounting and reporting of the

transfers to or from the general fund.

§ 65 — Register

Register. The attorney-general shall keep a register of all

actions and proceedings prosecuted or defended by him, and of all

proceedings in relation thereto, and shall deliver the same to his

successor.

§ 66 — Destruction of certain records, books and other data by the attorney-general

Destruction of certain records, books and other data by the

attorney-general. In any action or proceeding or by other process of

law, in which a money judgment or award shall have been procured in

favor of the people of the state of New York, any department of the

state of New York, or duly constituted division, bureau or board

thereof, and which judgment or award has been duly paid and satisfied,

the department of law, with the consent of the commissioner of education

as provided by section one hundred forty-seven of the education law, may

after the expiration of six years from the time of payment of said

judgment or award destroy all statistics, documents and papers filed

with or used by the department of law in procuring said judgment or

award.

§ 67 — Additional counsel

Additional counsel. The governor or attorney-general may

designate and employ such additional attorneys or counsel as may be

necessary to assist in the transaction of any of the legal business

mentioned in section sixty-three of this chapter and such attorneys or

counsel shall be paid a reasonable fee upon the certificate of the

governor and attorney-general, the amount thereof to be audited and

allowed by them or to be paid by the attorney-general out of costs,

penalties and judgments collected by him, prior to the payment thereof

into the state treasury as required by section one hundred twenty-one of

the state finance law.

§ 70 — Deputy attorney-general to act as special district attorney

Deputy attorney-general to act as special district attorney.

Whenever the governor shall advise the attorney-general that he has

reason to doubt whether in any county the law relating to crimes against

the elective franchise is properly enforced, the attorney-general shall

require from the district attorney of such county, and it shall be the

duty of such district attorney forthwith to make to the attorney-general

a report of all prosecutions and complaints within his county during the

year then last past for offenses under the election law and of the

action had thereon.

The attorney-general shall assign one or more of his deputies to take

charge of prosecutions under the election law. Such deputy shall

represent the people of this state in all such prosecutions before all

magistrates and in all courts and before any grand jury having

cognizance thereof. The deputies so assigned shall be appointed pursuant

to section sixty-two of this chapter. They may be especially appointed

thereunder for the purpose of such assignment and for the performance of

the duties herein described.

Whenever the attorney-general shall advise the governor that there is

occasion for an extraordinary term in any such county to inquire into

and try cases arising under article sixteen of the election law, the

governor may appoint an extraordinary term of the supreme court to be

constituted and held for the trial of criminal cases in such county,

pursuant to section one hundred forty-nine of the judiciary law. Grand

and petit juries shall be drawn and summoned for said term in the manner

provided by law, and such cases shall be brought before such inquest and

court as the attorney-general shall direct. All the provisions of

sections sixty-three and sixty-seven of this chapter shall apply to such

extraordinary term.

It shall be the duty of the district attorney of the county, and of

the assistants, clerks and employees in his office, and of all police

authorities, officers and men within any such county, to render to the

attorney-general and his deputy whenever requested, all aid and

assistance within their power in such prosecutions and in the conduct of

such cases. The jurisdiction conferred upon the attorney-general herein

to prosecute crimes, is concurrent in each county with that of the

district attorney; but whichever of such officers shall first assume

jurisdiction of a particular offense shall have exclusive jurisdiction

to prosecute for the same unless or until the governor shall, by written

order filed with both such officers, give such jurisdiction to the

other.

§ 70-a — Statewide organized crime task force

Statewide organized crime task force. 1. There shall be

established within the department of law a statewide organized crime

task force which, pursuant to the provisions of this section, shall have

the duty and power:

(a) To conduct investigations and prosecutions of organized crime

activities carried on either between two or more counties of this state

or between this state and another jurisdiction;

(b) To cooperate with and assist district attorneys and other local

law enforcement officials in their efforts against organized crime.

2. Notwithstanding any other provision of law, the governor and the

attorney general may, and without civil service examination, jointly

appoint and employ, fix his compensation, and at pleasure remove, a

deputy attorney general in charge of the organized crime task force. The

attorney general may, and without civil service examination, appoint and

employ, and at pleasure remove, such assistant deputies, accountants and

other persons as he deems necessary, determine their duties and, with

the approval of the governor, fix their compensation. The payments of

salaries and compensation of such officers and employees shall be in the

same manner as is prescribed in subdivision eight of section sixty-three

of this chapter.

3. The deputy attorney general in charge of the organized crime task

force may request and shall receive from the division of state police,

the state department of taxation and finance, the state department of

labor, the temporary state commission of investigation, and from every

department, division, board, bureau, commission or other agency of the

state, or of any political subdivision thereof, cooperation and

assistance in the performance of his duties. Such deputy attorney

general may provide technical and other assistance to any district

attorney or other local law enforcement official requesting such

assistance in the investigation or prosecution of organized crime cases.

4. The deputy attorney general in charge of the organized crime task

force is empowered to conduct hearings at any place within the state, to

administer oaths or affirmations, subpoena witnesses, compel their

attendance, examine them under oath or affirmation, and require the

production of any books, records, documents or other evidence he may

deem relevant or material to an investigation. He is empowered to apply

for search warrants pursuant to article six hundred ninety of the

criminal procedure law, and, except in exigent circumstances, shall give

prior notice of the application to the district attorney of the county

in which such a warrant is to be executed, and in such circumstances,

shall give such notice as soon thereafter as practicable; provided,

however, that the failure to give notice of a search warrant application

to a district attorney shall not be a ground to suppress the evidence

seized in executing the warrant. He may designate an assistant to

exercise any such powers. Every witness attending before such deputy

attorney general or his assistant shall be examined privately and the

particulars of such examination shall not be made public. If a person

subpoenaed to attend upon such inquiry fails to obey the command of a

subpoena without reasonable cause, or if a person in attendance upon

such inquiry shall, without reasonable cause, refuse to be sworn or to

be examined or to answer a question or to produce a book or paper, when

ordered so to do by the officer conducting such inquiry, he shall be

guilty of a class A misdemeanor.

5. Upon the application of the deputy attorney general in charge of

the organized crime task force, the supreme court or a justice thereof

may impound any exhibit marked in evidence in any hearing held in

connection with an investigation conducted by such deputy attorney

general, and may order such exhibit to be retained by, or delivered to

and placed in the custody of, such deputy. When so impounded, such

exhibit shall not be taken from the custody of such deputy except upon

further order of the court or a justice thereof made upon five days

notice to such deputy, or upon his application or with his consent.

6. In any hearing held in connection with an investigation conducted

by the deputy attorney general in charge of the organized crime task

force, the attorney general may confer immunity in accordance with the

provisions of section 50.20 of the criminal procedure law, but only

after affording the appropriate district attorney the opportunity to be

heard in respect to any objections which he may have to the granting of

such immunity.

7. With the approval of the governor and with the approval or upon the

request of the appropriate district attorney, the deputy attorney

general in charge of the organized crime task force, or one of his

assistants, may attend in person any term of the county court or supreme

court having appropriate jurisdiction, including an extraordinary

special or trial term of the supreme court when one is appointed

pursuant to section one hundred forty-nine of the judiciary law, or

appear before the grand jury thereof, for the purpose of managing and

conducting in such court or before such jury a criminal action or

proceeding concerned with an offense where any conduct constituting or

requisite to the completion of or in any other manner related to such

offense occurred either in two or more counties of this state, or both

within and outside this state. In such case, such deputy attorney

general or his assistant so attending shall exercise all the powers and

perform all the duties in respect of such actions or proceedings, which

the district attorney would otherwise be authorized or required to

exercise or perform. In any of such actions or proceedings the district

attorney shall only exercise such powers and perform such duties as are

required of him by such deputy attorney general.

§ 70-b — Office of special investigation

Office of special investigation. 1. There shall be established

within the office of the attorney general an office of special

investigation. Notwithstanding any other provision of law, the office of

special investigation shall investigate and, if warranted, prosecute any

alleged criminal offense or offenses committed by a person, whether or

not formally on duty, who is a police officer, as defined in subdivision

thirty-four of section 1.20 of the criminal procedure law, or a peace

officer as defined in section 2.10 of the criminal procedure law,

provided that such peace officer is employed or contracted by an

education, public health, social service, parks, housing or corrections

agency, or is a peace officer as defined in subdivision twenty-five of

section 2.10 of the criminal procedure law, concerning any incident in

which the death of a person, whether in custody or not, is caused by an

act or omission of such police officer or peace officer or in which the

attorney general determines there is a question as to whether the death

was in fact caused by an act or omission of such police officer or peace

officer.

2. The attorney general has investigative authority and criminal

jurisdiction under this section at the time of the death of the person

and the attorney general retains investigative authority and criminal

jurisdiction over the incident unless the attorney general determines

that such incident does not meet the requirements of this section. If

the attorney general determines the incident does not meet the

requirements for the attorney general to have investigative authority

and criminal jurisdiction pursuant to this section, the attorney general

shall, as soon as practicable, provide written notice of such

determination to the district attorney for the county in which the

incident occurred.

3. In connection with any particular incident encompassed by this

section, the attorney general shall conduct a full, reasoned and

independent investigation, including but not limited to: (a) gathering

and analyzing evidence; (b) conducting witness interviews; (c) reviewing

and commissioning any necessary investigative and scientific reports;

and (d) reviewing audio and video-recordings. The attorney general shall

be empowered to subpoena witnesses, compel their attendance, examine

them under oath before himself or herself or a magistrate and require

that any books, records, documents or papers relevant or material to the

inquiry be turned over to him or her for inspection, examination or

audit, pursuant to the civil practice law and rules, in connection with

such incident.

3-a. (a) The attorney general shall maintain the confidentiality of

all video footage and audio recordings received and reviewed.

(b) Disclosure of any audio recordings or video footage shall be

delayed, at the attorney general's discretion, only if such a disclosure

would compromise an ongoing criminal investigation or prosecution, or at

the request of the decedent's family.

(c) Redactions of audio records or video footage shall be made

pursuant to its video release policy.

(d) Nothing in this subdivision shall be construed to prohibit or

restrict the disclosure of audio recordings or video footage to any

person or entity otherwise lawfully entitled to receive such recordings

or footage pursuant to law, court order, or lawful process.

4. The attorney general shall have criminal jurisdiction over any

criminal conduct arising from any incident herein, and shall exercise

all of the powers and perform all of the duties with respect to such

actions or proceedings that a district attorney would otherwise be

authorized or required to exercise or perform, including all the powers

necessary to prosecute acts and omissions and alleged acts and omissions

to obstruct, hinder or interfere with any inquiry, prosecution, trial or

judgment arising from the incident. The criminal jurisdiction of the

office of special investigation shall displace and supersede the

jurisdiction of the district attorney where the incident occurred; and

such district attorney shall only have the powers and duties reserved to

him or her in writing by the attorney general.

5. The attorney general shall designate a deputy attorney general for

special investigation to exercise the powers and duties of the office of

special investigation, who shall be in the exempt class of the civil

service. The deputy attorney general may designate deputies or

assistants, who shall be in the exempt class of the civil service, as

necessary and appropriate. The other employees of the office of special

investigation within the department of law, who are not otherwise

exempt, shall all be in the competitive class of the civil service and

shall be considered for purposes of article fourteen of the civil

service law to be public employees in the civil service of the state,

and shall be assigned to the appropriate collective bargaining unit.

Employees serving in positions in newly created titles shall be assigned

to the same collective bargaining units as they would have been assigned

to were such titles created prior to the establishment of the office of

special investigation within the department of law by this chapter. The

deputy attorney general for special investigation may appear and conduct

proceedings in person or by his or her deputy or assistant before any

court or grand jury in connection with proceedings under this section.

6. (a) For any incident under this section, the office of special

investigation shall issue a public report and post the report on its

website whenever the office of special investigation initiates an

investigation and (i) the office of special investigation declines to

present evidence to a grand jury or (ii) the office of special

investigation does present evidence to a grand jury but the grand jury

declines to return indictment on any charges. The report will include,

to the extent possible and lawful, the results of the investigation of

the incident.

(b) The report shall also include: (i) with respect to subparagraph

(i) of paragraph (a) of this subdivision, an explanation as to why the

office of special investigation declined to present evidence to a grand

jury; and (ii) any recommendations for systemic or other reforms arising

from the investigation.

7. Six months after this subdivision takes effect, and annually on

such date thereafter, the office of special investigation shall issue a

report, which shall be made available to the public and posted on the

website of the department of law, which shall provide information on the

matters investigated by such office during such reporting period. The

information presented shall include, but not be limited to: the county

and geographic location of each matter investigated; a description of

the circumstances of each case; racial, ethnic, age, gender and other

demographic information concerning the persons involved or alleged to be

involved; information concerning whether a criminal charge or charges

were filed against any person involved or alleged to be involved in such

matter; the nature of such charges; and the status or, where applicable,

outcome with respect to all such criminal charges. Such report shall

also include recommendations for any systemic or other reforms

recommended as a result of such investigations.

8. (a) Notwithstanding any other provision of law, rule or regulation

to the contrary, in a matter in which the attorney general's authority

established under this section conflicts, or has a reasonable risk of

conflicting, with the attorney general's representation of state

employees in civil litigation under section seventeen of the public

officers law, the attorney general may designate a deputy attorney

general or assistant attorney general, including any person designated

under subdivision five of this section, as provided by section nine of

the public officers law, to act as attorney general for that matter in

the attorney general's stead.

(b) Notwithstanding any other provision of law, rule or regulation to

the contrary, the attorney general shall establish through rules and

regulations, processes and procedures for screening (i) the person so

designated pursuant to paragraph (a) of this subdivision, and the entire

prosecution team, from records, communication, and information related

to the civil defense of a police officer or peace officer as defined in

subdivision one of this section, and (ii) persons involved in the civil

defense of a police officer or peace officer as defined in subdivision

one of this section from records, communication, and information related

to the investigation and, where appropriate, prosecution of state peace

or police officers under this section. The rules and regulations

establishing screens shall be sufficient to satisfy the rules of

professional conduct regarding conflicts and to protect the rights of

state peace and police officers who are the subject of an investigation

or prosecution under this section by ensuring that the individuals

conducting or otherwise involved in such investigation or prosecution do

not have access to any confidential information obtained in the course

of the office's civil defense of state employees.

§ 70-c — Task force on social media and violent extremism

Task force on social media and violent extremism. 1.

Establishment and organization. (a) There is hereby established a task

force on social media and violent extremism within the department of

law.

(b) The attorney general may appoint or assign a deputy attorney

general and/or one or more assistants to serve on the task force.

(c) The mission of the task force on social media and violent

extremism shall be to study, investigate, and make recommendations

relating to the use, operations, policies, programs, and practices of

online social media companies and any role they may have in promoting,

facilitating, and providing platforms for individuals and groups to plan

and promote acts of violence, including but not limited to, the use of

such platforms to: initiate threats against public safety or against a

specific group of individuals based on an actual or perceived

classification or characteristic; communicate or plan for criminal

activity, including but not limited to, hate crimes, acts of domestic

terrorism, or acts of domestic terrorism motivated by hate; spread

extremist content; and aid in the radicalization and mobilization of

extremist individuals or groups.

2. Functions and duties. Subject to appropriations made available

therefor, the task force shall have the following duties and

responsibilities:

(a) to receive and investigate complaints from any source, or upon its

own initiative, allegations involving the use and role of social media

platforms in broadcasting, streaming, promoting, or otherwise

facilitating acts of violence as described in paragraph (c) of

subdivision one of this section;

(b) to determine, with respect to such allegations, whether social

media companies may be civilly or criminally liable for their role in

promoting, facilitating, or providing a platform for individuals and

groups to plan and promote acts of violence as described in paragraph

(c) of subdivision one of this section, or whether further investigation

by the department of law is warranted or whether a referral to an

appropriate federal, state or local law enforcement agency is necessary,

and to assist in such investigations, if requested by a federal, state,

or local law enforcement agency;

(c) to prepare and make public reports regarding the work of the task

force, provided, however that such reports shall not include

confidential or other protected information or any information that

pertains to or may interfere with ongoing or future investigations;

(d) to review and examine periodically the use, operations, policies,

programs, and practices of social media companies and any role they may

have in promoting, facilitating, and providing platforms for individuals

and groups to plan and promote acts of violence as described in

paragraph (c) of subdivision one of this section;

(e) to cooperate with and assist the division of homeland security and

emergency services or any other state or local agency as may be

appropriate in their efforts to counter acts of violence as described in

paragraph (c) of subdivision one of this section;

(f) to review the final report of the domestic terrorism task force

established pursuant to section six of part R of chapter fifty-five of

the laws of two thousand twenty, setting forth the findings,

conclusions, recommendations, and activities of the task force, to

examine and evaluate how to prevent mass shootings by domestic

terrorists in New York state in furtherance of the goals of the task

force on social media and violent extremism;

(g) to recommend remedial action to prevent the use of social media

platforms by individuals and groups to plan and promote acts of violence

as described in paragraph (c) of subdivision one of this section;

(h) on an annual basis, to submit to the governor, the temporary

president of the senate, the speaker of the assembly, the minority

leader of the senate and the minority leader of the assembly, no later

than December thirty-first, a report summarizing the activities of the

task force and recommending specific changes to state law to further the

mission of the task force on social media and violent extremism; and

(i) to perform any other functions and duties that are necessary or

appropriate to fulfill the duties and responsibilities of the task

force.

3. Powers. In executing its duties under subdivision two of this

section, the task force shall have the power to:

(a) subpoena and enforce the attendance of witnesses;

(b) administer oaths or affirmations and examine witnesses under oath;

(c) request and receive from the division of homeland security and

emergency services, the division of state police, the division of

criminal justice services, and from every department, division, board,

bureau, commission or other agency of the state, or of any political

subdivision thereof, cooperation and assistance in the performance of

its duties;

(d) provide technical and other assistance to any district attorney or

other local law enforcement official requesting such assistance in the

investigation or prosecution of cases involving the role of social media

platforms in broadcasting, streaming, promoting, or otherwise

facilitating acts of violence as described in paragraph (c) of

subdivision one of this section; and

(e) conduct hearings at any place within the state and require the

production of any books, records, documents or other evidence he or she

may deem relevant or material to an investigation.

§ 71 — Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adop...

Attorney-general authorized to appear in cases involving the

constitutionality of an act of the legislature, or a rule or regulation

adopted pursuant thereto. 1. Whenever the constitutionality of a

statute, or a rule or regulation adopted pursuant thereto is brought

into question upon the trial, hearing or appeal of any action or

proceeding, civil or criminal, in any court of record of original or

appellate jurisdiction, and proof of the notice of such constitutional

challenge, as required by paragraph one of subdivision (b) of section

one thousand twelve of the civil practice law and rules, has not been

filed, the court or justice before whom such action or proceeding is

pending, shall make an order, directing the party desiring to raise such

question, to serve notice thereof on the attorney-general, and providing

that the attorney-general be permitted to appear at any such trial or

hearing in support of the constitutionality of such statute, or rule or

regulation adopted pursuant thereto. The court or justice before whom

any such action or proceeding is pending may also make such order upon

the application of any party thereto, and the court shall make such

order in any such action or proceeding upon motion of the

attorney-general. When such order has been made in any manner mentioned

in this section and notice pursuant to such order has been given, the

attorney-general shall be permitted to appear in such action or

proceeding in support of the constitutionality of such statute, or a

rule or regulation adopted pursuant thereto.

2. In the event the constitutionality of a statute, or rule or

regulation adopted pursuant thereto is brought into question and the

party questioning such constitutionality, or any other party to the

action or proceeding serves the attorney-general pursuant to paragraph

one of subdivision (b) of section one thousand twelve of the civil

practice law and rules, proof of such service upon the attorney-general

shall be accepted by the court in satisfaction of the provisions of

subdivision one of this section.

3. The court having jurisdiction in an action or proceeding in which

the constitutionality of a statute, rule or regulation is challenged,

shall not consider any challenge to the constitutionality of such

statute, rule or regulation unless proof of service of the notice

required by this section or required by subdivision (b) of section one

thousand twelve of the civil practice law and rules is filed with such

court.

§ 72 — When costs payable to relator

When costs payable to relator. Where security is given by

relator in an action brought by the attorney-general on the relation or

information of a person having an interest, all costs and disbursements

taxed in favor of the plaintiff shall be payable to the relator.

§ 73 — Power to administer oaths and take acknowledgments

Power to administer oaths and take acknowledgments. The

attorney-general of the state of New York and all deputies and

assistants appointed by him pursuant to section sixty-two of the

executive law, who have duly qualified, shall have the power, while

acting as such, to administer oaths and take affidavits and

acknowledgments and proofs of written instruments to be read in

evidence, anywhere within the state of New York, except such instruments

as now are required by law to be recorded to create constructive notice

thereof.

§ 74 — Welfare inspector general

Welfare inspector general. 1. Definitions. For the purposes of

this section, the following definitions shall apply:

a. "Inspector" means the welfare inspector general created by this

section.

b. "Investigation" means, investigations of fraud, abuse, or illegal

acts perpetrated within the department of social services or local

social services districts, or by contractees or recipients of public

assistance services as provided by the department of social services.

c. "Office" means the office of the welfare inspector general created

by this section.

2. a. There is hereby created in the department of law within the

office of the deputy attorney general for medicaid fraud control an

office of welfare inspector general. The head of the office shall be

the welfare inspector general, who shall be appointed by the governor,

by and with the advice and consent of the senate.

b. The inspector shall serve for a term of five years unless removed

by the governor for neglect or malfeasance in office, and may also be

removed for neglect or malfeasance by the senate upon a vote of

two-thirds of its members. An inspector removed from office may not be

reappointed to such office.

c. The inspector may not be employed with the department of social

services during his employment with the office or within two years after

terminating employment with the office.

3. Functions, duties and responsibilities. The inspector shall have

the following functions, duties and responsibilities:

a. to appoint such deputies, directors, assistants and other officers

and employees as may be needed for the performance of his duties and may

prescribe their powers and fix their compensation within the amounts

appropriated therefor;

b. to conduct and supervise investigations relating to the programs of

the department of social services and, to the greatest extent possible,

to coordinate such activities with the deputy attorney general for

medicaid fraud control, the commissioner of social services, the

commissioner of health, the commissioner of education, the fiscal agent

employed to operate the medicaid management information system, and the

state comptroller;

c. to keep the governor, attorney general, state comptroller,

president pro tem and minority leader of the senate, the speaker and the

minority and majority leaders of the assembly, apprised of fraud and

abuse;

d. to prosecute fraud, abuse or illegal acts perpetrated within the

department of social services or local social services districts, or by

contractees or recipients of public assistance services;

e. to make information and evidence relating to criminal acts which he

may obtain in carrying out his duties available to appropriate law

enforcement officials and to consult with the deputy attorney general

for medicaid fraud control and local district attorneys to coordinate

investigations and criminal prosecutions;

f. to subpoena witnesses, administer oaths or affirmations, take

testimony and compel the production of such books, papers, records and

documents as he may deem to be relevant to an investigation undertaken

pursuant to this section;

g. to monitor the implementation by the relevant office of his

recommendations and those of other investigative agencies;

h. to recommend policies relating to the prevention and detection of

fraud and abuse or the identification and prosecution of participants in

such fraud or abuse; and

i. to receive complaints of alleged failures of state and local

officials to prevent, detect and prosecute fraud and abuse.

4. Cooperation of agency officials and employees. a. In addition to

the authority otherwise provided by this section, the inspector, in

carrying out the provisions of this section, is authorized:

(i) to have full and unrestricted access to all records, reports,

audits, reviews, documents, papers, recommendations or other material

available to the department of social services and local social services

districts relating to programs and operations with respect to which the

inspector has responsibilities under this section;

(ii) to make such investigations relating to the administration of the

programs and operations of the department of social services as are, in

the judgment of the inspector, necessary or desirable; and

(iii) to request such information, assistance and cooperation from any

federal, state or local governmental department, board, bureau,

commission, or other agency or unit thereof as may be necessary for

carrying out the duties and responsibilities enjoined upon him by this

section. State and local agencies or units thereof are hereby authorized

and directed to provide such information, assistance and cooperation.

b. Notwithstanding any other provision of law, rule or regulation to

the contrary, no person shall prevent, seek to prevent, interfere with,

obstruct or otherwise hinder any investigation being conducted pursuant

to this section. Section one hundred thirty-six of the social services

law shall in no way be construed to restrict any person or governmental

body from cooperating and assisting the inspector or his employees in

carrying out their duties under this section. Any violation of this

paragraph shall constitute cause for suspension or removal from office

or employment.

5. Establishment period. The governor shall nominate the initial

inspector as soon as is practicable but in no event later than sixty

days after the effective date of this section.

6. Reports required of the inspector. The inspector shall, no later

than February first of each year submit to the governor, the state

comptroller, the attorney general and the legislature a report

summarizing the activities of the office during the preceding calendar

year.

7. Disclosure of information. a. The inspector shall not publicly

disclose information which is:

(i) a part of any ongoing investigation; or

(ii) specifically prohibited from disclosure by any other provision of

law.

b. Notwithstanding paragraph a of this subdivision, any report under

this section may be disclosed to the public in a form which includes

information with respect to a part of an ongoing criminal investigation

if such information has been included in a public record.

§ 75 — Law enforcement misconduct investigative office

Law enforcement misconduct investigative office. 1.

Jurisdiction. This section shall, subject to the limitations contained

in this section, confer upon the law enforcement misconduct

investigative office jurisdiction over all covered agencies. For the

purposes of this section "covered agency" means an agency of any

political subdivision within the state maintaining a police force or

police forces of individuals defined as police officers in section 1.20

of the criminal procedure law, provided however, covered agency does not

include any agency, public authority, or other entity under the

jurisdiction of the state inspector general pursuant to article four-A

of the executive law, the metropolitan transportation authority

inspector general pursuant to section one thousand two hundred

seventy-nine of the public authorities law, or the port authority

inspector general pursuant to chapter one hundred fifty-four of the laws

of nineteen twenty-one.

2. Establishment and organization. (a) There is hereby established the

law enforcement misconduct investigative office in the department of

law. The head of the office shall be a deputy attorney general who shall

be appointed by the attorney general.

(b) Such deputy attorney general may appoint one or more assistants to

serve at his or her pleasure.

(c) The salary for the head of such office shall be established within

the limit of funds available therefore; provided, however, such salary

shall be no less than the salaries of certain state officers holding the

positions indicated in paragraph (a) of subdivision one of section one

hundred sixty-nine of this chapter.

(d) The mission of the law enforcement misconduct investigative office

shall be to review, study, audit and make recommendations relating to

the operations, policies, programs and practices, including ongoing

partnerships with other law enforcement agencies, of state and local law

enforcement agencies with the goal of enhancing the effectiveness of law

enforcement, increasing public safety, protecting civil liberties and

civil rights, ensuring compliance with constitutional protections and

local, state and federal laws, and increasing the public's confidence in

law enforcement.

3. Functions and duties. The deputy attorney general shall have the

following duties and responsibilities:

(a) receive and investigate complaints from any source, or upon his or

her own initiative, concerning allegations of corruption, fraud, use of

excessive force, criminal activity, conflicts of interest or abuse in

any covered agency;

(b) inform the heads of covered agencies of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality;

(b-1) promptly inform the division of criminal justice services, in

the form and manner prescribed by the division, of such allegations and

the progress of investigations related thereto unless special

circumstances require confidentiality. Nothing in this paragraph shall

require the division of criminal justice services to participate in the

investigation of such allegations or take action or prevent the division

of criminal justice services from taking action authorized pursuant to

subdivision three of section eight hundred forty-five of this chapter in

the time and manner determined by the commissioner of the division of

criminal justice services;

(c) determine with respect to such allegations whether disciplinary

action, civil or criminal prosecution, or further investigation by an

appropriate federal, state or local agency is warranted, and to assist

in such investigations, if requested by such federal, state, or local

agency;

(d) prepare and release to the public written reports of

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses and

other information that would be exempt from disclosure under article six

of the public officers law. The release of all or portions of such

reports may be temporarily deferred to protect the confidentiality of

ongoing investigations;

(e) review and examine periodically the policies and procedures of

covered agencies with regard to the prevention and detection of

corruption, fraud, use of excessive force, criminal activity, conflicts

of interest and abuse;

(f) recommend remedial action to prevent or eliminate corruption,

fraud, use of excessive force, criminal activity, conflicts of interest

and abuse in covered agencies; and

(g) investigate patterns, practices, systemic issues, or trends

identified by analyzing actions, claims, complaints, and investigations,

including, but not limited to, any patterns or trends regarding

departments, precincts, and commands; and

(h) on an annual basis, submit to the governor, the attorney general,

the temporary president of the senate, the speaker of the assembly, the

minority leader of the senate and the minority leader of the assembly,

no later than December thirty-first, a report summarizing the activities

of the office and recommending specific changes to state law to further

the mission of the law enforcement misconduct investigative office.

4. Powers. The deputy attorney general shall have the power to:

(a) subpoena and enforce the attendance of witnesses;

(b) administer oaths or affirmations and examine witnesses under oath;

(c) require the production of any books and papers deemed relevant or

material to any investigation, examination or review;

(d) notwithstanding any law to the contrary, examine and copy or

remove documents or records of any kind prepared, maintained or held by

any covered agency;

(e) require any officer or employee in a covered agency to answer

questions concerning any matter related to the performance of his or her

official duties. No statement or other evidence derived therefrom may be

used against such officer or employee in any subsequent criminal

prosecution other than for perjury or contempt arising from such

testimony. The refusal of any officer or employee to answer questions

shall be cause for removal from office or employment or other

appropriate penalty;

(f) monitor the implementation by covered agencies of any

recommendations made by the law enforcement misconduct investigative

office; and

(g) perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

5. Responsibilities of covered agencies, officers and employees. (a)

Every officer or employee in a covered agency shall report promptly to

the law enforcement misconduct investigative office any information

concerning corruption, fraud, use of excessive force, criminal activity,

conflicts of interest or abuse by another officer or employee relating

to his or her office or employment, or by a person having business

dealings with a covered agency relating to those dealings. The knowing

failure of any officer or employee to so report shall be cause for

removal from office or employment or other appropriate penalty. Any

officer or employee who acts pursuant to this subdivision by reporting

to the law enforcement misconduct investigative office shall not be

subject to dismissal, discipline or other adverse personnel action.

(b) Upon receiving at least five complaints from five or more

individuals relating to at least five separate incidents involving a

certain officer or employee within two years, the head of any covered

agency shall refer such complaints to the law enforcement misconduct

investigative office for review. The law enforcement misconduct

investigative office shall investigate such complaints to determine

whether the subject officer or employee has engaged in a pattern or

practice of misconduct, use of excessive force, or acts of dishonesty.

The referral and investigation pursuant to this subdivision shall be in

addition to and shall not supersede any civil, criminal, administrative

or other action or proceeding relating to such complaints or the subject

officer or employee.

(c) The head of any covered agency shall advise the governor, the

temporary president of the senate, the speaker of the assembly, the

minority leader of the senate, the minority leader of the assembly and

the division of criminal justice services within ninety days of the

issuance of a report by the law enforcement misconduct investigative

office as to the remedial action that the agency has taken in response

to any recommendation for such action contained in such report.

(d) Nothing in this section shall be construed to impede, infringe, or

diminish the rights, privileges, benefits or remedies that accrue to any

employee pursuant to any agreement entered into pursuant to article

fourteen of the civil service law.

ARTICLE 6 Department of State

§ 90 — Department of state; secretary of state

Department of state; secretary of state. There shall be in the

state government a department of state. The head of the department shall

be the secretary of state who shall be appointed by the governor by and

with the advice and consent of the senate and hold office until the end

of the term of the governor by whom he was appointed and until his

successor is appointed and has qualified. The secretary of state shall

receive an annual salary within the amount appropriated therefor and his

reasonable expenses when necessarily absent on public business

pertaining to the duties of his office.

In addition to those divisions created and continued within the

Department of State by other statutes, the secretary of state may

establish such other divisions and bureaus in the department of state as

he may deem necessary. He may prescribe the duties and powers of such

divisions and bureaus which shall be exercised and performed under his

supervision.

§ 91 — Rules

Rules. Subject to and in conformity with the provisions of the

constitution and laws of the state, the secretary of state may adopt and

promulgate such rules which shall regulate and control the exercise of

the powers of the department of state and the performance of the duties

of officers, agents and other employees thereof.

§ 92 — Deputies

Deputies. The secretary of state shall appoint a deputy, who may

perform all the duties of the secretary of state. Any such deputy shall

receive an annual salary to be fixed by the secretary of state within

the amount appropriated therefor. The secretary of state may also

appoint and fix the compensation of such other deputies, assistants and

employees as he shall deem necessary within the amount appropriated

therefor and prescribe their powers and duties.

§ 93 — Custody of records

Custody of records. 1. The secretary of state shall have the

custody of all laws and concurrent resolutions of the legislature, all

documents issued under the great seal, all books, records, deeds,

parchments, maps and papers deposited or kept in his or her office, and

shall properly arrange and preserve them.

2. The records in the custody of the secretary of state need not be

retained in the form in which the record is received so long as the

technology used to retain such record results in a permanent record

which may be accurately reproduced during the period for which the

record is required to be retained. The secretary of state may promulgate

rules and regulations relating to the use by the department of state of

automatic data processing, telecommunications and other information

technologies for the processing of records for retention by the

department of state.

§ 93-a — Examination of reports

Examination of reports. The secretary of state shall examine

all reports required to be filed with the department of state pursuant

to article seven-A of this chapter in order to determine the nature and

extent of the in-kind support provided by any covered entity to one or

more recipient entities, as such terms are defined in section one

hundred seventy-two-e of this chapter, and the nature and extent of

covered communications by any covered entity, as such terms are defined

in section one hundred seventy-two-f of this chapter. Notwithstanding

any inconsistent provision of law, whenever the secretary of state, in

consultation with the department of taxation and finance or the

department of law, determines that the nature and extent of a covered

entity's in-kind support to other entities or the nature and extent of a

covered entity's spending on covered communications is inconsistent with

the charitable purposes of such covered entity, the secretary shall

cause the reports required by article seven-A of this chapter filed by

such entity to be published on the website of the department of state

upon such finding. Provided, however, that such publishing shall not

include the names and addresses of individual donors to covered entities

nor shall such publishing include the covered entity's Internal Revenue

Service Form 990 Schedule B. The secretary shall report to the governor,

the temporary president of the senate and the speaker of the assembly,

by December thirty-first, two thousand twenty-two, and annually

thereafter, on topics including but not limited to: the nature and

extent of in-kind support provided by covered entities to recipient

entities, as such terms are defined in section one hundred seventy-two-e

of this chapter and the nature and extent of expenditures for covered

communications. The secretary may request the assistance of the

department of taxation and finance or the department of law in order to

complete this report. Provided however that such report shall not

include the names and addresses of individual donors to covered entities

nor shall such report include the covered entity's Internal Revenue

Service Form 990 Schedule B.

§ 94 — Commission on ethics and lobbying in government

Commission on ethics and lobbying in government. 1. (a)

Commission established. There is hereby established within the

department of state, a commission on ethics and lobbying in government,

an agency responsible for administering, enforcing, and interpreting New

York state's ethics and lobbying laws. The commission shall have and

exercise the powers and duties set forth in this section with respect to

statewide elected officials, members of the legislature and employees of

the legislature, and state officers and employees as defined in sections

seventy-three, seventy-three-a, and seventy-four of the public officers

law, candidates for statewide elected office and for the senate or

assembly, and the political party chair as is defined in section

seventy-three of the public officers law, lobbyists and the clients of

lobbyists as defined in section one-c of the legislative law, and

individuals who have formerly held such positions, were lobbyists or

clients of lobbyists as defined in section one-c of the legislative law,

or who have formerly been such candidates.

(b) The commission shall provide for the transfer, assumption or other

disposition of the records, property, and personnel affected by this

section, and it is further provided, should any employees be transferred

from the joint commission on public ethics ("JCOPE"), the predecessor

ethics agency, to the commission, that such transfer will be without

further examination or qualification and such employees shall retain

their respective civil service classifications, status and collective

bargaining agreements.

(c) The commission shall review any pending inquiries or matters

affected by this section and shall establish policies to address them.

(d) The commission shall undertake a comprehensive review of all

regulations in effect upon the effective date of this section; and

review of all advisory opinions of predecessor ethics agencies,

including JCOPE, the legislative ethics commission, the commission on

public integrity, the state ethics commission, and the temporary

lobbying commission, which will address the consistency of such

regulations and advisory opinions among each other and with the new

statutory language, and of the effectiveness of the existing laws,

regulations, guidance and ethics enforcement structure.

(e) This section shall not be deemed to have revoked or rescinded any

regulations or advisory opinions in effect on the effective date of this

section that were issued by predecessor ethics and lobbying bodies. The

commission shall cooperate, consult, and coordinate with the legislative

ethics commission, to the extent possible, to administer and enforce the

laws under its jurisdiction.

(f) The annual budget submitted by the governor shall separately state

the recommended appropriations for the commission on ethics and lobbying

in government. Upon enactment, these separately stated appropriations

for the commission on ethics and lobbying in government shall not be

decreased by interchange with any other appropriation, notwithstanding

section fifty-one of the state finance law.

2. Definitions. For the purposes of this section, the following terms

shall have the following meanings:

(a) "commission" means the commission on ethics and lobbying in

government established pursuant to subdivision one of this section.

(b) "selection members" means the governor, speaker of the assembly,

temporary president of the senate, minority leader of the senate,

minority leader of the assembly, comptroller, and the attorney general.

(c) "independent review committee" means the committee of the American

Bar Association accredited New York state law school deans or interim

deans, or their designee who is an associate dean of their respective

law school, tasked with reviewing, approving, or denying the members of

the commission as nominated by the selection members and other tasks

pursuant to this section.

(d) "respondent" means the individual or individuals or organization

or organizations subject to an inquiry, investigation, or enforcement

action.

(e) "victim" means any individual that has suffered or alleged to have

suffered direct harm from any violation of law that is subject to

investigation under the jurisdiction of the commission.

3. Nomination and appointment of the commission. (a) The commission

shall consist of eleven members, to be nominated by the selection

members as follows: three members by the governor; two members by the

temporary president of the senate; one member by the minority leader of

the senate; two members by the speaker of the assembly; one member by

the minority leader of the assembly; one member by the attorney general;

and one member by the comptroller.

(b) The independent review committee shall within thirty days review

the qualifications of the nominated candidates and approve or deny each

candidate nominated by their respective selection member.

(c) The independent review committee shall publish on its website a

procedure by which it will review the qualifications of the nominated

candidate and approve or deny each candidate.

(d) Those candidates that the independent review committee deems to

meet the qualifications necessary for the services required based on

their background and expertise that relate to the candidate's potential

service on the commission shall be appointed as a commission member. The

nominating selection member shall nominate a new candidate for those

that are denied by the independent review committee.

(e) No individual shall be eligible for nomination and appointment as

a member of the commission who is currently, or has within the last two

years:

(i) been registered as a lobbyist in New York state;

(ii) been a member or employee of the New York state legislature, a

statewide elected official, or a commissioner of an executive agency

appointed by the governor;

(iii) been a political party chair, as defined in section

seventy-three of the public officers law; or

(iv) been a state officer or employee as defined in section

seventy-three of the public officers law.

(f) The independent review committee shall convene as needed or as

requested by the selection members. The chair of the independent review

committee shall be elected from the members of the independent review

committee.

(g) Appropriate staffing and other resources shall be provided for in

the commission's budget for the independent review committee to carry

out its powers, functions, and duties. The independent review committee

shall publish on the commission's website a procedure by which it will

review and select the commission members and other processes to

effectuate its responsibilities under this section.

(h) The majority of the independent review committee shall constitute

a quorum to hold a meeting and conduct official business.

(i) During the pendency of the review and approval or denial of the

candidates, the independent review committee shall be subject to and

maintain confidentiality in all independent review committee processes,

reviews, analyses, approvals, and denials. A member of the independent

review committee may be removed by majority vote of the committee for

substantial neglect of duty, misconduct, violation of the

confidentiality restrictions set forth in this section, inability to

discharge the powers or duties of the committee or violation of this

section, after written notice and opportunity for a reply.

(j) Upon the receipt of the selection members' appointments, members

of the independent review committee shall disclose to the independent

review committee any personal, professional, financial, or other direct

or indirect relationships a member of the independent review committee

may have with an appointee. If the independent review committee

determines a conflict of interest exists, such independent review

committee member shall, in writing, notify the other members of the

independent review committee of the possible conflict. The member may

recuse themself from all subsequent involvement in the consideration of

and action upon the appointment. If, after disclosure, the member does

not recuse themself from the matter, the independent review committee,

by majority vote finding the disclosed information creates a substantial

conflict of interest, may remove the conflicted member from further

consideration of and action upon the appointment.

(k) Notwithstanding the provisions of article seven of the public

officers law, no meeting or proceeding of the independent review

committee shall be open to the public, except the applicable records

pertaining to the review and selection process for a member's seat shall

be subject to disclosure pursuant to article six of the public officers

law only after an individual member is appointed to the commission.

Requests for such records shall be made to, and processed by, the

commission's records access officer.

(l) The independent review committee shall neither be public officers

nor be subject to the requirements of the public officers law.

(m) Notwithstanding subdivision (l) of this section, the independent

review committee members shall be entitled to representation,

indemnification, and to be held harmless to the same extent as any other

person employed in service of the state and entitled to such coverage

under sections seventeen and nineteen of the public officers law,

provided however, that any independent review committee member removed

due to a violation of paragraph (i) of this subdivision shall not

qualify for such entitlements.

4. Commission. (a) The first class of members of the commission shall

serve staggered terms to ensure continuity. For the first class of the

commission, the governor's first appointee shall serve an initial term

of four years, their second appointee shall serve an initial term of two

years, and their third appointee shall serve an initial term of one

year; the attorney general's appointee shall serve an initial term of

four years; the comptroller's appointee shall serve an initial term of

four years; the temporary president of the senate's first appointee

shall serve an initial term of four years and their second appointee

shall serve a term of two years; the minority leader of the senate's

appointee shall serve an initial term of four years; the speaker of the

assembly's first appointee shall serve initial terms of four years and

their second appointee shall serve a term of two years; and the minority

leader of the assembly's appointee shall serve a term of four years. All

subsequent members shall serve a term of four years. No member shall be

selected to the commission for more than two full consecutive terms,

except that a member who has held the position by filling a vacancy can

only be selected to the commission for an additional two full

consecutive terms.

(b) The commission by majority vote shall elect a chairperson from

among its members for a term of two years. A chairperson may be elected

to no more than two terms for such office.

(c) Members of the commission may be removed by majority vote of the

commission for substantial neglect of duty, misconduct in office,

violation of the confidentiality restrictions set forth in this section,

inability to discharge the powers or duties of office or violation of

this section, after written notice and opportunity for a reply.

(d) Any vacancy occurring on the commission shall be filled within

thirty days of its occurrence in the same manner as a member is

initially selected to complete the vacant term.

(e) During the period of a member's service as a member of the

commission, the member shall refrain from making, or soliciting from

other persons, any contributions to candidates, political action

committees, political parties or committees, newsletter funds, or

political advertisements for election to the offices of governor,

lieutenant governor, member of the assembly or the senate, attorney

general or state comptroller.

(f) Members of the commission shall receive a per diem allowance equal

to the salary of a justice of the supreme court divided by two hundred

twenty for each day or each pro-rated day actually spent in the

performance of the member's duties under this section, and, in addition

thereto, shall be reimbursed for all reasonable expenses actually and

necessarily incurred by the member in the performance of the member's

duties under this section. For the purposes of this subdivision, a day

shall consist of at least seven and one-half hours spent in the

performance of the member's duties under this section.

(g) The commission shall meet at least quarterly and additionally as

called by the chairperson, or upon the call of a majority of the members

of the commission. The commission shall be subject to articles six and

seven of the public officers law.

(h) A majority of the members of the commission shall constitute a

quorum, and the commission shall have the power to act by majority vote

of the total number of members of the commission without vacancy.

(i) The commission shall hold a public hearing at least once each

calendar year to take testimony regarding the operation of the

commission and solicit public input regarding potential or proposed

changes in the laws under its jurisdiction.

5. Powers. (a) The commission has the authority to: (i) adopt, amend,

and rescind any rules and regulations pertaining to section

seventy-three, seventy-three-a or seventy-four of the public officers

law, article one-A of the legislative law, or section one hundred seven

of the civil service law; (ii) adopt, amend, and rescind any procedures

of the commission, including but not limited to, procedures for advice

and guidance, training, filing, review, and enforcement of financial

disclosure statements, investigations, enforcement, and due process

hearings; and (iii) develop and promulgate any programs for reviews,

training, and guidance to carry out the commission's mission.

(b) The commission shall adopt and post on its website guidance

documents detailing the processes and procedures of an investigation,

including the stages of an investigation; timelines, including the

reasons for any potential delays in an investigation; the hearing and

adjudication process; outcomes of an investigation; and, anything else

the commission deems necessary to inform the public as well as relevant

parties to an investigation including complainants, respondents,

victims, if any, and witnesses as to such processes and procedures. The

guidance documents shall delineate the processes and procedures that

apply to the relevant parties, including, where applicable, the due

process and any other rights or remedies that the relevant party may

have under the commission's procedures or any other area of law. The

guidance documents shall be provided to the relevant party of an

investigation upon such party's involvement in such investigation.

(c) The commission has the authority to compel the testimony of

witnesses, and may administer oaths or affirmations, subpoena witnesses,

compel their attendance and require the production of any books or

records which it may deem relevant or material.

6. Executive director and commission staff. The commission shall:

(a) (i) Appoint an executive director through a majority vote of the

members of the commission, who shall act in accordance with the policies

of the commission. The executive director shall be appointed without

regard to political affiliation and solely on the basis of fitness to

perform the duties assigned by this section, and meet the qualifications

necessary for the services required based on their background and

expertise that relate to the candidate's potential service to the

commission. No individual shall be eligible to be appointed as an

executive director if the individual is currently, or within the last

two years has been:

(1) registered as a lobbyist in New York state;

(2) a member or employee of the New York state legislature or a

statewide elected official, or a commissioner of an executive agency

appointed by the governor; or

(3) a political party chair, as defined in section seventy-three of

the public officers law.

(ii) The appointment and removal of the executive director shall be

made by a majority vote of the commission.

(iii) The term of office of the executive director shall be four years

from the date of appointment. The salary of the executive director shall

be determined by the members of the commission based on experience.

(iv) The commission may remove the executive director for neglect of

duty, misconduct in office, violation of the confidentiality

restrictions in this section, or inability or failure to discharge the

powers or duties of office, including the failure to follow the lawful

instructions of the commission.

(b) The commission may delegate authority to the executive director to

act in the name of the commission between meetings of the commission

provided such delegation is in writing, the specific powers to be

delegated are enumerated, and the commission shall not delegate any

decisions specified in this section that require a vote of the

commission.

(c) The commission, through the executive director, shall establish

units within the commission to carry out it duties, including, but not

limited to, (i) an advice and guidance unit, (ii) a training unit, (iii)

a financial disclosure unit, (iv) a lobbying unit, and (v) an

investigations and enforcement unit.

(d) The commission, through the executive director, shall appoint such

other staff as are necessary to carry out its duties under this section,

including, but not limited to, a deputy director of an advice and

guidance unit to provide timely confidential advice to persons subject

to the commission's jurisdiction, a deputy director for training, a

deputy director for investigations and enforcement, and a deputy

director for lobbying.

(e) In addition to meeting the qualifications necessary for the

services required for the position, the deputy director for

investigations and enforcement shall have completed substantial training

and have experience in trauma-informed approaches to investigations and

enforcement. The deputy director for investigations and enforcement

shall complete a minimum of four hours of training annually in

trauma-informed approaches to investigations and enforcement. Such

trainings may include, but not be limited to, the impact of trauma,

first impression matters, victim interviews, investigative strategies,

and alcohol and drug facilitated cases.

(f) The commission, through the executive director, shall review and

approve a staffing plan provided and prepared by the executive director

which shall contain, at a minimum, a list of the various units and

divisions as well as the number of positions in each unit, titles and

their duties, and salaries, as well as the various qualifications for

each position.

7. Advice and guidance. (a) The commission shall establish a unit or

units solely for ethics and lobbying guidance, and give such prompt,

informal advice to persons whose conduct it oversees, except with

respect to members of the legislature and legislative staff, who shall

seek advice from the legislative ethics commission in the first

instance.

(b) Persons receiving such informal advice may rely on that advice

absent misrepresentation or omission of material facts to the commission

and such communications with the commission shall be treated as

confidential, except as disclosure is needed to prevent or rectify a

crime or fraud, or prevent a substantial threat to public health or

safety or if required by court order.

(c) The commission may also render, on written request or on its own

initiative, advisory opinions, and may allow for public comment before

issuance of an advisory opinion. Such an opinion rendered by the

commission shall be relied on by those subject to the commission's

jurisdiction and until, or unless, amended, superseded, or revoked. Such

opinion may also be relied upon by any such person, and may be

introduced and shall be a defense, in any criminal or civil action.

8. Training. The commission shall establish a training unit and shall

develop and administer an on-going program for the education and

training in ethics and lobbying for those subject to the provisions of

this section, as follows:

(a) The commission shall develop and administer a comprehensive and

interactive live-in person or live-online ethics training course and

shall designate and train instructors to conduct such training. Such

live course shall be designed to include practical application of the

material covered and a question-and-answer participatory segment. Unless

the commission grants an extension or waiver for good cause shown,

statewide elected officials, members of the legislature and employees of

the legislature, and state officers and employees as defined in sections

seventy-three, seventy-three-a, and seventy-four of the public officers

law, and the political party chair as is defined in section

seventy-three of the public officers law, shall complete the live course

within ninety days of appointment or employment and shall complete the

live course every two years subsequently.

(b) The commission shall develop and administer an online ethics

refresher course for all individuals listed under subparagraph (i) of

this paragraph who have previously completed the live course. Such

refresher course shall be designed to include any changes in law,

regulation, or policy or in the interpretation thereof, and practical

application of the material covered. Unless the commission grants an

extension or waiver for good cause shown, such individuals shall take

such refresher course once every year after having completed the live

course under paragraph (a) of this subdivision.

(c) The commission shall develop and administer an online live

question and answer course for agency ethics officers.

(d) The commission shall develop and administer training courses for

lobbyists and clients of lobbyists and adopt regulations and procedures

related to such training courses including, but not limited to,

establishing deadlines for training course completion.

(d-1) The commission may impose a fee upon lobbyists and clients of

lobbyists for late completion of the training course required by this

subdivision, as set forth in section one-d of the legislative law.

(e) The provisions of this subdivision shall be applicable to the

legislature except to the extent that an ethics training program is

otherwise established by the assembly and/or senate for their respective

members and employees and such program meets or exceeds each of the

requirements set forth in this subdivision.

(f) On an annual basis, the commission, in coordination with the

legislative ethics commission, shall determine the status of compliance

with the training requirements under this subdivision by each state

agency and by the senate and the assembly. Such determination shall

include aggregate statistics regarding participation in such training

and shall be reported on a quarterly basis to the governor and the

legislature in writing.

9. Financial disclosure statements. (a) The commission may delegate

all or part of review, inquiry and advice in this section to the staff

under the supervision of the executive director.

(b) The commission shall make available forms for annual statements of

financial disclosure required to be filed pursuant to section

seventy-three-a of the public officers law.

(c) The commission shall review the financial disclosure statements of

the statewide elected officials and members of the legislature within

sixty days of their filings to determine, among other things,

deficiencies and conflicts.

(d) The commission shall review on a random basis the financial

disclosure statements for filers who are not statewide elected officials

and members of the legislature.

(e) The commission shall review financial disclosure statements filed

in accordance with the provisions of this section and (i) inquire into

any disclosed conflict to recommend how best to address such conflict;

and

(ii) ascertain whether any person subject to the reporting

requirements of section seventy-three-a of the public officers law has

failed to file such a statement, has filed a deficient statement or has

filed a statement which reveals a possible violation of section

seventy-three, seventy-three-a or seventy-four of the public officers

law.

(f) If a person required to file a financial disclosure statement with

the commission has failed to file a disclosure statement or has filed a

deficient statement, the commission shall notify the reporting person in

writing, state the failure to file or detail the deficiency, provide the

person with a fifteen-day period to cure the deficiency, and advise the

person of the penalties for failure to comply with the reporting

requirements. This first notice of deficiency shall be confidential. If

the person fails to make such filing or fails to cure the deficiency

within the specified time period, the commission shall send a notice of

delinquency (i) to the reporting person; (ii) in the case of a statewide

elected official, to the chief of staff or counsel to the statewide

elected official; (iii) in the case of a member of the legislature or a

legislative employee, to the temporary president of the senate and the

speaker of the assembly; and (iv) in the case of a state officer,

employee or board member, to the appointing authority for such person.

Such notice of delinquency may be sent at any time during the reporting

person's service as a statewide elected official, state officer or

employee, member of the assembly or the senate, or a legislative

employee or a political party chair or while a candidate for statewide

office, or within one year after termination of such service or

candidacy. A copy of any notice of delinquency or report shall be

included in the reporting person's file and be available for public

inspection and copying pursuant to the provisions of this section. The

jurisdiction of the commission, when acting pursuant to this subdivision

with respect to financial disclosure, shall continue for two years

notwithstanding that the reporting person separates from state service,

or ceases to hold public or political party office, or ceases to be a

candidate, provided the commission notifies such person of the alleged

failure to file or deficient filing pursuant to this subdivision.

(g) The commission shall adopt a procedure whereby a person who is

required to file an annual financial disclosure statement with the

commission may request an additional period of time within which to file

such statement, other than members of the legislature, candidates for

members of the legislature and legislative employees, due to justifiable

cause or undue hardship.

(h) The commission may permit any person who is required to file a

financial disclosure statement with the commission to request that the

commission delete from the copy thereof made available for public

inspection and copying one or more items of information which may be

deleted by the commission upon a finding by the commission that the

information which would otherwise be required to be made available for

public inspection and copying will have no material bearing on the

discharge of the reporting person's official duties. If such request for

deletion is denied, the commission, in its notification of denial, shall

inform the person of their right to appeal the commission's

determination in a proceeding commenced against the commission, pursuant

to article seventy-eight of the civil practice law and rules.

(i) The commission may permit any person who is required to file a

financial disclosure statement with the commission to request an

exemption from any requirement to report one or more items of

information which pertain to such person's spouse, domestic partner, or

unemancipated children which item or items may be exempted by the

commission upon a finding by the commission that the reporting

individual's spouse, domestic partner, on their own behalf, or on behalf

of an unemancipated child, objects to providing the information

necessary to make such disclosure and that the information which would

otherwise be required to be reported shall have no material bearing on

the discharge of the reporting person's official duties. If such request

for exemption is denied, the commission, in its notification of denial,

shall inform the person of their right to appeal the commission's

determination, pursuant to article seventy-eight of the civil practice

law and rules.

(j) The commission may permit any person required to file a financial

disclosure statement to request an exemption from any requirement to

report the identity of a client pursuant to the question under

subparagraph (b) of paragraph eight of subdivision three of section

seventy-three-a of the public officers law in such statement based upon

an exemption set forth in such question. The reporting individual need

not seek an exemption to refrain from disclosing the identity of any

client with respect to any matter where they or their firm provided

legal representation to the client in connection with an investigation

or prosecution by law enforcement authorities, bankruptcy, or domestic

relations matters. In addition, clients or customers receiving medical

or dental services, mental health services, residential real estate

brokering services, or insurance brokering services need not be

disclosed. Pending any application for deletion or exemption to the

commission relating to the filing of a financial disclosure statement,

all information which is the subject or part of the application shall

remain confidential. Upon an adverse determination by the commission,

the reporting individual may request, and upon such request the

commission shall provide, that any information that is the subject or

part of the application remain confidential for a period of thirty days

following notice of such determination. In the event that the reporting

individual resigns their office and holds no other office subject to the

jurisdiction of the commission, the information shall not be made public

and shall be expunged in its entirety.

(k) The commission shall permit any person who has not been determined

by the person's appointing authority to hold a policy-making position,

but who is otherwise required to file a financial disclosure statement

to request an exemption from such requirement in accordance with rules

and regulations governing such exemptions. Such rules and regulations

shall provide for exemptions to be granted either on the application of

an individual or on behalf of persons who share the same job title or

employment classification which the commission deems to be comparable

for purposes of this section. Such rules and regulations may permit the

granting of an exemption where, in the discretion of the commission, the

public interest does not require disclosure and the applicant's duties

do not involve the negotiation, authorization or approval of:

(i) contracts, leases, franchises, revocable consents, concessions,

variances, special permits, or licenses as such terms are defined in

section seventy-three of the public officers law;

(ii) the purchase, sale, rental or lease of real property, goods or

services, or a contract therefor;

(iii) the obtaining of grants of money or loans; or

(iv) the adoption or repeal of any rule or regulation having the force

and effect of law.

10. Investigation and enforcement. (a) The commission shall receive

complaints and referrals alleging violations of section seventy-three,

seventy-three-a or seventy-four of the public officers law, article

one-A and section five-b of the legislative law, or section one hundred

seven of the civil service law.

(b) Upon the receipt of a complaint, referral, or the commencement of

an investigation, members of the commission shall disclose to the

commission any personal, professional, financial, or other direct or

indirect relationships a member of the commission may have with a

complainant or respondent. If any commissioner determines a conflict of

interest may exist, the commissioner shall, in writing, notify the other

members of the commission setting forth the possible conflict of

interest. The commissioner may recuse themself from all subsequent

involvement in the consideration and determination of the matter. If,

after the disclosure, the commissioner does not recuse themself from the

matter, the commission, by a majority vote finding that the disclosed

information creates a substantial conflict of interest, shall remove the

conflicted commissioner from all subsequent involvement in the

consideration and determination of the matter, provided the reason for

the decision is clearly stated in the determination of the commission.

(c) The commission shall conduct any investigation necessary to carry

out the provisions of this section. Pursuant to this power and duty, the

commission may administer oaths or affirmations, subpoena witnesses,

compel their attendance and testimony, and require the production of any

books or records which it may deem relevant or material. The commission

may, by a majority vote and pursuant to regulations adopted pursuant to

the state administrative procedure act, delegate to the executive

director the authority to issue subpoenas, provided that the executive

director first notify the chair of the commission.

(d) The commission staff shall review and investigate, as appropriate,

any information in the nature of a complaint or referral received by the

commission or initiated by the commission, including through its review

of media reports and other information, where there is specific and

credible evidence that a violation of section seventy-three,

seventy-three-a, or seventy-four of the public officers law, section one

hundred seven of the civil service law or article one-A of the

legislative law by a person or entity subject to the jurisdiction of the

commission including members of the legislature and legislative

employees and candidates for members of the legislature.

(e) The commission shall notify the complainant, if any, that the

commission has received their complaint.

(f) If, following a preliminary review of any complaint or referral,

the commission or commission staff decides to elevate such preliminary

review into an investigation, written notice shall be provided to the

respondent setting forth, to the extent the commission is able to, the

possible or alleged violation or violations of such law and a

description of the allegations against the respondent and the evidence,

if any, already gathered pertaining to such allegations, provided

however that any information that may, in the judgment of the commission

or staff, either be prejudicial to the complainant or compromise the

investigation shall be redacted. The respondent shall have fifteen days

from receipt of the written notice to provide any preliminary response

or information the respondent determines may benefit the commission or

commission staff in its work. After the review and investigation, the

staff shall prepare a report to the commission setting forth the

allegation or allegations made, the evidence gathered in the review and

investigation tending to support and disprove, if any, the allegation or

allegations, the relevant law, and a recommendation for the closing of

the matter as unfounded or unsubstantiated, for settlement, for

guidance, or moving the matter to a confidential due process hearing.

The commission shall, by majority vote, return the matter to the staff

for further investigation or accept or reject the staff recommendation.

(g) In an investigation involving a victim the commission shall ensure

that any interview of such victim is upon such victim's consent and that

the investigator or investigators interviewing such victim have adequate

trauma informed and victim centered investigative training. If a victim

is requested to testify at a hearing, the commission shall provide

sufficient notice to the victim of such request. Regardless of whether a

victim is requested to or testifies at a hearing, the victim shall be

informed as to how any statements made or information provided will be

used in an investigation.

(h) Upon the conclusion of an investigation, if the commission, after

consideration of a staff report, determines by majority vote that there

is credible evidence of a violation of the laws under its jurisdiction,

it shall provide the respondent timely notice for a due process hearing.

The commission shall also inform the respondent of its rules regarding

the conduct of adjudicatory proceedings and appeals and the other due

process procedural mechanisms available to the respondent. If after a

hearing the complaint is unsubstantiated or unfounded, the commission

shall provide written notice to the respondent, complainant, if any, and

victim, if any, provided that such notice shall not include any

personally identifying information or information tending to identify

any party involved in an investigation.

(i) The hearing shall be conducted before an independent arbitrator.

Such hearing shall afford the respondent with a reasonable opportunity

to appear in person, and by attorney, give sworn testimony, present

evidence, and cross-examine witnesses.

(j) The commission may, at any time, develop procedures and rules for

resolution of de minimus or minor violations that can be resolved

outside of the enforcement process, including the sending of a

confidential guidance or educational letter.

(k) The jurisdiction of the commission when acting pursuant to this

section shall continue notwithstanding that a statewide elected official

or a state officer or employee or member of the legislature or

legislative employee separates from state service, or a political party

chair ceases to hold such office, or a candidate ceases to be a

candidate, or a lobbyist or client of a lobbyist ceases to act as such,

provided that the commission notifies such individual or entity of the

alleged violation of law within two years from the individual's

separation from state service or termination of party service or

candidacy, or from the last report filed pursuant to article one-A of

the legislative law. Nothing in this section shall serve to limit the

jurisdiction of the commission in enforcement of subdivision eight of

section seventy-three of the public officers law.

(l) If the commission's vote to proceed to a due process hearing after

the completion of an investigation does not carry, the commission shall

provide written notice of the decision to the respondent, complainant,

if any, and victim, if any, provided that such notice shall not include

any personally identifying information or information tending to

identify any party involved in an investigation.

(m) If the commission determines a complaint or referral lacks

specific and credible evidence of a violation of the laws under its

jurisdiction, or a matter is closed due to the allegations being

unsubstantiated prior to a vote by the commission, such records and all

related material shall be exempt from public disclosure under article

six of the public officers law, except the commission's vote shall be

publicly disclosed in accordance with articles six and seven of the

public officers law. The commission shall provide written notice of

such closure to the respondent, complainant, if any, or victim, if any,

provided that such notice shall not include any personally identifying

information or information tending to identify any party involved in an

investigation.

(n) (i) An individual subject to the jurisdiction of the commission

who knowingly and intentionally violates the provisions of subdivisions

two through five-a, seven, eight, twelve or fourteen through seventeen

of section seventy-three of the public officers law, section one hundred

seven of the civil service law, or a reporting individual who knowingly

and willfully fails to file an annual statement of financial disclosure

or who knowingly and willfully with intent to deceive makes a false

statement or fraudulent omission or gives information which such

individual knows to be false on such statement of financial disclosure

filed pursuant to section seventy-three-a of the public officers law,

shall be subject to a civil penalty in an amount not to exceed forty

thousand dollars and the value of any gift, compensation or benefit

received as a result of such violation.

(ii) An individual who knowingly and intentionally violates the

provisions of paragraph a, b, c, d, e, g, or i of subdivision three of

section seventy-four of the public officers law, shall be subject to a

civil penalty in an amount not to exceed ten thousand dollars and the

value of any gift, compensation or benefit received as a result of such

violation.

(iii) An individual subject to the jurisdiction of the commission who

knowingly and willfully violates article one-A of the legislative law

shall be subject to civil penalty as provided for in that article.

(iv) With respect to a potential violation of any criminal law where

the commission finds sufficient cause by a majority vote, it shall refer

such matter to the appropriate law enforcement authority for further

investigation.

(v) In assessing the amount of the civil penalties to be imposed, the

commission shall consider the seriousness of the violation, the amount

of gain to the individual and whether the individual previously had any

civil or criminal penalties imposed pursuant to this section, and any

other factors the commission deems appropriate.

(vi) A civil penalty for false filing shall not be imposed under this

subdivision in the event a category of "value" or "amount" reported

hereunder is incorrect unless such reported information is falsely

understated.

(vii) Notwithstanding any other provision of law to the contrary, no

other penalty, civil or criminal may be imposed for a failure to file,

or for a false filing, of such statement, or a violation of subdivision

six of section seventy-three of the public officers law or section one

hundred seven of the civil service law, except that the commission may

recommend that the individual in violation of such subdivision or

section be disciplined.

(o) The commission shall be deemed to be an agency within the meaning

of article three of the state administrative procedure act and shall

adopt rules governing the conduct of adjudicatory proceedings and

appeals taken pursuant to a proceeding commenced under article

seventy-eight of the civil practice law and rules relating to the

assessment of the civil penalties or the recommendation of employee

discipline herein authorized. Such rule shall provide for due process

procedural mechanisms substantially similar to those set forth in

article three of the state administrative procedure act but such

mechanisms need not be identical in terms or scope.

(p) (i) The commission shall have jurisdiction to investigate, but

shall have no jurisdiction to impose penalties or discipline upon

members of or candidates for member of the legislature or legislative

employees for any violation of the public officers law or section one

hundred seven of the civil service law. If, after investigation and a

due process hearing, the commission has found, by a majority vote, a

substantial basis to conclude that a member of the legislature or a

legislative employee or candidate for member of the legislature has

violated any provisions of such laws, it shall prepare a written report

of its findings and provide a copy of that report to the legislative

ethics commission, and to such individual in violation of such law. The

commission shall provide to the legislative ethics commission copies of

the full investigative file and hearing record.

(ii) With respect to the investigation of any individual who is not a

member of the legislature or a legislative employee or candidate for

member of the legislature, if after its investigation and due process

hearing, the commission has found, by a majority vote, a substantial

basis to conclude that the individual or entity has violated the public

officers law, section one hundred seven of the civil service law, or the

legislative law, the commission shall determine whether, in addition to

or in lieu of any fine authorized by this article, the matter should be

referred to their employer for discipline with a warning, admonition,

censure, suspension or termination or other appropriate discipline. With

regard to statewide elected officials, the commission may not order

suspension or termination but may recommend impeachment. The commission

shall then issue a report containing its determinations including its

findings of fact and conclusions of law to the complainant and

respondent. The commission shall publish such report on its website

within twenty days of its delivery to the complainant and respondent.

11. Confidentiality. (a) When an individual becomes a commissioner or

staff of the commission, such individual shall be required to sign a

non-disclosure statement.

(b) Except as otherwise required or provided by law, or when necessary

to inform the complainant or respondent of the alleged violation of law,

if any, of the status of an investigation, testimony received, or any

other information obtained by a commissioner or staff of the commission,

shall not be disclosed by any such individual to any person or entity

outside of the commission during the pendency of any matter. Any

confidential communication to any person or entity outside the

commission related to the matters before the commission shall occur only

as authorized by the commission. For the purposes of this paragraph,

"matter" shall mean any complaint, review, inquiry, or investigation

into alleged violations of this chapter.

(c) The commission shall establish procedures necessary to prevent the

unauthorized disclosure of any information received by any member of the

commission or staff of the commission. Any breaches of confidentiality

may be investigated by the New York state office of the inspector

general, attorney general, or other appropriate law enforcement

authority upon a majority vote of the commission to refer, and

appropriate action shall be taken.

(d) Any commission member or person employed by the commission who

intentionally and without authorization releases confidential

information received or generated by the commission shall be guilty of a

class A misdemeanor.

12. Annual report. (a) The commission shall make an annual public

report summarizing the activities of the commission during the previous

year and recommending any changes in the laws governing the conduct of

persons subject to the jurisdiction of the commission, or the rules,

regulations and procedures governing the commission's conduct. Such

report shall include, but is not limited to:

(i) information on the number and type of complaints received by the

commission and the status of such complaints;

(ii) information on the number of investigations pending and nature of

such investigations;

(iii) where a matter has been resolved, the date and nature of the

disposition and any sanction imposed; provided, however, that such

annual report shall not contain any information for which disclosure is

not permitted pursuant to this section or other laws;

(iv) information regarding financial disclosure compliance for the

preceding year; and

(v) information regarding lobbying law filing compliance for the

preceding year.

(b) Such a report shall be filed in the office of the governor and

with the legislature on or before the first day of April for the

preceding year.

13. Website. (a) Within one hundred twenty days of the effective date

of this section, the commission shall update JCOPE's publicly accessible

website which shall set forth the procedure for filing a complaint with

the commission, the filing of financial disclosure statements filed by

state officers or employees or legislative employees, the filing of

statements required by article one-A of the legislative law, and any

other records or information which the commission determines to be

appropriate.

(b) The commission shall post on its website the following documents:

(i) the information set forth in an annual statement of financial

disclosure filed pursuant to section seventy-three-a of the public

officers law except information deleted pursuant to paragraph (g) of

subdivision nine of this section of statewide elected officials and

members of the legislature;

(ii) notices of delinquency sent under subdivision nine of this

section;

(iii) notices of civil assessments imposed under this section which

shall include a description of the nature of the alleged wrongdoing, the

procedural history of the complaint, the findings and determinations

made by the commission, and any sanction imposed;

(iv) the terms of any settlement or compromise of a complaint or

referral which includes a fine, penalty or other remedy;

(v) those required to be held or maintained publicly available

pursuant to article one-A of the legislative law; and

(vi) reports issued by the commission pursuant to this section.

14. Additional powers. In addition to any other powers and duties

specified by law, the commission shall have the power and duty to

administer and enforce all the provisions of this section.

15. Severability. If any part or provision of this section or the

application thereof to any person or organization is adjudged by a court

of competent jurisdiction to be unconstitutional or otherwise invalid,

such judgment shall not affect or impair any other part or provision or

the application thereof to any other person or organization, but shall

be confined in its operation to such part or provision.

§ 94-a — Consumer protection division

Consumer protection division. 1. Legislative declaration. The

legislature hereby finds and declares that the consumption of goods and

services is an economic activity that affects the life of every citizen.

The legislature further finds that unscrupulous and questionable

business practices are detrimental to the economic well-being of the

citizens of this state. In order to protect the people of New York state

from economic harm the legislature finds that it is appropriate that the

responsibilities of the consumer protection board be consolidated into a

new consumer protection division under the supervision of the secretary.

2. Consumer protection division. (a) The secretary shall establish a

consumer protection division in the department.

(b) The secretary is authorized to establish within the consumer

protection division one or more units and assign appropriate functions

to any such unit and may appoint such staff as necessary and prescribe

their duties and fix their compensation within the appropriation

provided by law.

(c) The secretary shall establish a public education and outreach

campaign to publicize the consumer protection division so as to maximize

public awareness of, and the services provided by, such division.

3. Powers of the consumer protection division. (a) The division shall

have the power and duty to:

(1) receive complaints of consumers, attempt to mediate such

complaints where appropriate, and refer complaints to the appropriate

unit of the department, or federal, state or local agency authorized by

law for appropriate action on such complaints;

(2) coordinate the activities of all state agencies performing

consumer protection functions;

(3) initiate and encourage consumer education programs;

(4) conduct investigations, research, studies and analyses of matters

affecting the interests of consumers;

(5) cooperate with and assist the attorney general and the department

of financial services in the carrying out of legal enforcement

responsibilities for the protection of consumers;

(6) implement other powers and duties by regulation and otherwise as

prescribed by any provision of law;

(7) (i) advise and make recommendations to the governor on matters

affecting the consumers of the state and promote and encourage the

protection of the legitimate interests of consumers within the state;

(ii) study the operation of consumer protection laws and recommend to

the governor new laws and amendments of laws for consumer protection;

(8) represent the interests of consumers of the state before federal,

state and local administrative and regulatory agencies;

(9) establish a process by which victims of identity theft will

receive assistance and information to resolve complaints. To implement

the process the secretary shall have the authority to:

(i) promulgate rules and regulations to administer the identity theft

prevention and mitigation program; and

(ii) act as a liaison between the victim and any state agency, public

authority, or any municipal department or agency, the division of state

police, and county or municipal police departments, and any

non-governmental entity, including but not limited to, consumer credit

reporting agencies, to facilitate the victim obtaining such assistance

and data as will enable the program to carry out its duties to help

consumers resolve the problems that have resulted from the identity

theft. Trade secrets and proprietary business information contained in

the documents or records that may be received by the division shall be

exempt from disclosure to the extent allowed by article six of the

public officers law;

(10) undertake activities to encourage business and industry to

maintain high standards of honesty, fair business practices, and public

responsibility in the production, promotion and sale of consumer goods

and services;

(11) conduct product research and testing and, where appropriate,

contract with private agencies and firms for the performance of such

services;

(12) cooperate with and assist local governments in the development of

consumer protection activities;

(13) establish advisory councils to assist in policy formulation on

specific consumer problems;

(14) cooperate with and assist consumers in class actions in proper

cases;

(15) create an internet website or webpage pursuant to section three

hundred ninety-c of the general business law, as added by chapter five

hundred nine of the laws of two thousand seven; and

(16) exercise such powers and duties granted to the secretary by

article sixteen of the energy law as the secretary may direct,

including, but not limited to: consult with such president of the New

York state energy research and development authority in connection with

investigations conducted by such president pursuant to article sixteen

of the energy law; make determinations relating to compliance by

products with the standards adopted pursuant to article sixteen of the

energy law; order the immediate cessation of any distribution, sale or

offer for sale, import, or installation of any product that does not

meet such standards; and impose civil penalties as contemplated by

article sixteen of the energy law.

4. Utility intervention unit. (a) There is established within the

division a state utility intervention unit.

(b) The utility intervention unit shall have the power and duty to:

(i) on behalf of the secretary, initiate, intervene in, or participate

in any proceedings before the public service commission or the

department of public service, to the extent authorized by sections

three-b, twenty-four-a, seventy-one, eighty-four or ninety-six of the

public service law or any other applicable provision of law, where he or

she deems such initiation, intervention or participation to be necessary

or appropriate;

(ii) represent the interests of consumers of the state before federal,

state and local administrative and regulatory agencies engaged in the

regulation of energy services;

(iii) accept and investigate complaints of any kind from Long Island

power authority consumers, attempt to mediate such complaints where

appropriate directly with such authority and refer complaints to the

appropriate state or local agency authorized by law to take action with

respect to such complaints; and

(iv) hold regular forums in each of the service territories of the

combination gas and electric corporations, as defined under section two

of the public service law, and the Long Island power authority to

educate consumers about utility-related matters and the regulatory

process, opportunities to lower energy costs, including through energy

efficiency and distributed generation, and other matters affecting

consumers.

5. Reports. (a) No later than March fifteenth of each year, beginning

in two thousand twelve, the secretary shall furnish to the governor, the

speaker of the assembly and the temporary president of the senate a

report describing the activities of the consumer protection division.

The secretary shall prepare quarterly a report to the governor, the

speaker of the assembly and the temporary president of the senate of the

category and number of complaints received by the division during the

previous quarter in sufficient detail to assist the recipients in

determining the need for additional laws for the protection of the

consumer. Additionally, all such complaints received by the division

shall be maintained on a category by category basis.

(b) No later than January first, two thousand twelve, the secretary

shall furnish to the governor, the speaker of the assembly and the

temporary president of the senate a report describing the activities of

the consumer protection division regarding the public education and

outreach campaign required pursuant to paragraph (c) of subdivision two

of this section.

§ 94-b — Office for new Americans

Office for new Americans. 1. Legislative intent. The

legislature hereby finds and declares that, according to the 2010

census, approximately twenty-two percent of New Yorkers were not born in

the United States, nine percent above the national average. For years

immigrants have come to the United States to make a better life for

themselves. It is of utmost importance to the state that these new

Americans be given the tools to assist them in making a better life for

themselves, particularly through programs that help develop and leverage

their skills and strengthen their connections with their communities and

through programs to reduce exploitation of vulnerable immigrant

populations.

2. Definitions. For the purposes of this section, the terms "new

American" and "immigrant" shall refer to non-citizen domicilaries of New

York state whose country of origin is other than the United States.

3. Office for new Americans; director. There is hereby created within

the department of state the office for new Americans. The secretary

shall appoint a director of the office to accomplish the

responsibilities set forth in this section. Such director shall receive

an annual salary within amounts appropriated and shall serve at the

pleasure of the secretary.

4. Organization of the office for new Americans. The secretary shall

have the power to establish, consolidate, reorganize, or abolish any

organizational units within the office as he or she determines to be

necessary for efficient operation thereof. The secretary shall assign

functions to any such unit and may appoint staff, agents, and

consultants, prescribe their duties, and fix their compensation within

amounts appropriated.

5. Powers and duties of the office for new Americans. The office for

new Americans shall have the power and responsibility to:

(a) Create a network of neighborhood-based opportunity centers;

(b) Increase access to English-for-speakers-of-other-languages (ESOL)

training, including by engaging not-for-profit organizations and other

qualified providers of ESOL training services;

(c) Assist immigrants in matters relating to immigration status,

including but not limited to assisting with the naturalization process

and applications for deferred action for childhood arrivals;

(d) Connect immigrants to business resources that harness their

skills, employment referral programs, and other workforce development

programs;

(e) Develop and leverage the skills of immigrants to benefit their

communities and the state;

(f) Strengthen the connections between immigrants and their

communities through civic engagement;

(g) Reduce exploitation of immigrants;

(h) Establish a toll-free multi-lingual hotline and a website for

purposes including but not limited to dissemination of information about

the programs and services offered by the office for new Americans,

referral for services, and receipt of complaints relating to fraud and

other related crimes against immigrants;

(i) Ensure that individuals referred by the office are directed to

service providers who are in compliance with article twenty-eight-C of

the general business law or providers certified by the bureau of

immigration appeals;

(j) Using information developed by the office through the hotline,

assist law enforcement in combatting crimes against immigrants;

(k) Advise the governor and secretary concerning matters affecting

immigrants in the state in order to promote and encourage the full

participation of immigrants in the state's civic and economic life;

(l) Coordinate with other state agencies and otherwise marshal the

resources of the state to serve the needs of immigrants;

(m) Encourage and assist local governments in the development of

activities to enhance civic engagement among immigrants and in immigrant

communities;

(n) Beginning in two thousand fifteen, by June fifteenth of each year,

produce a report to the governor, the speaker of the assembly, and the

temporary president of the senate describing the activities of the

office, including but not limited to, summarizing calls received through

the hotline and website, information on ESOL training services provided

by the office, the number of immigrants assisted through the opportunity

centers, or an estimation thereof, the status of any workforce

development programs, and any other relevant information;

(o) Encourage the development of and provide for the establishment of

a state military immigrant family legacy program liaison, as provided in

section twenty-nine-b of the veterans' services law; and

(p) Request individuals seeking assistance from the office answer the

following questions: "Have you served in the United States military?"

"Has someone in your family served in the United States military?"

Individuals identifying themselves or a family member as "intended

recipients" of the staff sergeant Alex R. Jimenez New York state

military immigrant family legacy program as such term is defined in

paragraph (e) of subdivision one of section twenty-nine-b of the

veterans' services law, shall be advised of such program. In addition,

such individuals shall be informed that the department of veterans'

services and local veterans' service agencies established pursuant to

section seventeen of the veterans' services law provide assistance to

uniformed service members, veterans and their families regarding

benefits available under federal and state law. Information regarding

veterans and military status provided by assisted individuals shall be

protected as personal confidential material, and used only to identify

such individuals as "intended recipients" of the staff sergeant Alex R.

Jimenez New York State military immigrant family legacy program, and to

assist such individuals in matters relating to immigration status and

citizenship, and in referring such individuals to the department of

veterans' services or local veterans' service agencies for information

and assistance with regard to benefits and entitlements under federal

and state law.

§ 94-d — New York Asian American and Pacific Islander commission

* § 94-d. New York Asian American and Pacific Islander commission. 1.

(a) There is hereby established within the department of state the New

York Asian American and Pacific Islander commission. The commission

shall consist of thirteen members representative of Asian American and

Pacific Islander communities which may include, but not be limited to:

the Bangladeshi, Bhutanese, Cambodian, Chinese, Filipino, Hmong, Indian,

Indonesian, Japanese, Korean, Laotian, Malaysian, Mongolian, Nepalese,

Pakistani, Singaporean, Sri Lankan, Taiwanese, Thai, and Vietnamese

communities. Such members shall have experience advocating on behalf of

their community, and shall be appointed as follows:

(1) seven members shall be appointed by the governor;

(2) two members shall be appointed by the temporary president of the

senate;

(3) two members shall be appointed by the speaker of the assembly;

(4) one member shall be appointed by the minority leader of the

senate; and

(5) one member shall be appointed by the minority leader of the

assembly.

The secretary of state, or their designee, shall serve as chair of the

commission.

(b) Each member of the commission shall serve a term of three years,

except that in making the first appointments to the commission, four

members shall be appointed to serve for one year, four for two years,

and five for three years. The first appointments made by the temporary

president of the senate and speaker of the assembly shall be allocated

equally between the one-year and two-year terms of service. The first

appointments made by the minority leaders shall serve for three years.

The first appointments made by the governor shall be as follows: two

members shall be appointed to serve for one year, two members shall be

appointed to serve for two years, and three members shall be appointed

to serve for three years. The members shall be eligible for

reappointment and shall serve until their successors are appointed and

qualified, and the term of the successor of any incumbent shall be

calculated from the expiration of the term of that incumbent. A vacancy

occurring other than by expiration of term shall be filled in the same

manner as the original appointment, but for the unexpired term only.

(c) A majority of the members of the commission shall constitute a

quorum for the purpose of conducting the business thereof and a majority

vote of all the members in office shall be necessary for action.

2. The commission shall make recommendations regarding the following:

(a) policies to improve the community, economic and social well-being,

and the health and educational needs important to Asian American and

Pacific Islander communities in the state;

(b) statewide programs, recognizing the continuing contributions of

Asian American and Pacific Islander individuals in the state;

(c) public education campaigns regarding Asian American and Pacific

Islander issues and culture;

(d) ways to increase the awareness among Asian American and Pacific

Islander individuals of state and local resources that may benefit Asian

American and Pacific Islander individuals and communities as a whole.

3. The members of the commission shall serve without compensation, but

they shall be entitled to reimbursement for all necessary expenses

incurred in the performance of their duties.

4. The commission shall submit an annual report on its activities to

the governor and the legislature.

* NB Repealed November 17, 2028

§ 95 — Legislative manual

Legislative manual. The secretary of state, at the expense of

the state, may in each odd-numbered year prepare and publish the

legislative manual. The manual shall contain the constitution of the

United States and of the state of New York, diagrams of the senate and

assembly chambers, and such other information of the nature heretofore

published therein, as the secretary may consider useful, and shall be

printed and bound in substantially the same style as heretofore. As soon

as printed, the secretary shall deliver a copy of the manual to each

member and officer of the legislature, and to each state officer

entitled to the session laws.

§ 96 — Fees and refunds

Fees and refunds. Except as otherwise provided by section

ninety-six-a of this chapter, the department of state shall collect the

following fees:

1. For searching the records of the department for the availability of

a corporate, limited partnership or limited liability company name, five

dollars for each name submitted.

2. For searching the records of the department other than as set forth

in subdivision one hereof, five dollars for each name in excess of five

submitted by or on behalf of an applicant for a search.

3. For a copy of any paper or record not required to be certified or

otherwise authenticated, fifty cents per page; except that the fee for a

copy of any paper or record not required to be certified or otherwise

authenticated which is furnished by the bureau of corporations of the

department of state, shall be five dollars, regardless of the number of

pages.

4. For a certified or exemplified copy of any law, record or paper,

except a photostatic copy furnished by the department of state, one

dollar per page; for a certified or exemplified copy of any law, record

or paper reproduced by photostat by the department of state, fifty cents

per page and in either case five dollars additional for the certificate

under the official seal of the department of state, affixed thereto;

except that the fee for a certified or exemplified copy of any record or

paper which is furnished by the bureau of corporations of the department

of state, shall be ten dollars, regardless of the number of pages or

regardless of whether such document is reproduced by photostat.

5. For a certificate or authentication under the great seal of the

state, ten dollars.

6. For a certificate as to the official character of a commissioner of

deeds residing in another state or foreign country, one dollar.

7. For every other certificate under the official seal of the

department of state, twenty-five dollars.

8. For registering and recording a notice of a mining claim as

required by section eighty-two of the public lands law, fifty dollars.

9. (a) For filing under the general associations law or any

corporation law, except the business corporation law and not-for-profit

corporation law: a certificate of incorporation, one hundred twenty-five

dollars; a certificate or report of voluntary dissolution, including the

issuance of duplicate certificates by the secretary of state, and a

certified copy of an order or judgment of dissolution, sixty dollars;

the statement and designation of a foreign corporation, including the

issuance of a certificate of authority, two hundred twenty-five dollars;

a certificate of designation or change of address or any certificate of

change of mailing address or office of a foreign corporation, other than

a moneyed corporation, thirty dollars; any other certificate or

instrument, sixty dollars.

(b) For filing under the business corporation law and the

not-for-profit corporation law as set forth in those chapters.

10. For service of process on the secretary of state, acting as agent

for a third party pursuant to law, except as otherwise specifically

provided by law, forty dollars. No fee shall be collected for process

served on behalf of a county, city, town or village or other political

subdivision of the state. The fees paid the secretary of state shall be

a taxable disbursement.

11. (a) For the special handling of requests made to the division of

corporations of the department of state for any service for which a fee

is collected as prescribed by law, twenty-five dollars. For the purposes

of this section the term "special handling" shall mean the completion of

the request within twenty-four hours of receipt of the request, except

in those cases where the twenty-four hour period shall end on a

Saturday, Sunday, holiday or day on which the division of corporations

of the department of state is not open for business, in which case the

twenty-four hour period shall be extended to the appropriate hour of the

next succeeding business day on which such division is open for

business.

(b) For the same day expedited handling of requests made to the

division of corporations of the department of state for any service for

which a fee is collected as prescribed by law, seventy-five dollars. For

the purposes of this section the term "same day expedited handling"

shall mean the completion of the request on the same day as the day of

request.

(c) For the two hour priority handling of requests made to the

division of corporations of the department of state for any service for

which a fee is collected as prescribed by law, one hundred fifty

dollars. For the purposes of this section the term "two hour priority

handling" shall mean the completion of the request within two hours on

the same day as the day of the request.

(d) For handling of non-expedited requests made to the division of

corporations of the department of state for any service for which a fee

is collected as prescribed by law, the completion of such request shall

be accomplished within seven business days.

12. For the filing, recording or registering of any certificate,

notice or other paper required to be filed, recorded or registered, the

fee for which is not otherwise prescribed by law, twenty-five dollars.

13. Except as otherwise specifically provided by law, the department

of state may refund, within three years from the date of payment and

upon audit of the state comptroller, any fee or portion of a fee paid

pursuant to any of the statutes which the department is charged by law

to administer, in any case in which:

a. the license, permit, or certificate applied for is not issued, or

does not take effect, or

b. the filing or certification requested is not made, or

c. the service requested is not rendered, or

d. the payment made is in excess of the amount prescribed by such

statute, or

e. the licensee has entered the active armed services of the United

States in which event the refund shall be such proportion of the license

fee paid as the number of full months remaining unexpired of the license

period bears to the total number of months in such period.

14. No fee shall be collected for copies of records furnished to state

officers as defined in the public officers law, section two, for use in

their official capacity.

15. The department of state shall on or before the tenth day of each

month, out of the moneys collected during the preceding month pursuant

to subdivision nine of this section, pay over to each county clerk in

whose office a certified copy of a corporation certificate or other

instrument relating to a domestic or foreign corporation shall have been

filed by the department during the preceding month pursuant to law the

sum of six dollars for each such copy of a corporation certificate or

other instrument for which the department shall have collected a filing

fee of thirty dollars or more, and the sum of one dollar for each such

copy of a corporation certificate or other instrument for which the

department shall have collected a sum of less than thirty dollars, and

such payment shall be received by the county clerk in full satisfaction

of all fees for filing such copy, any other general or special law to

the contrary notwithstanding. All such moneys remaining after such

payments to the county clerks shall be paid pursuant to section one

hundred twenty-one of the state finance law.

16. Consistent with the provisions of the corporate laws of the state

of New York, the department of state shall produce or reproduce the

content of any informational systems maintained pursuant to such laws.

The secretary of state shall establish the type and amount of the

reasonable fees to be collected by the department of state for such

informational systems. Such fees shall be subject to approval of the

director of the budget and shall be promulgated in the official rules

and regulations of the department of state in accordance with the

provisions of the state administrative procedure act.

17. For receipt of a village incorporation petition pursuant to

section 2-202 of the village law, two hundred fifty dollars.

§ 96-a — Fees for services rendered pursuant to the uniform commercial code

Fees for services rendered pursuant to the uniform commercial

code. 1. In case of conflict between this section and any other

provision of law, this section shall control.

2. The secretary of state shall determine the type and amount of all

fees to be collected by the department of state and other filing offices

for services rendered by said department or office pursuant to the

provisions of the uniform commercial code and article ten-A of the lien

law. Such fees, referred to as processing fees, shall be non-refundable

fees paid to the department of state or office at the time that

documents are presented to the department of state or office for filing,

and will be paid whether or not the documents are accepted for filing.

Such fees shall be subject to the approval of the director of the budget

and shall be promulgated in the official rules and regulations of the

department of state in accordance with the provisions of the state

administrative procedure act. Nothing contained in this subdivision

shall preclude the secretary of state from periodically changing such

fees, subject to the approval of the director of the budget, and from

periodically amending the official rules and regulations of the

department of state in accordance with the provisions of the state

administrative procedure act.

3. Consistent with the provisions of article nine of the uniform

commercial code and article ten-A of the lien law, the department of

state and other filing offices shall produce or reproduce the content of

any informational systems maintained pursuant to such laws. The

secretary of state and other filing offices shall establish reasonable

fees for information so produced or reproduced. Notwithstanding any

other provisions of law, the availability of such information shall be

determined solely by the provisions of the uniform commercial code.

§ 97 — Completing unfinished papers

Completing unfinished papers. The secretary of state shall have

power to complete and sign and certify in his own name, adding to his

signature the date of so doing, all records of incorporation papers and

other papers left incomplete or unsigned by any of his predecessors,

with the same force and effect as though said records had been duly

signed by such predecessors.

§ 97-a — Affirmation in lieu of oath

Affirmation in lieu of oath. Any application for a license or

registration required by law to be filed with the department of state

may, in lieu of being acknowledged or sworn under oath, be subscribed by

the applicant and affirmed by him or her as true under penalties of

perjury.

§ 98 — Copies of amendments to rules for admission of attorneys

Copies of amendments to rules for admission of attorneys. The

secretary of state must cause to be published in the next ensuing volume

of the session laws each amendment of the rules established by the court

of appeals for the admission of attorneys and counselors, filed with him

pursuant to the judiciary law.

§ 99 — Central state registry of security guards

Central state registry of security guards. 1. The department

shall collect information and maintain, on a current basis, a registry

of all security guards and applicants for registration cards in the

state. Such registry shall include, but not be limited to, with respect

to each security guard or applicant as the case may be, his or her name,

address, date of birth, whether a registration card has been issued,

denied, suspended or revoked or has expired, and the security guard

company or companies by whom he or she is or has been employed and such

other information as may in the discretion of the secretary be

appropriate; provided, however, that in no case shall such registry

include criminal history information.

2. Each security guard company as defined in subdivision five of

section eighty-nine-f of the general business law which employs security

guards shall transmit to the department, no later than the fifteenth day

of January in the year next succeeding the year in which the provisions

of this section become effective, a list which shall include but not be

limited to the name of every security guard employed by such security

guard company indicating with respect to each security guard his or her

name, address, date of birth and such other information as may in the

discretion of the secretary be appropriate; provided, however, that in

no case shall such registry include criminal history information. Each

such security guard company shall thereafter, submit to the department

the name of each security guard employed or who has retired or resigned

or whose employment as a security guard is terminated for any reason, no

later than the fifteenth calendar day following such employment,

retirement, resignation or termination, and, in the instance of newly

appointed security guards, shall include all the information required to

be furnished in the initial listing required by this subdivision. The

information required to be submitted pursuant to this subdivision which

is required by law to be kept confidential shall be kept confidential

and all other information shall be released only pursuant to this

section.

3. The department shall establish rules and regulations to provide for

a permanent system of identification for each security guard or

applicant as the case may be, which will ensure the security and privacy

of information contained in the registry and to ensure that such

information is made available only to qualified agencies defined in

subdivision nine of section eight hundred thirty-five of this chapter

and to security guard companies only for the purposes enumerated in

subdivision four of this section.

4. Notwithstanding any other provision of law, security guard

companies, as defined in subdivision five of section eighty-nine-f of

the general business law, shall, upon such terms and conditions as the

department shall by rules and regulations prescribe, have timely access

to information contained in the registry, with respect to security

guards as defined in subdivision six of section eighty-nine-f of the

general business law or applicants as defined in subdivision nine of

section eighty-nine-f of the general business law, who as certified by

such security guard companies making such inquiries are presently

employed by or who have applied for employment by such security guard

companies as security guards. Such information shall include but not be

limited to employment history and such other information as may in the

discretion of the secretary be appropriate and relevant to the

employment of a security guard.

5. In the event of failure or refusal to comply with the requirements

of subdivision two of this section, the secretary may apply to the

supreme court for an order directed to the person responsible requiring

compliance. Upon such application the court may issue such order as may

be just, and a failure to comply with the order of the court shall be a

contempt of court and punishable as such.

6. Whenever an applicant for or holder of a security guard

registration card has been charged with a serious offense as defined by

subdivision thirteen of section eighty-nine-f of the general business

law or of a misdemeanor, the division shall notify the department and

the department shall notify the security guard company which employs

such applicant or which has filed the application on behalf of such

applicant of such serious offense or a misdemeanor as provided for in

paragraph a of subdivision three of section eighty-nine-g of this

article.

7. In the event that a registration card is not issued within six

months following application therefor, or is not reissued within six

months following the expiration thereof, unless the registration card

has been suspended or revoked, the department shall so notify the

division which shall thereupon destroy the set of fingerprints received

with the application.

8. The department shall continue to maintain in the registry the

information required to be kept pursuant to this article for security

guards and applicants for a period of not less than five years following

their termination, revocation, resignation, retirement or failure to be

hired or renewed at which time the department shall purge from the

registry such information.

9. Saving clause. In case it be judicially determined that any of the

provisions of this section is unconstitutional or otherwise invalid,

such determination shall not affect the validity or effect of the

remaining provisions of this section.

§ 100 — Central state registry of armored car guards

Central state registry of armored car guards. 1. The secretary

of state shall maintain a computerized registry of all individuals who

apply for a registration card or have been issued a registration card as

an armored car guard pursuant to the provisions of article eight-C of

the general business law. An armored car carrier, as that term is

defined in subdivision six of section eighty-nine-bbb of the general

business law, shall obtain only the name, address and armored car guard

registration status of an employee or potential employee listed in such

registry.

2. The secretary of state shall maintain all records collected for

applicants pursuant to the armored car guard act for a period of five

years after the applicant's termination as an armored car guard,

retirement, resignation, death, failure to be rehired, or non-renewal of

the applicant's registration card. Every armored car carrier shall file

with the secretary, on a monthly basis, a report, stating all armored

car guards in their employ who have retired, resigned, died, been

terminated, have not been rehired, or have otherwise been removed from

active duty, in such form and on such media as approved for such purpose

by the secretary.

§ 100-a — Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-m...

Information on state agencies pertaining to persons subjected

to section seventy-three-a of the public officers law and who hold

policy-making positions. 1. As used in this section "agency" means:

(a) any state department, board, bureau, division, council, committee,

commission, or office;

(b) any other similar state public organization established pursuant

to state statutes, executive order, or other executive action for the

exercise of any function of state government and to which members are

appointed or elected; and

(c) any public authority or public benefit corporation a majority of

whose members are appointed by the governor or serve as members by

virtue of holding state offices to which they were appointed by the

governor, or any combination thereof.

2. "Agency" does not include:

(a) any informal advisory organization established exclusively by a

state agency to advise a commissioner, secretary, or other director of

that agency on an informal basis;

(b) the state legislature; and

(c) any local government or subdivision or entity thereof.

3. The secretary of state shall maintain a compilation of persons

subjected to section seventy-three-a of the public officers law and who

hold policy-making positions at all state agencies, including state

agencies established after the effective date of this section. Such

compilation shall identify by agency the persons subjected to section

seventy-three-a of the public officers law and who hold policy-making

positions, the length of time such positions have been held, and a

representation of policy-making positions at such agency held by women

compared to policy-making positions held by men. The secretary of state

shall keep such inventory in a public record available for inspection,

and updated annually on the department of state website.

4. Each agency shall annually on or before January first, submit to

the secretary of state all information required pursuant to this section

in a manner specified by the secretary of state to facilitate the

publication requirements of this section.

5. For the purposes of this section, "persons subjected to section

seventy-three-a of the public officers law and who hold policy-making

decisions" shall include, but not be limited to, a commissioner, a

superintendent, an executive director, and other chief executive

officers, positions appointed by the governor, as well as the

appointments of the aforementioned whose function is essential to the

policy-making processes of such agency, and any other position whose

function is essential to the policy-making processes of such agency.

§ 101 — Accessibility, rules and regulations

Accessibility, rules and regulations. 1. The secretary of

state, in consultation with any other state agency he or she deems

necessary, shall promulgate any rules and regulations necessary to

remove the word "handicapped" from any signs or other means of

communication where such word appears.

2. The secretary of state, in consultation with any other state agency

he or she deems necessary, shall promulgate rules and regulations

necessary to require that wherever the current universal symbol of

access of a figure in a wheelchair appears, such symbol shall instead

depict a logo with a dynamic character leaning forward with a sense of

movement. Such logo shall be readily identifiable, simply designed with

no secondary meaning, and provide for equivalent facilitation and

accessibility as the current universal symbol of access. The provisions

of this subdivision shall only apply to any new signs being installed or

replaced on and after the effective date of this section.

§ 101-a — Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules

Legislative notification of the proposed adoption, amendment,

suspension or repeal of agency rules.

1. Definitions. As used in this section,

a. "Agency" means any state board, bureau, commission, department,

authority, division, or officer authorized by law to make rules.

b. "Rule" means the whole or part of each agency statement of general

applicability or regulation or code that implements or applies law, or

prescribes the procedure or practice requirements of any agency,

including the amendment, suspension or repeal thereof, except such as

relates to the organization or internal management of the agency.

2. Except as provided in subdivision three of this section, at least

sixty days prior to either the adoption of any rule, or, if a public

hearing is required by statute, at least sixty days prior to the first

public hearing on a proposed rule, the agency proposing to take such

action shall send in writing or may transmit electronically in

accordance with article three of the state technology law, a

notification of such proposed action to the temporary president of the

senate and the speaker of the assembly. This notification shall: (a)

refer to the statutory authority under which the action is proposed, (b)

give the time and place of any public hearing that may be scheduled

concerning the proposed action, or state the manner in which data, views

or arguments may be submitted to the agency concerning the proposed

action, (c) contain a copy of the complete text of the proposed rule,

and (d) contain a fiscal statement setting forth the fiscal consequences

of the proposed action on the state and its local governments.

3. If the agency finds that it is necessary for the preservation of

the public health, safety or general welfare to dispense with the

requirements of subdivision two of this section, the agency may dispense

with such requirements and adopt the rule, as an emergency measure.

Within five days of the filing of such emergency measure in the office

of the department of state, the agency taking such action shall send or

transmit, as the case may be, the temporary president of the senate and

the speaker of the assembly a notification containing the information

required by subdivision two of this section; provided, however, such

notification shall also: (a) include a brief statement setting forth the

reasons why the agency finds that it is necessary for the preservation

of the public health, safety or general welfare to dispense with the

requirements of subdivision two of this section and adopt the rule as an

emergency measure, and (b) provide the date the emergency measure will

terminate if the agency does not intend to adopt such measure as a

permanent rule, or indicate that the agency intends to adopt such

measure as a permanent rule, in which case compliance with the

notification requirements of this section shall be deemed satisfied. The

effectiveness of any such emergency measure, unless adopted as a

permanent rule in the manner prescribed by law, shall not exceed ninety

days after the filing of such measure in the office of the department of

state, provided, however, if such emergency measure is readopted prior

to the expiration of such ninety day period such readoption and any

subsequent readoptions shall remain in effect for no longer than sixty

days.

4. The legislature in the joint rules of the senate and assembly may

exempt from the requirements of this section certain rules which have or

would have no significant fiscal implications.

5. This section does not relieve any agency from compliance with any

statute requiring that its rules be filed with or approved by designated

persons or bodies before they become effective.

6. A proceeding to invalidate any rule on the ground of noncompliance

with the procedural requirements of this section must be commenced by

the temporary president of the senate or the speaker of the assembly

within four months from the effective date of the rule. No rule shall be

valid unless adopted in substantial compliance with this section;

provided, however, that the inadvertent failure to give notice as

provided in this section shall not invalidate any rule.

§ 101-b — Application by municipal corporations for the suspension of certain rules

Application by municipal corporations for the suspension of

certain rules.

1. Definitions. As used in this section,

a. "Agency" means any state board, bureau, commission, department,

division or officer authorized by law to adopt rules.

b. "Rule" means the whole or part of each agency statement of general

applicability or regulation or code that implements or applies law,

including the amendment, suspension or repeal thereof.

c. "Municipal corporation" means a county outside the city of New

York, a city, a town, a village or a school district.

d. "Governing body" means:

(1) In a county, a board of supervisors, county legislature or other

body vested by its charter, other law or other valid enactment with

jurisdiction to enact local laws;

(2) In a city, the board of aldermen, a common council, commission or

other body vested by its charter or other law with jurisdiction to enact

ordinances or local laws;

(3) In a town, the town board;

(4) In a village, the board of trustees; and

(5) In a school district, the board of education, board of trustees or

sole trustee.

2. A municipal corporation may, by resolution adopted by its governing

body, apply to the agency which has adopted a rule for the mandatory

suspension of such rule for the balance of the municipal corporation's

current fiscal year, provided the rule was filed in the office of the

secretary of state after the commencement of the municipal corporation's

current fiscal year.

3. Upon the receipt of such an application, the agency which adopted

the rule shall forthwith by order suspend its applicability to the

petitioning municipal corporation for the balance of such corporation's

current fiscal year, unless the agency determines by order, within

thirty days of receipt of such application, that the immediate

implementation of the rule is necessary for public health, safety or

welfare, or that its postponement would be contrary to express provision

of law. A copy of any order issued pursuant to this section shall be

sent to the temporary president of the senate, the speaker of the

assembly and the administrative regulations review commission.

4. This section shall not relieve a municipal corporation from

complying with a rule until such time that the agency which has adopted

the rule shall issue an order pursuant to this section suspending its

applicability to such corporation.

§ 102 — Filing and publication of codes, rules and regulations

Filing and publication of codes, rules and regulations. 1. a.

No code, rule or regulation shall become effective until it is filed

with the secretary of state, unless a later date is required by statute

or is specified by such code, rule or regulation.

b. Each department, board, bureau, officer, authority, commission or

other agency of the state, authorized by statute to adopt codes, rules

or regulations shall transmit to the secretary of state a certified copy

of every such code, rule and regulation except such as relate solely to

the organization or internal management of such department, board,

bureau, authority, commission or other agency of the state in force at

the time of such transmittal or to become effective thereafter,

certified by the head of such department, board, bureau, authority,

commission or other agency of the state, or if such head is a board or

commission, by the chairman or secretary thereof, together with a

citation of the statutory authority pursuant to which each such code,

rule or regulation was adopted.

c. Any code, rule or regulation which includes in the text thereof any

United States statute, or code, rule or regulation previously published

in the code of federal regulations or in the federal register, or any

previously published data, criteria, standards, specifications,

techniques, illustrations or other information reasonably available to

regulated parties, shall have set forth in its text a precise

identification of such material, including but not limited to:

applicable titles, dates, editions, page numbers, section numbers, and

authors, the names and addresses of the publisher from whom a copy may

be obtained, and the designated office or offices of the adopting agency

at which such material is available for public inspection and copying.

d. No amendment to any material identified pursuant to paragraph c of

this subdivision shall be effective unless adopted in compliance with

the applicable provisions of law and filed with the secretary of state

pursuant to this section.

e. The secretary of state shall promulgate rules establishing

procedure, forms, style and font for submission of every such code, rule

and regulation required to be submitted by this section.

2. Immediately upon adopting any new code, rule or regulation

including any rule as defined in the state administrative procedure act,

or any amendment to or repeal thereof, except such as relate solely to

the organization or internal management of a department, board, bureau,

authority, commission or other agency of the state, the original thereof

shall be filed in the office of the department of state. Attached

thereto shall be a certificate, in a form prescribed by the secretary of

state, citing the statutory authority including particular sections and

subdivisions pursuant to which each such change or new code, rule or

regulation was adopted, the date of adoption, and the date of

publication in the state register of the notice required under the

provisions of the state administrative procedure act as well as the date

and manner of publication of any additional prior notice required under

any other statute. If the action taken shall be exempt from the

provisions of the state administrative procedure act and if no other

statutory notice requirement shall be applicable the certificate shall

so state. Such certificate shall be signed by the head of the

department, board, bureau, authority, commission, or other agency of the

state, or if such head is a board or commission, by the chairman or

secretary thereof, or, in lieu of such signatures, it may be signed by a

person designated by such head or chairman aforementioned, provided such

designation is made in writing, contains therein the signature of the

person designated, and is filed with the department of state. The

secretary of state shall reject any rule submitted for filing in the

event that either the notice required by subdivision five or six of

section two hundred two of the state administrative procedure act, or

the attached certificate, reveals that the rule was not adopted in

substantial compliance with section two hundred two of such act.

3. It shall be the duty of the secretary of state to prepare a master

compilation of all such codes, rules and regulations in such form and

order as he may determine. He shall not, however, change the language of

any existing code, rule or regulation except a title or explanatory

caption; but he shall recommend any such change as he may deem advisable

to the department, board, bureau, officer, authority, commission or

other agency of the state authorized to adopt such code, rule or

regulation. Such master compilation shall include all codes, rules and

regulations except such as relate solely to the organization or internal

management of a department, board, bureau, authority, commission or

other agency of the state, in effect on the first day of January,

nineteen hundred forty-five, and which he shall certify as a true copy

of the master compilation prepared by him.

4. Publication of all such codes, rules and regulations filed with the

secretary of state pursuant to this section shall be provided in the

following manner:

a. the secretary of state shall make readily available in his office,

for public inspection and copying, the full text of the master

compilation;

b. each agency shall make readily available at a designated office or

offices of the agency, for public inspection and copying, the full text

of all codes, rules and regulations adopted by the agency;

c. at the same time material identified pursuant to paragraph c of

subdivision one of this section is filed with the secretary of state, an

agency shall transmit a copy of all such material except material that

is: (i) a United States statute or a code, rule or regulation published

in the Code of Federal Regulations or in the Federal Register; or (ii)

readily available without charge on the internet to the legislative

library and, within each judicial department of the state, one court law

library designated by the chief administrator of the courts; provided

that for materials readily available on the internet, the agency shall

identify the address at which such materials can be accessed;

d. notwithstanding any provisions of law to the contrary, photocopies

of any codes, rules and regulations shall be available to the public

upon payment of a fee not to exceed twenty-five cents per page; and

e. the secretary of state shall cause such compilation to be printed;

however, he may exclude from such printed compilation any previously

published portion of a rule which is precisely identified in the text

thereof pursuant to paragraph c of subdivision one of this section.

5. The compilation printed pursuant to paragraph e of subdivision four

of this section shall be known as the "official compilation of codes,

rules and regulations of the state of New York" and shall presumptively

establish the codes, rules and regulations of the state of New York,

except such as relate solely to the organization or internal management

of a department, board, bureau, authority, commission or other agency of

the state, in force and effect on the first day of January, nineteen

hundred forty-five. The official supplements to such compilation

published as hereinafter provided shall presumptively establish any

changes in such codes, rules and regulations and any new codes, rules or

regulations except such as relate solely to the organization or internal

management of a department, board, bureau, authority, commission or

other agency of the state, affected by addition, amendment or repeal, or

adopted during the period ending on the thirty-first day of December in

any year immediately preceding the publication of such supplement.

Nothing in such official compilation or any new edition thereof or

official supplement thereto shall be construed as repealing or amending

any code, rule or regulation adopted by any department, board, bureau,

authority, commission or other agency of the state, and in case of any

inconsistency arising through omission or otherwise between the official

compilation and such codes, rules and regulations as filed in the office

of the secretary of state, the latter shall prevail.

§ 103 — Future editions and supplements of official compilations

Future editions and supplements of official compilations. 1.

In any year the secretary of state may, whenever he shall believe that

the public interest will be served thereby, cause a new edition of such

official compilation or any volume thereof to be published, which

compilation shall be published as soon as practicable, and shall set

forth the codes, rules and regulations except such as relate solely to

the organization or internal management of a department, board, bureau,

authority, commission or other agency of the state on file in the office

of the department of state on the date as of which such new edition is

published.

2. The secretary of state may, whenever he deems it to be necessary,

cause to be published an official supplement to the official

compilation, showing all new and all changes in existing codes, rules

and regulations adopted since the effective date of the codes, rules and

regulations embraced in the latest edition of the official compilation

or since the end of the period covered by the preceding supplement.

3. Any new edition of such compilation published as heretofore

provided, and any supplementation thereof or thereto, shall

presumptively establish that the codes, rules and regulations contained

therein are on file in the department of state, and are effective,

unless otherwise stated, on the date as of which such new edition, or

any volume thereof, or a supplementation thereto, is published.

4. Any code, rule or regulation contained in any new edition of the

official compilation, or any volume thereof, or any supplementation

thereto, shall not be printed in any official supplement published for

any period prior to the date as of which such new edition, volume, or

supplementation is published.

§ 104 — Departmental cooperation

Departmental cooperation. The secretary of state may advise

with the several departments, boards, bureaus, officers, authorities,

commissions and other agencies of the state which are authorized by

statute to issue codes, rules or regulations, to the end that the same

may, so far as possible, be uniform in style and form, be properly

numbered and captioned and be free from matter which is obsolete.

§ 104-a — Departmental cooperation regarding water quality

Departmental cooperation regarding water quality. The

secretary of state shall cooperate with the environmental facilities

corporation to establish methods to facilitate loans to eligible

borrowers and to develop educational materials for eligible borrowers

about the low-interest loans available through the water pollution

control linked deposit program, established by article sixteen of the

state finance law, and to develop an application form to be provided to

lenders for linked deposit loan requests. For residential and small

business on-site wastewater treatment systems projects, the department

shall require owners of such systems to submit the results of

inspections of such systems at the time of an application for financial

assistance pursuant to article sixteen of the state finance law. The

department may promulgate rules and regulations necessary and reasonable

for the operation of the program, including but not limited to standards

for the inspection of residential and small business on-site wastewater

treatment systems.

§ 105 — Changes in codes, rules or regulations

Changes in codes, rules or regulations. Changes in any code,

rule or regulation except such as relates solely to the organization or

internal management of a department, board, bureau, authority,

commission or other agency of the state shall be made by a department,

board, bureau, officer, authority, commission or other agency of the

state only by addition, amendment or repeal. Every resolution or order

affecting such an addition, amendment or repeal shall refer to the

appropriate title and to the appropriate section or paragraph as

published in the official compilation or supplement thereto. In the case

of a proposed new code, rule or regulation except such as relates solely

to the organization or internal management of a department, board,

bureau, authority, commission or other agency of the state for which

there is no appropriate title, the head of such department, board,

bureau, authority, commission or other agency of the state shall confer

with the secretary of state and shall, prior to the adoption of any

resolution establishing such code, rule or regulation, have his approval

in writing of the proposed title, captions and numbers of such code,

rule or regulation and any parts, paragraphs or sections thereof.

§ 106 — Proof of codes, rules and regulations

Proof of codes, rules and regulations. Any code, rule or

regulation of the state of New York may be read in evidence from the

official compilation or supplement thereto. To entitle any copy of a

code, rule or regulation published, other than those published in such

official compilation or supplement thereto, to be read in evidence there

shall be contained in the same book or pamphlet a printed certificate of

the secretary of state that such copy is a correct transcript of the

text of the code, rule or regulation as published in such official

compilation or supplement thereto. For such a certificate the secretary

of state shall collect such a fee as he shall deem just and reasonable.

§ 106-a — Internet access to the New York code, rules and regulations

Internet access to the New York code, rules and regulations.

The department of state shall post or maintain a link on its website to

an unofficial version of the New York codes, rules, and regulations,

which shall be provided at no cost to the end users. All state agencies

which have adopted rules and regulations shall maintain a link to the

department of state website which contains such link.

§ 107 — Intergovernmental agreements

Intergovernmental agreements. 1. The secretary of state shall

compile and keep current a list of all interstate compacts and other

intergovernmental agreements between or among states, subdivisions of

this state and other states, or between this state or any subdivision

thereof and the federal government having the force of law to which this

state or any subdivision thereof is party. Such list shall contain the

citations to the statutes or other official documents of this state

containing the text of any such compact or agreement together with a

listing of all other jurisdictions party to the compact or agreement,

the date on which each such jurisdiction entered into participation in

such compact or agreement with this state or subdivision thereof; the

status of each such compact or agreement in respect of withdrawals

therefrom and the citations to any act or resolution of the congress of

the United States, if any, consenting to such compact or agreement. The

list required to be kept pursuant to this subdivision also shall include

compacts and agreements adopted by this state or any subdivision thereof

but not in effect by reason of the absence of such other parties thereto

as may be necessary to make the compact or agreement effective and

binding.

2. In any case where the statutes of this state do not contain the

full text of a compact or agreement to which subdivision one of this

section applies, the secretary of state shall receive a true copy of the

compact or agreement and keep the same on file.

3. Any amendment, supplementary agreement or administrative rule or

regulation having the force of law implementing, adding to or modifying

any such compact or agreement to which this state or a subdivision

thereof is party shall be listed or filed in the same manner as the

compact or agreement itself.

4. The secretary of state shall make the list maintained by him

pursuant to this act and any information contained therein available to

any person upon request, but shall not be required to furnish copies of

any compact or agreement, unless so required by a provision of law or

administrative rule other than this section.

5. The listing and filing requirements of this section shall be in

addition to and not in substitution for any requirements for listing or

filing, publication or distribution contained in particular compacts or

agreements to which this state is or may be a party.

6. Upon receipt by the governor of a formal notice from another state

of such state's withdrawal from an interstate compact to which New York

is party, the governor shall transmit such notice or a copy thereof to

the secretary of state. Any agency or subdivision of this state

administering, participating in or entering into any compact or

agreement shall furnish the secretary of state with all information

necessary to permit such secretary to perform his duties and

responsibilities pursuant to this section.

§ 108 — Address confidentiality program

Address confidentiality program. There is created in the

office of the secretary of state a program to be known as the "address

confidentiality program" to protect victims of domestic violence,

victims of human trafficking, victims of kidnapping, victims of a sexual

offense, victims of stalking, and reproductive health care services

providers, employees, volunteers, patients, or immediate family members

of reproductive health care services providers by authorizing the use of

designated addresses for such victims and their minor children. The

program shall be administered by the secretary of state.

1. Definitions. For the purposes of this section the following words

shall, unless the context requires otherwise, have the following

meanings:

(a) "Victim of domestic violence" shall have the same meaning as is

ascribed to such term by section four hundred fifty-nine-a of the social

services law.

(b) "Actual address" means the residential street address, school

address or work address of an individual, as specified on his or her

application to be a program participant under this section.

(c) "Program participant" means a person certified as a program

participant under this section.

(d) "Mail" means first class letters delivered via the United States

Postal Service, including priority, express and certified mail, and

excluding packages, parcels, periodicals and catalogues, unless they are

clearly identifiable as pharmaceuticals or clearly indicate that they

are sent by a government agency.

(e) "Substitute address" means the secretary's designated address for

the address confidentiality program.

(f) "Secretary" means the secretary of state.

(g) "Public record" means any information kept, held, filed, produced

or reproduced by, with or for an agency, in any physical form whatsoever

including, but not limited to, reports, statements, examinations,

memoranda, opinions, folders, files, books, manuals, pamphlets, forms,

papers, designs, drawings, maps, photos, letters, microfilms, computer

tapes or discs, rules, regulations or codes.

(h) "Process" means judicial process and all orders, demands, notices

or other papers required or permitted by law to be served on a program

participant.

(i) "Victim of a sexual offense" means a victim of any act

constituting an offense as defined under article one hundred thirty,

and/or sections 255.25, 255.26, and 255.27 of the penal law, including

threats or attempts to commit such offenses.

(j) "Victim of stalking" means a victim of any act constituting an

offense as defined under sections 120.45, 120.50, 120.55 and 120.60 of

the penal law.

(k) "Victim of human trafficking" means a victim of any act

constituting an offense as defined under section 135.35, 135.37, 230.34,

or 230.34-a of the penal law.

* (l) "Reproductive health care services provider, employee,

volunteer, or patient" means a person who obtains, provides, or assists,

at the request of another person, in obtaining or providing reproductive

health care services, or a person who owns or operates a reproductive

health care services facility.

* NB There are 2 par (l)'s

* (l) "Victim of kidnapping" means a victim of any act constituting an

offense as defined under sections 135.20 and 135.25 of the penal law.

* NB There are 2 par (l)'s

(m) "Reproductive health care services facility" includes a hospital,

an office operated by a licensed physician and surgeon, a licensed

clinic, or other licensed health care facility that provides

reproductive health care services and includes only the building or

structure in which the reproductive health care services are actually

provided.

(n) "Immediate family member" shall have the same meaning as defined

in subdivision eight of section two hundred thirty-eight of the public

health law.

2. Address confidentiality program; application; certification. (a) An

adult person, a parent or legal guardian acting on behalf of a minor, or

a legal guardian acting on behalf of an incapacitated person, may apply

to the secretary to have an address designated by the secretary to serve

as the person's address or address of the minor or incapacitated person

in lieu of the person's actual address. The secretary shall approve an

application if it is filed in the manner and on the form prescribed by

the secretary, and if it includes:

(i) a signed written statement affirmed by the applicant that:

(A) the applicant, or the minor or incapacitated person on whose

behalf the application is made, is a victim of domestic violence, victim

of human trafficking, victim of kidnapping, victim of a sexual offense,

victim of stalking, or a reproductive health care services provider,

employee, volunteer, patient, or an immediate family member of a

reproductive health care services provider;

(B) the applicant, or the minor or incapacitated person on whose

behalf the application is made, has left his or her residence because of

such violence or acts, provided, however, this clause shall not apply if

the applicant is a reproductive health care services provider, employee,

volunteer, patient, or an immediate family member of a reproductive

health care services provider;

(C) the applicant fears for his or her safety or his or her children's

safety, or the safety of the minor or incapacitated person on whose

behalf the application is made, or, in the case of a reproductive health

care services provider, employee, volunteer, or patient, the applicant

fears for his or her safety or the safety of an immediate family member;

and

(D) the parent or legal guardian applying on behalf of a minor or

incapacitated person has legal authority to act on the person's behalf;

(ii) a designation of the secretary as agent for purposes of service

of process and for the purpose of receipt of mail;

(iii) the mailing address where the applicant can be contacted by the

secretary and the telephone number or numbers where the applicant can be

called by the secretary;

(iv) the actual address or addresses that the applicant requests not

be disclosed because of the increased risk of domestic violence, a

sexual offense, stalking, physical injury or in the case of reproductive

health care services provider, employee, volunteer, patient, or an

immediate family member of a reproductive health care services provider,

other threats of violence; and

(v) the name of any person who resides with the applicant who also

needs to be a program participant in order to ensure the safety of the

applicant and, if the person named in the application is eighteen years

of age or older, the consent of such person to be a program participant

and designation by such person of the secretary as agent for purposes of

service of process and for the purpose of receipt of mail; and

(vi) the signature of the applicant and the name and signature of any

individual or representative of any office designated by the secretary

under subdivision three of this section who assisted in the preparation

of the application, and the date on which the applicant signed the

application.

(b) The secretary shall establish, distribute and make available a

form for the purpose of making applications pursuant to this section.

(c) Applications shall be filed with the office of the secretary.

(d) Upon receipt of a properly completed application, the secretary

shall certify the applicant as a program participant and shall serve as

the participant's agent for service of process and receipt of mail for

the duration of the term of certification.

(e) Participants shall be certified for four years following the date

of filing, unless the certification is withdrawn or cancelled before

that date. The secretary shall promulgate rules and regulations for

renewal of applications pursuant to this section.

3. Designation of agencies to assist applicants. The secretary shall

designate state, local or nonprofit agencies that provide counseling,

referral, shelter or other specialized services to victims of domestic

violence, victims of human trafficking, victims of kidnapping, victims

of a sexual offense, victims of stalking, and reproductive health care

services providers, employees, volunteers, patients, or immediate family

members of reproductive health care services providers to assist persons

applying to be program participants. Such persons providing assistance

shall be trained by the secretary. Any assistance and counseling

rendered by an officer of the secretary or his or her designees to

applicants shall in no way be construed as legal advice.

4. Use and acceptance of substitute address; mail forwarding. (a) A

program participant may request that state and local agencies use the

substitute address. When creating, modifying or maintaining a public

record, state and local agencies shall accept the substitute address

upon demonstration by a program participant of his or her certification

in the program, unless the secretary waives this requirement after

determining that:

(i) the agency has a bona fide statutory or administrative requirement

for the use of the participant's actual address which would otherwise be

confidential under this section; and

(ii) the agency has explained how its acceptance of the substitute

address will prevent the agency from meeting its obligations under the

law and why it cannot meet its statutory or administrative obligation by

a change in its internal procedures.

(b) Any agency receiving a waiver shall maintain the confidentiality

of the program participant's address by redacting the actual address

when the record is released to any person and shall not make the program

participant's actual address available for inspection or copying, except

under the following circumstances:

(i) there is a bona fide statutory or administrative requirement for

the communication of an actual address to another agency that has

received a waiver from the secretary, provided that each waiver

specifically authorizes such communication with the specified agency; or

(ii) if directed by a court order to a person identified in the order.

(c) Upon receipt by the secretary of a process or mail for a

participant, the office of the secretary shall immediately forward all

such process or mail to the appropriate program participants at the

address specified by the participant for that purpose, and shall record

the date of such forwarding. Service of process on a program

participant, a program participant's minor child, incapacitated person

or other adult member of the program participant's household shall be

complete when the secretary receives such process by mail or otherwise.

(d) A program participant may use the substitute address as his or her

work address.

(e) The secretary or any member of the department of state who

reasonably and in good faith handles any process or mail on behalf of a

participant in accordance with this section shall be immune from any

civil liability which might otherwise result by reason of such actions.

5. Cancellation of certification. (a) The secretary may cancel a

program participant's certification if, after the passage of fourteen

days:

(i) from the date of changing his or her name, the program participant

does not notify the secretary that he or she has obtained a name change;

however, the program participant may reapply under his or her new name;

(ii) from the date of changing his or her actual address, the program

participant fails to notify the secretary of the change of such address;

or

(iii) from the date the secretary first receives mail, forwarded to

the program participant's address, returned as non-deliverable.

(b) The secretary shall cancel certification of a program participant

who applies using false information.

(c) The secretary shall cancel certification of a program participant

if the participant's certification term has expired and certification

renewal has not been completed.

(d) The secretary shall send notice of cancellation to the program

participant. Notice of cancellation shall set out the reasons for

cancellation. The program participant shall have thirty days to appeal

the cancellation decision under procedures developed by the secretary.

(e) Program participants may withdraw from the program by giving the

secretary written notice of their withdrawal and his or her current

identification card. The secretary shall establish, by rule, a secure

procedure for ensuring that the request for withdrawal is legitimate.

(f) Any records or documents pertaining to a program participant shall

not be a public record and shall be retained and held confidential for a

period of three years after termination of certification and then

destroyed.

6. Disclosure of participant information prohibited; exceptions. (a)

The secretary shall not make a program participant's information, other

than the substitute address, available for inspection or copying, except

under any of the following circumstances:

(i) if requested by a law enforcement agency for a legitimate law

enforcement purpose as determined by the law enforcement agency; or

(ii) to a person identified in a court order, upon the secretary's

receipt of that court order which specifically orders the disclosure of

a particular program participant's address and the reasons stated

therefor.

(b) The secretary may verify the participation of a specific program

participant, in which case the secretary may only confirm information

supplied by the requester.

7. Rules and regulations. The secretary shall promulgate rules and

regulations necessary to implement the provisions of this section.

8. Report to the legislature. The secretary shall submit to the

legislature, no later than February first of each year, a report that

includes for each county, the total number of applications received, the

total number of persons participating in the program established by this

section during the previous calendar year and the total number of pieces

of mail forwarded to program participants during the previous calendar

year.

§ 109 — Registration of certain service providers

Registration of certain service providers. 1. For purposes of

this section:

(a) "Client" shall mean a person or entity who in the preceding

calendar year retained or hired the political consultant relating to

matters before any state or local government agency, authority or

official, including services, advice or consultation relating to any

state or local government contract for real property, goods or services,

an appearance in a ratemaking proceeding, an appearance in a regulatory

matter, or an appearance in a legislative matter other than matters

described in subparagraph (E) of the second undesignated paragraph of

subdivision (c) of section one-c of the legislative law.

(b) "Political consulting services" shall mean services provided by a

political consultant to or on behalf of an elected public official in

New York state or to or on behalf of a candidate for elected office in

New York state, or to or on behalf of a person nominated for elected

public office which services: (1) assist or are intended to assist in a

campaign for nomination for election or election to office in New York

state, including fundraising activities, voter outreach, composition and

distribution of promotional literature, advertisements, or other similar

communications, as set forth in section 14-106 of the election law, or

(2) consist of political advice to an elected public official or

candidate for elected public office in New York state or person

nominated for elected public office; provided, however, that political

consulting services shall not include bona fide legal work directly

related to litigation or legal advice with regard to securing a place on

the ballot, the petitioning process, the conduct of an election, or

which involves the election law.

(c) "Political consultant" shall mean a person who holds himself or

herself out to persons in this state as a person who performs political

consulting services in a professional capacity and who is usually

compensated, excluding reimbursement for expenses, for such services.

2. The secretary of state shall promulgate rules and regulations

prescribing a registration form to be used by any political consultant

who provides political consulting services to a sitting elected public

official, candidate for elected public office or person nominated for

elected public office and who has also been retained by a client for

such services.

3. Such registration form shall identify:

(a) the name, address, and telephone number of the political

consultant;

(b) the name, address, and telephone number of each sitting elected

public official, candidate for elected public office, and person

nominated for elected public office who the political consultant

provided political consulting services to;

(c) the name, address, and telephone number of each client who retains

or hires a political consultant in the preceding calendar year provided,

that in the event the client is an entity, at least one natural person

who has a controlling interest in such entity shall be identified; and

(d) a brief description of the nature of the political consulting

services provided to each identified client.

4. Such registration shall be filed with the department of state and

shall cover a six month reporting period. The reporting period shall

mean the six month period within a calendar year starting January first

and ending June thirtieth or the six month period within a calendar year

starting July first and ending December thirty-first.

5. The secretary of state shall post the completed forms on the

department of state's website within thirty days of the close of each

reporting period.

6. The department of state may impose a civil penalty of up to seven

hundred fifty dollars upon any political consultant who fails to file a

registration required by this section provided, however, that the

secretary shall provide such political consultant a reasonable

opportunity to cure such a failure.

7. The department of state shall adopt, amend and rescind rules and

regulations defining the degree and extent of political consulting

services necessary to require the reporting pursuant to this section.

§ 110 — Administration of certain monies

Administration of certain monies. The secretary or their

designee shall administer monies collected pursuant to section 2-202 of

the village law and appropriations available for the operations of the

village incorporation commission established pursuant to section 2-260

of the village law to ensure that the commission can perform its

statutory functions; and provided further, that the secretary or their

designee shall distribute funds as required pursuant to section 2-236 of

the village law and any relevant appropriations bill.

§ 130 — Appointment of notaries public

Appointment of notaries public. 1. The secretary of state may

appoint and commission as many notaries public for the state of New York

as in his or her judgment may be deemed best, whose jurisdiction shall

be co-extensive with the boundaries of the state. The appointment of a

notary public shall be for a term of four years. An application for an

appointment as notary public shall be in form and set forth such matters

as the secretary of state shall prescribe. Every person appointed as

notary public must, at the time of his or her appointment, be a resident

of the state of New York or have an office or place of business in New

York state. A notary public who is a resident of the state and who moves

out of the state but still maintains a place of business or an office in

New York state does not vacate his or her office as a notary public. A

notary public who is a nonresident and who ceases to have an office or

place of business in this state, vacates his or her office as a notary

public. A notary public who is a resident of New York state and moves

out of the state and who does not retain an office or place of business

in this state shall vacate his or her office as a notary public. A

non-resident who accepts the office of notary public in this state

thereby appoints the secretary of state as the person upon whom process

can be served on his or her behalf. Before issuing to any applicant a

commission as notary public, unless he or she be an attorney and

counsellor at law duly admitted to practice in this state or a court

clerk of the unified court system who has been appointed to such

position after taking a civil service promotional examination in the

court clerk series of titles, the secretary of state shall satisfy

himself or herself that the applicant is of good moral character, has

the equivalent of a common school education and is familiar with the

duties and responsibilities of a notary public; provided, however, that

where a notary public applies, before the expiration of his or her term,

for reappointment with the county clerk or where a person whose term as

notary public shall have expired applies within six months thereafter

for reappointment as a notary public with the county clerk, such

qualifying requirements may be waived by the secretary of state, and

further, where an application for reappointment is filed with the county

clerk after the expiration of the aforementioned renewal period by a

person who failed or was unable to re-apply by reason of his or her

induction or enlistment in the armed forces of the United States, such

qualifying requirements may also be waived by the secretary of state,

provided such application for reappointment is made within a period of

one year after the military discharge of the applicant under conditions

other than dishonorable, or if the applicant has a qualifying condition,

as defined in section one of the veterans' services law, within a period

of one year after the applicant has received a discharge other than bad

conduct or dishonorable from such service, or if the applicant is a

discharged LGBT veteran, as defined in section one of the veterans'

services law, within a period of one year after the applicant has

received a discharge other than bad conduct or dishonorable from such

service. In any case, the appointment or reappointment of any applicant

is in the discretion of the secretary of state. The secretary of state

may suspend or remove from office, for misconduct, any notary public

appointed by him or her but no such removal shall be made unless the

person who is sought to be removed shall have been served with a copy of

the charges against him or her and have an opportunity of being heard.

No person shall be appointed as a notary public under this article who

has been convicted, in this state or any other state or territory, of a

crime, unless the secretary makes a finding in conformance with all

applicable statutory requirements, including those contained in article

twenty-three-A of the correction law, that such convictions do not

constitute a bar to appointment.

2. A person regularly admitted to practice as an attorney and

counsellor in the courts of record of this state, whose office for the

practice of law is within the state, may be appointed a notary public

and retain his office as such notary public although he resides in or

removes to an adjoining state. For the purpose of this and the following

sections of this article such person shall be deemed a resident of the

county where he maintains such office.

§ 131 — Procedure of appointment; fees and commissions; fee payment methods

Procedure of appointment; fees and commissions; fee payment

methods. 1. New appointment. (a) Applicants for a notary public

commission shall submit to the secretary of state with their

application, the oath of office, duly executed before any person

authorized to administer an oath, together with their signature.

(b) Upon being satisfied of the competency and good character of

applicants for appointment as notaries public, the secretary of state

shall issue a commission to such persons; and the official signature of

the applicants and the oath of office filed with such applications shall

take effect.

(c) The secretary of state shall receive a non-refundable application

fee of sixty dollars from applicants for appointment, which fee shall be

submitted together with the application. No further fee shall be paid

for the issuance of the commission.

(d) A notary public identification card indicating the appointee's

name, address, county and commission term shall be transmitted to the

appointee.

(e) The commission, duly dated, and a certified copy or the original

of the oath of office and the official signature, and twenty dollars

apportioned from the application fee shall be transmitted by the

secretary of state to the county clerk of the county in which the

appointee resides by the tenth day of the following month. Transmission

may be accomplished by electronic means that results in a submission of

such records and fees by the secretary of state to the county clerk. For

purposes of this section, "electronic" shall have the same meaning as

set forth in section three hundred two of the state technology law.

(f) The county clerk shall make a proper index of commissions and

official signatures transmitted to that office by the secretary of state

pursuant to the provisions of this section.

2. Reappointment. (a) Applicants for reappointment of a notary public

commission shall submit to the secretary of state with their application

the oath of office, duly executed before any person authorized to

administer an oath, together with their signature.

(b) Upon being satisfied of the completeness of the application for

reappointment, the secretary of state shall issue a commission to such

persons; and the official signature of the applicants and the oath of

office filed with such applications shall take effect.

(c) The secretary of state shall receive a non-refundable application

fee of sixty dollars from each applicant for reappointment, which fee

shall be submitted together with the application. No further fee shall

be paid for the issuance of the commission.

(d) The commission, duly dated, and a certified or original copy of

the oath of office and the official signature, and twenty dollars

apportioned from the application fee plus interest as may be required by

statute shall be transmitted by the secretary of state to the county

clerk of the county in which the appointee resides by the tenth day of

the following month. Transmission may be accomplished by electronic

means that results in a submission of such records and fees by the

secretary of state to the county clerk.

(e) The county clerk shall make a proper record of commissions

transmitted to that office by the secretary of state pursuant to the

provisions of this section.

3. Electronic notarization. (a) After registration of the capability

to perform electronic notarial acts pursuant to section one hundred

thirty-five-c of this article, the secretary of state shall transmit to

the county clerk the exemplar of the notary public's electronic

signature and any change in commission number or expiration date of the

notary public's commission. Transmission may be accomplished by

electronic means.

(b) Registration of the capability to perform electronic notarizations

shall be treated as a new appointment by the secretary of state.

4. Fees. (a) Except for changes made in an application for

reappointment, the secretary of state shall receive a non-refundable fee

of ten dollars for changing the name or address of a notary public.

(b) The secretary of state may issue a duplicate identification card

to a notary public for one lost, destroyed or damaged upon application

therefor on a form prescribed by the secretary of state and upon payment

of a non-refundable fee of ten dollars. Each such duplicate

identification card shall have the word "duplicate" stamped across the

face thereof, and shall bear the same number as the one it replaces.

(c) The secretary of state shall accept payment for any fee relating

to appointment or reappointment as a notary in the form of cash, money

order, certified check, company check, bank check or personal check. The

secretary of state may provide for accepting payment of any such fee due

by credit or debit card, which may include payment through the internet.

§ 132 — Certificates of official character of notaries public

Certificates of official character of notaries public. The

secretary of state or the county clerk of the county in which the

commission of a notary public is filed may certify to the official

character of such notary public and any notary public may file their

autograph signature and a certificate of official character in the

office of any county clerk of any county in the state and in any

register's office in any county having a register and thereafter such

county clerk may certify as to the official character of such notary

public. The secretary of state shall collect for each certificate of

official character issued the sum of one dollar. The county clerk and

register of any county with whom a certificate of official character has

been filed shall collect for filing the same the sum of ten dollars. For

each certificate of official character issued, with seal attached, by

any county clerk, the sum of five dollars shall be collected.

§ 133 — Certification of notarial signatures

Certification of notarial signatures. The county clerk of a

county in whose office any notary public has qualified or has filed

their autograph signature and a certificate of official character,

shall, when so requested and upon payment of a fee of three dollars,

affix to any certificate of proof or acknowledgment or oath signed by

such notary anywhere in the state of New York, a certificate under their

hand and seal, stating that a commission or a certificate of official

character of such notary with their autograph signature has been filed

in the county clerk's office, and that the county clerk was at the time

of taking such proof or acknowledgment or oath duly authorized to take

the same; that the county clerk is well acquainted with the handwriting

of such notary public or has compared the signature on the certificate

of proof or acknowledgment or oath with the autograph signature

deposited in their office by such notary public and believes that the

signature is genuine. An instrument with such certificate of

authentication of the county clerk affixed thereto shall be entitled to

be read in evidence or to be recorded in any of the counties of this

state in respect to which a certificate of a county clerk may be

necessary for either purpose. In addition to the foregoing powers, a

county clerk of a county in whose office a notary public has qualified

may certify the signature of an electronic notary public, registered

with the secretary of state pursuant to section one hundred

thirty-five-c of this article, provided such county clerk has received

from the secretary of state, an exemplar of the notary public's

registered electronic signature.

§ 134 — Signature and seal of county clerk

Signature and seal of county clerk. The signature and seal of a

county clerk, upon a certificate of official character of a notary

public or the signature of a county clerk upon a certificate of

authentication of the signature and acts of a notary public or

commissioner of deeds, may be a facsimile, printed, stamped,

photographed or engraved thereon.

§ 135 — Powers and duties; in general; of notaries public who are attorneys at law

Powers and duties; in general; of notaries public who are

attorneys at law. Every notary public duly qualified is hereby

authorized and empowered within and throughout the state to administer

oaths and affirmations, to take affidavits and depositions, to receive

and certify acknowledgments or proof of deeds, mortgages and powers of

attorney and other instruments in writing; to demand acceptance or

payment of foreign and inland bills of exchange, promissory notes and

obligations in writing, and to protest the same for non-acceptance or

non-payment, as the case may require, and, for use in another

jurisdiction, to exercise such other powers and duties as by the laws of

nations and according to commercial usage, or by the laws of any other

government or country may be exercised and performed by notaries public,

provided that when exercising such powers he shall set forth the name of

such other jurisdiction.

A notary public who is an attorney at law regularly admitted to

practice in this state may, in his discretion, administer an oath or

affirmation to or take the affidavit or acknowledgment of his client in

respect of any matter, claim, action or proceeding.

For any misconduct by a notary public in the performance of any of his

powers such notary public shall be liable to the parties injured for all

damages sustained by them. A notary public shall not, directly or

indirectly, demand or receive for the protest for the non-payment of any

note, or for the non-acceptance or non-payment of any bill of exchange,

check or draft and giving the requisite notices and certificates of such

protest, including his notarial seal, if affixed thereto, any greater

fee or reward than seventy-five cents for such protest, and ten cents

for each notice, not exceeding five, on any bill or note. Every notary

public having a seal shall, except as otherwise provided, and when

requested, affix his seal to such protest free of expense.

§ 135-a — Notary public or commissioner of deeds; acting without appointment; fraud in office

Notary public or commissioner of deeds; acting without

appointment; fraud in office. 1. Any person who holds himself out to the

public as being entitled to act as a notary public or commissioner of

deeds, or who assumes, uses or advertises the title of notary public or

commissioner of deeds, or equivalent terms in any language, in such a

manner as to convey the impression that he is a notary public or

commissioner of deeds without having first been appointed as notary

public or commissioner of deeds, or

2. A notary public or commissioner of deeds, who in the exercise of

the powers, or in the performance of the duties of such office shall

practice any fraud or deceit, the punishment for which is not otherwise

provided for by this act, shall be guilty of a misdemeanor.

§ 135-b — Advertising by notaries public

Advertising by notaries public. 1. The provisions of this

section shall not apply to attorneys-at-law, admitted to practice in the

state of New York.

2. A notary public who advertises his or her services as a notary

public in a language other than English shall post with such

advertisement a notice in such other language the following statement:

"I am not an attorney licensed to practice law and may not give legal

advice about immigration or any other legal matter or accept fees for

legal advice."

3. A notary public shall not use terms in a foreign language in any

advertisement for his or her services as a notary public that mean or

imply that the notary public is an attorney licensed to practice in the

state of New York or in any jurisdiction of the United States. The

secretary shall designate by rule or regulation the terms in a foreign

language that shall be deemed to mean or imply that a notary public is

licensed to practice law in the state of New York and the use of which

shall be prohibited by notary publics who are subject to this section.

4. For purposes of this section, "advertisement" shall mean and

include material designed to give notice of or to promote or describe

the services offered by a notary public for profit and shall include

business cards, brochures, and notices, whether in print or electronic

form.

5. Any person who violates any provision of this section or any rule

or regulation promulgated by the secretary may be liable for civil

penalty of up to one thousand dollars. The secretary of state may

suspend a notary public upon a second violation of any of the provisions

of this section and may remove from office a notary public upon a third

violation of any of the provisions of this section, provided that the

notary public shall have been served with a copy of the charges against

him or her and been given an opportunity to be heard. The civil penalty

provided for by this subdivision shall be recoverable in an action

instituted by the attorney general on his or her own initiative or at

the request of the secretary.

6. The secretary may promulgate rules and regulations governing the

provisions of this section, including the size and type of statements

that a notary public is required by this section to post.

§ 135-c — Electronic notarization

Electronic notarization. 1. Definitions. (a) "Communication

technology" means an electronic device or process that: (i) allows a

notary public and a remotely located individual to communicate with each

other simultaneously by sight and sound; and (ii) when necessary and

consistent with other applicable law, facilitates communication with a

remotely located individual who has a vision, hearing, or speech

impairment.

(b) "Electronic" shall have the same meaning as set forth in

subdivision one of section three hundred two of the state technology

law.

(c) "Electronic record" means information that is created, generated,

sent, communicated, received or stored by electronic means.

(d) "Electronic notarial act" means an official act by a notary

public, physically present in the state of New York, on or involving an

electronic record and using means authorized by the secretary of state.

(e) "Electronic notary public" or "electronic notary" means a notary

public who has registered with the secretary of state the capability of

performing electronic notarial acts.

(f) "Electronic signature" shall have the same meaning as set forth in

subdivision three of section three hundred two of the state technology

law.

(g) "Principal" means an individual:

(i) whose signature is reflected on a record that is notarized;

(ii) who has taken an oath or affirmation administered by a notary

public; or

(iii) whose signature is reflected on a record that is notarized after

the individual has taken an oath or affirmation administered by a notary

public.

(h) "Record" means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in

perceivable form.

2. Any notary public qualified under this article is hereby authorized

to perform an electronic notarial act by utilizing audio-video

communication technology that allows the notary public to interact with

a principal, provided that all conditions of this section are met.

(a) The methods for identifying document signers for an electronic

notarization shall be the same as the methods required for a paper-based

notarization; provided, however, an electronic notarial act conducted

utilizing communication technology shall meet the standards which have

been approved through regulation by the secretary of state as

acceptable. Such regulations shall include, but not be limited to:

(i) that the signal transmission shall be secure from interception

through lawful means by anyone other than the persons communicating;

(ii) that the communication technology shall permit the notary public

to communicate with the principal live, in real time;

(iii) that the communication technology shall permit the notary to

communicate with and identify the remotely located individual at the

time of the notarial act; and

(iv) a standard that requires two or more different processes for

authenticating the identity of a remotely located individual utilizing

technology to detect and deter fraud, but which may allow a notary

public's personal knowledge of a document signer to satisfy such

requirement.

(b) If video and audio conference technology has been used to

ascertain a document signer's identity, the electronic notary shall keep

a copy of the recording of the video and audio conference and a notation

of the type of any other identification used. The recording shall be

maintained for a period of at least ten years from the date of

transaction.

3. Registration requirements. (a) Before performing any electronic

notarial act or acts, a notary public shall register the capability to

notarize electronically with the secretary of state on a form prescribed

by the secretary of state and upon payment of a fee which shall be set

by regulation.

(b) In registering the capability to perform electronic notarial acts,

the notary public shall provide the following information to the

secretary of state, notary processing unit:

(i) the applicant's name as currently commissioned and complete

mailing address;

(ii) the expiration date of the notary public's commission and

signature of the commissioned notary public;

(iii) the applicant's e-mail address;

(iv) the description of the electronic technology or technologies to

be used in attaching the notary public's electronic signature to the

electronic record; and

(v) an exemplar of the notary public's electronic signature, which

shall contain the notary public's name and any necessary instructions or

techniques that allow the notary public's electronic signature to be

read.

4. Types of electronic notarial acts. (a) Any notarial act authorized

by section one hundred thirty-five of this article may be performed

electronically as prescribed by this section if: (i) for execution of

any instrument in writing, under applicable law that document may be

signed with an electronic signature and the notary public is reasonably

able to confirm that such instrument is the same instrument in which the

principal made a statement or on which the principal executed a

signature; and (ii) the electronic notary public is located within the

state of New York at the time of the performance of an electronic

notarial act using communication technology, regardless of the location

of the document signer. If the principal is outside the United States,

the record or subject of the notarial act:

(1) is to be filed with or relates to a matter before a public

official or court, governmental entity, or other entity subject to the

jurisdiction of the United States; or

(2) shall involve property located in the territorial jurisdiction of

the United States or shall involve a transaction substantially connected

with the United States.

(b) An electronic notarial act performed using communication

technology pursuant to this section satisfies any requirement of law of

this state that a document signer personally appear before, be in the

presence of, or be in a single time and place with a notary public at

the time of the performance of the notarial act.

5. Form and manner of performing the electronic notarial act. (a) When

performing an electronic notarial act relating to execution of

instruments in writing, a notary public shall apply an electronic

signature, which shall be attached to the electronic record such that

removal or alteration of such electronic signature is detectable and

will render evidence of alteration of the document containing the notary

signature which may invalidate the electronic notarial act.

(b) The notary public's electronic signature is deemed to be reliable

if the standards which have been approved through regulation by the

secretary of state have been met. Such regulations shall include, but

not be limited to, the requirements that such electronic signature be:

(i) unique to the notary public;

(ii) capable of independent verification;

(iii) retained under the notary public's sole control;

(iv) attached to the electronic record; and

(v) linked to the data in such a manner that any subsequent

alterations to the underlying document are detectable and may invalidate

the electronic notarial act.

(c) The notary public's electronic signature shall be used only for

the purpose of performing electronic notarial acts.

(d) The remote online notarial certificate for an electronic notarial

act shall state that the person making the acknowledgement or making the

oath appeared through use of communication technology.

(e) The secretary shall adopt rules necessary to establish standards,

procedures, practices, forms, and records relating to a notary public's

electronic signature. The notary public's electronic signature shall

conform to any standards adopted by the secretary.

6. Recording of an electronic record. (a) If otherwise required by law

as a condition for recording that a document be an original document,

printed on paper or another tangible medium, or be in writing, the

requirement is satisfied by paper copy of an electronic record that

complies with the requirements of this section.

(b) If otherwise required by law as a condition for recording, that a

document be signed, the requirement may be satisfied by an electronic

signature.

(c) A requirement that a document or a signature associated with a

document be notarized, acknowledged, verified, witnessed, or made under

oath is satisfied if the electronic signature of the person authorized

to perform that act, and all other information required to be included,

is attached to or logically associated with the document or signature. A

physical or electronic image of a stamp, impression, or seal need not

accompany an electronic signature if the notary has attached an

electronic notarial certificate that meets the requirements of this

section.

(d) (i) A notary public may certify that a tangible copy of the

signature page and document type of an electronic record notarized by

such notary public is an accurate copy of such electronic record. Such

certification must (1) be dated and signed by the notary public in the

same manner as the official signature of the notary public provided to

the secretary of state pursuant to section one hundred thirty-one of

this article, and (2) comply with section one hundred thirty-seven of

this article.

(ii) A county clerk, city registrar, or other recording officer where

applicable shall accept for recording a tangible copy of an electronic

record and that is otherwise eligible to be recorded under the laws of

this state if the record has been certified by a notary public or other

individual authorized to perform a notarial act.

(iii) A certification in substantially the following form is

sufficient for the purposes of this subdivision:

CERTIFICATE OF AUTHENTICITY

State of New York )

) ss.:

County of ...............)

On this ...... day of ...... in the year ....., I certify that the

signature page of the attached record (entitled ......) (dated ......)

is a true and correct copy of the signatures affixed to an electronic

record printed by me or under my supervision. I further certify that, at

the time of printing, no security features present on the electronic

record indicated any changes or errors in an electronic signature in the

electronic record after its creation or execution.

(Signature and title of notary public)

(official stamp or registration number, with the expiration

date of the notary public's commission)

7. Change of e-mail address. Within five days after the change of an

electronic notary public's e-mail address, the notary public shall

electronically transmit to the secretary of state a notice of the

change, signed with the notary public's official electronic signature.

8. No notary public or business employing the services of a notary

public operating in the state of New York shall exclusively require

notarial transactions to utilize electronic notarization.

9. Nothing in this section shall be construed as requiring any notary

public to perform a notarial act using electronic communication

technology. A notary public may refuse to perform such a notarial act if

the notary public is not satisfied that (a) the principal is competent

or has the capacity to execute a record, or (b) the principal's

signature is knowingly and voluntarily made.

10. Notwithstanding article nine of the real property law or any other

law to the contrary, any act performed in conformity with this section

shall satisfy any requirements at law that a principal personally appear

before, be in the presence of, or be in a single time and place with a

notary public at the time of the performance of the notarial act, unless

a law expressly excludes the authorization provided for in this section.

§ 136 — Notarial fees

Notarial fees. A notary public shall be entitled to the

following fees:

1. For administering an oath or affirmation, and certifying the same

when required, except where another fee is specifically prescribed by

statute, two dollars.

2. For taking and certifying the acknowledgment or proof of execution

of a written instrument, by one person, two dollars, and by each

additional person, two dollars, for swearing each witness thereto, two

dollars.

3. For electronic notarial services, established in section one

hundred thirty-five-c of this chapter, a fee set through regulation by

the secretary of state.

§ 137 — Statement as to authority of notaries public

Statement as to authority of notaries public. In exercising

powers pursuant to this article, a notary public, in addition to the

venue of the act and signature of such notary public, shall print,

typewrite, stamp, or affix by electronic means where performing an

electronic notarial act in conformity with section one hundred

thirty-five-c of the executive law, beneath their signature in black

ink, the notary public's name, the words "Notary Public State of New

York," the name of the county in which such notary public originally

qualified, and the expiration date of such notary public's commission

and, in addition, wherever required, a notary public shall also include

the name of any county in which such notary public's certificate of

official character is filed, using the words "Certificate filed

........... County." A notary public who is duly licensed as an attorney

and counsellor at law in this state may substitute the words "Attorney

and Counsellor at Law" for the words "Notary Public." A notary public

who has qualified or who has filed a certificate of official character

in the office of the clerk in a county or counties within the city of

New York must also affix to each instrument such notary public's

official number or numbers in black ink, as assigned by the clerk or

clerks of such county or counties at the time such notary qualified in

such county or counties and, if the instrument is to be recorded in an

office of the register of the city of New York in any county within such

city and the notary has been given a number or numbers by such register

or his predecessors in any county or counties, when the notary public's

autographed signature and certificate are filed in such office or

offices pursuant to this chapter, the notary public shall also affix

such number or numbers. No official act of such notary public shall be

held invalid on account of the failure to comply with these provisions.

If any notary public shall willfully fail to comply with any of the

provisions of this section, the notary public shall be subject to

disciplinary action by the secretary of state. In all the courts within

this state the certificate of a notary public, over the signature of the

notary public, shall be received as presumptive evidence of the facts

contained in such certificate; provided, that any person interested as a

party to a suit may contradict, by other evidence, the certificate of a

notary public.

§ 138 — Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation

Powers of notaries public or other officers who are

stockholders, directors, officers or employees of a corporation. A

notary public, justice of the supreme court, a judge, clerk, deputy

clerk, or special deputy clerk of a court, an official examiner of

title, or the mayor or recorder of a city, a justice of the peace,

surrogate, special surrogate, special county judge, or commissioner of

deeds, who is a stockholder, director, officer or employee of a

corporation may take the acknowledgment or proof of any party to a

written instrument executed to or by such corporation, or administer an

oath to any other stockholder, director, officer, employee or agent of

such corporation, and such notary public may protest for non-acceptance

or non-payment, bills of exchange, drafts, checks, notes and other

negotiable instruments owned or held for collection by such corporation;

but none of the officers above named shall take the acknowledgment or

proof of a written instrument by or to a corporation of which he is a

stockholder, director, officer or employee, if such officer taking such

acknowledgment or proof be a party executing such instrument, either

individually or as representative of such corporation, nor shall a

notary public protest any negotiable instruments owned or held for

collection by such corporation, if such notary public be individually a

party to such instrument, or have a financial interest in the subject of

same. All such acknowledgments or proofs of deeds, mortgages or other

written instruments, relating to real property heretofore taken before

any of the officers aforesaid are confirmed. This act shall not affect

any action or legal proceeding now pending.

§ 139 — Commissioners of deeds within the state

Commissioners of deeds within the state. 1. Commissioners of

deeds in the cities of this state shall be appointed by the common

councils of such cities respectively, and shall hold office for the term

of two years from the date of their appointment, and until others are

appointed in their places. A vacancy occurring during the term for which

any commissioner shall be appointed, shall be filled by the common

council. The common council of the several cities of this state, except

in cities of this state situate in a county which has a population of

not less than one hundred and eighty thousand, and not more than six

hundred and fifty thousand, according to the last state or federal

enumeration, shall at the end of every even numbered year, by resolution

of the board, determine the number of commissioners of deeds to be

appointed for such cities respectively.

2. The term of office of each commissioner of deeds appointed by the

common council in cities of this state situate in a county which has a

population of not less than one hundred and eighty thousand, and not

more than six hundred and fifty thousand, according to the last state or

federal enumeration, shall expire on the thirty-first of December of the

even numbered year next after he shall be appointed. The common council

of any such city shall in the month of November in every even numbered

year, by resolution, determine the number of commissioners of deeds to

be appointed in such cities, respectively, for the next succeeding two

years.

3. Any person who resides in or maintains an office or other place of

business in any such city and who resides in the county in which said

city is situated shall be eligible to appointment. Such commissioners of

deeds may be appointed by the common council by resolution, and the city

clerk shall immediately after such appointment, file a certificate

thereof with the county clerk of the county in which such city is

situate, specifying the term for which the said commissioners of deeds

shall have been appointed; the county clerk shall thereupon notify such

persons of their appointment, and such persons so appointed shall

qualify by filing with him his oath of office, duly executed before such

county clerk or before any person authorized to administer an oath,

together with his official signature, within thirty days from the date

of such notice.

4. The county clerk shall make a proper index of certificates of

appointment and official signatures filed with him. For filing and

indexing the certificate of appointment and official signature, the

county clerk shall be paid a fee of one dollar by the appointee, which

fee shall include the administration of the oath by the county clerk,

should he administer the same.

5. If a person appointed commissioner of deeds shall not file his oath

of office as such commissioner of deeds, in the office of the clerk of

the county of his residence, within thirty days after the notice of his

appointment as above provided, his appointment is deemed revoked and the

fee filed with his application forfeited.

6. A commissioner of deeds may file his autograph signature and

certificate of appointment in the office of any county clerk, and the

county clerk of the county in which such city is located, upon request

of any commissioner appointed under the provisions of this section and

upon payment of twenty-five cents for each certificate, must make and

deliver to such commissioner such number of certificates as may be

required. Such certificates shall be issued under the hand and seal of

the county clerk of the county in which such city is located, showing

the appointment and term of office of such commissioner and stating the

county in which he resides. Such a certificate may be filed in the

office of any county clerk upon the payment of one dollar for such

filing in each office. The clerks of the counties outside the city of

New York, shall each keep a book or card index file in which shall be

registered the signature of the commissioners so filing such

certificates.

7. The county clerk of the county in which said city is located shall,

upon demand and upon payment of the sum of fifty cents, authenticate a

certificate of acknowledgment or proof of oath taken before such

commissioner of deeds within such city, by subjoining or attaching to

the original certificate of acknowledgment or proof of oath a

certificate under his hand and official seal specifying that at the time

of taking the acknowledgment or proof of oath the officer taking it was

duly authorized to take the same; that the authenticating officer is

acquainted with the former's handwriting, or has compared the signature

on the certificate of acknowledgment or proof of oath with the autograph

signature deposited in his office by such officer, and that he verily

believes the signature is genuine.

8. Any instrument or paper sworn to, proved or acknowledged before a

commissioner of deeds within a city and authenticated as hereinbefore

provided by the clerk of a county within which such city is located

shall be recorded and read in evidence in any county in this state

without further proof; provided, however, that a county clerk's

certificate of authentication shall not be necessary to entitle any deed

or other instrument or paper so proved or acknowledged to be recorded in

any office where such commissioner has filed his autograph signature and

certificate of appointment or to be read in evidence in any county in

which such commissioner has filed with the county clerk his autograph

signature and certificate of appointment, as herein provided.

9. The foregoing provisions of this section shall not apply in the

city of New York.

§ 140 — Commissioners of deeds in the city of New York

Commissioners of deeds in the city of New York. 1. The council

of the city of New York is hereby authorized and is empowered to appoint

commissioners of deeds in such city from time to time, who shall hold

their offices for two years from the date of their appointment.

2. No person shall be appointed a commissioner of deeds except an

attorney-at-law unless such person shall have submitted with his

application proof of his ability to perform the duties of the office.

Applicants serving clerkships in the offices of attorneys, and whose

clerkship certificate is on file with the proper officials, shall submit

an affidavit to that effect. Other employees of attorneys shall submit

an affidavit sworn to by a member of the firm of such attorneys that the

applicant is a proper and competent person to perform the duties of a

commissioner of deeds. Every other applicant shall furnish a certificate

of the city clerk of such city stating that he has examined the

applicant and believes such applicant to be competent to perform the

duties of a commissioner of deeds; provided, however, that where a

commissioner of deeds applies, before the expiration of his term, for a

reappointment or where a person whose term as commissioner of deeds

shall have expired applies within six months after such expiration for

appointment as a commissioner of deeds, such examination shall not be

required. Upon any such application for such renewal the city clerk

shall furnish the applicant with a certificate stating that the

applicant has theretofore qualified for appointment and indicate the

date of the applicant's original appointment thereon. The fee for

issuing each such certificate shall be fifty cents.

3. Such appointment shall not require the approval of the mayor, and

hereafter, at the time of subscribing or filing the oath of office, the

city clerk shall collect from each person appointed a commissioner of

deeds the sum of twenty-five dollars, and he shall not administer or

file such oath unless such fee has been paid.

4. The city clerk shall designate a commissioner of deeds clerk, whose

duties shall be to enter the names of commissioners of deeds appointed

in a book kept for that purpose, make out certificates of appointment

and discharge such other duties as the city clerk may designate.

5. Any person hereafter appointed to the office of commissioner of

deeds in and for the city of New York by the council, before entering

upon the discharge of the duties of such office and within thirty days

after such appointment, shall take and subscribe before the commissioner

of deeds clerk in the office of the city clerk or before any person

authorized to administer oaths the following oath of office: that the

applicant is a citizen of the United States, and a resident of the state

of New York, the city of New York and the county of (naming the county);

that he will support the constitution of the United States and the

constitution of the state of New York and faithfully discharge the

duties of the office of commissioner of deeds. A person regularly

admitted to practice as an attorney and counsellor in the courts of

record of this state, whose office for the practice of law is within the

city of New York, may be appointed a commissioner of deeds in and for

the city of New York and may retain his office as such commissioner of

deeds although he resides in or removes to another city in this state or

to an adjoining state. For the purposes of this and the following

sections of this article such person shall be deemed a resident of the

county where he maintains such office.

5-a. A person regularly admitted to practice as an attorney and

counsellor in the courts of record of this state, whose office for the

practice of law is within the city of New York, may be appointed a

commissioner of deeds in and for the city of New York and may retain his

office as such commissioner of deeds although he resides in or removes

to any other county in this state or to an adjoining state. For the

purposes of this article such person shall be deemed a resident of the

county where he maintains such office.

6. Any commissioner of deeds who may remove from the city of New York

during his term of office vacates his office and is hereby required to

notify the city clerk of such removal, and immediately upon the receipt

of such notice of removal the city clerk shall cause the name of such

commissioner to be stricken from the roll of commissioners of deeds of

the city.

7. Any person appointed to the office of commissioner of deeds under

the provisions of this section, upon qualifying as above provided, may

administer oaths and take acknowledgments or proofs of deeds and other

instruments in any part of the city of New York.

8. A commissioner of deeds may file his autograph signature and

certificate of appointment in the office of any county clerk in the

city; and the city clerk, upon request of any commissioner appointed

under the provisions of this section and upon payment of twenty-five

cents for each certificate, must make and deliver to such commissioner

such number of certificates as such commissioner may require. Such

certificates shall be issued under the hand and official seal of the

city clerk, showing the appointment and term of office of such

commissioner and stating the county in which he resides, which

certificates may be filed in the office of the several county clerks in

the city upon payment of one dollar in each office for filing.

9. The clerks of the counties of New York, Kings, Queens, Richmond and

Bronx shall each keep a book or card index file in which shall be

registered the signature of the commissioners so filing such

certificates; and the county clerk of any county in the city with whom

such commissioner has filed a certificate of appointment shall, upon

demand and upon payment of the sum of fifty cents, authenticate a

certificate of acknowledgment or proof of oath taken before such

commissioner of deeds, without regard to the county in the city in which

such acknowlgment or proof was taken or oath administered, by subjoining

or attaching to the original certificate of acknowledgment or proof or

oath a certificate under his hand and official seal specifying that at

the time of taking the acknowledgment or proof or oath the officer

taking it was duly authorized to take the same; that the authenticating

officer is acquainted with the former's handwriting, or has compared the

signature on the certificate of acknowledgment, proof or oath with the

autograph signature deposited in his office by such officer, and that he

verily believes the signature is genuine.

10. Any instrument or paper sworn to, proved or acknowledged before a

commissioner of deeds within the city of New York and authenticated as

hereinbefore provided by the clerk of any county within the city with

whom such commissioner has filed his autograph signature and certificate

of appointment shall be recorded and read in evidence in any county in

this state without further proof; provided, however, that a county

clerk's certificate of authentication shall not be necessary to entitle

any deed or other instrument or paper so proved or acknowledged to be

recorded or read in evidence in any office of the county clerks within

the city of New York or the office of the register of the city of New

York.

11. A commissioner of deeds must affix, in black ink, to each

instrument sworn to, acknowledged or proved, in addition to his

signature, the date when his term expires and his official number as

given to him by the city clerk, and must print, typewrite or stamp his

name in black ink beneath his signature.

12. The mayor of the city of New York may remove any commissioner of

deeds appointed under the provisions of this section for cause shown;

but no such commissioner shall be removed until charges have been duly

made against him to the mayor and the commissioner shall have had an

opportunity to answer the same. At any proceedings held before the mayor

for the removal of such commissioner of deeds the mayor shall have power

to subpoena witnesses and to compel the attendance of the same, and to

administer oaths, and to compel the production of books and papers, and

upon the termination of such proceedings shall make his decision thereon

in writing, and cause the same to be filed in the office of the city

clerk of the city of New York, provided, however, that the mayor may,

whenever a hearing is granted by him on complaint against a commissioner

of deeds, designate an assistant corporation counsel to preside who

shall have power to subpoena witnesses and to compel the attendance of

the same, administer oaths, compel the production of books and papers

and receive exhibits; such assistant shall, upon the termination of such

proceedings, certify a copy of the stenographer's minutes of such

hearing and such exhibits as may be received in evidence, together with

his recommendations on the issues presented, whereupon the mayor shall

render a decision on all matters presented on such hearing.

13. In case such commissioner shall be removed from office the city

clerk, immediately upon the receipt by him of the order of removal

signed by the mayor, shall cause the name of such commissioner so

removed to be stricken from the roll of commissioners of deeds of the

city.

14. No person who has been removed from office as a commissioner of

deeds for the city of New York, as hereinbefore provided, shall

thereafter be eligible again to be appointed as such commissioner nor,

shall he be eligible thereafter to appointment to the office of notary

public.

15. Any person who has been removed from office as aforesaid, who

shall, after knowledge of such removal, sign or execute any instrument

as a commissioner of deeds or notary public shall be deemed guilty of a

misdemeanor.

16. In case of the removal for cause, or removal from the city or

resignation of a commissioner of deeds, the city clerk shall immediately

notify each county clerk and the register of the city of New York of

such removal or resignation.

§ 141 — Commissioners of deeds in other states, territories and foreign countries

Commissioners of deeds in other states, territories and foreign

countries. The secretary of state may, in his discretion, appoint and

commission in any other state, territory or dependency, or in any

foreign country, such number of commissioners of deeds as he may think

proper, each of whom shall be a resident of or have his place of

business in the city, county, municipality or other political

subdivision from which chosen, and shall hold office for the term of

four years, unless such appointment shall be sooner revoked by the

secretary of state, who shall have power to revoke the same. A person

applying for appointment as a commissioner of deeds shall state in his

application the city, county, municipality or other political

subdivision for which he desires to be appointed, and shall enclose with

his application the sum of twenty-five dollars, which sum, if a

commission shall be granted, shall be paid by the secretary of state

into the state treasury, and if such commission shall not be granted,

then the same shall be returned to the person making the application.

Each commissioner, before performing any of the duties or exercising any

of the powers of his office, shall take the constitutional oath of

office, if appointed for a city or county within the United States,

before a justice of the peace or some other magistrate in such city or

county; and if for a territory or dependency, before a judge of a court

of record in such territory or dependency; and if for a city,

municipality or other political subdivision in a foreign country, before

a person authorized by the laws of this state to administer an oath in

such country, or before a clerk or judge of a court of record in such

foreign country; and shall cause to be prepared an official seal on

which shall be designated his name, the words, "commissioner of deeds

for the state of New York," and the name of the city or county, and the

state, country, municipality or other political subdivision from which

appointed, and shall file a clear impression of such seal, his written

signature and his oath certified by the officer before whom it was

taken, in the office of the department of state. The secretary of state

upon receipt of such impression, signature and oath, shall forward to

such commissioner instructions and forms, and a copy of the appropriate

sections of this chapter.

§ 142 — Powers of such commissioners

Powers of such commissioners. Every such commissioner shall

have authority, within the city, county, municipality or other political

subdivision for which he is appointed, and in the manner in which such

acts are performed by authorized officers within the state:

1. To take the acknowledgment or proof of the execution of a written

instrument, except a bill of exchange, promissory note or will, to be

read in evidence or recorded in this state.

2. To administer oaths.

3. If such commissioner is also an attorney at law regularly admitted

to practice in this state, in his discretion, to the extent authorized

by this section, to administer an oath to or take the acknowledgment of

or proof of the execution of an instrument by his client with respect to

any matter, claim, action or proceeding.

4. If appointed for a foreign country, to certify to the existence of

a patent, record or other document recorded in a public office or under

official custody in such foreign country, and to the correctness of a

copy of such patent, record or document, or to the correctness of a copy

of a certified copy of such patent, record or other document, which has

been certified according to the form in use in such foreign country.

5. A written instrument acknowledged or proved, an oath administered,

or a copy or a copy of a certified copy of a patent, record or other

document certified, as heretofore provided in this section, may be read

in evidence or recorded within this state, the same as if taken,

administered or certified within the state before an officer authorized

to take the acknowledgment or proof of a written instrument, to

administer oaths, or to certify to the correctness of a public record,

if there shall be annexed or subjoined thereto, or indorsed thereon a

certificate of the commissioner before whom such acknowledgment or proof

was taken, by whom the oath was administered, or by whom the correctness

of such copy is certified, under his hand and official seal. Such

certificate shall specify the day on which, and the city or other

political subdivision, and the state or country or other place in which,

the acknowledgment or proof was taken, or the oath administered, without

which specification the certificate shall be void. Except as provided in

subdivision five of this section, such certificate shall be

authenticated by the certificate of the secretary of state annexed or

subjoined to the certificate of such commissioner, that such

commissioner was, at the time of taking such acknowledgment or proof, of

administering such oath, or of certifying to such patent record or

document, or copy thereof, duly authorized therefor, that he is

acquainted with the handwriting of such commissioner, or has compared

the signature upon the certificate with the signature of such

commissioner deposited in his office, that he has compared the

impression of the seal affixed to such certificate with the impression

of the seal of such commissioner deposited in his office, and that he

believes the signature and the impression of the seal upon such

certificate to be genuine. The certificate of a commissioner as to the

correctness of a copy of a certified copy of a patent, record or other

document, as provided by this section, shall be presumptive evidence

that it was certified according to the form in use in such foreign

country.

6. A commissioner of deeds appointed pursuant to the preceding section

may during his term of office procure from the secretary of state, on

payment to him of a fee of two dollars, a certificate of his

appointment, prescribed by the secretary of state, stating among other

things, the date of his appointment, the date of expiration thereof and

the city, county, municipality or other political subdivision for which

he is appointed, and containing the signature of the commissioner in his

own handwriting and his official seal, and certifying that he has

compared the signature on such certificate with the signature of such

commissioner deposited in his office, that he has compared the

impression of the seal affixed to such certificate with the impression

of the seal of such commissioner deposited in his office and that he

believes the signature and the impression of the seal upon such

certificate to be genuine. Such a certificate may be filed by such

commissioner in the office of any county clerk or register in the state

upon the payment to such county clerk or register of a fee of two

dollars. Upon the filing of such certificate in the office of a county

clerk or register in this state, a written instrument acknowledged or

proved, an oath administered, or a copy or copy of a certified copy of a

patent, record or other document certified, by a commissioner pursuant

to this section, shall be entitled to be read in evidence and shall be

accepted for filing or recording and filed or recorded, as the case may

be, in the office of such county clerk or register, on tender or payment

of the lawful fees therefor, without having annexed or subjoined to the

certificate of such commissioner contained thereon the authenticating

certificate of the secretary of state as required by subdivision five of

this section or by subdivision one of section three hundred eleven of

the real property law or by any other provision of law.

§ 142-a — Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects

Validity of acts of notaries public and commissioners of

deeds notwithstanding certain defects. 1. Except as provided in

subdivision three of this section, the official certificates and other

acts heretofore or hereafter made or performed of notaries public and

commissioners of deeds heretofore or hereafter and prior to the time of

their acts appointed or commissioned as such shall not be deemed

invalid, impaired or in any manner defective, so far as they may be

affected, impaired or questioned by reason of defects described in

subdivision two of this section.

2. This section shall apply to the following defects:

(a) ineligibility of the notary public or commissioner of deeds to be

appointed or commissioned as such;

(b) misnomer or misspelling of name or other error made in his

appointment or commission;

(c) omission of the notary public or commissioner of deeds to take or

file his official oath or otherwise qualify;

(d) expiration of his term, commission or appointment;

(e) vacating of his office by change of his residence, by acceptance

of another public office, or by other action on his part;

(f) the fact that the action was taken outside the jurisdiction where

the notary public or commissioner of deeds was authorized to act.

3. No person shall be entitled to assert the effect of this section to

overcome a defect described in subdivision two if he knew of the defect

or if the defect was apparent on the face of the certificate of the

notary public or commissioner of deeds; provided however, that this

subdivision shall not apply after the expiration of six months from the

date of the act of the notary public or commissioner of deeds.

4. After the expiration of six months from the date of the official

certificate or other act of the commissioner of deeds, subdivision one

of this section shall be applicable to a defect consisting in omission

of the certificate of a commissioner of deeds to state the date on which

and the place in which an act was done, or consisting of an error in

such statement.

5. This section does not relieve any notary public or commissioner of

deeds from criminal liability imposed by reason of his act, or enlarge

the actual authority of any such officer, nor limit any other statute or

rule of law by reason of which the act of a notary public or

commissioner of deeds, or the record thereof, is valid or is deemed

valid in any case.

§ 143 — Fees of such commissioners

Fees of such commissioners. The fees of such commissioners

shall be as follows:

1. If appointed for another state, territory or dependency, not to

exceed four times the amount allowed by the laws of such state,

territory or dependency for like services, and not to exceed in any case

one dollar for taking the proof or acknowledgment of a written

instrument, or administering an oath;

2. If appointed for Great Britain or Ireland, for administering or

certifying an oath, one shilling sterling, and for taking the proof or

acknowledgment of a written instrument, or for certifying to the

existence or correctness of a copy of a patent, record or document, four

shillings sterling;

3. If appointed for France or any other foreign country, for

administering and certifying an oath, one franc and twenty-five

centimes, and for taking the proof or acknowledgment of a written

instrument, or for certifying to the existence or correctness of a copy

of a patent, record or document, five francs.

§ 144 — Saving clause

Saving clause. In case it be judicially determined that any

phrase, clause, part, paragraph or section of any of the provisions of

sections one hundred thirty, one hundred thirty-one, one hundred

thirty-two, one hundred thirty-three, one hundred thirty-five, one

hundred thirty-six, one hundred thirty-seven and one hundred

thirty-eight is unconstitutional or otherwise invalid, such

determination shall not affect the validity or effect of the remaining

provisions of the aforementioned sections. All persons heretofore

appointed and still holding office as notaries public shall continue in

such office after the effective date of this article, with the same

powers and duties as herein provided until the expiration of the term

for which they were appointed.

§ 144-a — Eligible professions for the purchase, sale, and use of body armor

Eligible professions for the purchase, sale, and use of body

armor. The secretary of state in consultation with the division of

criminal justice services, the division of homeland security and

emergency services, the department of corrections and community

supervision, the division of the state police, and the office of general

services shall promulgate rules and regulations to establish criteria

for eligible professions requiring the use of body armor, as such term

is defined in subdivision two of section 270.20 of the penal law. Such

professions shall include those in which the duties may expose the

individual to serious physical injury that may be prevented or mitigated

by the wearing of body armor. Such rules and regulations shall also

include a process by which an individual or entity may request that the

profession in which they engage be added to the list of eligible

professions, a process by which the department shall approve such

professions, and a process by which individuals and entities may present

proof of engagement in eligible professions when purchasing body armor.

ARTICLE 6-A State Register

§ 145 — Definitions

Definitions. As used in this article, unless another meaning is

clearly apparent in the language or context:

1. The term "agency" shall mean any department, board, bureau,

commission, division, office, council, committee or officer of the

state, a public benefit corporation or public authority at least one of

whose members is appointed by the governor.

2. The term "public corporation" shall mean and include a municipal

corporation, a district corporation, or public benefit corporation

except a public benefit corporation at least one of whose members is

appointed by the governor.

3. The term "person" shall mean any individual, partnership,

corporation, association, or public or private organization of any

character, other than an agency or public corporation.

§ 146 — Publication of certain public notices

Publication of certain public notices. 1. The department of

state shall publish, pursuant to the schedule in section one hundred

forty-seven of this article, and post on its internet website a

publication to be known as the state register, in which shall be

published and posted from time to time as received by such department:

(a) rules, orders, designations, and notices submitted by the chief

administrator of the courts;

(b) notices and advertisements required by state statute or federal

law, rule or regulation to be published by an agency in a newspaper;

(c) notices required by statute to be published in newspapers in

actions against foreign corporations;

(d) notices and job impact statements required by the state

administrative procedure act to be published in the state register; and

(e) any other matter required by statute to be published in the state

register.

2. The secretary of state may, at his or her discretion, publish and

post in the state register any notice or information which is not

otherwise required by statute to be submitted to him or her by an agency

or public corporation for publication in the state register, in

instances where such publication and posting will serve the public

interest.

3. With regard to rule making notices required to be published and

posted in the state register pursuant to article two of the state

administrative procedure act, the secretary of state may, at his or her

discretion, publish and post the complete text of a proposed or adopted

rule, which is not otherwise required to be published and posted in the

state register, in instances where such publication and posting will

serve the public interest. The secretary of state shall accept from a

state agency all rulemaking notices, statements and analyses as required

by the state administrative procedure act, data, rules, and regulations

as provided for by article three of the state technology law.

4. With regard to a notice of adoption published in the state register

pursuant to article two of the state administrative procedure act, for

which the corresponding notice of proposed rule making published and

posted in the state register included the complete text of the rule, the

secretary of state may, at his or her discretion, include only the

changes in such text in the notice of adoption.

4-a. Notice of the availability of any state or federal funding which

is to be distributed by any agency upon application by any municipality,

school board, school district, not-for-profit organization or any other

individual or organization entitled to apply for such funding pursuant

to any law, rule or regulation governing the distribution of such funds

shall be published and posted in the state register. Such notice shall

appear in the register no later than forty-five days prior to the last

day for receipt of applications for such funding. Such notice shall not

be required: (i) whenever a notice has been published in the procurement

opportunities newsletter pursuant to article four-C of the economic

development law; (ii) for state or federal transportation funding; and

(iii) in those instances where an entity has been specifically

designated by law or legislative resolution to receive funding. Failure

to publish the notice in a timely manner shall not be a basis for

setting aside an award or challenging a contract or other legal claim.

5. The publication and posting of notices and advertisements in the

state register shall be additional to their publication in newspapers,

whenever publication in newspapers is required by statute.

6. The secretary of state shall promulgate rules establishing

procedure, forms, font and style for submission of material by any

person, agency or public corporation for publication and posting in the

state register.

§ 147 — Schedule of publication

Schedule of publication. 1. The department of state shall

publish a regular issue of the state register at least once a week and

special issues as directed by statute or as deemed appropriate by the

secretary of state.

2. The department of state may publish special issues which shall

include information and notices required to be published pursuant to

section fourteen hundred two of the abandoned property law, at times

specified by such section.

3. The department of state shall publish, quarterly, a special issue

which shall:

(a) contain an index of all notices published in the state register

pursuant to article two of the state administrative procedure act

between January first of the year of publication and the state register

issue immediately preceding publication of this special issue;

(b) cite each notice in the index by the identification number

described in subdivision three of section one hundred forty-nine of this

article and for each such notice cited, the index shall include a

description of the subject and purpose of the rule, the date of

publication of the notice, and a symbol denoting whether the notice was

for (i) a proposed rule making, (ii) an adoption, (iii) an emergency

adoption, (iv) an expiration, (v) a revised rule making or (vi) a

withdrawal; and

(c) arrange notice citations by agency in alphabetical order and

present consecutively all such citations relating to a single rule

making.

§ 148 — Distribution and fees

Distribution and fees. 1. a. The department of state shall mail

or otherwise deliver a copy of each issue of the state register to the

office of the clerk of every county, to every library designated by the

commissioner of education, and upon written request, to the office of

the clerk of any city, town or village. Such copies shall be made

available for public inspection by such offices and libraries for not

less than one year.

b. On or before September first, nineteen hundred eighty-three, and

annually thereafter, the commissioner of education shall designate a

sufficient number of libraries, not to exceed three hundred, to provide

a uniform, statewide distribution of copies of each issue of the state

register, and shall provide the department of state with a list of such

designated libraries.

2. The department of state shall mail or otherwise deliver a copy of

each regular issue and the quarterly index required by subdivision three

of section one hundred forty-seven of this article to each agency and

every state legislator, unless the agency or state legislator has

requested that the department discontinue such delivery, and shall

provide notice and indicate the availability upon request of any special

issue published pursuant to subdivision two of section one hundred

forty-seven of this article by placing said notice in the regular issue

appearing two weeks prior to the publication date of any such special

issue. Such special issues shall be available to each agency and state

legislator at no charge.

3. Subscriptions to the state register shall be made available to the

public by either first or second class mail, or in electronic form at

the election of the subscriber. A reasonable rate for a subscription to

printed copies of the regular issue and quarterly index required by

subdivision three of section one hundred forty-seven of this article, to

be not more than eighty dollars per year for first class mail delivery

and not more than forty dollars per year for second class mail delivery,

shall be set by the secretary of state. The secretary of state may

charge no more than one dollar and fifty cents per single copy of a

printed regular issue or quarterly index of the state register. Rates

shall not be set at such a level that the anticipated total subscription

revenues exceed the total cost of producing, printing and distributing

the state register.

4. Special issues published pursuant to subdivision two of section one

hundred forty-seven of this article shall be made available to the

public at prices set by the secretary of state to reflect the cost of

producing, printing and distributing the special issues. The notice

provided in subdivision two of this section shall indicate the prices of

the special issues.

4-a. In addition to the state register, the department of state shall

make available at no cost an online version of the weekly state

register, quarterly index and any special issues as directed by statute

or deemed appropriate by the secretary of state.

5. The secretary of state shall be entitled to charge and receive a

reasonable sum from any person required by state statute to cause a

notice to be published in the state register.

6. All fees set by the secretary of state pursuant to this section are

subject to the approval of the director of the budget.

§ 149 — Format of state register

Format of state register. 1. The printed version of the state

register shall be an eight and one-half by eleven inch booklet with

three holes punched in the left hand margin to make such register

suitable for storage in an eight and one-half by eleven inch loose-leaf

binder.

2. Each regular issue of the state register shall contain:

(a) a table of contents;

(b) a table which includes a general description of the identification

number system, the alphanumeric abbreviation assigned to each agency and

the symbol to denote the various types of notices pursuant to article

two of the state administrative procedure act;

(c) a complete list of all public hearings to be conducted for which a

notice of proposed rule making has been published therein or in any

previous issue of the state register. Such list shall include (i) the

agency which will conduct the public hearing; (ii) the date, time, place

and subject of such public hearing; and (iii) the identification number

for the proposed rule making which is the subject of such public

hearing;

(d) a presentation of notices, required by article two of the state

administrative procedure act and not already published in the state

register, in a sequence that provides by agency (i) notices of emergency

adoption, (ii) notices of adoption, (iii) notices of expiration, (iv)

notices of withdrawal, (v) notices of proposed rule making for which a

public hearing is scheduled, (vi) notices of proposed rule making for

which no hearing is scheduled and (vii) notices of revised rule making;

(e) an action pending index, in tabular form, by agency in

alphabetical order, which shall identify all previously noticed proposed

rules for which the secretary of state has not published a notice of

expiration, of adoption or of withdrawal, and, with respect to a rule

defined in subparagraph (ii) of paragraph (a) of subdivision two of

section one hundred two of the state administrative procedure act, for

which the secretary of state has not published a notice of adoption or

withdrawal for one year after the publication of the proposed rule

making notice or two years if such notice has been renewed by the

agency. Such action pending index shall include a description of the

subject and purpose of the proposed rule and the identification number

described in paragraph (a) of subdivision three of this section.

3. With respect to notices published in the state register pursuant to

article two of the state administrative procedure act: (a) each notice

of proposed rule making shall be identified in the state register by an

identification number which shall include a separate alphanumeric

abbreviation to identify the agency, the issue number and year of

publication of the state register, a consecutive number assigned by the

secretary of state to such notice, and a symbol denoting that the notice

is for a proposed rule making;

(b) each notice of expiration, revised rule making, withdrawal,

adoption or emergency adoption shall be identified by the identification

number assigned to the notice of proposed rule making to which it

corresponds, followed by a symbol denoting that such notice is for an

expiration, withdrawal, adoption or emergency adoption;

(c) if a notice of emergency adoption does not correspond to a prior

notice of proposed rule making, such notice of emergency adoption shall

be assigned an identification number in accordance with paragraph (a) of

this subdivision, except that the symbol shall denote that the notice is

for an emergency adoption.

4. To the extent practicable, every version of the state register

transmitted by electronic means shall substantially comply with the

provisions of this section.

ARTICLE 6-B Services to Localities

§ 150 — Legislative findings

Legislative findings. The legislature hereby finds and declares

that:

1. Strong local government has been a major positive factor in the

political, economic and social development of the state;

2. The future welfare of the state depends in large measure on the

effectiveness of local government and of its relationships to state

government;

3. Population shifts and other economic and social trends have brought

new problems to local government;

4. The state has the responsibility toward local government to

coordinate state services and information for the benefit of local

government, to assist in the solution of its problems, and otherwise to

help local government in making itself as strong and effective as

possible;

5. The need for a more rational planning process requires a high

degree of local, state and interstate cooperation;

6. The need for a single state agency to review and comment on local

planning efforts of statewide significance, state agency planning and

interstate planning commission programs is recognized;

7. A common data base developed by the official state planning agency

in conjunction with planning efforts at all levels of government is

essential to effective planning; and

8. State planning and development policies should promote planning

programs among state agencies and between levels of government that

maximize environmental and economic benefits to the localities.

§ 151 — Definitions

Definitions. As used in this article, the term "municipalities"

shall include public corporations as defined in subdivision one of

section sixty-six of the general construction law and special districts

as defined in subdivision sixteen of section one hundred two of the real

property tax law.

§ 152 — General functions, powers and duties

General functions, powers and duties. The department of state,

by and through the secretary of state or duly authorized officers or

employees, shall have the following functions, powers and duties:

1. To assist the governor in coordinating the activities and services

of those departments and agencies of the state having relationships with

municipalities to the end of providing more effective services to such

municipalities.

2. To keep the governor informed as to the problems of municipalities

and to advise and assist in formulating policies with respect thereto

and utilizing the resources of the state government for the benefit of

municipalities.

3. To serve as a clearinghouse, for the benefit of municipalities,

regarding information relating to their common problems and to the state

and federal services available to assist in the solution of those

problems.

4. To refer municipalities to the appropriate departments and agencies

of the state and federal governments for advice, assistance and

available services in connection with particular problems

5. To advise and assist municipalities in the solution of particular

problems.

6. To conduct studies and analyses of the problems of municipalities

and to make the results thereof available as the secretary may deem

appropriate.

7. To encourage and assist cooperative efforts among municipalities in

developing among themselves solutions of their common problems.

8. To encourage expansion and improvement of training made available

to municipal officials, in cooperation with municipalities and the

organizations representing them.

9. To consult with and cooperate with municipalities and officers,

organizations, groups and individuals representing them, to the end of

more effectively carrying out the functions, powers and duties of the

department.

10. To encourage and facilitate cooperation and collaboration among

agencies and levels of government, and between government and the

private sector, for the protection and development of human, natural and

man-made resources.

11. To advise and assist municipalities in the performance of their

planning and development activities.

12. To aid and assist, in the provision and coordination of state

technical assistance and services in connection with the planning and

development activities of municipalities.

13. To provide assistance and guidance to municipalities and, as

appropriate, to the private sector, through the compilation, formulation

and dissemination of necessary information, projections and techniques

relating to development of resources.

14. To undertake any studies, inquiries, surveys or analyses necessary

for performance of the functions, powers and duties of the department

through the personnel of the department or consultants, or in

cooperation with any public or private agencies.

15. To adopt, amend or rescind such rules, regulations and orders as

may be necessary or convenient for the performance of its functions,

powers and duties under this article.

16. To enter into contracts with any persons, firm, corporation or

governmental agency, and to do all other things necessary or convenient

to carry out the functions, powers and duties expressly set forth in

this article.

17. To effectuate the purposes of this article, and to enable the

department properly to carry out its functions, powers and duties, the

secretary of state may request from any state department or agency or

from any municipality, and the same are hereby authorized to provide,

appropriate assistance, services and data.

22. To prepare and recommend to the legislature and the governor

legislative proposals relating to municipalities.

23. With the approval of the governor, to accept and administer as

agent of the state any gift, grant, devise or bequest, whether

conditional or unconditional, including federal grants, for any of the

purposes of this article. Any moneys so received may be expended subject

to the same limitations as to approval of expenditures and audits as are

prescribed for state moneys.

§ 153 — Specific powers, functions and duties

Specific powers, functions and duties. The department of state

shall have the following specific powers, functions and duties:

1. (a) To act as the official state planning agency for all of the

purposes of sections seven hundred one and seven hundred three of the

federal housing act of nineteen hundred fifty-four, as heretofore and

hereafter amended, except as otherwise provided by law.

(b) To act as agent for, and enter into contracts and otherwise

cooperate with, the federal government in connection with the authority

referred to in paragraph (a) of this subdivision, and as such agent to

administer any grant or advance of funds for the assistance of any such

activities to the state, or through the state to the governing bodies of

municipalities, legally constituted metropolitan or regional planning

agencies, and tribal councils or other legally constituted tribal bodies

for planning for an Indian reservation located within the territorial

jurisdiction of the state of New York, complying with the provisions of

such grants or advances.

(c) To present any claim, other than claims required by law to be

presented by the commissioner of transportation, to the federal

government or any agency or official thereof with respect to the funds

made available for the purposes specified in paragraphs (a) and (b) of

this subdivision.

(d) To enter into a contract or contracts with any municipality,

legally constituted metropolitan or regional planning agency, or tribal

council or other legally constituted tribal body for planning for an

Indian reservation located within the territorial jurisdiction of the

state of New York, in connection with the authority provided in

paragraph (a) of this subdivision for grants to be made to such

municipality, planning agency or tribal council or other legally

constituted tribal body by the state, within amounts appropriated

therefor, for planning projects approved by the secretary, which

contracts shall provide that the approved cost of a planning project,

over and above the amount which may be received from federal grants

therefor, shall be borne in an amount not to exceed one-half thereof by

the state pursuant to such contracts and the remainder thereof out of

local funds appropriated therefor by such municipality, planning agency

or tribal council or other legally constituted tribal body.

2. To act as the official agent of the state for the purpose of

administering, carrying out and otherwise cooperating with the federal

government in connection with the provisions of the federal Appalachian

regional development act of nineteen hundred sixty-five as heretofore

and hereafter amended; to apply for, accept, and expend funds made

available by the federal government pursuant to such federal acts and

enter into any necessary contracts or compacts in connection therewith;

and to take any further action which may be required under the terms of

any such federal act.

3. To act as the official agent of the state for the purpose of

administering, carrying out and otherwise cooperating with the federal

government in connection with the provisions of the federal public works

and economic development act of nineteen hundred sixty-five, as

heretofore and hereafter amended; to apply for, accept, and expend funds

made available by the federal government pursuant to such federal acts

and enter into any necessary contracts or compacts in connection

therewith; to review and approve overall economic development programs

prepared under the provisions of such federal acts as to the

qualifications of the area or district organization and the adequacy and

reasonableness of such programs, and every political subdivision of the

state, or private or public non-profit organization or association

submitting an overall economic development program to the federal

government must submit such overall economic development program for

review by the department of state; to act on behalf of the political

subdivisions of the state in connection with making findings that

projects for which financial assistance is sought under the provisions

of such federal acts are consistent with an overall program for the

economic development of the area; and to take any further action which

may be required under the terms of any such federal acts, including but

not limited to delineating economic development districts and economic

development regions and providing for the administration of such

districts and regions in any manner deemed appropriate by the

department, except that with regard to section three hundred two of such

act, the governor shall designate the official agent of the state for

the purpose of administering, carrying out and otherwise cooperating

with the federal government in connection with the provisions of such

section.

5. (a) To make or contract to make, within appropriations therefor,

state grants to municipalities to cover fifty per centum of the costs to

municipalities of preparing applications to the federal government for

federal assistance for the planning of comprehensive city demonstration

programs as authorized under title one of the demonstration cities and

metropolitan development act of nineteen hundred sixty-six as modified

by the provisions of title I of the housing and community development

act of nineteen hundred seventy-four, and any federal laws as heretofore

and hereafter amended, as such costs shall be certified by the

municipality and approved by the secretary of state.

(b) In the case of municipalities which have contracted with the

federal government for a federal grant to assist in financing the costs

of planning comprehensive city demonstration programs under the

authority referred to in paragraph (a) of this subdivision, to make or

contract to make, within appropriations therefor, state grants to such

municipalities to cover fifty per centum of the net cost to the

municipality of undertaking and completing such planning, exclusive of

any federal assistance, as such net cost shall be certified by the

municipality and approved by the secretary of state, but in no event

shall such state grants exceed one-eighth of the federal grant.

(c) In the case of municipalities which have had applications approved

by the federal government for federal assistance for the planning of

comprehensive city demonstration programs under the authority referred

to in paragraph (a) of this subdivision, but for which federal funds are

not then available, to make or contract to make, within appropriations

therefor, state grants to such municipalities in an amount not to exceed

ninety per centum of the reasonably anticipated costs of undertaking and

completing such planning, as such costs shall be certified by the

municipality and approved by the secretary of state; provided, however,

that no such grant shall be made unless the municipality agrees to repay

such grant out of federal funds made available to the municipality for

such planning, when and to the extent such federal funds are made

available.

(d) In carrying out the functions, powers and duties prescribed in

paragraphs (a), (b) and (c) of this subdivision and in developing plans

and applications under title one of the housing and community

development act of nineteen hundred seventy-four, to provide such

technical assistance to the municipalities as the secretary of state

determines to be appropriate.

6. The department of taxation and finance is hereby designated to

accept and receive all grants and advances from the federal government

pursuant to the provisions of sections seven hundred one and seven

hundred three of the federal housing act of nineteen hundred fifty-four

and the provisions of the federal Appalachian regional development act

of nineteen hundred sixty-five and the federal public works and economic

development act of nineteen hundred sixty-five and the federal fire

prevention and control act of nineteen hundred seventy-four, as such

acts may be amended from time to time, which are provided for the

purposes specified in subdivisions one, two, three, four and five of

this section and all moneys so accepted and received shall be deposited

by the department of taxation and finance in special funds for use

exclusively for the purposes for which such grants or advances were

made. Payment from such special funds shall be made upon audit and

warrant of the comptroller upon vouchers approved by the secretary.

7. Nothing contained in this section shall be deemed to derogate or

detract in any way from the functions, powers and duties prescribed by

law of any state department or agency or any municipality, nor to

interrupt or preclude the direct relationships of any such department or

agency with any such municipality for the carrying out of such

functions, powers and duties.

ARTICLE 6-C Office of Fire Prevention and Control

§ 155 — Office of fire prevention and control; creation; state fire administrator; employees

Office of fire prevention and control; creation; state fire

administrator; employees. There is hereby created in the division of

homeland security and emergency services an office of fire prevention

and control. The head of such office shall be the state fire

administrator, who shall be appointed by the governor and shall hold

office during the pleasure of the governor. He shall receive an annual

salary to be fixed by the commissioner of the division of homeland

security and emergency services within the amount available by

appropriation. He shall also be entitled to receive reimbursement for

expenses actually and necessarily incurred by him in the performance of

his duties within the amount available by appropriation.

§ 155-a — Definitions

Definitions. When used in this article:

1. "Districts" shall mean fire districts created pursuant to article

eleven of the town law.

2. "Fire companies" shall mean fire companies governed by the

not-for-profit corporation law.

3. "Municipal corporations" shall mean a county, city, town and

village.

4. "Municipalities" shall mean municipal corporations.

5. "Sprinkler system" shall mean a system of piping and appurtenances

designed and installed in accordance with generally accepted standards

so that heat from a fire will automatically cause water to be discharged

over the fire area to extinguish it or prevent its further spread.

§ 156 — Functions, powers and duties of the office

Functions, powers and duties of the office. The office of fire

prevention and control, by and through the state fire administrator or

his duly authorized officer or employee, shall be empowered to:

1. Advise and assist in coordinating and strengthening the activities,

programs and services, and rules and regulations of those departments

and agencies of the state which have functions, powers and duties

relating to (a) arson suppression, detection, investigation and

prosecution, (b) fire prevention and control, and (c) fire

service-related problems, to the end of providing more effective

services to the public and strengthening governmental programs relating

to such matters.

1-a. Advise and assist the state education department in the

development of a specialized course of study for teachers of fire and

arson prevention.

2. Advise and assist fire companies, municipal corporations and

districts, including agencies and departments thereof in developing

measures for more effective fire and arson prevention and control; to

assist and encourage cooperative efforts to solve common problems

relating to fire and arson prevention and control and to serve as a

clearinghouse of information about fire and arson prevention and

control, about reported cases of burn injuries or wounds sustained, and

about state and federal services available to assist in solving such

problems.

3. Employ or contract with individuals, agencies or corporations to

assist fire companies, municipal corporations and districts in the

development of an arson investigation program or in the investigation of

cases of suspected arson or cases of burn injuries or wounds sustained

upon the request of such an entity. However, nothing in this provision

shall be construed to remove the primary responsibility for arson

investigations from appropriate local jurisdictions or agencies.

4. Improve arson evidence analysis and testing at existing facilities

and periodically recommend to the governor and the legislature methods

to improve such services.

5. Collect, compile and disseminate information relating to fire and

arson prevention and control, reported cases of burn injuries or wounds

sustained, the use of sprinkler systems, and to operate a state fire

reporting system. The state fire reporting system shall include a

procedure for the identification of patterns of suspicious or criminal

fires and for alerting appropriate state and local authorities. The fire

reporting system shall also include fire incident data supplied by local

fire agencies in a manner and on forms prescribed by the state fire

administrator. To the extent practicable, the data shall be collected

and maintained in a form compatible with information collected by other

states and the federal government. The state fire administrator shall

cooperate with the division of state police, division of criminal

justice services, department of financial services, local police and

fire agencies, the insurance industry and other appropriate

organizations in maintaining such system. The provisions of section

three hundred eighteen of the insurance law shall apply to any

organization supplying information pursuant to this subdivision.

6. Plan, coordinate and provide training for firefighters, both paid

and volunteer, and related governmental officers and employees, relating

to fire and arson prevention and control, and encourage expansion and

improvement of local training facilities in cooperation with fire

companies, municipal corporations and districts. Such training shall be

made available by video or computer to the maximum extent possible. The

office shall adopt rules and regulations relating to such training,

including but not limited to training standards used and the process by

which training hours are allocated to counties as well as a uniform

procedure for requesting and providing additional training hours.

7. Operate the New York state academy of fire science.

8. Consult with and cooperate with state departments and agencies, and

universities, colleges and institutions in the state for the development

of specialized courses of study for public officers and employees,

including paid and volunteer firefighters, in fire science and

administration. As part of the development of a training program for

firefighters, the office shall collect, compile, and disseminate

information regarding training needs based on the data provided pursuant

to section seventy-two-g of the general municipal law. Such information

shall be compiled annually and, once compiled, a copy of such

information shall be submitted to the governor, the temporary president

of the senate, and the speaker of the assembly.

9. Coordinate and support arson training programs conducted by the

division of criminal justice services and the division of state police.

10. Provide such public education and information programs, studies

and reports as the state fire administrator may determine in furtherance

of the provisions of this article and to coordinate and assist other

state agencies, municipal corporations and districts and fire companies

in such matters.

11. Provide management advice and technical assistance to municipal

corporations and districts and fire companies relating to fire and arson

prevention and control, including recommendations relating to

organizations and structure of fire companies, municipal corporations

and districts, allocations of powers and functions, cooperation and

intergovernmental organizational and fiscal relationships, federal and

state aid programs; to provide legal advice and technical services to

state and local officials and agencies with respect to powers, duties

and functions of municipal corporations and districts and fire companies

relating to fire and arson prevention and control.

12. Prepare and recommend revisions, consolidations or compilations of

statutes relating to arson, fire prevention and control.

13. Upon request of the appropriate state agency, provide for the fire

safety inspection of state or state-regulated facilities with the

cooperation and assistance of local fire inspection personnel. The

completed fire inspection form shall be filed with the requesting agency

and contain recommendations as may be appropriate and a copy filed with

the office of fire prevention and control.

14. Act as the official agent of the state for the purpose of

administering, carrying out and otherwise cooperating with the federal

government in connection with the provisions of the federal fire

prevention and control act of nineteen hundred seventy-four and any

federal laws amendatory or supplemental to such act heretofore or

hereafter enacted; to apply for, accept, and expend funds made available

by the federal government pursuant to such act; and to enter into any

necessary contracts or compacts pursuant to such federal acts in

connection therewith and to take any further action which may be

required under the terms of any such federal act.

15. Enter into contracts with any person, firm, corporation or

governmental agency to do all things necessary and convenient to carry

out the functions, powers and duties expressly set forth in this

article.

16. Accept and administer as agent of the state any gift, grant,

devise or bequest, including federal grants for any of the purposes of

this article. Any moneys so received may be expended subject to the same

limitations as to approval of expenditures and audits as are prescribed

for state moneys.

17. Issue a written report to the governor and legislature, on or

before February fifteenth of each year, on firefighter training

activities. Such report shall include at least the following

information: the minimum training hours allocated on a county-by-county

basis, the training hours requested by each county, any unfulfilled

training hour requests, and the number of hours used by each county on a

county-by-county basis.

18. Establish rules and regulations as to the location and design of a

delineator used to mark the location of fire hydrants.

19. Issue permits and enforce the provisions of article four hundred

five of the penal law for the public displays of fireworks and indoor

pyrotechnics on or within state property, unless such authority has been

delegated pursuant to the rules and regulations promulgated by the

office of fire prevention and control.

20. Register the manufacturers, distributors, wholesalers, retailers

and seasonal retailers of sparkling devices who wish to do business

within the state.

* 21. Adopt, amend or rescind such rules, regulations or orders as may

be necessary or convenient to the performance of the functions, powers

and duties set forth in this article.

* NB There are 2 sb 21's

* 21. Provide written materials to consumers and builders which detail

the benefits of and include the factors that can affect costs associated

with the installation and maintenance of an automatic fire sprinkler

system for a one- or two-family residential dwelling.

* NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014

* NB There are 2 sb 21's

22. In coordination with the commissioner of the office for people

with developmental disabilities, provide the training program relating

to handling emergency situations involving individuals with autism

spectrum disorder and other developmental disabilities and associated

training materials pursuant to section 13.43 of the mental hygiene law

to all firefighters, both paid and volunteer. The office shall adopt all

necessary rules and regulations relating to such training, including the

process by which training hours are allocated to counties as well as a

uniform procedure for requesting and providing additional training

hours.

§ 156-a — Establishment of a specialized hazardous materials emergency response training program

Establishment of a specialized hazardous materials emergency

response training program. 1. The state fire administrator shall

establish a specialized hazardous materials emergency response training

program for individuals responsible for providing emergency response

recovery following incidents involving hazardous materials as such term

is defined in regulations promulgated by the commissioner of

transportation pursuant to section fourteen-f of the transportation law.

The state fire administrator shall inform all fire companies, municipal

corporations and districts, including agencies and departments thereof

and all firefighters, both paid and volunteer, and related officers and

employees and police officers of the implementation and availability of

the hazardous materials emergency response training program and shall,

subject to the availability of an appropriation, conduct such training

with sufficient frequency to assure adequate response to incidents

involving hazardous materials and protection of responders in all

geographic areas of the state.

2. The state fire administrator shall prescribe the curriculum of the

hazardous materials emergency response training program, which shall

include, but shall not be limited to:

(a) hands-on training, including information in regard to leak and

spill control, product neutralization, pickup and disposal, fire

control, decontamination procedures and use and application of foam

agents;

(b) hazard assessment with emphasis on incident scene decision-making,

including: potential threat to public safety and need for evacuation,

calculation of the effect of weather on certain chemicals and evaluation

of the result of chemical exposures to air, water, soil, vegetation,

lives and property and impact on the personal safety of those working in

the accident area;

(c) calibration and use of emergency equipment;

(d) chemical and biological properties of various classes of

chemicals, for example, flammables, oxidizers, corrosives, poisons; and

(e) weapons of mass destruction and response to terrorism.

3. Such specialized hazardous materials emergency response training

program curriculum shall also include guidance regarding emergency

response to incidents involving lithium-ion batteries. For the purposes

of this section, "lithium-ion battery" shall have the same meaning as in

section four hundred ninety-five of the general business law.

4. The state fire administrator is hereby directed to issue a report

to the governor, speaker of the assembly, temporary president of the

senate, chairman of the assembly transportation committee and the

chairman of the senate transportation committee by February fifteenth of

each year on the operations of the program set forth in this section.

5. The state fire administrator shall promulgate such rules and

regulations as are necessary to carry out the provisions of this

section.

§ 156-b — Permanent marking indicating location of fire hydrants

Permanent marking indicating location of fire hydrants. A

municipality or fire district may mark the location of any fire hydrant

within its jurisdiction by means of a reflective delineator of a uniform

type and color approved by the office of fire prevention and control.

§ 156-c — Fire safety standards for cigarettes

Fire safety standards for cigarettes. 1. a. When used in this

section, the word "cigarette" shall mean any roll for smoking made

wholly or in part of tobacco or of any other substance, irrespective of

size or shape and whether or not such tobacco or substance is flavored,

adulterated or mixed with any other ingredient, the wrapper or cover of

which is made of paper or any other substance or material except

tobacco.

b. When used in this section, the word "sell" shall mean to sell, or

to offer or agree to do the same.

2. a. Within two years after this section takes effect, the office of

fire prevention and control shall promulgate fire safety standards for

cigarettes sold or offered for sale in this state. Such standards shall

take effect as provided in subdivision four of this section and shall

insure either:

(1) That such cigarettes, if ignited, will stop burning within a time

period specified by the standards if the cigarettes are not smoked

during that period; or

(2) That such cigarettes meet performance standards prescribed by the

office of fire prevention and control to limit the risk that such

cigarettes will ignite upholstered furniture, mattresses or other

household furnishings.

b. In promulgating fire safety standards for cigarettes pursuant to

this section, the office of fire prevention and control, in consultation

with the department of health, shall consider whether cigarettes

manufactured in accordance with such standards may reasonably result in

increased health risks to consumers.

c. The office of fire prevention and control shall be responsible for

administering the provisions of this section.

d. The office of fire prevention and control shall report to the

governor and the legislature no later than eighteen months after this

section takes effect on the status of its work in promulgating the fire

safety standards required by this subdivision.

e. When a cigarette is suspected of having ignited a fire, and the

office of fire prevention and control receives information regarding the

brand and style of such cigarette pursuant to section two hundred four-d

or ninety-one-a of the general municipal law, and where such brand and

style had been previously certified pursuant to subdivision three of

this section and the package has been marked as required by subdivision

six of this section, the office of fire prevention and control shall

conduct random testing on cigarettes of the same brand and style in

order to determine whether such cigarettes meet the fire safety

standards mandated by this section; provided however that such testing

shall not be required if the office of fire prevention and control has

tested such brand and style within the preceding three months.

3. On and after the date the fire safety standards take effect in

accordance with subdivision four of this section, no cigarettes shall be

sold or offered for sale in this state unless the manufacturer thereof

has certified in writing to the office of fire prevention and control

that such cigarettes meet the performance standards prescribed by the

office of fire prevention and control pursuant to subdivision two of

this section.

(a) Such certifications must be based upon testing conducted by a

laboratory that has been accredited pursuant to Standard ISO/IEC 17025

of the international organization for standardization, or such other

comparable accreditation standard as the office of fire prevention and

control shall require by regulation.

(b) Such certification shall be signed by an officer of the

manufacturer and shall contain for each cigarette brand style such

information as shall be deemed necessary by the office of fire

prevention and control, including but not limited to: (i) the brand and

style; (ii) length in millimeters; (iii) circumference in millimeters;

(iv) flavor, if applicable; (v) filter or non-filter; (vi) package

description; (vii) the name, address and telephone number of the

laboratory, if different than the manufacturer that conducted the test;

(viii) the date that the testing occurred; and (ix) a notarized

statement from an officer or director of the laboratory certifying that

the cigarette meets the performance standards prescribed by the office

of fire prevention and control.

(c) If a manufacturer has certified a cigarette pursuant to this

subdivision, and thereafter makes any change to such cigarette that is

likely to alter its compliance with the fire safety standards mandated

by this section, then before such cigarette may be sold or offered for

sale in this state such manufacturer shall retest such cigarette in

accordance with the testing standards prescribed by the office of fire

prevention and control and maintain records of such retesting as

required by subdivision seven of this section. Any such altered

cigarette which does not meet the performance standard prescribed by the

office of fire prevention and control may not be sold in the state.

Copies of such written certifications shall be provided by the

certifying manufacturer to all wholesale dealers, as defined in

subdivision eight of section four hundred seventy of the tax law, and

all agents, as defined in subdivision eleven of section four hundred

seventy of the tax law. The office of fire prevention and control shall

prescribe procedures by which stamping agents, wholesale dealers or

retail dealers are notified of which cigarettes have been certified by

manufacturers as meeting the performance standards prescribed by the

office of fire prevention and control, which may include the maintenance

of a website listing certified cigarette brands and styles.

4. The fire safety standards required pursuant to subdivision two of

this section shall take effect on such date as the office of fire

prevention and control shall specify in promulgating such standards and

such date shall be the earliest practicable date by which manufacturers

of cigarettes can comply with such standards; provided, however, that

such date shall not be later than one hundred eighty days after such

standards are promulgated. On and after such date, no person or entity

shall sell in this state cigarettes that have not been certified by the

manufacturer in accordance with subdivision three of this section or

that have not been marked in the manner required by subdivision six of

this section; provided, however, that nothing in this subdivision shall

be construed to prohibit any person or entity from selling or offering

for sale cigarettes that have not been certified by the manufacturer in

accordance with subdivision three of this section and have not been

marked in the manner required by subdivision six of this section if such

cigarettes are or will be stamped for sale in another state or are

packaged for sale outside the United States.

5. a. Any wholesale dealer, as defined in subdivision eight of section

four hundred seventy of the tax law, or any agent, as defined in

subdivision eleven of section four hundred seventy of the tax law, or

any other person or entity who knowingly sells or offers to sell

cigarettes in violation of subdivision four of this section shall be

subject to a civil penalty not to exceed one hundred dollars for each

pack of such cigarettes sold or offered for sale provided that in no

case shall the penalty against any wholesale dealer exceed one hundred

thousand dollars for sales or offers to sell during any thirty day

period. Any retail dealer, as defined in subdivision nine of section

four hundred seventy of the tax law, who knowingly sells or offers to

sell cigarettes in violation of subdivision four of this section shall

be subject to a civil penalty not to exceed one hundred dollars for each

pack of such cigarettes sold or offered for sale, provided that in no

case shall the penalty against any retail dealer exceed twenty-five

thousand dollars for sales or offers to sell during any thirty day

period. Any person engaged in the business of selling cigarettes in or

for shipment into New York who possesses cigarettes that have not been

certified or marked in accordance with the requirements of this section

shall be deemed to be offering such cigarettes for sale in New York. An

agent licensed in more than one state may rebut such presumption by

establishing: (i) that such cigarettes have been physically segregated

from cigarettes offered for sale in New York; and (ii) no New York tax

stamps have been placed on any cigarettes that have not been certified

or marked in accordance with this section. In addition to any penalties

imposed by this section the commissioner of taxation and finance, after

an opportunity for a hearing has been afforded pursuant to subdivision

five of section four hundred eighty of the tax law, shall suspend for

six months the license of any agent issued pursuant to section four

hundred seventy-two of the tax law, the license of any wholesale dealer

issued pursuant to section four hundred eighty of the tax law, or the

registration of any retail dealer issued pursuant to section four

hundred eighty-a of the tax law, when such agent, wholesale dealer or

retail dealer violates this section three or more times within a three

year period, provided such violations occurred on at least three

separate calendar days.

b. In addition to any penalty prescribed by law, any corporation,

partnership, sole proprietor, limited partnership, association or any

other business entity engaged in the manufacture of cigarettes that

knowingly makes a false certification pursuant to subdivision three of

this section shall be subject to a civil penalty of at least

seventy-five thousand dollars and not to exceed two hundred fifty

thousand dollars for each such false certification, and any entity that

fails to pay a civil penalty imposed pursuant to this paragraph within

thirty days after such penalty is imposed, shall be subject to a bar

from selling cigarettes covered by that false certification in this

state until the state receives full payment of such penalty.

c. There is hereby established in the custody of the state comptroller

a special fund to be known as the "Cigarette Fire Safety Act Fund". Such

fund shall consist of all moneys recovered from the assessment of civil

penalties authorized by this subdivision. Such monies shall be deposited

to the credit of the fund and shall, in addition to any other moneys

made available for such purpose, be available to the office of fire

prevention and control for the purpose of fire safety and prevention

programs. All payments from the cigarette fire safety act fund shall be

made on the audit and warrant of the state comptroller on vouchers

certified and submitted by the state fire administrator.

6. No cigarettes shall be distributed, sold or offered for sale in

this state unless the manufacturer has placed on each individual package

the letters "FSC" which signifies Fire Standards Compliant. Such letters

shall appear in eight point type and be permanently printed, stamped,

engraved or embossed on the package at or near the UPC Code, if present.

Any package containing such symbol is deemed to be in compliance with

the office of fire prevention and control regulations set forth in 19

NYCRR 429.8.

7. a. Each manufacturer shall maintain copies of the reports of all

tests conducted on all cigarettes for a period of three years, and shall

make copies of such reports available to the office of fire prevention

and control and the attorney general upon written request; provided,

however, that any manufacturer that fails to make copies of such reports

available within sixty days of receiving such a written request shall be

subject to a civil penalty not to exceed ten thousand dollars for each

day after the sixtieth day that such manufacturer does not make such

copies available and shall be subject to a bar from selling or offering

to sell cigarettes in New York until such copies are made available.

b. Testing performed or sponsored by the office of fire prevention and

control in order to determine a cigarette's compliance with the fire

safety standards mandated by this section shall be conducted (i) in

accordance with the requirements applicable to manufacturers pursuant to

the regulations of the office of fire prevention and control, and (ii)

by a laboratory that has been accredited pursuant to Standard ISO/IEC

17025 of the international organization for standardization or such

other comparable accreditation standard as the office of fire prevention

and control shall require by regulation.

8. a. To enforce the provisions of this section, the commissioner of

taxation and finance and the state fire administrator may take

administrative action imposing the civil penalties and suspensions

authorized by subdivision five of this section. In addition, the

attorney general may bring an action on behalf of the people of the

state of New York to enjoin acts in violation of this section and to

recover any civil penalties unless civil penalties have been previously

recovered in such administrative proceedings.

b. Any enforcement officer as defined in section thirteen hundred

ninety-nine-t of the public health law shall have the power to impose

upon any retail dealer the civil penalties authorized by subdivision

five of this section, following a hearing conducted in the same manner

as hearings conducted under article thirteen-E of the public health law.

c. To enforce the provisions of this section, the commissioner of

taxation and finance and the state fire administrator, or their duly

authorized representatives, are hereby authorized to examine the books,

papers, invoices and other records of any person in possession, control

or occupancy of any premises where cigarettes are placed, stored, sold

or offered for sale, as well as the stock of cigarettes in any such

premises. Every person in the possession, control or occupancy of any

premises where cigarettes are placed, sold or offered for sale, is

hereby directed and required to give the commissioner of taxation and

finance and the state fire administrator, and their duly authorized

representatives, the means, facilities and opportunity for such

examinations as are herein provided for and required.

d. Whenever any police officer designated in section 1.20 of the

criminal procedure law or a peace officer designated in subdivision four

and subdivision seventy-nine pertaining to the Office of Fire Prevention

and Control, of section 2.10 of such law, acting pursuant to his or her

special duties, shall discover any cigarettes which have not been marked

in the manner required by subdivision six of this section, such officer

is hereby authorized and empowered to seize and take possession of such

cigarettes. Such seized cigarettes shall be turned over to the

commissioner of taxation and finance, and shall be forfeited to the

state. Cigarettes seized pursuant to this section shall be destroyed.

e. The commissioner of the division of homeland security and emergency

services, in consultation with the state fire administrator, and the

commissioner of taxation and finance are hereby authorized to promulgate

such regulations as are deemed necessary to implement the provisions of

this section.

§ 156-d — Thermal imaging camera grant program

Thermal imaging camera grant program. 1. Subject to available

appropriation, there is hereby established in the office of fire

prevention and control a thermal imaging camera grant program, under

which grants shall be made available to fire organizations for the

purchase of one thermal imaging camera each or for reimbursement to such

fire organizations for public funds, other than state or federal funds,

that have been expended by such fire organizations on or after April

first, two thousand for the purchase of a thermal imaging camera,

provided, however, no reimbursement, when combined with any required

match, shall exceed the office of general services contract price per

camera. Such grants shall be made available upon application by such

fire organizations. Fire organizations that are without a thermal

imaging camera shall receive priority from the office of fire prevention

and control for grants made pursuant to this section. The office of fire

prevention and control may require, pursuant to such uniform standards

as such office may prescribe, that applicants for such grants or

reimbursement provide matching funds of up to, but not more than, the

amount awarded; provided, however, that a fire organization having an

annual operating budget of one hundred fifty thousand dollars or less

shall not be required to provide matching funds. The office of fire

prevention and control shall promulgate such rules and regulations as

are necessary to advance the purposes of this section. Such regulations

shall establish, among other things, training requirements for the use

of thermal imaging cameras by fire organizations.

2. As used in this section, "fire organizations" means a board of fire

commissioners, which operates a fire department pursuant to the town

law, a fire department established pursuant to the village law or

general city law or a fire company located within a fire protection

district pursuant to the town law.

§ 156-e — College fire safety

College fire safety. 1. Notwithstanding the provisions of any

law to the contrary, the office of fire prevention and control of the

division of homeland security and emergency services, by and through the

state fire administrator or their duly authorized officers and

employees, shall have the responsibility to annually inspect buildings

under the jurisdiction of public colleges and independent colleges, as

these terms are defined in section eight hundred seven-b of the

education law, for compliance with and violations of the uniform fire

prevention and building code; or any other applicable code, rule or

regulation pertaining to fire safety. Buildings subject to inspection

are all buildings under the jurisdiction of such colleges used for

classroom, dormitory, fraternity, sorority, laboratory, physical

education, dining, recreational or other purposes.

2. a. The office of fire prevention and control shall have the power

to issue a notice of violation and orders requiring the remedying of any

condition found to exist in, on or about any such building which

violates the uniform fire prevention and building code, or any other

code, rule or regulation pertaining to fire safety, fire safety

equipment and fire safety devices. Such office is further authorized to

promulgate regulations regarding the issuance of violations, compliance

with orders, and providing for time for compliance, reinspection

procedures, and issuance of certificates of conformance.

b. Where any college authority in general charge of the operation of

any public or independent college buildings is served personally or by

registered or certified mail with an order of the office of fire

prevention and control to remedy any violation and fails to comply with

such order immediately or within such other time as specified in the

order, the office of fire prevention and control may avail itself of any

or all of the following remedies: (1) assess a civil penalty of up to

five hundred dollars per day until the violation is corrected; (2) order

immediate closure of the building, buildings or parts thereof where a

violation exists that poses an imminent threat to public health and

safety; (3) refer violations to the appropriate local government

authorities for enforcement pursuant to article eighteen of this

chapter.

c. The office of fire prevention and control is authorized to commence

necessary proceedings in a court of competent jurisdiction seeking

enforcement of any of its orders and payment of assessed penalties.

3. a. Except as provided herein, any county, city, town or village,

pursuant to resolution of their respective legislative bodies, may apply

to the office of fire prevention and control for delegation of all or

part of the duties, rights and powers conferred upon the office of fire

prevention and control by this section and section eight hundred seven-b

of the education law. Upon acceptable demonstration of adequate

capability, resources and commitment on the part of the applicant local

government, the office of fire prevention and control may make such

delegation, in which case the local government shall also have all of

the rights, duties and powers provided to local governments in article

eighteen of this chapter and in any city charter or code. The authority

granted in this section to assess civil penalties and order closure of

buildings shall not be delegated to the local government. Such powers

shall continue in the office of fire prevention and control which may

exercise them in the case of violations, on its own volition or at the

request of the delegee local government. The delegation shall expire

after three years, and may be renewed at the discretion of the office of

fire prevention and control. All inspection reports conducted pursuant

to a delegation of authority shall be promptly filed with the office of

fire prevention and control. In the event any such report is not filed

or reasonable grounds exist to believe that inspections or enforcement

are inadequate or ineffective, the office of fire prevention and control

may revoke the delegation or continue it subject to terms and conditions

specified by the office of fire prevention and control.

b. The authorities in a city having a population of one million or

more shall exercise all of the rights, powers and duties pertaining to

inspection of independent and public college buildings and enforcement

provided in this section and section eight hundred seven-b of the

education law, without impairing any existing authority of such city. A

copy of all inspection reports shall be filed with the office of fire

prevention and control by the authorities conducting inspections.

§ 156-f — Evacuation drills

Evacuation drills. Except as may be otherwise provided in

rules and regulations promulgated by the department of state pursuant to

article eighteen of this chapter, in any building owned or leased in

whole by the state or any agency thereof, an evacuation drill shall be

conducted at least twice each year in which all of the occupants of the

buildings shall participate simultaneously and which shall conduct all

such occupants to a place of safety. In New York city, the state fire

administrator shall make rules, regulations and special orders necessary

and suitable to each situation, as appropriate.

§ 156-g — Establishment of teams for urban search and rescue, specialty rescue and incident support

Establishment of teams for urban search and rescue, specialty

rescue and incident support. 1. Authorization to establish urban search

and rescue task force teams, specialty rescue teams, and incident

support teams. The commissioner of the division of homeland security and

emergency services after consultation with the state fire administrator

shall have the authority to establish, organize, administer, support,

train, and fund urban search and rescue task force teams, specialty

rescue teams, and incident support teams created pursuant to this

section.

2. Definitions. For the purposes of this section, the following terms

shall have the following meanings:

(a) "urban search and rescue task force team" shall mean a specialized

team or group of teams, formed pursuant to this section, organized with

capabilities equivalent to urban search and rescue task force teams

established under the federal emergency management agency in order to

assist in the removal of trapped victims in emergency situations

including, but not limited to, collapsed structures, trench excavations,

elevated locations, and other technical rescue situations.

(b) "specialty rescue team" shall mean a specialized team, formed

pursuant to this section, organized to provide technical rescue

assistance to first responders including, but not limited to, canine

search and rescue/disaster response, cave search and rescue, collapse

search and rescue, mine and tunnel search and rescue, and swift

water/flood search and rescue teams. Such teams shall be aligned with

one or more of the search and rescue categories within the federal

emergency management agency's national resource typing system.

(c) "incident support team" shall mean a team of trained response

personnel, formed pursuant to this section, organized to provide

coordination with governmental agencies and non-governmental

organizations as well as technical, and logistical support to urban

search and rescue task force teams and specialty rescue teams.

3. Appointment and training of team members; equipment. (a) The

commissioner of the division of homeland security and emergency services

is hereby authorized to appoint members to any team created pursuant to

this section. Team membership shall consist of local emergency response

personnel, state agency personnel and specialty personnel as required.

(b) The commissioner of the division of homeland security and

emergency services shall be responsible for training and equipping the

teams established pursuant to this section and for training such other

teams located within the state for response to man-made or natural

disasters to the extent appropriations are provided. The commissioner of

the division of homeland security and emergency services shall support

the capabilities of each team established pursuant to this section with

the necessary training and equipment to ensure mobilization and

deployment for rapid response to emergencies and disasters to the extent

appropriations are provided.

4. Accreditation of teams. The commissioner of the division of

homeland security and emergency services shall have the authority to

establish an accreditation program to review and evaluate new and

existing local and regional technical rescue capabilities, and provide

recommendations for capability enhancement in accordance with the

national incident management system, the national response plan, and

nationally recognized standards.

5. Defense, indemnification and insurance coverage of team members.

Members of the teams formed pursuant to this section who are volunteer

firefighters, volunteer ambulance workers, municipal or state employees,

or employees of a non-governmental entity shall be provided coverage by

their respective municipalities, organizations, and entities for

purposes of sections seventeen and eighteen of the public officers law

and/or other defense and indemnification coverage and workers'

compensation coverage pursuant to applicable provisions of the workers'

compensation law or benefits pursuant to applicable provisions of the

volunteer firefighters' benefit law or the volunteer ambulance workers'

benefit law. Individuals appointed to an urban search and rescue task

force team, a specialty rescue team or an incident support team, for

which such coverage is not available, shall be deemed volunteer state

employees for purposes of section seventeen of the public officers law

and section three of the workers' compensation law.

6. Rules and regulations. The commissioner of the division of homeland

security and emergency services after consultation with the state fire

administrator shall have the authority to promulgate rules and

regulations as deemed necessary relating to the accreditation of urban

search and rescue task force teams, specialty rescue teams, and incident

support teams and to the formation and operation of all teams

established pursuant to this section.

7. Funding. The division of homeland security and emergency services

shall expend the necessary monies for training, equipment, and other

items necessary to support the operations of urban search and rescue

task force teams, specialty rescue teams and incident support teams

within appropriations provided. The division of homeland security and

emergency services also may, pursuant to applicable rules and

regulations approved by the director of the division of the budget,

approve grants of funds from monies allocated and appropriated for any

or all such teams.

§ 156-h — Registration and fees for manufacturers, distributors, wholesalers, and retailers of sparkling devices

Registration and fees for manufacturers, distributors,

wholesalers, and retailers of sparkling devices. 1. Definitions. As used

in this section, the term:

(a) "Distributor" means any person or entity engaged in the business

of selling sparkling devices to wholesalers, specialty retailers,

permanent retailers or temporary seasonal retailers for resale.

(b) "Manufacturer" means any person or entity engaged in the

manufacture or construction of sparkling devices.

(c) "Specialty retailer" means any person or entity who, at a fixed

place of business, is engaged solely in selling sparkling devices at

retail. For purposes of this section, a person or entity is engaged

solely in selling sparkling devices if fifty-one percent or more of such

person's or entity's annual gross sales are from the sale of sparkling

devices.

(d) "Permanent retailer" means any person or entity who, at a fixed

place of business, is engaged in selling sparkling devices at retail.

(e) "Sparkling devices" means any item defined in subparagraph (vi) of

paragraph (a) of subdivision one of section 270.00 of the penal law.

(f) "Temporary seasonal retailer" means any person or entity who, at a

temporary stand or tent, is engaged in selling sparkling devices from

June twentieth through July fifth or from December tenth through January

second of each year at retail.

(g) "Wholesaler" means any person or entity engaged in the business of

selling sparkling devices to specialty retailers, permanent retailers or

temporary seasonal retailers at wholesale.

2. Registration requirements. Any manufacturer, distributor,

wholesaler, specialty retailer, permanent retailer or temporary seasonal

retailer of sparkling devices who wishes to do business in this state or

to otherwise sell, ship, or assign for sale its products in this state

must register annually with the office of fire prevention and control on

forms prescribed by such office. Any specialty retailer, permanent

retailer or temporary seasonal retailer that sells sparkling devices at

more than one retail location may submit one registration form for all

such locations but must provide the address of each location with the

registration form; however, any retailer may submit multiple

registration forms.

3. Registration form. The registration form filed with the office of

fire prevention and control must be notarized and must include the

following information: business name; address; telephone number;

officers, if the business is a corporation; and an individual designated

as a contact person.

4. Fees. (a) Each manufacturer, distributor or wholesaler must pay an

annual registration fee to be set by the office of fire prevention and

control not to exceed five thousand dollars. Each specialty retailer

must pay an annual registration fee to be set by such office not to

exceed two thousand five hundred dollars. Each permanent retailer shall

pay an annual registration fee to be set by such office not to exceed

two hundred dollars for each retail location registered. Each temporary

seasonal retailer must pay a registration fee to be set by such office

not to exceed two hundred fifty dollars per season. Each

certificate-holder wishing to have a duplicate certificate issued for

one which is lost or to reflect a change of address shall request such

duplicate in writing and shall pay a fee of five dollars.

(b) Revenue from registration fee payments shall be used for the

purposes of implementing firefighter safety and training programs as

well as registration and testing provisions of this chapter.

(c) No city, municipality or other local jurisdiction shall charge any

fee or require any permit whatsoever for the sale and use of sparkling

devices.

5. Record and reports. Each manufacturer, distributor and wholesaler

shall maintain and make available to the state fire administrator, upon

the state fire administrator's reasonable request, full and complete,

true, and accurate records showing the name and quantity of any

sparkling device produced in, imported to, exported from, or sold in

this state.

6. Rules. The state fire administrator shall promulgate rules

prescribing registration forms required by this section.

§ 157 — Granting authority

Granting authority. The division of homeland security and

emergency services by and through the commissioner of the division of

homeland security and emergency services or his duly authorized officers

and employees, shall administer, carry out and approve grants of funds

from moneys allocated and appropriated therefor, for authorized arson,

fire prevention and control expenditures as defined herein, that are

conducted by municipal corporations. "Authorized arson, fire prevention

and control expenditures" shall mean those expenditures utilized by a

municipal corporation for fire or arson prevention, fire or arson

investigation and arson prosecution. No expenditure which has not been

specifically designated by the local legislative body for arson, fire

prevention and control and approved by the office of fire prevention and

control pursuant to rules and regulations promulgated thereby shall be

considered an "authorized arson, fire prevention and control

expenditure." The division of homeland security and emergency services

shall adopt, amend and rescind such rules, regulations and guidelines as

may be necessary for the performance of its functions, powers and duties

under this section. The division of homeland security and emergency

services shall allocate grants under this article among the

municipalities whose applications have been approved in such a manner as

will most nearly provide an equitable distribution of the grants among

municipalities, taking into consideration such factors as the level of

suspected arson activity, population and population density, the need

for state funding to carry out local programs, and the potential of the

municipalities to effectively employ such grants.

§ 158 — Firefighting training

Firefighting training. 1. For the purpose of this section, the

term fire fighter shall mean a member of a fire department whose duties

include fire service as defined in paragraph d of subdivision eleven of

section three hundred two of the retirement and social security law.

2. In addition to the functions, powers and duties otherwise provided

by this article, the state fire administrator may promulgate rules and

regulations with respect to:

(a) The approval, or revocation thereof, of fire training programs for

fire fighters;

(b) Minimum courses of study, attendance requirements, and equipment

and facilities to be required for approved fire training programs for

fire fighters;

(c) Minimum qualifications for instructors for approved fire training

programs for fire fighters;

(d) The requirements of minimum basic training which fire fighters

appointed to probationary terms shall complete before being eligible for

permanent appointment, and the time within which such basic training

must be completed following such appointment to a probationary term;

(e) The requirements of minimum basic training which fire fighters not

appointed for probationary terms but appointed on other than a permanent

basis shall complete in order to be eligible for continued employment or

permanent appointment, and the time within which such basic training

must be completed following such appointment on a non-permanent basis;

(f) The requirements for in-service training programs designed to

assist fire fighters in maintaining skills and being informed of

technological advances;

(g) Categories or classifications of advanced in-service training

programs and minimum courses of study and attendance requirements with

respect to such categories or classifications;

(h) Exemptions from particular provisions of this article in the case

of any county, city, town, village or fire district, if in the opinion

of the state fire administrator the standards of fire training

established and maintained by such county, city, town, village or fire

district are equal to or higher than those established pursuant to this

article; or revocation in whole or in part of such exemption, if in his

or her opinion the standards of fire training established and maintained

by such county, city, town, village or fire district are lower than

those established pursuant to this article; and

(i) Education, health and physical fitness requirements for

eligibility of persons for provisional or permanent appointment in the

competitive class of the civil service as fire fighters as it deems

necessary and proper for the efficient performance of such duties;

3. In furtherance of his or her functions, powers and duties as set

forth in this section, the state fire administrator may:

(a) Recommend studies, surveys and reports to be made by the state

fire administrator regarding the carrying out of the objectives and

purposes of this section;

(b) Visit and inspect any fire training programs approved by the state

fire administrator or for which application for such approval has been

made; and

(c) Recommend standards for promotion to supervisory positions.

4. In addition to the functions, powers and duties otherwise provided

by this section, the state fire administrator shall:

(a) Approve fire training programs for fire fighters and issue

certificates of approval to such programs, and revoke such approval or

certificate;

(b) Certify, as qualified, instructors for approved fire training

programs for fire fighters and issue appropriate certificates to such

instructors;

(c) Certify fire fighters who have satisfactorily completed basic

training programs and in-service training programs, and issue

appropriate certificates to such fire fighters and revoke such

certificates;

(d) Cause studies and surveys to be made relating to the

establishment, operation, effectiveness and approval of fire training

programs;

(e) Cause studies and surveys to be made relating to the completion or

partial completion of training programs by video or computer to the

maximum extent practicable; and

(f) Consult with and cooperate with the state university of New York

and private universities, colleges and institutes in the state for the

development of specialized courses of study for fire fighters in fire

science and fire administration.

§ 159 — Advisory council for fire prevention and control

Advisory council for fire prevention and control. 1. There is

hereby created within the division of homeland security and emergency

services an advisory council for fire prevention and control for the

purpose of advising the commissioner and the state fire administrator

with regard to: (a) execution of the functions, powers and duties of the

office with respect to fire and arson prevention and control services,

policies and programs; (b) recommendations on courses of instruction and

standards for training of firefighters of fire departments, fire

companies, municipal corporations, districts, and private industry of

the state; (c) recommendations on federal and state legislation and

programs relating to fire and arson prevention services, policies and

programs; and (d) recommendations upon such other matters as the

commissioner and the state fire administrator may request.

2. The council shall be composed of the state fire administrator, as

chair, or his or her designee, and twelve other members appointed as

follows: six members appointed by the governor; two members appointed by

the temporary president of the senate; one member appointed by the

minority leader of the senate; two members appointed by the speaker of

the assembly; one member appointed by the minority leader of the

assembly.

3. Membership of such council shall consist of representatives from

the volunteer and career fire service, at least half of which shall

serve at the municipal level.

4. Members of the council, other than the state fire administrator,

shall serve for terms of three years, with such terms to commence on

April first and expire on March thirty-first.

5. No member of the council shall be disqualified from holding any

other public office or employment, nor shall he or she forfeit any such

office or employment by reason of the appointment hereunder,

notwithstanding the provisions of any general, special or local law,

ordinance or city charter.

6. The council shall meet at least twice a year. Special meetings may

be called by the chairperson. The agenda and meeting place of all

regular or special meetings shall be made available to the public in

advance of such meeting.

7. Members of the council shall serve without salary or per diem

allowance, but shall be entitled to reimbursement for actual and

necessary expenses incurred in the performance of official duties under

this section, provided, however, that such members are not, at the time

such expenses are incurred, public employees otherwise entitled to such

reimbursement.

8. The chairperson may create subcommittees as he or she may from time

to time deem appropriate to provide the council with advice and

recommendations. Members of such subcommittees shall be entitled to

reimbursement for actual and necessary expenses incurred in the

performance of official duties under this section, provided, however,

that such members are not, at the time such expenses are incurred,

public employees otherwise entitled to such reimbursement.

§ 159-a — Inclusion on the fallen firefighters memorial

Inclusion on the fallen firefighters memorial. In the case of

a death of a firefighter, regardless of whether such death occurred

before, on, or after the effective date of this section, that results

from services performed in the line of duty, as determined by an

authoritative agency including, but not limited to, the workers'

compensation board, the federal Department of Justice, or the office of

fire prevention and control, the name of that firefighter shall be

inscribed upon the New York state fallen firefighters memorial on the

Capitol Mall in Albany. The fallen firefighters memorial selection

committee shall amend its election criteria so that it is not in

conflict with the provisions of this section.

§ 159-c-1 — Training; live fire conditions

Training; live fire conditions. 1. In the training of

firefighters under live fire conditions no person or persons shall play

the role of a victim.

2. For purposes of this section, a live fire condition is any

unconfined open flame or device that can propagate fire to a building, a

training tower, an acquired structure or other combustible material.

3. A violation of this section shall be punishable by a civil penalty

not to exceed one thousand dollars paid for by the fire department

conducting such training.

§ 159-d — Training for fire chiefs

Training for fire chiefs. The state fire administrator may

conduct the training and education required for fire chiefs pursuant to

subdivision seven of section fifty-eight-a of the civil service law and

section two hundred four-dd of the general municipal law with sufficient

frequency to enable individuals to satisfy the necessary qualifications

for a fire chief pursuant to such section. To the extent practicable,

such training and education may be made available in all geographic

regions of the state. Such regions may be determined by the state fire

administrator.

ARTICLE 6-D Community Services Block Grant Program

§ 159-e — Definitions

Definitions. When used in this article:

1. "Eligible entity" shall mean any organization

(a) officially designated as a community action agency or a community

action program under the provisions of section two hundred ten of the

economic opportunity act of 1964 for fiscal year 1981, unless such

community action agency or a community action program lost its

designation under section two hundred ten of such act as a result of a

failure to comply with the provisions of such act; or

(b) designated by the process described in section one hundred

fifty-nine-m of this article (including an organization serving migrant

or seasonal farmworkers that is so described or designated).

Such eligible entity shall have a tripartite board as its governing

board which fully participates in the development, planning,

implementation, and evaluation of the program to serve low-income

communities and through which the entity shall administer the community

services block grant program. However, such eligible entities which are

public organizations shall have either a tripartite board or another

mechanism specified by the state to assure decision making and

participation by low-income individuals in the development, planning,

implementation, and evaluation of programs funded under this article.

2. "Tripartite board" shall mean

(a) the governing board of a private nonprofit entity selected by the

entity and composed so as to assure that

(1) one-third of the members of the board are elected public

officials, holding office on the date of selection, or their

representatives, except that if the number of such elected officials

reasonably available and willing to serve on the board is less than

one-third of the membership of the board, membership on the board of

appointive public officials or their representatives may be counted in

meeting such one-third requirement;

(2) (A) not fewer than one-third of the members are persons chosen in

accordance with democratic selection procedures adequate to assure that

these members are representative of low-income individuals and families

in the neighborhood served; and

(B) each representative of low-income individuals and families

selected to represent a specific neighborhood within a community under

clause (A) of this subparagraph resides in the neighborhood represented

by the member; and

(3) the remainder of the members are officials or members of business,

industry, labor, religious, law enforcement, education, or other major

groups and interests in the community served; or

(b) the governing board of a public organization, which shall have

members selected by the organization and shall be composed so as to

assure that not fewer than one-third of the members are persons chosen

in accordance with democratic selection procedures adequate to assure

that these members

(1) are representative of low-income individuals and families in the

neighborhood served;

(2) reside in the neighborhood served; and

(3) are able to participate actively in the development, planning,

implementation, and evaluation of programs funded under this article.

3. "Indian tribes" and "tribal organizations" shall mean those tribes,

bands or other organized groups of Indians recognized in the state or

considered by the federal secretary of the interior to be an Indian

tribe or an Indian organization for any purpose.

4. "Community based organization" shall mean any organization

incorporated for the purpose of providing services or other assistance

to economically or socially disadvantaged persons within its designated

community. Such organization must have a board of directors of which

more than half of the members reside in such designated community.

5. "Department" shall mean the department of state.

6. "Secretary" shall mean the secretary of state.

§ 159-f — Functions, powers and duties of the secretary

Functions, powers and duties of the secretary. The secretary

or his duly authorized officers or employees, shall have the following

functions, powers and duties:

1. To act as the official agent of the state for the purpose of

administering, carrying out and otherwise cooperating with the federal

government in connection with the federal community services block grant

act of 1981, as amended;

2. To allocate federal community services block grant funds pursuant

to contracts with recipients of such funds in the manner required by

federal law and regulation;

3. To assist the governor in applying for the state's allocation under

the federal community services block grant act, including the

fulfillment of any planning requirements;

4. To cooperate with the legislature in conducting hearings required

by the federal community services block grant act; and

5. To monitor and evaluate the use of funds received by the state

pursuant to the federal community services block grant act.

§ 159-g — Rules and regulations

Rules and regulations. The secretary shall promulgate rules

and regulations necessary to carry out the provisions of this article.

§ 159-h — Limitation of administrative costs

Limitation of administrative costs. Not more than five

percent of the community services block grant funds received by the

state shall be retained for administration at the state level.

§ 159-i — Distribution of funds

Distribution of funds. At least ninety percent of the

community services block grant funds received by the state shall be

distributed pursuant to a contract by the secretary to eligible entities

as defined in subdivision one of section one hundred fifty-nine-e of

this article. Each such eligible entity shall receive the same

proportion of community services block grant funds as was the proportion

of funds received in the immediately preceding federal fiscal year under

the federal community services block grant program as compared to the

total amount received by all eligible entities in the state, under the

federal community services block grant program.

The secretary shall, pursuant to section one hundred fifty-nine-h of

this article, retain not more than five percent of the community

services block grant funds for administration at the state level.

The remainder of the community services block grant funds received by

the state shall be distributed pursuant to a contract by the secretary

in the following order of preference: a sum of up to one-half of one

percent of the community services block grant funds received by the

state to Indian tribes and tribal organizations as defined in this

article, on the basis of need; and to community based organizations.

Such remainder funds received by eligible entities will not be included

in determining the proportion of funds received by any such entity in

the immediately preceding federal fiscal year under the federal

community services block grant program.

§ 159-k — Monitoring and evaluation

Monitoring and evaluation. 1. The secretary shall monitor and

evaluate the use of community services block grant funds made available

pursuant to this article by the recipients of such funds in order to

evaluate the performance of such recipients. Evaluations shall include,

but not be limited to:

(a) determining the effectiveness of recipients' administrative

operations, organizational structure, planning and programming, self

evaluation, and general decision making; and

(b) reviewing the recipients' compliance with federal and state law

and regulation.

2. For purposes of evaluations conducted under this section,

recipients shall make available to the secretary, or any duly authorized

officer or employee of the department, appropriate books, documents,

papers and records for examination, copying or mechanical reproduction

on or off the premises of the recipient upon a reasonable request

therefor.

§ 159-l — Decertification and reduction of entity shares

Decertification and reduction of entity shares. 1. Any

eligible entity that received funding in the previous federal fiscal

year through a community services block grant made under this article

shall not have its funding terminated under this article or reduced

below the proportional share of funding the entity received in the

immediately preceding federal fiscal year, as determined pursuant to

section one hundred fifty-nine-i of this article, unless, after

providing notice and an opportunity for a hearing on the record, the

state determines that cause exists for such termination or such

reduction, subject to review by the secretary of the United States

department of health and human services. For purposes of making a

determination that cause exists for:

(a) a funding reduction, the term "cause" shall include

(1) a statewide redistribution of funds provided through a community

services block grant under this article to respond to

(A) the results of the most recently available census or other

appropriate data;

(B) the designation of a new eligible entity; or

(C) severe economic dislocation; and

(2) the failure of an eligible entity to comply with the terms of an

agreement or a state plan, or to meet a state requirement, as described

in this section; or

(b) a termination, the term "cause" includes the failure of an

eligible entity to comply with the terms of an agreement or a state

plan, or to meet a state requirement, as described in this section.

2. If the state determines, on the basis of a final decision in a

review pursuant to this article, that an eligible entity fails to comply

with the terms of an agreement or the state plan to provide services

under this article or to meet appropriate standards, goals, and other

requirements established by the state (including performance

objectives), the state shall:

(a) inform the entity of the deficiency to be corrected;

(b) require the entity to correct the deficiency;

(c) (1) offer training and technical assistance, if appropriate, to

help correct the deficiency, and prepare and submit to the secretary of

the United States department of health and human services a report

stating the reasons for the determination; or

(2) if the state determines that such training and technical

assistance are not appropriate, it shall prepare and submit to the

secretary of the United States department of health and human services a

report stating the reasons for the determination;

(d) (1) at the discretion of the state (taking into account the

seriousness of the deficiency and the time reasonably required to

correct the deficiency), allow the entity to develop and implement and

submit to the state, within sixty days after being informed of the

deficiency, a quality improvement plan to correct such deficiency within

a reasonable period of time, as determined by the state; and

(2) not later than thirty days after receiving from an eligible entity

a proposed quality improvement plan pursuant to subparagraph one of this

paragraph, either approve such proposed plan or specify the reasons why

the proposed plan cannot be approved; and

(e) after providing adequate notice and an opportunity for a hearing,

initiate proceedings to terminate the designation of or reduce the

funding under this article of the eligible entity unless the entity

corrects the deficiency.

3. A determination to terminate the designation or reduce the funding

of an eligible entity pursuant to subdivision two of this section is

reviewable by the secretary of the United States department of health

and human services, pursuant to the processes set forth in the federal

community services block grant act of 1981, as amended.

§ 159-m — Designation and redesignation of eligible entities in unserved areas

Designation and redesignation of eligible entities in

unserved areas. 1. Qualified organization in or near area. (a) In

general. If any geographic area of the state is not, or ceases to be,

served by an eligible entity under this article, and if the governor

decides to serve such area, the governor may solicit applications from,

and designate as an eligible entity

(1) a private nonprofit organization (which may include an eligible

entity) that is geographically located in the unserved area, that is

capable of providing a broad range of services designed to eliminate

poverty and foster self-sufficiency, and that meets the requirements of

this article; and

(2) a private nonprofit eligible entity that is geographically located

in an area contiguous to or within reasonable proximity of the unserved

area and that is already providing related services in the unserved

area.

(b) Requirement. In order to serve as the eligible entity for the

area, an entity described in subparagraph two of paragraph (a) of this

subdivision shall agree to add additional members to the board of the

entity to ensure adequate representation

(1) in each of the three required categories described in paragraph

(a) of subdivision two of section one hundred fifty-nine-e of this

article, by members that reside in the community comprised by the

unserved area; and

(2) in the category described in subparagraph two of paragraph (a) of

subdivision two of section one hundred fifty-nine-e of this article, by

members that reside in the neighborhood to be served.

2. Special consideration. In designating an eligible entity under

subdivision one of this section, the governor shall grant the

designation to an organization of demonstrated effectiveness in meeting

the goals and purposes of this article and may give priority, in

granting the designation, to eligible entities that are providing

related services in the unserved area, consistent with the needs

identified by a community-needs assessment.

3. No qualified organization in or near area. If no private, nonprofit

organization is identified or determined to be qualified under

subdivision one of this section to serve the unserved area as an

eligible entity the governor may designate an appropriate political

subdivision of the state to serve as an eligible entity for the area. In

order to serve as the eligible entity for that area, the political

subdivision shall have a tripartite board or other mechanism as required

in section one hundred fifty-nine-e of this article.

§ 159-n — Report of the secretary

Report of the secretary. The secretary of state shall report

to the governor and the legislature by March fifteenth of each year on

the administration of the community services block grant program. The

report shall include, but not be limited to, the results of the

monitoring and evaluation of recipients of funds under the program and

any recommendation for changes which the secretary of state deems

necessary for the effective administration of the program.

ARTICLE 6-E State Certified and Licensed Real Estate Appraisers

§ 160 — Application

Application. This article applies to the profession of real

estate appraisers and the use of the titles "state certified real estate

appraiser" and "state licensed real estate appraiser".

§ 160-a — Definitions

Definitions. As used in this article the following terms

shall mean:

1. "Analysis" is a study of real estate or real property other than

estimating value.

2. "Appraisal" or "real estate appraisal" means an analysis, opinion

or conclusion relating to the nature, quality, value or utility of

specified interests in, or aspects of, identified real estate. An

appraisal may be classified by subject matter into either a valuation or

an analysis.

3. "Appraisal report" means any written communication of an appraisal.

4. "Board" means the state board of real estate appraisal established

pursuant to the provisions of section one hundred sixty-c of this

article.

5. (a) "Certified appraisal" or "certified appraisal report" means an

appraisal or appraisal report given or signed and certified as such by a

certified real estate appraiser. When identifying an appraisal or

appraisal report as "certified", the state certified real estate

appraiser must indicate which type of certification is held. A certified

appraisal or appraisal report represents to the public that it meets the

appraisal standards defined in this article.

(b) "Licensed appraisal" or "licensed appraisal report" means an

appraisal or appraisal report given or signed and authenticated as such

by a licensed real estate appraiser. A licensing appraisal or appraisal

report represents to the public that it meets the appraisal standards as

prescribed by the board.

6. (a) "State certified real estate appraiser" means a person who

develops and communicates real estate appraisal and who holds a current,

valid certificate issued to him or her for either general or residential

real estate under the provisions of this article.

(b) "State licensed real estate appraiser" means a person who develops

and communicates real property appraisals and who holds a current valid

license issued to him or her for residential real property under the

provisions of this article.

(c) "State licensed real estate appraiser assistant" means a person

who assists and is supervised by a state certified real estate appraiser

and who holds a current valid license issued to him or her under the

provisions of this article.

7. "Department" shall mean the department of state.

8."Real estate" means an identified parcel or tract of land, including

improvements, if any.

9. "Real property" means one or more defined interests, benefits and

rights inherent in the ownership of real estate.

10. "Valuation" is an estimate of the value of real estate or real

property.

§ 160-b — Use of the title "state certified real estate appraiser" or "state licensed real estate appraiser" or "state licensed real estate apprais...

Use of the title "state certified real estate appraiser" or

"state licensed real estate appraiser" or "state licensed real estate

appraiser assistant". 1. Only a person certified under this article

shall use the title "state certified real estate appraiser" or licensed

under this article shall use the title "state licensed real estate

appraiser" or "state licensed real estate appraiser assistant" or assume

that title or any title, designation or abbreviation likely to create

the impression of certification or license by this state as a real

estate appraiser or real estate appraiser assistant. After December

thirty-first, nineteen hundred ninety-one, only a person who is

certified or licensed pursuant to this article shall describe or refer

to any appraisal or other evaluation of real estate located in this

state by the term "certified" or "licensed".

2. Nothing in this article shall preclude a person who is not a state

certified or licensed real estate appraiser or a licensed real estate

appraiser assistant from appraising real estate for compensation.

§ 160-c — State board of real estate appraisal

State board of real estate appraisal. 1. There is hereby

established within the department of state a state board of real estate

appraisal which shall consist of nine members, three of whom shall be

public members and six of whom shall be real estate appraisers, who

shall have and exercise the powers of the board as set forth in section

one hundred sixty-d of this article.

2. Three members shall be appointed by the governor, one of whom shall

be a public member; two members shall be appointed by the temporary

president of the senate, one of whom shall be a real estate appraiser

and one of whom shall be a public member; two members shall be appointed

by the speaker of the assembly, one of whom shall be a real estate

appraiser and one of whom shall be a public member; one member shall be

appointed by the minority leader of the senate; one member shall be

appointed by the minority leader of the assembly. The term of each

member shall be five years.

3. Notwithstanding the foregoing, the members of the first board who

are real estate appraisers, need not be certified or licensed under this

article prior to their appointment to the board. The board shall appoint

an executive secretary who shall be a real estate appraiser.

4. The executive secretary and real estate appraiser members first

appointed to the board shall be certified designated members in good

standing of a nationally recognized real estate appraisal organization

that as of June first, nineteen hundred eighty-nine, required appraisal

experience, education and testing in order to become a designated

member, in addition to adherence to standards of professional practice

in order to retain such designation. Each real estate appraiser member

of the board appointed after January first, nineteen hundred ninety-six,

must be a state certified real estate appraiser. At least one-half of

the appraiser members appointed after January first, nineteen hundred

ninety-six, shall hold the general appraisal certificate. Any vacancy

occurring on the board shall be filled within sixty days of its

occurrence, in the same manner as the member whose vacancy is being

filled was appointed. A person appointed to fill a vacancy occurring

other than by expiration of a term shall be appointed for the unexpired

term of the member he succeeds. No person shall serve as a member of

the board for more than two consecutive terms. The public members of the

board shall not be engaged in the practice of real estate appraising.

§ 160-d — Powers of the board

Powers of the board. 1. The board shall adopt rules and

regulations in aid or furtherance of this article and shall have the

following powers and duties:

a. To define, with respect to each category of state certified real

estate appraisers, state licensed real estate appraisers, and state

licensed real estate appraiser assistants, the type of educational

experience, appraisal experience and equivalent experience that will

meet the statutory requirements of this article, provided, however, that

in no event shall the experience, education and examination requirements

adopted by the board be less than the minimum criteria established by

the Appraisal Subcommittee of the Federal Financial Institutions

Examination Council or by the Appraiser Qualification Board of the

Appraisal Foundation as referred to in title XI of the Financial

Institutions Reform, Recovery and Enforcement Act of 1989;

b. To establish examination specifications consistent with the

standards of the Appraisal Qualifications Board of the Appraisal

Foundation for state licensed real estate appraiser assistants, state

licensed real estate appraisers and each category of state certified

real estate appraisers, to provide or procure appropriate examination

questions and answers and to establish procedures for grading

examinations;

c. To define, with respect to state licensed real estate appraiser

assistants, state licensed real estate appraisers and each category of

state certified real estate appraisers, the continuing education

requirements for the renewal of a license or a certification that will

meet the statutory requirements provided in this article;

d. To review the standards for the development and communication of

real estate appraisals provided in this article and to adopt regulations

explaining and interpreting such standards, provided, however, that such

standards must, at a minimum, conform to the uniform standards of

professional appraisal as promulgated by the Appraisal Standards Board

of the Appraisal Foundation; and

e. To prescribe the scope of practice for state licensed real estate

appraiser assistants, state licensed real estate appraisers and each

category of state certified real estate appraisers, provided, however,

that in no event shall the scope of practice prescribed by the board be

less than the scope of practice established by the Appraisal

Subcommittee of the Federal Financial Institutions Examination Council

or by the Appraiser Qualification Board of the Appraisal Foundation as

referred to in title XI of the Financial Institutions Reform, Recovery

and Enforcement Act of 1989;

f. To perform such other functions and duties as may be necessary in

carrying out the provisions of this article.

2. The board shall promulgate rules and regulations prescribing the

form and content of each appraisal report. Such rules and regulations

shall include but are not limited to the following requirements:

a. Each appraisal report shall clearly and accurately disclose any

extraordinary assumption or limited condition that directly affects an

appraisal.

b. Each written appraisal report shall comply with the following

specific reporting guidelines:

(1) Identify and describe the real estate being appraised;

(2) Identify the real property being appraised;

(3) Define the opinion that is the purpose of the appraisal and

describe the scope of the appraisal;

(4) Set forth the effective date of the opinion and the date of the

appraisal report;

(5) Set forth the appraiser's opinion of the highest and best use of

the real estate being appraised when such an opinion is necessary and

appropriate;

(6) Set forth the appraisal procedure followed, the data considered

and the reasoning that supports the analyses, opinions and conclusions;

(7) Set forth all assumptions and limiting conditions that affect the

analyses, opinions and conclusions in the appraisal report; and

(8) Set forth any additional information that may be appropriate to

show compliance with, and identify permitted departures from, the

requirements for the development of appraisals as provided in this

article or as established by the board.

3. The board shall establish standards of developing an appraisal.

Such standards shall, among other things, state the following

guidelines:

a. All state certified or licensed real estate appraisers conducting

certified or licensed appraisals, performing appraisal service or

issuing an appraisal shall:

(1) Be aware of, understand and correctly employ those recognized

appraisal methods and techniques that are necessary to produce a

credible analysis, opinion or conclusion;

(2) Not commit a substantial error or omission of commission which

results from a significant departure from the recognized appraisal

methods and techniques;

(3) Not commit a substantial error or omission of commission that

significantly affects an analysis, opinion or conclusion;

(4) Identify the real estate and real property under consideration,

define the opinion that is the purpose of the appraisal, consider the

scope of the appraisal service and identify the effective date of the

opinion;

(5) Identify and consider the appropriate procedures and market data

required to perform the appraisal service, where appropriate;

(6) Consider the effect on use and value of the following factors:

existing land use regulations, reasonably probable modifications of land

use regulations, economic demand, the physical adaptability of the

property, neighborhood trends and the highest and best use of the

property;

(7) Consider the effect on the property being appraised of anticipated

public or private improvements, located on or off the site, to the

extent that market actions reflect the anticipated improvements as of

the effective appraisal date;

(8) Recognize that land may be appraised as though vacant and avail-

able for development and that the appraisal of improvements is based on

their actual contributions to the site;

(9) Appraise proposed improvements only after examining and having

available for future examination plans, specifications or other

documentation sufficient to identify the scope and character of the

proposed improvements, evidence indicating the probable time of

completion of the proposed improvements, and reasonably clear and

appropriate evidence supporting development costs, anticipated earnings,

occupancy projections and the anticipated competition at the time of

completion; and

(10) Base estimates of anticipated future rent and expenses for the

real estate and real property being appraised on reasonably clear and

appropriate evidence.

b. In addition to the foregoing, an appraiser shall define the value

being considered. If the value estimate is a statement or estimate of

market value, he or she shall clearly indicate whether the statement or

estimate is the most probable price in terms of cash or financial

arrangements equivalent to cash or other terms as may be precisely

defined. If an estimate of value is based on submarket financing or

financing with unusual conditions or incentives, the terms of such a

typical financing shall be clearly set forth, their contributions to, or

negative influence on value shall be described and estimated, and the

market data supporting the valuation estimate shall be described and

explained.

c. For each real property appraisal analysis, opinion or conclusion

that contains an estimate of value, a state certified or licensed real

estate appraiser shall observe all of the following specific real

property appraisal guidelines:

(1) Consider whether an appraised fractional interest, physical

segment or partial holding contributes pro rata to the value of the

whole;

(2) Identify any personal property or other items that are not real

estate but are included with or considered in connection with real

estate being appraised and contribute to the total value estimate or

conclusion;

(3) Consider and analyze any current agreement of sale, option or

listing of the real estate and real property being appraised, if the

information is available to the person in the normal course of business;

(4) Consider and analyze any prior sales of the property being

appraised that occurred within one year;

(5) When estimating the value of a leased fee estate or a leasehold

estate, analyze and consider the effect on value, if any, of the terms

and conditions of the lease; and

(6) Give careful consideration to the effect on value, if any, of the

assemblage of the various estates or component parts of an estate and

refrain from estimating the value of the whole solely by adding together

the individual values of its various estates or component parts.

d. In developing a review appraisal, a state certified or licensed

real estate appraiser shall observe all of the following specific

appraisal guidelines:

(1) Identify the appraisal report being reviewed, the real estate

being appraised, the real property being appraised, the effective date

of the opinion in the original report, the date of the original report

and the date of the review;

(2) Identify the scope of the review process to be conducted,

including a determination of whether or not it is appropriate or

essential to inspect the appraised property and the data presented;

(3) Form an opinion as to the adequacy and relevance of the data used

and the propriety of any adjustment made;

(4) Form an opinion as to whether or not the appraisal methods and

techniques used were appropriate and, if not, the reasons for the

person's disagreement with the original appraisal; and

(5) Form an opinion as to whether or not the analyses, opinions or

conclusions in the report being reviewed are correct or appropriate and,

if not, state his or her analyses, opinions or conclusions and his or

her reasons for disagreement with the original appraisal.

e. In developing an appraisal for an employer or a client, a state

certified or licensed real estate appraiser shall carefully consider and

determine whether the appraisal service to be performed is intended to

result in an analysis, opinion or conclusion of a disinterested third

party and therefore would be classified as an appraisal assignment as

defined in subdivision two of section one hundred sixty-x of this

article. If the appraisal service to be performed is not intended to

result in an analysis, opinion or conclusion of a disinterested third

party, the person shall then carefully consider whether or not he or she

would be perceived by third parties or the public as acting as a

disinterested third party.

f. Prior to entering into an agreement to perform a real property

appraisal service, a state certified or licensed real estate appraiser

shall carefully consider the knowledge and experience that will be

required to complete the appraisal service competently and either:

(1) Have the knowledge and experience necessary to complete the

appraisal service competently; or

(2) Immediately disclose the lack of knowledge or experience to the

client and take all steps necessary to complete the appraisal service

competently.

g. A state certified or licensed real estate appraiser may enter into

an agreement to perform a real property appraisal service that calls for

something less than, or different from, the work that would otherwise be

required by the specific appraisal guidelines, provided that prior to

entering into the agreement, he or she has done all of the following:

(1) The state certified or licensed real estate appraiser has

determined that the appraisal service to be performed is not so limited

in scope that the resulting analysis, opinion or conclusion concerning

real estate or real property would tend to mislead or confuse the

client, the users of the appraisal report or the public; and

(2) The state certified or licensed real estate appraiser has advised

the client that the appraisal service calls for something less than, or

different from, the work required by the specific appraisal guidelines,

and therefore the appraisal report will include a qualification that

reflects the limited or differing scope of the appraisal service.

§ 160-e — Powers of the department

Powers of the department. The department shall have the

following powers and duties:

1. To receive applications for certification and licensing;

2. To establish the administrative procedures for processing

applications for certification and licensing;

3. To approve or disapprove applications for certification or license

and issue certificates or licenses;

4. To maintain a registry of the names and addresses of people

certified or licensed under this article;

5. To retain records and all application materials submitted to it;

6. To approve courses and seminars for original certification or

licensing and continuing education to ensure that the same are

consistent with the standards established by the board, or equivalent to

those required by such standards;

7. To assist the board in such other manner as the board may request;

8. To establish administrative procedures for disciplinary proceedings

conducted pursuant to the provisions of this article; and

9. To suspend and revoke certificates or licenses or impose fines

pursuant to the disciplinary proceedings provided for in this article.

§ 160-f — Fees

Fees. 1. The department shall charge and collect fees not in

excess of the following:

a. An application fee for certification and licensing of two hundred

fifty dollars.

b. An examination fee of fifty dollars.

c. A reexamination fee of fifty dollars.

d. A fee for recertification or renewal of license of two hundred

fifty dollars.

e. A delinquent renewal fee of two hundred dollars.

2. Notwithstanding any other law, the department may transmit an

annual registry fee as set by the federal appraisal subcommittee in

accordance with 12 U.S.C. 3338 (a)(4)(A) from such individuals who

perform or seek to perform appraisals in federally related transactions

and to transmit a roster of such individuals to the Appraisal

Subcommittee of the Federal Financial Institutions Examination Council

as required by Title XI of the Financial Institutions Reform, Recovery,

and Enforcement Act of 1989.

3. All fees collected under this section shall be paid into the

business and licensing services account established pursuant to section

ninety-seven-y of the state finance law.

§ 160-g — Certification and licensing process

Certification and licensing process. 1. Applications for

original certification and recertification, original license and renewal

of license, and examinations shall be made in writing to the department

on forms approved by the board.

2. The fees, as fixed by the department pursuant to section one

hundred sixty-f of this article, must accompany all applications for

original certification and recertification, original license and renewal

of license, and examination.

3. At the time of filing an application for certification or license,

each applicant shall sign a pledge to comply with the standards set

forth in this article and state that he or she understands the types of

misconduct for which disciplinary proceedings may be initiated against a

state certified real estate appraiser, or a state licensed real estate

appraiser, as set forth in this article.

§ 160-h — Licenses and certifications

Licenses and certifications. 1. There shall be one class of

license for state licensed real estate appraiser assistants, one class

of license for state licensed real estate appraisers and two classes of

certification for state certified real estate appraisers. The classes of

certification shall be state certified residential real estate appraiser

and state certified general real estate appraiser. The board shall

prescribe the scope of practice for each license and both classes of

certification, provided, however, that in no event shall the scope of

practice prescribed by the board be less than the minimum criteria

established by the Appraisal Subcommittee of the Federal Financial

Institutions Examination Council or by the Appraiser Qualification Board

of the Appraisal Foundation as referred to in title XI of the Financial

Institutions Reform, Recovery and Enforcement Act of 1989.

2. The application for original certification and recertification or

original license and renewal of license, and examination shall specify

whether it is for a license or certification being applied for and

previously granted. If the application is for a license or renewal, it

shall specify for what class of license the application is being made.

If the application is for a certification or recertification, it shall

specify for what class of certification the application is being made.

§ 160-i — Examination requirement

Examination requirement. An original certification as a state

certified real estate appraiser or an original license as a state

licensed real estate appraiser shall not be issued to any person who has

not demonstrated through a written examination process that he or she

possesses the following:

1. Appropriate knowledge of technical terms commonly used in or

related to real estate appraising, appraisals, report writing and

economic concepts applicable to real estate;

2. Understanding of the principles of land economics, real estate

appraisal processes, and of problems likely to be encountered in

gathering, interpreting and processing of data in carrying out appraisal

disciplines;

3. Understanding of the standards for the development and

communication of real estate appraisals as provided in this article;

4. Knowledge of theories of depreciation, cost estimating, methods of

capitalization, and the mathematics of real estate appraisal that are

appropriate for the classification of certificate applied for;

5. Knowledge of other principles and procedures as may be appropriate

for the respective classifications;

6. Basic understanding of real estate law; and

7. Understanding of the types of misconduct for which disciplinary

proceedings may be initiated against a state certified real estate

appraiser or a state licensed real estate appraiser, as set forth in

this article.

§ 160-j — Examination prerequisites

Examination prerequisites. 1. Certified general

classification. As a prerequisite to taking the examination for

certification as a state certified general real estate appraiser, an

applicant shall present evidence satisfactory to the board that he or

she has fulfilled the minimum education and experience requirements for

such certification examination as established by the board, which shall

not be less than the minimum criteria established by the Appraiser

Qualification Board pursuant to Title XI of the Financial Institution

Reform, Recovery and Enforcement Act of 1989.

2. Certified residential classification. As a prerequisite to taking

the examination for certification as a state certified residential real

estate appraiser, an applicant shall present evidence satisfactory to

the board that he or she has fulfilled the minimum education and

experience requirements for such certification examination as

established by the board, which shall not be less than the minimum

criteria established by the Appraiser Qualification Board pursuant to

Title XI of the Financial Institution Reform, Recovery and Enforcement

Act of 1989.

3. Licensed classification. As a prerequisite to taking the

examination for licensing as a state licensed real estate appraiser, an

applicant shall present evidence satisfactory to the board that he or

she has fulfilled the minimum education and experience requirements for

such certification examination as established by the board, which shall

not be less than the minimum criteria established by the Appraiser

Qualification Board pursuant to Title XI of the Financial Institution

Reform, Recovery and Enforcement Act of 1989.

§ 160-k — Experience requirement

Experience requirement. 1. An original certification of a

state certified real estate appraiser, or an original license of a state

licensed real estate appraiser, shall not be issued to any person who

does not possess the equivalent of two years of appraisal experience in

real property appraisal as defined by the board supported by adequate

written reports. Such experience may include fee and staff appraisal, ad

valorem tax appraisal, review appraisal, appraisal analysis, highest and

best use analysis, feasibility analysis or study, and teaching of

appraisal courses at a university, college, or junior college when such

courses have a duration of not less than ten weeks.

2. A person who is not a state certified real estate appraiser under

this article may assist a state certified real estate appraiser in the

preparation of an appraisal, provided that he or she is actively and

personally supervised by the state certified real estate appraiser and

provided that any appraisal report is reviewed and signed by the

supervising state certified appraiser.

3. Each applicant for certification or license shall furnish under

oath a detailed listing of the real estate appraisal reports for each

year for which experience is claimed by the applicant. Upon request, the

applicant shall make available to the department for examination, a

sample of appraisal reports which the applicant has prepared in the

course of his or her appraisal practice.

4. No state certified real estate appraiser shall supervise more than

three licensed real estate appraiser assistants.

§ 160-l — Terms of registration

Terms of registration. The term of a certificate or license

issued under the authority of this article shall be two years from the

date of issuance. The expiration date of the certificate or license

shall appear on the certificate or license and no other notice of its

expiration need be given to its holder.

§ 160-m — Nonresident certification and licensing

Nonresident certification and licensing. 1. Every applicant

for certification or licensing under this article who is not a resident

of this state shall submit, with the application for certification or

license, an irrevocable consent that service of process upon him or her

may be made by delivery of the process to the secretary of state if, in

an action against the applicant in a court of this state arising out of

the applicant's activities as a state certified real estate appraiser,

or a state licensed real estate appraiser, the plaintiff cannot, in the

exercise of due diligence, effect personal service upon the applicant.

2. When a nonresident of this state, certified or licensed under the

laws of his resident state, the certification and licensing process of

which has not been disapproved by the appraisal subcommittee of the

federal financial institutions examination council, does not maintain an

office for providing appraisal services to clients in this state, and

has complied with subdivision one of this section, such nonresident may,

upon recommendation of the board, pursuant to such temporary licensing

rules or regulations as the board may promulgate, provide certified or

licensed appraisals. No temporary certificate or license shall be valid

for a duration greater than one year after the date of issue. Any person

performing, or seeking to perform, federally related appraisals shall be

liable for, and pay, all fees, rated proportionately, which would apply

to such person were he or she a resident of this state.

3. A nonresident of this state who has complied with subdivision one

of this section, but who does not qualify for treatment under

subdivision two of this section, may obtain a certificate as a state

certified real estate appraiser or a license as a state licensed real

estate appraiser by conformity to all the provisions of this article

relating to state certified or licensed real estate appraisers.

4. The board shall recognize on a temporary basis the certification or

license of an appraiser issued by another state pursuant to section 1122

of Title XI of the Financial Institutions Reform, Recovery, and

Enforcement Act of 1989, Pub. Law. No. 101-73, 103 Stat. 183 (1989)

(codified at 12 U.S.C. 331 et seq.).

§ 160-n — Nonresident certification and licensing by reciprocity

Nonresident certification and licensing by reciprocity. If,

in the determination of the board, the certification or licensing

process has not been disapproved by the appraisal subcommittee of the

federal financial institutions examination council, an applicant who is

certified under the laws of such other state may obtain a certificate as

a state certified real estate appraiser or a license as a state licensed

real estate appraiser in this state upon such terms and conditions as

may be determined by the department.

§ 160-o — Renewal certificate or license

Renewal certificate or license. 1. a. To obtain a

recertification as a state certified real estate appraiser, or a renewal

of license as a state licensed real estate appraiser, the holder of a

current, valid certificate or license shall make application and pay the

prescribed fee to the department not earlier than one hundred twenty

days nor later than thirty days prior to the expiration date of the

certificate or license then held. With the application for

recertification or renewal of license, the state certified real estate

appraiser or state licensed real estate appraiser shall present evidence

in the form prescribed by the department of having completed the

continuing education requirements, if any, for renewal specified in this

article.

b. If the department determines that an applicant has failed to meet

the requirements for renewal of certification or licensing through

mistake, misunderstanding or circumstances beyond the control of the

applicant, the department may extend the term of the certificate or

license for a period not to exceed six months, upon payment by the

applicant of the prescribed fee for the extension.

c. If the applicant satisfies the requirements for renewal during the

extended term of certification or license, the beginning date of the new

renewal certificate or license shall be the day following the expiration

of the certificate or license previously held by the applicant.

2. If a person fails to renew a certificate as a state certified real

estate appraiser, or license as a state licensed real estate appraiser,

prior to its expiration or within a period of extension granted by the

department pursuant to this article, the person may obtain a

recertification or renewal of license by satisfying all of the

requirements for renewal and by the payment of a late renewal fee.

3. The license of a state licensed real estate appraiser assistant may

be renewed in accordance with the provisions of subdivisions one and two

of this section.

§ 160-p — Basis for denial

Basis for denial. The department may, in accordance with the

provisions of this article relating to hearings, deny the issuance of a

certificate as a state certified real estate appraiser, or license as a

state licensed real estate appraiser, or license as a state licensed

real estate appraiser assistant, to an applicant on any of the grounds

enumerated in this article.

§ 160-q — Principal place of business

Principal place of business. 1. Each state certified or

licensed real estate appraiser and each state licensed real estate

appraiser assistant shall advise the department of the address of his or

her principal place of business and all other addresses at which he or

she is currently engaged in the business of preparing or assisting with

the preparation of real property appraisal reports.

2. Change of name or address. Notice in writing in the manner and form

prescribed by the department shall be given the department at its

offices in Albany within ten days of a change of name or address of the

state certified or licensed real estate appraisers or of the state

licensed real estate appraiser assistants, except those made on a

recertification or renewal application. The fee for filing each change

of name or address notice shall be ten dollars.

§ 160-r — Certificate or license

Certificate or license. 1. A certificate or license issued

under authority of this article shall bear the signature of the

executive secretary of the board and a certificate or license number

assigned by the department.

2. Each state certified real estate appraiser shall place his or her

certificate number, and each licensed real estate appraiser shall place

his or her license number adjacent to or immediately below the title

"State Certified Residential Real Estate Appraiser", "State Certified

General Real Estate Appraiser" or "State Licensed Real Estate

Appraiser", respectively, when used in an appraisal report or in a

contract or other instrument used by the certificate or license holder

in conducting real property appraisal activities.

3. Duplicate licenses or certifications or pocket cards. In the case

of loss, destruction, or damage, the secretary of state may, upon

submission of a request in such form and manner as the department may

prescribe, issue a duplicate license or certification or pocket card

upon payment of a fee of ten dollars.

§ 160-s — Use of term

Use of term. 1. The title "state certified real estate

appraiser" may only be used to refer to individuals who hold the

certificate, and the title "state licensed real estate appraiser" may

only be used to refer to individuals who hold the license, and the title

"state licensed real estate appraiser assistant" may only be used to

refer to individuals who hold the license, and may not be used following

or immediately in conjunction with the name or signature of a firm,

partnership, corporation or group; or in such manner that it might be

interpreted as referring to a firm, partnership, corporation, group or

anyone other than an individual holder of the certificate or license.

2. No certificate or license shall be issued under the provisions of

this article to a corporation, partnership, firm or group. This shall

not be construed to prevent a state certified or licensed real estate

appraiser from signing an appraisal report on behalf of a corporation,

partnership, firm or group practice.

§ 160-t — Continuing education

Continuing education. 1. As a prerequisite to recertification

or renewal of license, a certified or licensed real estate appraiser

shall present evidence satisfactory to the department of having met the

continuing education requirements, if any, pursuant to this article.

2. The basic continuing education requirement for recertification or

renewal of license shall be the completion by the applicant, during the

immediately preceding term of certification or license, of not less than

twenty-eight classroom hours of instruction in courses or seminars which

have received the approval of the department. Computer based and

distance learning courses may be approved by the department so long as

providers demonstrate the ability to monitor and verify participation by

the real estate appraiser for the specified time periods.

3. In lieu of meeting the requirements of subdivision two of this

section an applicant for recertification or renewal of license may

satisfy all or part of the requirements by presenting evidence of the

following:

a. Completion of an educational program of study determined by the

department to be equivalent, for continuing education purposes, to

courses approved by the department pursuant to subdivision two of this

section; or

b. Participation other than as a student in educational processes and

programs approved by the department which relate to real property

appraisal theory, practices or techniques, including, but not

necessarily limited to, teaching, program development and preparation of

textbooks, monographs, articles and other instructional materials.

4. The secretary of state or her duly appointed designee shall adopt

regulations upon recommendation by the board for implementations of the

provisions of this article to assure that persons renewing their

certifications as state certified real estate appraisers or licenses as

state licensed real estate appraisers have current knowledge of real

property appraisal theories, practices and techniques which will provide

a high degree of service and protection to those members of the public

with whom they deal in a professional relationship under authority of

the certification or license. The regulations shall prescribe the

following:

a. Policies and procedures for obtaining departmental approval of

courses of instruction pursuant to subdivision two of this section;

b. Standards, policies and procedures to be applied by the department

in evaluating applicant's claims of equivalency in accordance with

subdivision three of this section;

c. Standards, monitoring methods and systems for recording attendance

to be employed by course sponsors as a prerequisite to department

approval of courses for credit.

5. In adopting regulations pursuant to paragraph a of subdivision four

of this section, the board shall give favorable consideration to courses

of instruction, seminars and other real property appraisal educational

courses or programs previously or hereafter developed by or under the

auspices of professional appraisal organizations and utilized by those

associations for purposes of designation or indicating compliance with

the continuing education requirements of such organizations.

6. No amendment or repeal of a regulation adopted by the secretary of

state or her duly appointed designee pursuant to this section shall

operate to deprive a state certified real estate appraiser of credit

toward recertification, or a state licensed real estate appraiser of

credit toward renewal of license, for any course of instruction

completed by the applicant prior to the amendment or repeal of the

regulation which would have qualified for continuing education credit

under the regulation as it existed prior to the repeal or amendment.

7. A certification as a state certified real estate appraiser, or a

license as a state licensed real estate appraiser, that has been revoked

as a result of disciplinary action by the department shall not be

reinstated unless the applicant presents evidence of completion of the

continuing education required by this article. This requirement of

evidence of continuing education shall not be imposed upon any applicant

for reinstatement who has been required to successfully complete the

examination for state certified or licensed real estate appraiser as a

condition to reinstatement of certification or license.

8. The board shall prescribe the continuing education requirements for

licensed real estate appraiser assistants; provided, however, that in no

event shall such requirements be less than the minimum criteria

established by the Appraisal Subcommittee of the Federal Financial

Institutions Examination Council or by the Appraiser Qualification Board

of the Appraisal Foundation as referred to in title XI of the Financial

Institutions Reform, Recovery and Enforcement Act of 1989.

§ 160-u — Disciplinary proceedings

Disciplinary proceedings. 1. The rights of any holder under a

state certificate as a state certified real estate appraiser, or a

license as a state licensed real estate appraiser, may be revoked or

suspended, or the holder of the certification or license may be

otherwise disciplined in accordance with the provisions of this article,

upon any of the grounds set forth in this section. As an alternative or

in addition to such suspension or revocation, a fine not exceeding two

thousand dollars may be imposed on any holder of the certification or

license, provided that fifty percent of all moneys received by the

department of state for such fines shall be payable to the

anti-discrimination in housing fund established pursuant to section

eighty-a of the state finance law. The department may investigate the

actions of a state certified or licensed real estate appraiser, and may

sanction or otherwise discipline a certificate or license holder for any

of the following acts or omissions:

a. Procuring or attempting to procure a certificate or license

pursuant to this article by knowingly making a false statement,

submitting false information, refusing to provide complete information

in response to a question in an application for certification or license

or through any form of fraud or misrepresentation;

b. Failing to meet the minimum qualifications established by this

article;

c. Paying money other than provided for by this article to any member

or employee of the department to procure a certificate or license under

this article;

d. A conviction of a felony or a misdemeanor which is substantially

related to the qualifications, functions and duties of a person

developing real estate appraisals and communicating real estate

appraisals to others;

e. An act or omission involving dishonesty, fraud or misrepresentation

with the intent to substantially benefit the certificate or license

holder or another person or with the intent to substantially injure

another person;

f. Violation of any of the standards for the development or

communication of real estate appraisals as provided in this article;

g. Failure or refusal without good cause to exercise reasonable

diligence in developing an appraisal, preparing an appraisal report or

communicating an appraisal;

h. Negligence or incompetence in developing an appraisal, in preparing

an appraisal report, or in communicating an appraisal;

i. Willfully disregarding or violating any of the provisions of this

article or the regulations of the board for the administration and

enforcement of the provisions of this article;

j. Accepting an appraisal assignment as defined in section one hundred

sixty-x of this article, when the employment itself is contingent upon

the appraiser reporting a predetermined estimate, analysis or opinion,

or where the fee to be paid is contingent upon the appraiser reporting a

predetermined estimate, analysis or opinion, or where the fee to be paid

is contingent upon the opinion, conclusion or valuation reached, or upon

the consequences resulting from the appraisal assignment;

k. Violating the confidential nature of governmental records to which

he or she gained access through employment or engagement as an appraiser

by a governmental agency;

l. Entry of a final civil judgment against the person on grounds of

fraud, misrepresentation or deceit in the making of any appraisal of

real property; or

m. Violation of article fifteen of the executive law committed in his

or her capacity as a real estate appraiser.

2. In a disciplinary proceeding based upon a civil judgment, the

certified or licensed real estate appraiser shall be afforded an

opportunity to present matters in mitigation and extenuation, but may

not collaterally attack the civil judgment.

3. The provisions of subdivisions one and two of this section shall

also be applicable to licensed real estate appraiser assistants.

§ 160-v — Due process

Due process. 1. Before suspending or revoking any

certification or license or imposing any fines on a holder of a

certification or license, the department shall notify the state

certified or licensed real estate appraiser or licensed real estate

appraiser assistant in writing of any charges made at least twenty days

prior to the date set for the hearing and shall afford such real estate

appraiser or such real estate appraiser assistant an opportunity to be

heard in person or by counsel.

2. The written notice may be served either personally or sent by

certified mail to the last known business address of the appraiser.

3. The department shall have the power to subpoena and issue subpoena

duces tecum and to take testimony by deposition, in the same manner as

prescribed by law in judicial proceedings in the courts of this state.

§ 160-w — Hearing and judicial review

Hearing and judicial review. 1. The hearing on the charges

shall be at a time and place prescribed by the department.

2. If the department determined that a state certified or licensed

real estate appraiser or licensed real estate appraiser assistant is

guilty of a violation of any of the provisions of this article, it shall

prepare a finding of fact and recommend that such appraiser be

reprimanded, that their certification or license be suspended or

revoked, and/or indicate whether a fine shall be imposed. The decision

and order of the department shall be final.

3. Any final decision or order of the department in certifying or

denying certification or in recertification, or in licensing, denying

license, or in renewal of a license, under this article or in revoking

or suspending such certification or license or imposing any fine or

reprimand on the holder of such certification or license shall be

subject to review by a proceeding brought under and pursuant to article

seventy-eight of the civil practice law and rules at the insistence of

the applicant for such certification, the holder of the certificate or

license so revoked or suspended or the person fined, reprimanded or

otherwise aggrieved.

§ 160-x — Classification of services

Classification of services. 1. A client or employer may

retain or employ a state certified or licensed real estate appraiser to

act as a disinterested third party in rendering an unbiased estimate of

value or analysis. A client or employer may also retain or employ a

state certified or licensed real estate appraiser to provide specialized

services to facilitate the client's or employer's objectives. In either

case, the appraisal and the appraisal report must comply with the

provisions of this article.

2. For the purposes of this article, the term "appraisal assignment"

means an engagement for which an appraiser is employed or retained to

act, or would be perceived by third parties or the public as acting, as

a disinterested third party in rendering an unbiased analysis, opinion

or conclusion relating to the nature, quality, value or utility of

specified interests in, or aspects of, identified real estate.

3. For the purposes of this article, the term "specialized services"

means those appraisal services which do not fall within the definition

of appraisal assignment. The term "specialized services" may include

valuation work and analysis work. Regardless of the intention of the

client or employer, if the state certified or licensed real estate

appraiser would be perceived by third parties or the public as acting as

a disinterested third party in rendering an unbiased analysis, opinion

or conclusion, the work is classified as an appraisal assignment and not

"specialized services".

§ 160-y — Contingent fees

Contingent fees. 1. A state certified or licensed real estate

appraiser may not accept a fee for an appraisal assignment as defined in

section one hundred sixty-x of this article, that is contingent upon the

appraiser reporting a predetermined estimate, analysis, or opinion or is

contingent upon the opinion, conclusion or valuation reached, or upon

the consequences resulting from the appraisal assignment.

2. A state certified or licensed real estate appraiser who enters into

an agreement to perform specialized services, as defined in section one

hundred sixty-x of this article, may be paid a fixed fee or a fee that

is contingent on the results achieved by the specialized services.

3. If a state certified or licensed real estate appraiser enters into

an agreement to perform specialized services for a contingent fee, this

fact shall be clearly stated in each written report. In each written

report, this fact shall be clearly stated in a prominent location in

such report and also in each letter of transmittal and in the

certification or authentication of the statements made by the appraiser

in such a report.

§ 160-z — Retention of records

Retention of records. 1. A state certified or licensed real

estate appraiser shall retain for three years, originals or true copies

of all written contracts engaging his or her services for real property

appraisal work, and all reports and supporting data assembled and

formulated by the appraiser in preparing the reports.

2. Such period for retention of records is applicable to each

engagement of the services of the appraiser and shall commence upon the

date of the submittal of the appraisal to the client unless, within such

three year period, such appraiser is notified that the appraisal or

report is involved in litigation, in which event the three year period

for the retention of records shall commence upon the date of the final

disposition of such litigation.

3. All records required to be maintained under the provisions of this

article shall be made available by the state certified or licensed real

estate appraiser for inspection and copying by the board on reasonable

notice to such appraiser. All such records copied by the board shall be

kept confidential, except where disclosure of same is required by law or

mandate of a court.

§ 160-aa — Transitional licensing

Transitional licensing. Consistent with the intent and

purpose of this article, and without the disapproval of the appraisal

subcommittee of the federal financial institutions examination council,

the board may prescribe requirements for transitional licenses which

shall expire no later than January first, nineteen hundred ninety-three.

§ 160-bb — Severability

Severability. If any clause, sentence, paragraph, section or

part of this article 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, section, or part thereof directly

involved in the controversy in which such judgment shall have been

rendered.

ARTICLE 6-F New York Black Car Operators' Injury Compensation Fund, Inc

§ 160-cc — Definitions

Definitions. As used in this article:

1. "Black car operator" means the registered owner of a for-hire

vehicle, or a driver designated by such registered owner to operate the

registered owner's for-hire vehicle as the registered owner's authorized

designee, whose injury arose out of and in the course of providing

covered services to a central dispatch facility that is a registered

member of the New York black car operators' injury compensation fund,

inc.

(a) For the purposes of the administration of this article, a black

car operator shall include a TNC driver that is engaged in a TNC

prearranged trip. For the purposes of this article, the terms "TNC

driver", "TNC prearranged trip" and "digital network" shall have the

same meanings as such terms are defined in article forty-four-B of the

vehicle and traffic law.

(b) For the purposes of the administration of this article, a black

car operator shall include a TNC driver that is logged onto a TNC

digital network and is not engaged in a TNC prearranged trip but is

engaged in an activity reasonably related to driving as a TNC driver

taking into consideration the time, place and manner of such activity.

2. "Board" means the workers' compensation board.

3. "Central dispatch facility" means a central facility, wherever

located, including a transportation network company, that (a) dispatches

the registered owners of for-hire vehicles, or drivers acting as the

designated agent of such registered owners, to both pick-up and

discharge passengers in the state, and (b) has certified to the

satisfaction of the department of state that more than ninety percent of

its for-hire business is on a payment basis other than direct cash

payment by a passenger; provided, however, that a central dispatch

facility shall not include any such central facility that owns fifty

percent or more of the cars it dispatches. For the purposes of

administration of this article, central dispatch facility shall include

TNC prearranged trip as defined in article forty-four-B of the vehicle

and traffic law.

4. "Covered services" means, with respect to dispatches from or by a

central dispatch facility located in the state, all dispatches from such

central dispatch facility regardless of where the pick-up or discharge

occurs, and, with respect to dispatches from or by a central dispatch

facility located outside the state, all dispatches involving a pick-up

in the state, regardless of where the discharge occurs.

5. "Department" means the department of state.

6. "Fund" means the New York black car operators' injury compensation

fund, inc.

7. "Fund liability date" means the earlier of: (a) the date as of

which the board first approves the fund's application to self-insure

pursuant to subdivision two of section one hundred sixty-ii of this

article, or (b) the date on which coverage commences under the initial

insurance policy purchased by the fund pursuant to subdivision three of

section one hundred sixty-ii of this article.

8. "Local licensing authority" means the governmental agency in the

state, if any, that is authorized to license a central dispatch

facility.

9. "Secretary" means the secretary of state.

10. "Transportation network company" or "TNC" shall have the same

meaning as the term is defined in article forty-four-B of the vehicle

and traffic law.

§ 160-dd — New York black car operators' injury compensation fund, inc

New York black car operators' injury compensation fund, inc.

There is hereby created a not-for-profit corporation to be known as the

New York black car operators' injury compensation fund, inc. To the

extent that the provisions of the not-for-profit corporation law do not

conflict with the provisions of this article, or with the plan of

operation established pursuant to this article, the not-for-profit

corporation law shall apply to the fund, which shall be a type C

corporation pursuant to such law. If an applicable provision of this

article or of the fund's plan of operation relates to a matter embraced

in a provision of the not-for-profit corporation law but is not in

conflict therewith, both provisions shall apply. The fund shall perform

its functions in accordance with its plan of operation established and

approved pursuant to section one hundred sixty-gg of this article and

shall exercise its powers through a board of directors established

pursuant to this article.

§ 160-ee — Supervision of central dispatch facilities

Supervision of central dispatch facilities. A central

dispatch facility shall, with respect to the provisions of this article,

be subject to the supervision and oversight of the department and the

local licensing authority, if any, as provided in this article.

§ 160-ff — Management of the fund; board of directors

Management of the fund; board of directors. 1. There shall

be appointed a board of directors of the fund, consisting of eleven

directors, six of whom shall be selected by the black car assistance

corporation; four of whom shall be chosen by the governor, including one

chosen upon the recommendation of the temporary president of the senate

and one chosen upon the recommendation of the speaker of the assembly;

one chosen to represent a transportation network company as defined by

article forty-four-B of the vehicle and traffic law; and one of whom

shall be the secretary, who shall serve ex officio. The governor shall

appoint the director chosen to represent a transportation network

company no later than December thirty-first, two thousand seventeen. The

terms of all directors other than the secretary shall be three years.

The board shall have the power to remove for cause any director other

than the secretary.

2. The directors shall elect annually from among their number a chair

and a vice chair who shall act as chair in the chair's absence.

3. For their attendance at meetings, the directors of the fund shall

be entitled to compensation, as authorized by the directors, in an

amount not to exceed two hundred dollars per meeting per director and to

reimbursement of their actual and necessary expenses.

4. Directors of the fund, except as otherwise provided by law, may

engage in private or public employment or in a profession or business.

5. (a) All of the directors shall have equal voting rights and five or

more directors shall constitute a quorum. The affirmative vote of five

directors shall be necessary for the transaction of any business or the

exercise of any power or function of the fund.

(b) The fund may delegate to one or more of its directors, officers,

agents or employees such powers and duties as it may deem proper.

(c) A vacancy occurring in a director position for which the governor

was the original appointing authority shall be filled by the governor,

upon the recommendation of the legislative official, if any, that was

authorized to recommend the original appointee pursuant to subdivision

one of this section. A vacancy occurring in a director position for

which the black car assistance corporation was the original appointing

authority shall be filled by the black car assistance corporation. A

vacancy in any one or more of the director positions shall not prevent

the remaining directors from transacting any business, provided a quorum

is present and voting.

(d) At the expiration of a director's term, the authority that

appointed such director pursuant to subdivision one of this section or

paragraph (c) of this subdivision shall re-appoint such director for an

additional term or appoint a new director for such subsequent term,

provided however that no individual may serve as director for more than

three successive terms.

§ 160-gg — Plan of operation

Plan of operation. 1. Within seventy-five days of the

effective date of this article, the fund shall file with the department

its plan of operation, which shall be designed to assure the fair,

reasonable and equitable administration of the fund. The plan of

operation and any subsequent amendments thereto shall become effective

upon being filed with the department.

2. The plan of operation shall constitute the by-laws of the fund and

shall, in addition to the requirements enumerated elsewhere in this

article:

(a) establish procedures for collecting and managing the assets of the

fund;

(b) establish regular places and times for meetings of the fund's

board of directors;

(c) establish the procedure by which the fund shall determine whether

to provide the benefits due pursuant to this article by self-insuring or

by purchasing insurance;

(d) establish accounting and record-keeping procedures for all

financial transactions of the fund, its agents and the board of

directors;

(e) establish a procedure for determining and collecting the

appropriate amount of surcharges and assessments under this article;

(f) set forth the procedures by which the fund may exercise the audit

rights granted to it under this article;

(g) establish procedures to ensure prompt and accurate notification to

the fund by its members of all accidents and injuries to black car

operators, and provide for full reimbursement of the fund by any central

dispatch facility whose failure to provide such notification results in

the imposition of a penalty on the fund by the board; and

(h) contain such additional provisions as the board of the fund may

deem necessary or proper for the execution of the powers and duties of

the fund.

§ 160-hh — Membership in the fund; registration with the department

Membership in the fund; registration with the department. 1.

The membership of the fund shall be composed of all central dispatch

facilities. Each central dispatch facility shall be required, as a

condition of doing business within this state, to pay the department a

two hundred dollar annual fee for the purpose of registering as a member

of the fund and receiving a certificate of registration. Such sums shall

be used by the department for the administration of this article. The

initial registration fee shall be due no later than ninety days after

the effective date of this article. The department shall have the power

to assess an additional fee against each registrant in the amount

necessary to provide it with sufficient funds to cover its expenses in

performing its duties pursuant to this article. The department shall

provide the fund with an updated list of registrants on a monthly basis.

2. All central dispatch facilities shall be required, as a condition

of obtaining or retaining their license from the local licensing

authority, if any, to (a) be members of the fund; (b) be registered with

the department as members of the fund; and (c) submit to the local

licensing authority a copy of its certificate of registration as proof

of such membership and registration.

3. Within sixty days of the effective date of this article, the board

of the fund shall, on the basis of information from trade papers, local

licensing authorities and other sources, identify the central dispatch

facilities subject to this article and, on a regular and ongoing basis,

confirm that all such entities have registered in accordance with

subdivision one of this section.

4. The fund shall, within seventy-five days of the effective date of

this article, provide to its members a copy of the proposed plan of

operation filed with the department and shall inform its members of

their rights and duties pursuant to this article.

§ 160-ii — Securing of compensation

Securing of compensation. 1. Within two hundred ten days of

the effective date of this article, the fund shall secure the payment of

workers' compensation to all black car operators entitled thereto

pursuant to this chapter by either: (a) self-insuring in accordance with

subdivision three of section fifty of the workers' compensation law and

the rules promulgated by the board pursuant to such section or (b)

purchasing workers' compensation insurance covering, on a blanket basis,

all black car operators who are the fund's employees pursuant to section

two of the workers' compensation law.

2. If the fund initially seeks to apply to the board for authorization

to self-insure pursuant to subdivision three of section fifty of the

workers' compensation law, it shall submit its application and

accompanying proof to the board within one hundred fifty days of the

effective date of this article. The board shall notify the fund and the

secretary in writing of any change in the fund's status as a

self-insurer or of any additional requirements that the board may deem

necessary for continuation of such status.

3. If the fund chooses to secure the payment of workers' compensation

pursuant to the workers' compensation law by purchasing an insurance

policy from the state insurance fund or a, licensed insurer, it shall

file with the department no later than thirty days after the

commencement of a new policy year a copy of the policy it has purchased.

In such case, the department shall be treated by the insurer as a

certificate holder for purposes of receiving notice of cancellation of

the policy.

4. No provision of this article shall be construed to alter or affect

the liability under the workers' compensation law of any central

dispatch facility with respect to black car operators prior to the fund

liability date.

* 5. The fund shall have the authority to provide additional health

benefits, consistent with its plan of operation, for all black car

operators entitled thereto pursuant to this chapter, provided that the

fund shall have complied with all applicable statutory and regulatory

requirements. The surcharge amount not related to payments of workers'

compensation claims and the administration of those claims shall be up

to one-half of one percent (0.5%).

* NB Repealed December 20, 2028

§ 160-jj — Assessment of fund members; customer surcharges; audit powers of the fund, the board and the fund's insurer

Assessment of fund members; customer surcharges; audit

powers of the fund, the board and the fund's insurer. 1. To pay (a) the

costs of the insurance purchased pursuant to subdivision three of

section one hundred sixty-ii of this article or (b) the benefits due

under the workers' compensation law in the event the fund self-insures

pursuant to subdivision two of section one hundred sixty-ii of this

article, and to pay (c) its expenses in carrying out its powers and

duties under this article and (d) its liabilities, if any, pursuant to

section fourteen-a of the workers' compensation law, the fund shall

ascertain by reasonable estimate the total funding necessary to carry on

its operations.

2. Based upon its estimation of operating costs, the fund shall

establish a proposed uniform percentage surcharge to be added to (a) the

invoices or billings for covered services sent to the customers of the

fund's members by a member or its agent and (b) the credit payments for

covered services received by a member or its agent. The proposed

surcharge shall become effective thirty days after being filed with the

department. Notwithstanding the foregoing, beginning on the first day of

the first calendar month that shall commence at least seventy-five days

after the effective date of this article, and until the fund shall have

filed with the department a different surcharge amount, a three percent

surcharge shall be added to every invoice or billing for covered

services sent by a member or its agent to, and every credit payment for

covered services received by a member or its agent from, the customers

of the fund's members. Each member of the fund shall be liable for

payment to the fund of an amount equal to the product of (i) the

percentages surcharge due pursuant to this article, divided by one

hundred and (ii) all payments received by the member or its agent for

covered services from the member's customers, as provided in this

subdivision, regardless of whether the surcharge was billed or charged.

3. No local licensing authority or the department or the New York

state department of motor vehicles shall issue, continue or renew any

license or registration certificate, or permit for the operation of any

central dispatch facility unless such central dispatch facility, as a

condition of maintaining its license and/or registration certificate,

adds the surcharge required by this section to every invoice and billing

for covered services sent to, and every credit payment for covered

services received from, its customers and pays to the fund no later than

the fifteenth day of each month the total surcharges due pursuant to

this article.

4. Each central dispatch facility shall submit to the fund with its

monthly payment a detailed accounting of the charge and surcharge

amounts charged to and received from customers for covered services

during the previous month. The first such payment and accounting shall

be due on the fifteenth day of the month following the imposition of the

surcharge pursuant to subdivision two of this section.

5. Should the fund determine that the surcharge amounts that have been

paid to it are inadequate to meet its obligations under this article, it

shall determine the surcharge rate required to eliminate such deficiency

and shall file such revised surcharge rate with the department in

accordance with subdivision two of this section. Commencing thirty days

after such filing, the members of the fund shall charge the revised

surcharge rate and shall pay to the fund the total amount of surcharges

in accordance with this article.

6. The fund shall have the power directly or through its agent to

conduct financial audits of its members to verify their compliance with

the requirements of this article. The fund or its agent shall be

afforded convenient access at all reasonable hours to all books, records

and other documents of its members that may be relevant to such audits.

7. For the purposes of conducting payroll audits, an insurer providing

coverage to the fund pursuant to this article may treat the members of

the fund as policyholders. Members of the fund shall be required to do

all things required of employers pursuant to section one hundred

thirty-one of the workers' compensation law, and shall be required to

provide the board access to any and all records and information as

otherwise required by the workers' compensation law and the regulations

promulgated thereunder, and shall be liable as provided in the workers'

compensation law for any failure so to do.

§ 160-kk — Financial oversight of the fund

Financial oversight of the fund. No later than May first of

each year, the fund shall submit to the governor and legislature

certified financial statements prepared in accordance with generally

accepted accounting principles by a certified public accountant. The

members of the fund shall be required on and after January first of each

year to afford the certified public accountant convenient access at all

reasonable hours to all books, records and other documents, including

but not limited to invoices and vouchers, necessary or useful in the

preparation of such statements and in the verification of the monthly

statements submitted to the fund.

§ 160-ll — Exemption from taxes

Exemption from taxes. The fund shall be exempt from payment

of all fees and taxes levied by this state or any of its subdivisions,

except taxes levied on real property.

§ 160-mm — Liability insurance

Liability insurance. The fund shall purchase such insurance

as is necessary to protect the fund and any director, officer, agent or

other representative from liability for their administration of the

fund, and shall, to the extent permitted by law, indemnify such

directors, officers, agents or other representatives and hold them

harmless from liability for their administration of the fund.

§ 160-nn — Regulations

Regulations. The department shall adopt regulations

implementing the provisions of this article, including the conduct and

notice of hearings held pursuant to section one hundred sixty-oo of this

article.

§ 160-oo — Violations; penalties; appeals

Violations; penalties; appeals. 1. (a) If the secretary

believes a violation of this article by a fund member may have occurred,

the secretary shall notify the local licensing authority of such fact

and, upon notice to the fund member, a hearing shall be held by such

local licensing authority to determine whether such violation occurred.

In the absence of a local licensing authority, or if the local licensing

authority chooses not to hold such hearing, the hearing shall be held by

the secretary.

(b) If the fund believes that a central dispatch facility has failed

to pay the fund the assessments due pursuant to this article, or has

failed to pay the reimbursement due pursuant to paragraph (g) of

subdivision two of section one hundred sixty-gg of this article, it

shall make a referral to the a local licensing authority, or, in the

absence of a local licensing authority, to the department. Upon receipt

of such a referral, the local licensing authority or the department

shall be required to hold a hearing pursuant to paragraph (a) of this

subdivision.

2. Except as otherwise provided in this section, a fund member that is

found, after a hearing held pursuant to subdivision one of this section,

to have violated a provision of this article, or a rule promulgated by

the department pursuant to this article, shall be liable for a fine in

an amount not to exceed ten thousand dollars per violation.

Notwithstanding the foregoing, a fund member that fails to bill or that

collects and fails to submit to the fund the required surcharges shall

be subject, in addition to payment to the fund of the amount overdue

plus interest on such amount as herein provided, to a penalty, at the

discretion of the local licensing authority, if any, or, in the absence

of such authority, of the department, of (a) up to five thousand dollars

for each twenty days the payment is overdue, or (b) revocation of its

membership in the fund and of its certificate of registration, or (c)

both a monetary penalty and revocation of its membership in the fund and

of its certificate of registration. The rate of interest applicable

pursuant to this section shall be twelve percent per annum. Any monetary

penalty imposed pursuant to this subdivision shall be retained by the

department or the local licensing authority and be used to defray the

costs of administering this article. The responsible persons, of a

central dispatch facility that are found, after a hearing held pursuant

to subdivision one of this section, to be in default to the fund for

assessments owed pursuant to this article, shall be personally liable

for the amount of such assessments determined to be then due and

outstanding, including interest on such assessments awarded pursuant to

this subdivision, and for all monetary penalties imposed pursuant to

this subdivision.

"Responsible persons," for purposes of this subdivision, include: (i)

the directors of a central dispatch facility that is a corporation; (ii)

the managers of a central dispatch facility that is a limited liability

company or its members if management of the central dispatch facility is

vested in its members; (iii) the general partner or partners of a

central dispatch facility that is a partnership; (iv) all individuals

who directly or indirectly own, control or hold the power to vote ten

percent or more of the voting interests of any corporation, joint stock

company, partnership, association, trust, limited liability company or

similar entity that manages a central dispatch facility; and (v) the

president, secretary and treasurer of a central dispatch facility,

regardless of its form of organization.

Failure of the central dispatch facility, or of its responsible

persons to pay any assessments or penalties awarded pursuant to this

subdivision within twenty days of issuance of a valid order so to do, or

in the event an appeal has been taken from the determination of the

department or the local licensing authority, to deposit with the

secretary or the local licensing authority within twenty days of the

issuance of the determination from which the appeal is taken the total

amount of the award as security for its payment, shall entitle the

secretary or the local licensing authority to file with the clerk of

Albany county a certified copy of the determination of the department or

local licensing authority, and thereupon judgment shall be entered in

the supreme court by the clerk of Albany county in conformity therewith

immediately upon such filing. Such judgment shall be entered in the same

manner, have the same effect and be subject to the same proceedings as

though rendered in a suit duly heard and determined by the supreme

court, except that no appeal may be taken therefrom.

3. Within twenty days after issuance by the department or local

licensing authority of a determination adverse to a central dispatch

facility following a hearing held pursuant to subdivision one of this

section, an appeal may be taken therefrom to the appellate division of

the supreme court, third department, by the aggrieved central dispatch

facility. The attorney general shall represent the department or the

local licensing authority thereon.

ARTICLE 6-G Independent Livery Driver Benefit Fund

§ 160-aaa — Definitions

Definitions. For the purposes of this article:

1. "Independent livery driver" means a livery driver that is

dispatched by an independent livery base.

2. "Annualized basis" means the product of the number of livery

drivers affiliated with a dispatching livery base and the number of

months each such driver is affiliated with the livery base, divided by

twelve.

3. "Covered services" means all dispatches from a livery base

regardless of where the pick-up or discharge occurs.

4. "Fund" means the independent livery driver benefit fund as

established in this article.

5. "Independent livery base" has the same meaning as set forth in

section eighteen-c of the workers' compensation law.

6. "Livery" means a for-hire vehicle licensed by a local taxi and

limousine commission, carrying no more than five passengers or such

other limited number as set by a local taxi and limousine commission,

which charges for service on the basis of flat rate, time, mileage or

zones, and which is dispatched by a livery dispatch facility, but shall

not include a vehicle owned or driven by a black car operator, as

defined in article six-F of this chapter.

7. "Livery driver" means an individual that drives a livery, is

dispatched by a livery base, receives compensation for such driving, and

is licensed to do so by a local taxi and limousine commission.

8. "Livery base" means a central facility that manages, organizes or

dispatches liveries, and is licensed to do so by a local taxi and

limousine commission.

9. "Livery registrant" means a person in whose name a livery is

licensed by a local taxi and limousine commission.

10. "Local taxi and limousine commission" means a unit of local

government in New York city, Nassau county or Westchester county

authorized to license and regulate liveries.

§ 160-bbb — Independent livery driver benefit fund

Independent livery driver benefit fund. 1. There is hereby

created a not-for-profit corporation to be known as the New York

independent livery driver benefit fund. To the extent that the

provisions of the not-for-profit corporation law do not conflict with

the provisions of this article, or with the plan of operation

established pursuant to this article, the not-for-profit corporation law

shall apply to the fund, which shall be a type C corporation pursuant to

such law. If an applicable provision of this article or of the fund's

plan of operation relates to a matter embraced in a provision of the

not-for-profit corporation law but is not in conflict therewith, both

provisions shall apply. The fund shall perform its functions in

accordance with its plan of operation, and shall exercise its powers

through a board of directors established pursuant to this article.

2. Within thirty days of the effective date of this article, there

shall be appointed a board of directors of the fund, consisting of nine

directors appointed by the governor, one of whom shall be chosen upon

nomination of the temporary president of the senate; one of whom shall

be chosen upon nomination of the speaker of the assembly; one of whom

shall be chosen upon nomination of the chair of the workers'

compensation board; one of whom shall be chosen on nomination of the

superintendent of financial services; one of whom shall be chosen on

nomination of the American Federation of Labor-Congress of Industrial

Organizations of New York; and four of whom shall be chosen without

prior nomination, at least two of which shall be a livery registrant or

owner, officer or director of a livery base or livery registrant. The

initial terms of directors shall be staggered, the four directors

appointed by the governor without prior nomination serving for initial

terms of three years from the effective date of this article, the two

directors appointed upon nomination of the speaker of the assembly and

temporary president of the senate serving for initial terms of two years

from the effective date of this article, and the three directors on

nomination of the superintendent of financial services, the chair of the

workers' compensation board and the American Federation of

Labor-Congress of Industrial Organizations of New York serving for

initial terms of one year from the effective date of this article. The

subsequent terms of all directors shall be three years. The board of

directors shall have the power to remove for cause any director. The

failure of any nominating authority to appoint a director within the

time set by this subdivision shall not bar the fund from operating, so

long as at least six directors have been appointed.

3. The directors shall elect annually from among their number a chair

and a vice chair who shall act as chair in the chair's absence.

4. For their attendance at meetings, the directors of the fund shall

be entitled to compensation, as authorized by the directors, in an

amount not to exceed two hundred dollars per meeting per director and to

reimbursement of their actual and necessary expenses.

5. Directors of the fund, except as otherwise provided by law, may

engage in private or public employment or in a profession or business.

6. (a) All of the directors shall have equal voting rights and five or

more directors shall constitute a quorum. The affirmative vote of four

directors shall be necessary for the transaction of any business or the

exercise of any power or function of the fund.

(b) A vacancy occurring in a director position shall be filled in the

same manner as the initial appointment to that position, provided

however that no individual may serve as director for more than three

successive terms.

(c) The board of directors may:

(i) delegate to one or more of its directors, officers, agents or

employees such powers and duties as it may deem proper;

(ii) establish the procedure by which the fund shall determine how to

provide the benefits due pursuant to this article;

(iii) establish accounting and record-keeping procedures for all

financial transactions of the fund, its agents and the board of

directors;

(iv) establish a procedure for determining and collecting the

appropriate amount of assessments under and as consistent with this

article;

(v) set forth the procedures by which the fund may exercise the audit

rights granted to it under this article;

(vi) establish procedures to ensure prompt and accurate notification

to the fund by independent livery bases of all deaths of independent

livery drivers, and all injuries to livery drivers that resulted from a

crime for which there is a police report, and provide for full

reimbursement of the fund by any member whose failure to provide such

notification results in the imposition of a penalty on the fund by the

workers' compensation board;

(vii) recommend changes in the law or regulations governing workers'

compensation benefits with livery drivers; and

(viii) engage in such additional actions as the board of directors may

deem necessary or proper for the execution of the powers and duties of

the fund.

§ 160-ccc — Contributions to the fund

Contributions to the fund. Each independent livery base

shall be assessed an annual payment to the fund, to be set by the board

of directors no later than January first of each calendar year or such

other date as the board of directors may set consistent with, and as

necessary to effectuate, this article. The total amount of the payment

shall be determined by the fund as sufficient to provide it with total

assets equal to one hundred fifty percent of the cost of an insurance

policy issued under section one hundred sixty-ddd of this article, and

to provide for any administrative expense of the fund. Each independent

livery base's own share of such payments shall be determined by a

formula set by the board of directors, to be based on the number of

liveries affiliated with each livery base at the time the payments are

calculated, or such other measure set by the chair of the workers'

compensation board. Each independent livery base shall make the payments

assessed against it annually within thirty days of assessment. If it is

determined by the board of directors that there may be an insufficient

amount of money in the fund to purchase the requisite coverage or to pay

administrative expenses in a given year, the board of directors may

require each independent livery base to make an additional payment to

the fund based on the amount of its affiliated drivers on an annualized

basis or such other criteria as shall be established by the chair of the

workers' compensation board, except that no such payments shall be

assessed, such that the fund will have funds greater than necessary to

provide compensation under the workers' compensation law, to the extent

set forth in section one hundred sixty-ddd of this article for eighteen

months.

§ 160-ddd — Use of the fund

Use of the fund. Moneys deposited into the fund shall be

used to provide benefits under the workers' compensation law, by

purchase of a policy from the state insurance fund, or from a carrier

licensed to write workers' compensation insurance to the extent

permitted by section three thousand four hundred fifty-one of the

insurance law, for livery drivers dispatched by independent livery

bases, to provide benefits under the workers' compensation law for

deaths of livery drivers arising out of and in the course of providing

covered services, and all injuries arising out of and in the course of

providing covered services either: (1) resulting from a crime against

such livery driver as evidenced by a police report or (2) for the

following conditions: (a) the amputation or loss of an arm, leg, hand,

foot, multiple fingers, index finger, multiple toes, ear, or nose, (b)

paraplegia or quadriplegia, or (c) total and permanent blindness or

deafness. The provisions of the workers' compensation law shall govern

any application for and the receipt of such benefits.

§ 160-eee — Regulations

Regulations. The chair of the workers' compensation board

may promulgate regulations necessary to effectuate the provisions of

this article.

§ 160-fff — Membership in the fund

Membership in the fund. 1. The membership of the fund shall

be comprised of all independent livery bases. If the workers'

compensation board or local taxi and limousine commission revokes a

livery base's authorization to act as an independent livery base, it

shall cease to be a member of the fund within thirty days. Such

revocation shall not entitle the livery base to the return of any moneys

deposited into the fund.

2. Each livery base shall be required, as a condition of obtaining or

retaining any license it receives to operate as a livery base from a

local taxi and limousine commission either: (a) to be a member of the

fund, to submit to the local taxi and limousine commission proof of such

membership and to maintain such records as the workers' compensation

board, state department of motor vehicles or local taxi and limousine

commission may direct in order to carry out the livery base's

responsibilities under this article, and as necessary to determine the

appropriate cost of compensation the fund must provide under the

workers' compensation law; or (b) to present proof to the local taxi and

limousine commission that it has secured compensation under the workers'

compensation law, to the extent required of employers, for all livery

drivers it dispatches.

3. Each local taxi and limousine commission shall supply the fund and

the workers' compensation board, at any such time as the fund or

workers' compensation board requests, a list of all liveries affiliated

with each livery base licensed by the commission.

4. The fund shall, within seventy-five days of the appointment of the

fund's board of directors, provide to its members a copy of the proposed

plan of operation filed with the workers' compensation board and all

local taxi and limousine commissions and shall inform its members of

their rights and duties pursuant to this article.

§ 160-ggg — Plan of operation

Plan of operation. 1. Within seventy-five days of the

appointment of the fund's board of directors, the fund shall file with

the workers' compensation board and local taxi and limousine commissions

its plan of operation, which shall be designed to assure the fair,

reasonable and equitable administration of the fund. The plan of

operation and any subsequent amendments thereto shall become effective

upon being filed with the workers' compensation board and all taxi and

limousine commissions.

2. The plan of operation shall constitute the by-laws of the fund and

shall, in addition to the requirements enumerated elsewhere in this

article:

(a) establish procedures for collecting and managing the assets of the

fund;

(b) establish regular places and times for meetings of the fund's

board of directors;

(c) establish accounting and record-keeping procedures for all

financial transactions of the fund, its agents and the board of

directors;

(d) establish a procedure for determining and collecting the

appropriate amount of assessments under this article; and

(e) contain such additional provisions as the board of directors of

the fund may deem necessary or proper for the execution of the powers

and duties of the fund.

§ 160-hhh — Violations; penalties; appeals

Violations; penalties; appeals. 1. Any person that

knowingly submits a materially false statement on the affirmation

provided for in section eighteen-c of the workers' compensation law

shall be guilty of a class A misdemeanor. Any person that commits a

second or subsequent offense under this subdivision shall be guilty of a

class E felony.

2. The workers' compensation board or local taxi and limousine

commission may, upon its own motion or the application of a local taxi

and limousine commission or the independent livery fund, and upon notice

to the independent livery base, conduct a hearing as to the validity of

any affirmation filed under section eighteen-c of the workers'

compensation law, or to determine whether there has been any other

violation of this article. Should the workers' compensation board or

local taxi and limousine commission determine that the certification

contains any materially false statements, the workers' compensation

board may:

(a) revoke the livery base's authorization as an independent livery

base for a period of up to five years;

(b) impose a civil penalty of up to ten thousand dollars; and/or

(c) refer the independent livery base to the local taxi and limousine

commission for such additional sanction as it may impose under its rules

and regulations.

3. Any independent livery base which has been found on two separate

occasions, under subdivision two of this section, to have made a

materially false statement in its certification shall be permanently

barred from acting as an independent livery base.

4. If an independent livery base fails to submit to the independent

livery driver benefit fund any required charge, the workers'

compensation board or local taxi and limousine commission may order that

it pay into the fund, upon application of the fund and following notice

to the independent livery base (a) the amount overdue plus interest on

such amount, and/or (b) a penalty of up to five hundred dollars for each

thirty days after notice is given that the payment is overdue. The

workers' compensation board or local taxi and limousine commission may

suspend or revoke such livery base's authorization to act as an

independent livery base for failure to make such payment. The rate of

interest applicable to this subdivision shall be twelve percent per

annum. Any monetary penalty imposed pursuant to this subdivision shall

be retained by the workers' compensation board and be used to defray the

costs of administering this article.

5. If the workers' compensation board or local taxi and limousine

commission determines that any independent livery base has made any

material misrepresentations, or temporarily altered the affiliation of

any livery, livery driver or livery registrant, for the purpose of

reducing its payments into the fund, the workers' compensation board or

local taxi and limousine commission may suspend the livery base's

membership in the fund for a period of up to two years, and may impose a

penalty of up to five thousand dollars.

6. If the workers' compensation board or local taxi and limousine

commission determines that any independent livery base has coerced any

livery driver into making false statements or refraining from reporting

any violations of this article, the workers' compensation board or local

taxi and limousine commission may suspend the livery base's membership

in the fund for a period of up to two years, and may impose a penalty of

up to five thousand dollars.

7. Except as otherwise provided in this section, a livery base that is

found to have violated a provision of this article or a rule promulgated

by the workers' compensation board or local taxi and limousine

commission pursuant to this article shall be liable for a fine in an

amount not to exceed five thousand dollars per violation.

8. If the fund has reason to believe a violation of this article by a

fund member may have occurred, the fund shall notify the workers'

compensation board. Upon receipt of such a referral, the workers'

compensation board shall hold a hearing to determine the validity of the

charge, or refer the matter to the local taxi and limousine commission

for such determination.

9. The responsible persons of an independent livery base shall be

personally liable for the amount of any monetary penalties awarded

pursuant to this subdivision. "Responsible persons," for purposes of

this subdivision, shall be: (a) the directors of a livery base that is a

corporation; (b) the managers of a livery base that is a limited

liability company or its members if management of a livery base is

vested in its members; (c) the general partner or partners of a livery

base that is a partnership; (d) all individuals who directly or

indirectly own, control or hold the power to vote ten percent or more of

the voting interests of any corporation, joint stock company,

partnership, association, trust, limited liability company or similar

entity that manages a livery base; and (e) the president, secretary and

treasurer of a livery base, regardless of its form of organization.

10. Failure of the independent livery base, or of its responsible

persons, to pay any charges or penalties awarded pursuant to this

section within twenty days of issuance of a valid order so to do, or in

the event an appeal has been taken from the determination of the

workers' compensation board, to deposit with the workers' compensation

board within twenty days of the issuance of the determination from which

the appeal is taken the total amount of the award as security for its

payment, shall entitle the workers' compensation board or local taxi and

limousine commission to file with the clerk of Albany county or the

county where the local taxi and limousine commission is located a

certified copy of the determination of the workers' compensation board

or the local taxi and limousine commission, and thereupon judgment shall

be entered in the supreme court by the clerk of the county where the

determination is filed immediately upon such filing. Such judgment shall

be entered in the same manner, have the same effect and be subject to

the same proceedings as though rendered in a suit duly heard and

determined by the supreme court, except that no appeal may be taken

therefrom.

11. Within twenty days after issuance by the workers' compensation

board of a determination adverse to a livery base pursuant to this

section, an appeal may be taken therefrom to the appellate division of

the supreme court, third department, by the aggrieved party.

12. If the membership of an independent livery base in the independent

livery fund is suspended for failure to pay assessments under this

article, the livery base may make application for reinstatement only

upon payment of such assessments and such penalties and interest as the

local taxi and limousine commission or workers' compensation board has

imposed, or upon the agreement by the base and fund to a schedule for

such payment.

13. Any sanction imposed under this section shall be after notice to

the independent livery base and an opportunity for a hearing.

§ 160-iii — Insurance premiums

Insurance premiums. Nothing in this article or in the

provisions of the workers' compensation law pertaining to coverage of

livery drivers under this article shall be construed as limiting the

discretion of the state insurance fund, in providing coverage to the New

York independent livery driver benefit fund, inc., in choosing a premium

basis, rating plan or setting a rate to cover the risk posed by insuring

such fund.

ARTICLE 6-H Real Estate Appraisal Management Companies

§ 160-aaaa — Definitions

Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Appraisal" or "real estate appraisal" means an analysis, opinion

or conclusion relating to the nature, quality, value or utility of

specified interests in, or aspects of, identified real estate. An

appraisal may be classified by subject matter into either a valuation or

an analysis.

2. "Appraisal management company" or "AMC" means an individual or

business entity that:

(a) provides appraisal management services to creditors or to

secondary mortgage market participants, including affiliates;

(b) provides such services in connection with valuing a consumer's

real property as security for consumer credit transactions secured by a

consumer's principal dwelling; and

(c) within a given year, oversees an appraisal panel of more than

fifteen appraisers working in New York state or twenty-five or more

appraisers working in two or more states. An AMC shall not include a

department or division of an entity that provides appraisal management

services only to that entity.

3. "Appraisal management services" means to, directly or indirectly,

provide any of the following services on behalf of a lender, financial

institution, client, or any other person in connection with valuing a

consumer's principal dwelling as security for a consumer credit

transaction or incorporating such transactions into securitizations:

(a) administer an appraiser panel;

(b) recruit, retain or select appraisers;

(c) qualify or verify licensing or certification and negotiate fees

and service level expectations with persons who are part of an appraiser

panel;

(d) contract with appraisers to perform appraisal assignments;

(e) receive an order for an appraisal from one person, and deliver the

order for the appraisal to an appraiser that is part of an appraiser

panel for completion;

(f) manage the process of having an appraisal performed, including

providing administrative duties, such as receiving appraisal orders and

reports, submitting completed appraisal reports to creditors and

underwriters for services provided, and reimbursing appraisers for

services performed;

(g) track and determine the status of orders for appraisals;

(h) conduct quality control of a completed appraisal prior to the

delivery of the appraisal to the person that ordered the appraisal;

(i) provide a completed appraisal performed by an appraiser to one or

more clients; or

(j) compensate appraisers for services rendered.

An individual who hires an appraiser solely for his or her own

purposes, shall not be deemed an appraisal management company.

4. "Appraiser" means a person licensed or certified pursuant to

article six-E of this chapter.

5. "Appraiser panel" means a network, list or roster of licensed or

certified appraisers approved by the appraisal management company to

perform appraisals as independent contractors of the appraisal

management company.

6. "Appraisal review" means the act or process of developing and

communicating an opinion about the quality of another appraiser's work

that was performed as part of an appraisal assignment. Appraisal reviews

must be performed by a person who is certified as a real estate

appraiser pursuant to article six-E of this chapter.

7. "Board" means the state board of real estate appraisal which shall

advise the department, as necessary, on implementation of, and

enforcement of this article.

8. "Competent appraiser" means an appraiser that satisfies each

provision of the competency rule of the uniform standards of

professional appraisal practice for a specific appraisal assignment or

valuation service that the appraiser has received, or may receive, from

an appraisal management company.

9. "Controlling person" means:

(a) an owner, officer or director of an appraisal management company,

or an individual who holds an ownership interest of ten percent or more

of such company;

(b) an individual employed, appointed or authorized by an appraisal

management company that has the authority to enter into a contractual

relationship with other persons for the performance of appraisal

management services and has the authority to enter into agreements with

appraisers for the performance of appraisals; or

(c) an individual who possesses, directly or indirectly, the power to

direct or cause the direction of the management or policies of an

appraisal management company.

10. "Department" means the New York state department of state.

11. "Hybrid firm or entity" means an entity that hires both real

estate appraisers as employees to perform appraisals of real property,

and engage independent contractors to perform such appraisals. A hybrid

firm or entity shall be treated as an AMC for purposes of state

registration if it oversees more than fifteen real estate appraisers

completing valuation services in an individual state or twenty-five or

more real estate appraisers in two or more states within a given year.

The numerical calculation for a hybrid firm or entity should only

include real estate appraisers engaged as independent contractors.

12. "Person" means an individual, partnership, corporation, or any

other entity recognized under New York state law.

13. "Real estate" means an identified parcel or tract of land,

including improvements, if any.

14. "Real property" means the interest, benefits, and rights inherent

in the ownership of real estate.

15. "Uniform standards of professional appraisal practice" or "USPAP"

means the appraisal standards promulgated by the appraisal standards

board of the appraisal foundation.

16. "Secondary mortgage market participant" means a guarantor or

insurer of mortgage-backed securities, or an underwriter or issuer of

mortgage-backed securities. Secondary mortgage market participant only

includes an individual investor in a mortgage-backed security if that

investor also serves in the capacity of a guarantor, insurer,

underwriter, or issuer for such mortgage-backed security.

§ 160-bbbb — Registration required

Registration required. It shall be unlawful for a person

to, directly or indirectly, engage or attempt to engage in business as

an appraisal management company, or to advertise or hold oneself out as

engaging in or conducting business as an appraisal management company

without first obtaining a certificate of registration issued by the

department under the provisions of this article.

§ 160-cccc — Exemptions

Exemptions. The provisions of this article shall not apply

to any person that exclusively employs appraisers for the performance of

appraisals or to any appraisal management company that is a wholly-owned

subsidiary of a financial institution, which is regulated by the federal

financial institution regulatory agency. The registration provisions of

this article shall not apply to the state, any state agency or

authority, or any political subdivision of the state that employs

appraisers.

§ 160-dddd — Forms

Forms. An applicant for a certificate of registration as

an appraisal management company shall submit an application on such

forms as prescribed by the department.

§ 160-eeee — Denial of registration

Denial of registration. The department may investigate the

good character of applicants for a certificate of registration under

this article and may deny the issuance of such certificate of

registration based upon lack of good moral character which may include,

but is not limited to, any of the grounds enumerated in this article.

For the purposes of this article, a non-substantive ground for denial,

revocation, or surrender of an appraiser's license should not be

construed as an automatic prohibition.

§ 160-ffff — Expiration of license

Expiration of license. A certificate of registration

granted by the department pursuant to this article shall be valid for a

period of two years from the date upon which it is issued.

§ 160-gggg — Fees

Fees. 1. The department shall collect a fee of two hundred

fifty dollars for a certificate of registration issued or reissued under

the provisions of this article. Additionally, the department shall

assess twenty-five dollars for each appraiser added to an appraisal

management company's appraiser panel.

2. The department shall collect from each appraisal management company

seeking to be registered, the amount determined by the appraisal

subcommittee to be a national registry fee for each appraiser, that

performs appraisal services within New York on the appraiser panel of an

appraisal management company pursuant to Section 1109(a)(4) of the

federal Financial Institutions Reform, Recovery, and Enforcement Act of

1989 as amended by the Dodd-Frank Wall Street Reform and Consumer

Protection Act of 2010. The department may transmit the annual registry

fee to the appraisal subcommittee. The department shall provide its

roster of appraisal management companies to the appraisal subcommittee.

These transmittals shall occur at least annually.

3. Except for changes made on a renewal application, appraisal

management companies shall provide the department with notice of a

change in the appraisal management's principal address. Change of

address notifications shall be accompanied by a fee of ten dollars.

4. Except for changes made on a renewal application, the department

shall collect a fee of ten dollars for changing a name on a certificate

of registration.

5. In lieu of the fee set forth in subdivision one of this section,

the department shall collect a fee of three hundred fifty dollars to

reissue a certificate of registration under this article which was

submitted after the expiration of the immediately preceding registration

term.

§ 160-hhhh — Owner requirements

Owner requirements. An appraisal management company

applying for a certificate of registration shall not be owned in whole

or in part, directly or indirectly, by a person who has had a license,

registration or certificate to act as a real estate appraiser denied,

revoked, or surrendered in lieu of pending discipline in any state or by

a person holding ten percent or more of the company where that person

has had a license, registration or certificate to act as a real estate

appraiser denied, revoked, or surrendered in lieu of possible discipline

in any state.

§ 160-iiii — Controlling persons

Controlling persons. 1. Each appraisal management company

applying for a certificate of registration shall designate one

controlling person who shall be the main contact for all communication

between the department and the appraisal management company. Such

designated controlling person shall never have had a license or

certificate to act as an appraiser denied, revoked, or surrendered in

lieu of possible discipline in any state and shall be of good moral

character, as determined by the department. Applicants shall cooperate

with any such background investigation conducted by the department.

2. Each person that owns more than ten percent of an appraisal

management company shall be of good moral character, as determined by

the department. Applicants shall cooperate with any such background

investigation conducted by the department.

3. Each appraisal management company applying for a certificate of

registration shall certify to the department that it has reviewed each

entity that owns more than ten percent of the appraisal management

company and that no entity that owns more than ten percent of the

appraisal management company is more than ten percent owned by any

person that has had a license or certificate to act as an appraiser

denied, revoked, or surrendered in lieu of a pending revocation.

§ 160-jjjj — Employee requirements

Employee requirements. 1. An appraisal management company

that applies for a certificate of registration shall not knowingly

employ, utilize, or engage, for any real estate appraisal, valuation

service or appraisal review assignment, a person who has had a license

or certificate to act as an appraiser in this state or in any other

state denied, revoked, or surrendered in lieu of possible discipline,

unless such license has been reinstated.

2. Prior to placing an assignment for an appraisal or valuation

service with an appraiser on the appraiser panel of an appraisal

management company, the appraisal management company shall verify that

the appraiser receiving the assignment is a competent appraiser as

defined by the USPAP Competency Rule with regards to geographic area and

the type of property being appraised. An appraiser is deemed part of an

appraisal management company panel as of the earliest date on which: (a)

the appraisal management company accepts the appraiser for consideration

for future appraisal assignments in covered transactions or for

secondary mortgage market participants in connection with covered

transactions; or (b) engages the appraiser to perform one or more

appraisals on behalf of a creditor for a covered transaction or

secondary mortgage market participant in connection with covered

transactions.

3. An appraisal management company may not hire, employ or engage, or

in any way contract with or pay a person who is not licensed or

certified as a real estate appraiser by the department pursuant to

article six-E of this chapter for the purposes of performing an

appraisal as defined in this article. Nothing in this section shall

prohibit an appraisal management company from hiring, employing,

engaging or contracting with or paying a person to perform a property

inspection, or property evaluation if they are licensed as an appraiser,

a real estate broker including associate real estate brokers and real

estate salespersons pursuant to article twelve-A of the real property

law or a home inspector pursuant to article twelve-B of the real

property law, or a person to perform a broker price opinion if they are

licensed as a real estate broker including associate real estate brokers

and real estate salespersons pursuant to article twelve-A of the real

property law.

4. An appraiser shall be considered part of an appraisal management

company's appraiser panel until: (a) the appraisal management company

sends a written notice to such appraiser removing such appraiser with an

explanation; or (b) receives a written notice from such appraiser asking

to be removed or of the death or incapacity of such appraiser.

§ 160-kkkk — Restrictions

Restrictions. An appraisal management company that applies

for a certificate of registration shall not knowingly:

1. Employ any person in a position in which the person has the

responsibility to order appraisals or valuation services or to review

completed appraisals who has had a license, registration or certificate

to act as an appraiser in this state or in any other state, denied,

revoked, or surrendered in lieu of a pending revocation, unless such

license has been reinstated;

2. Enter into any independent contractor arrangement, whether in

verbal, written, or by other form, with any person who has had a

license, registration or certificate to act as an appraiser in this

state or in any other state, denied, revoked, or surrendered in lieu of

a pending revocation, unless such license has been reinstated; and

3. Enter into any contract, agreement, or other business relationship,

whether in verbal, written, or other form, with any entity that employs,

has entered into an independent contract arrangement, or has entered

into any contract, agreement, or other business relationship, whether in

verbal, written, or any other form, with any person who has ever had a

license, registration or certificate to act as an appraiser in this

state or in any other state, denied, revoked, or surrendered in lieu of

a pending revocation, unless such license has been reinstated.

§ 160-llll — Recordkeeping

Recordkeeping. Each appraisal management company shall

maintain a detailed record of each service request that it receives and

the real estate appraiser that performs such appraisal for the appraisal

management company. Records shall be maintained for a period of at least

five years after such appraisal is completed or two years after final

disposition of a judicial proceeding related to such assignment,

whichever period expires later. Appraisal management companies shall

make records available to the department upon request. Appraisal

management companies shall also allow the department to examine the

books and records of the appraisal management company and require it to

submit reports, information and documents upon request. Appraisal

management companies shall also allow the department to verify that the

appraisers on such panel hold a valid license or certification.

§ 160-mmmm — Appraiser independence; unlawful acts

Appraiser independence; unlawful acts. Each appraisal

management company shall ensure that real estate appraisals are

conducted independently and free from inappropriate influence and

coercion. Notwithstanding any other provision of this article, it shall

be unlawful for any employee, director, officer, or agent of an

appraisal management company registered in this state pursuant to this

article to:

1. Compensate, coerce, extort, collude, instruct, induce, bribe, or

intimidate, or attempt to compensate, coerce, extort, collude, instruct,

induce, bribe, or intimidate a person, firm or other entity conducting

or involved in an appraisal for the purpose of causing the appraised

value assigned under the appraisal or other valuation services to the

property to be based on any factor other than the independent judgment

of the appraiser;

2. Mischaracterize the appraised value of a property in conjunction

with a consumer credit transaction;

3. Seek to influence an appraiser or otherwise to encourage a targeted

value in order to facilitate the making or pricing of a consumer credit

transaction;

4. Act without just cause to withhold or threaten to withhold timely

payment for an appraisal report or for other valuation services rendered

with such appraisal report or services provided in accordance with the

contract between parties;

5. Act without just cause to withhold or threaten to withhold future

business, or to demote or terminate an appraiser without just cause;

6. Expressly or implicitly promise future business, promotions, or

increased compensation for an appraiser in exchange for the real estate

appraiser inflating or deflating his or her appraised value of real

property;

7. Require a real estate appraiser to indemnify an appraisal

management company or hold an appraisal management company harmless for

any liability, damage, losses, or claims arising out of the services

performed by such appraisal management company, and not the services

performed by the appraiser;

8. Condition the request for an appraisal or the payment of an earned

fee, salary or bonus, on the opinion, conclusion, or valuation to be

reached, or on a preliminary estimate or opinion requested from an

appraiser;

9. Request that an appraiser provide an estimated, predetermined, or

desired valuation in an appraisal report, or provide estimated values or

comparable sales at any time prior to the appraiser's completion of an

appraisal;

10. Provide to an appraiser an anticipated, estimated, encouraged, or

desired value for a subject property or a proposed or target amount to

be loaned to the borrower, except that a copy of the sales contract for

purchase transactions may be provided; or

11. Provide to an appraiser, or any entity or person related to the

appraiser, stock or any other financial or non-financial benefits in

exchange for appraising property in a manner other than that which is

within the independent opinion of the appraiser.

Nothing in this section shall be construed as prohibiting the

appraisal management company from asking an appraiser to consider

additional, appropriate property information, including: additional

comparable properties to make or support an appraisal; provide further

detail, substantiation, or explanation for the appraiser's value

conclusion; or correct errors in the appraisal report.

§ 160-nnnn — Mandatory reporting

Mandatory reporting. An appraisal management company that

has a reasonable basis to believe an appraiser within the appraisal

management company's appraisal panel is failing to comply with the

uniform standards of professional appraisal practice, is violating

applicable laws, or is otherwise engaging in unethical or unprofessional

conduct shall immediately refer such matter to the department.

§ 160-oooo — Unprofessional conduct

Unprofessional conduct. 1. Appraisal management companies

shall not engage in unprofessional conduct including, but not limited to

the following:

(a) Requiring an appraiser to modify any aspect of an appraisal report

or valuation service report, unless such modifications are appropriate

according to USPAP;

(b) Requiring an appraiser to prepare an appraisal report or valuation

service report if such appraiser, in their professional judgment,

believes they don't have the necessary expertise for the specific

geographic and or specific area type;

(c) Requiring an appraiser to prepare an appraisal report or valuation

service under a time frame that such appraiser believes, in their

professional judgment, does not afford such appraiser the ability to

meet all the relevant legal and professional obligations including USPAP

requirements. Notwithstanding the foregoing provisions of this

paragraph, all appraisal reports should be completed within a reasonable

timeframe and appraisers may not unnecessarily delay completing

appraisal assignments;

(d) Prohibiting or inhibiting communication between the appraiser and

the lender, a real estate licensee, or any other person from whom such

appraiser, in their professional judgment is relevant;

(e) Requiring the appraiser to do anything that does not comply with

USPAP, or any assignment conditions and certifications required by the

client;

(f) Making any portion of the appraiser's fee or the appraisal

management company's fee contingent upon a favorable outcome, including,

but not limited to, the closing of a loan, requiring a specific dollar

amount be achieved by such appraiser in the appraisal report, making

requests for the purpose of facilitating a mortgage loan transaction,

setting a broker price opinion, or setting any other real property price

or value estimation that does not qualify as an appraisal; or

(g) Each appraisal management company operating in this state shall

make payment to an appraiser for the completion of an appraisal or

valuation assignment within thirty days of the date on which such

appraiser transmits or otherwise provides the completed appraisal or

valuation services to the appraisal management company or its assignee;

2. It shall be unlawful for an appraisal management company to:

(a) Knowingly fail to compensate an appraiser at a rate that is

reasonable and customary for appraisal or other valuation services being

performed in the market area of the property being appraised without the

services of an appraisal management company in a manner that is either

inconsistent with, or would violate section 1639(e) of the federal Truth

in Lending Act (15 USC §1639(e));

(b) Knowingly include any fees for appraisal management services that

are performed by the appraisal management company for a lender, client,

or other person in the amount that it charges the lender, client, or

other person for the actual completion of an appraisal or valuation

service by an appraiser that is part of the appraiser panel of the

appraisal management company;

(c) Knowingly fail to separate any and all fees charged to a client by

the appraisal management company for the actual completion of an

appraisal by an appraiser from the fees charged to a lender, client, or

any other person by an appraisal management company for appraisal

management services;

(d) Knowingly prohibit an appraiser from recording the fee that such

appraiser was paid by the appraisal management company for the

performance of the appraisal within the appraisal report that is

submitted by such appraiser to the appraisal management company;

(e) Knowingly fail to separately state the fees paid to an appraiser

for appraisal services and the fees charged by the appraisal management

company for services associated with the management of the appraisal

process to the client, borrower and any other payer. Appraisal

management companies shall provide a copy of the appraiser's invoice

with a copy of any appraisal report submitted to a client or a client's

representative;

(f) Knowingly allow the removal from rotation of an appraiser from an

appraiser panel, without prior written notice to such appraiser with

just cause; or

(g) Knowingly obtain, use, or pay for a second or subsequent appraisal

or the ordering of an automated valuation model or any other valuation

service in connection with a mortgage financing transaction unless there

is a reasonable basis to believe that the initial appraisal was flawed

or tainted and such basis is clearly and appropriately noted in the loan

file, or unless such appraisal or automated valuation model is done

pursuant to a bona fide pre- or post-funding appraisal review or quality

control process. Nothing in this paragraph shall prohibit an AMC from

obtaining additional appraisals if required by a lending program, or if

such additional appraisals are required by applicable local, state, or

federal law.

§ 160-pppp — Alteration of appraisal reports

Alteration of appraisal reports. An appraisal management

company shall not alter, modify, or otherwise change a completed

appraisal or valuation service report submitted by an appraiser by

removing such appraiser's signature or seal or by adding information to,

or removing information from such report with intent to change the

valuation conclusion. An appraisal management company shall not require

an appraiser to provide such appraisal management company with such

appraiser's digital signature or seal.

§ 160-qqqq — Enforcement

Enforcement. The department may revoke or suspend the

license of an appraisal management company, or in lieu thereof may

impose a fine, per violation, not to exceed twenty-five thousand dollars

if the department finds that the licensee has made a material

misstatement in the application for such license, or if such licensee

has been found guilty of fraud or fraudulent practices, or for dishonest

or misleading advertising, or has demonstrated untrustworthiness or

incompetency to act as an appraisal management company, or has violated

any provision of this article or a regulation promulgated thereunder.

The department shall report any such violations by appraisal management

companies to the appraisal subcommittee.

§ 160-rrrr — Disciplinary hearings

Disciplinary hearings. The department shall, before

revoking or suspending any license or imposing any fine or reprimand on

the holder thereof, and at least twenty days prior to the date set for

the hearing, notify, in writing, the holder of such license of any

charges made and shall afford such licensee an opportunity to be heard

in person or by counsel in reference thereto. Such written notice may be

served by personal delivery to the licensee, or by certified mail to the

last known business address of such licensee or unlicensed person, or by

any method authorized by the civil practice law and rules. The hearing

on such charges shall be at such time and place as the department shall

prescribe.

§ 160-ssss — Power to suspend a license

Power to suspend a license. In cases where the health,

safety, or welfare of the public is endangered, the department shall

have the authority to immediately suspend a license pending a hearing

before an administrative law judge.

§ 160-tttt — Investigation

Investigation. The department shall have the power to

enforce the provisions of this article and upon complaint of any person,

or on its own initiative, to investigate any violation thereof or to

investigate the business, business practices and business methods of an

appraisal management company, if in the opinion of the department such

investigation is warranted. Each such applicant or licensee shall be

obliged, on request of the department, to supply such information as may

be required concerning his or its business, business practices or

business methods, or proposed business practices or methods.

For the purpose of enforcing the provisions of this article, and in

making investigations relating to any violation thereof, and for the

purpose of investigating the character, competency and integrity of the

applicants or licensees hereunder, and for the purpose of investigating

the business, business practices and business methods of any applicant

or licensee, or of the officers or agents thereof, the department,

acting by such officer or person in the department as the secretary of

state may designate, shall have the power to subpoena and bring before

the officer or person so designated any person in this state and require

the production of any books, records or papers which he deems relevant

to the inquiry and administer an oath to and take testimony of any

person or cause his or her deposition to be taken, except that any

applicant or licensee or officer or agent thereof shall not be entitled

to fees and/or mileage. A subpoena issued under this section shall be

regulated by the civil practice law and rules.

§ 160-uuuu — Rule-making authority

Rule-making authority. The department may adopt rules not

inconsistent with the provisions of this chapter which may be reasonably

necessary to implement, administer, and enforce the provisions of this

chapter.

§ 160-vvvv — Violations

Violations. 1. Any person or company who fails to obtain a

certificate of registration required pursuant to this article shall be

guilty of a misdemeanor.

2. Criminal actions for failure to obtain a certificate of

registration may also be prosecuted by the attorney general, or his or

her deputy, in the name of the people of the state, and in any such

prosecution the attorney general, or his or her deputy, may exercise all

the powers and perform all the duties the district attorney is otherwise

authorized to exercise or to perform therein.

§ 160-wwww — Severability

Severability. Should the courts of this state declare any

provision of this article unconstitutional, or unauthorized, or in

conflict with any other section or provision of this article, such

decision shall affect only such section or provision so declared to be

unconstitutional or unauthorized and shall not affect any other section

or part of this article.

§ 160-xxxx — Judicial review

Judicial review. The actions of the department in granting

or refusing to grant or to renew a license under this article or in

revoking or suspending such a license or imposing any fine or reprimand

on the holder thereof or refusing to revoke or suspend such a license or

impose any fine or reprimand shall be subject to review by a proceeding

brought under and pursuant to article seventy-eight of the civil

practice law and rules at the instance of the applicant for such

license, the holder of a license so revoked, suspended, fined, or

reprimanded or the person aggrieved.

ARTICLE 7 Miscellaneous Provisions

§ 161 — Certain searches, the filing of papers, and certified copies, ordered by state officers to be gratuitous

Certain searches, the filing of papers, and certified copies,

ordered by state officers to be gratuitous. 1. Each of the following

officers, to wit: the secretary of state, the comptroller, the

commissioner of taxation and finance, the attorney general, the public

service commission, the commissioner of agriculture and markets, the

commissioner of transportation, the industrial commissioner, the

chairman of the state labor relations board, the chairman of the state

liquor authority, the superintendent of financial services, the state

commissioner of human rights, the commissioner of general services and

the commissioner of housing and community renewal may require search to

be made, in the office of any of the others, or of a county clerk or of

the clerk of a court of record, for any record, document, or paper,

where he or she deems it necessary for the discharge of his or her

official duties, and a copy thereof, or extracts therefrom, to be made

and officially certified or exemplified, without the payment of any fee

or charge.

2. No salaried officer of any city, county, or court, of this state,

or any public officer who is required by law to deposit the fees

collected in his office into any city or county treasury, shall be

entitled to receive from said state officers, or from a division or

bureau of said state officers, any fee for entering, filing, docketing,

registering or recording any paper, record or document required by law

to be filed in the office of any such city, county, court, or public

officer, or for a certified copy, transcript or extract of any paper,

document or record on file in such office which he deems necessary for

the discharge of his official duties, and every such officer must, upon

application therefor, furnish to said state officers, or a division or

bureau of said state officers, for such official use, a certified copy,

extract or transcript of any paper, record or document on file in such

office without the payment of the fee prescribed by law therefor; nor

shall any court clerk demand or receive from any of said state officers,

or from a division or bureau of said state officers, any trial or jury

fee upon filing in any court in this state a note of issue or demand for

a jury trial.

3. Such salaried officer shall also furnish the services herein

specified to any state department or a bureau or agency thereof acting

as an agent of the state in the acquisition of real property, without

the payment of any fee or charge.

§ 162 — Contracts for professional services of state and municipal employees

Contracts for professional services of state and municipal

employees. Notwithstanding any inconsistent provision of law, general,

special or local, the state and any municipal subdivision thereof and

any department, bureau, board, commission, authority or any other agency

or instrumentality of the state or any municipal subdivision thereof,

are hereby severally authorized and empowered to enter into any contract

or arrangement with the United States of America or any office,

department, agency or instrumentality thereof for the performance at

cost by engineers, architects, draftsmen and chemists employed by the

state or such municipal subdivision, upon such terms and conditions as

may be mutually agreed upon, of any project or work authorized by or

pursuant to any act of congress or the cost of which has been provided

for by an appropriation or contract authorization made by any act of

congress which involves or requires the professional services of such

employees. The making or performance of any such contract or arrangement

shall in no wise be deemed to affect or result in the impairment,

diminution or abridgment of the compensation, or any of the civil

service, retirement and other rights, privileges and immunities of any

employee engaged in the performance of any service thereunder.

§ 163 — Contracts for services of state agencies

Contracts for services of state agencies. 1. Notwithstanding

any inconsistent provision of law, general, special or local, the state

and any department, bureau, board, commission, authority, or any other

agency or instrumentality of the state, are hereby severally authorized

and empowered, subject to the approval of the governor, to enter into

any contract or agreement for the production of any goods, materials, or

equipment or the processing, reprocessing, altering or repair thereof,

deemed by the governor necessary or desirable to effectuate postwar

adjustments or defense effort, upon such terms and conditions as he may

approve.

2. Such contract or agreement may be made only with the United States

of America, or any office, department, agency or instrumentality

thereof, or with any person, firm or corporation engaged in the

production or supply of any goods, materials or equipment or the

processing, reprocessing, altering or repair thereof, for or for use,

directly or indirectly, by the United States of America, or any of its

agencies.

3. In the performance of any such contract or agreement any such

department, bureau, board, commission, authority, or any other such

agency or instrumentality of the state, is hereby authorized and

empowered to use any of the real or personal property of the state,

under its control and supervision and temporarily to employ or transfer

any of its personnel.

4. The making or performance of any such contract or agreement shall

in no wise be deemed to affect or result in the impairment, diminution

or abridgment of the compensation, or any of the civil service,

retirement and other rights, privileges and immunities of any employee

engaged in the performance of any service thereunder.

5. Any such contract or agreement shall provide for payment to the

state of compensation, price or other consideration which in no wise

shall be less than the compensation, price or other consideration

generally obtainable by private persons, firms or corporations for the

performance of similar contracts or agreements, provided the same is

reasonably ascertainable.

6. All moneys received on account of any contracts or agreements made

pursuant to this section or pursuant to the provisions of section

fifty-two-a of the New York state war emergency act prior to the repeal

thereof shall be received by the state and deposited in the special fund

provided for in section ninety-seven-a of the state finance law. The

moneys in such fund may be expended and used to defray the expenses

incidental to such contract or agreement in accordance with the terms

and conditions of such contract or agreement and to reimburse the

general fund of the state for any expenditures made in the first

instance for such purposes. Such moneys shall be paid out of such fund

on vouchers approved by the head of the department or agency, to which

any moneys may be allocated by the director of the budget, after audit

by and upon warrant of the comptroller.

§ 163-a — Contracts with Green Thumb Environmental Beautification, Incorporated

Contracts with Green Thumb Environmental Beautification,

Incorporated. Each state department, agency, board, bureau, commission

or other unit performing governmental functions for the state, within

amounts appropriated therefor, may contract with Green Thumb

Environmental Beautification, Incorporated, a nonprofit organization

that is organized for the purpose of environmental beautification and

employs persons fifty-five years of age or older whose annual income

does not exceed: (1) two hundred fifty percent of the non-farm federal

poverty level applicable to a family of one (as defined and updated by

the federal department of health and human services) for an individual

living alone or in another person's home; or (2) four hundred percent of

the non-farm federal poverty level applicable to a family of one (as

defined and updated by the federal department of health and human

services) for a couple living alone or in another person's home. The

contract shall name the organization, the amount and manner of payments

for the service to be rendered, nature of such service, the rendering of

a verified account of the disbursements with verified or certified

vouchers therefor attached, a refund of any unused amount, and such

other conditions upon the use thereof as may be deemed proper.

§ 164 — Reports by and to the department

Reports by and to the department. Each department, other than

the executive department, shall make an annual report to the governor

and legislature on or before the fifteenth day of May, for the preceding

calendar year. It shall contain such information concerning the

department and its several divisions, bureaus, offices, agencies and

institutions, and their activities and affairs, and such

recommendations, as the head of the department shall deem necessary or

proper, and any matters required by express provision of law to be

included in such report. A department also shall make such other and

special reports as the governor or either house of the legislature may

require. From time to time, the head of a department may require from

any board, commission or other body in the department or from any

subordinate officer or employee, division or bureau of the department,

or from any institution subject to the supervision of the department, or

from any agency of the department, such reports or information as such

head may deem necessary. Unless expressly authorized by the head of the

department, there shall be hereafter no separate report, annual or

otherwise, directly to the legislature or governor by any such board,

commission, body, officer, division, bureau, institution or agency

notwithstanding any existing provision of law authorizing or requiring

such report.

§ 164-a — Report and publication economy regulations

Report and publication economy regulations. 1. The

commissioner of the office of general services, in consultation with the

state comptroller, shall establish regulations providing for cost

savings in the printing and distribution of reports and other

publications by agencies, departments and authorities of the state. To

the extent that such reports and publications do not relate to the

marketing or advertising of a service or product of the agency,

department or authority, such regulations shall at a minimum provide

that such reports and other publications:

(a) be as brief as may be practicable;

(b) utilize uncoated recyclable paper, of a size that will minimize

paper use and waste, for printing of text and cover;

(c) make limited use of photographs;

(d) be printed in no more than two colors, unless otherwise

specifically permitted by law, rule or regulation of the commissioner;

(e) not use covers unless such covers are necessary and appropriate

for the protection of the document;

(f) be distributed pursuant to a distribution list which is reviewed

at least annually to eliminate duplicate, excessive, unwanted and

obsolete mailings;

(g) be mailed in combination, to the extent practicable and when

possible, with mailing of other reports and publications;

(h) be eliminated or combined, to the extent practicable and when

possible, with other reports and publications.

2. Each agency or department shall, with its annual report, provide

the state comptroller with a list of printing cost estimates from all

sources, including in-house facilities, the office of general services

central reproduction unit, private printers and such other printing cost

information as may be required by the state comptroller.

3. Subdivision one of this section shall be implemented in a manner

that is consistent with the provisions of subdivisions five and six of

section three hundred fifty-five of the education law.

§ 164-b — State aid to rural areas: agency reports

State aid to rural areas: agency reports. 1. Legislative

intent. The legislature hereby finds, declares and determines that:

(a) enhanced access to financial and technical assistance available

from state agencies is of great significance to rural communities;

(b) grants and other forms of state assistance are not always easily

attainable by rural areas with the greatest need;

(c) rural areas across the state continue to suffer from high levels

of unemployment and poverty, limited access to health care and other

human services, individual isolation, shortfalls in family income and

educational attainment, as well as the inability to undertake

infrastructure investment and business development;

(d) rural communities often lack sufficient expertise and staff to

prepare and process applications for aid, as well as address the

requirements associated with administration of any proceeds. This,

coupled with disproportionate competition with large metropolitan and

suburban communities for a diminishing number of grants often places a

rural community at a disadvantage when attempting to advance the

betterment of its citizens;

(e) improved awareness of the ways state agencies provide financial

and technical assistance would enhance opportunities for rural areas to

make use of such resources, strengthening their ability to respond to

modern challenges.

2. Definitions. For the purposes of this section, the following terms

shall have the following meanings:

(a) "Rural area" shall mean those portions of the state so defined by

subdivision seven of section four hundred eighty-one of this chapter;

(b) "State agency" shall mean the following: office for the aging,

department of agriculture and markets, office of alcoholism and

substance abuse services, department of economic development, department

of education, department of environmental conservation, environmental

facilities corporation, department of health, division of housing and

community renewal, job development authority, office of mental health,

office of parks, recreation and historic preservation, department of

social services, department of state, department of transportation,

urban development corporation, and the division for youth;

(c) "Set-aside" shall mean a direct commitment of financial and/or

technical assistance by state agencies specifically for rural areas as

herein defined;

(d) "Rural program development" means the systematic identification of

special service needs of rural areas by a state agency and the

utilization of said agency's financial, technical and other available

resources to help meet such need;

(e) "Rural advisory committee" means a committee created pursuant to

statute or through administrative action by a state agency for the

purposes of assisting such agency to develop and implement programs for

rural areas;

(f) "Regulatory flexibility" means the conscious consideration of the

ability of affected individuals and/or groups in rural areas to respond

to state agency rules and regulations and the state agency's attempt to

mitigate any negative impacts which may result from such requirements on

said individuals and/or groups.

3. Annual reports of state agencies.

(a) In addition to any existing requirements of state agencies for the

submission of annual reports, such agencies shall also annually provide:

(i) a listing and description of any set-asides for rural areas in New

York state. Such reports shall include the number of applications

submitted, the number of applications approved, and the proportionate

share of dollars and/or technical assistance rendered to public and/or

private sector interests within rural areas of the state;

(ii) a listing and description of the activities and participation of

any rural advisory committees which directly serve such agency, or of

which the agency is a member;

(iii) a listing and description of existing and/or new rural program

development efforts within the agency, or of which the agency is a part;

(iv) a description of existing and/or new rule-making or regulatory

flexibility afforded to rural areas of the state; and

(v) recommendations for any statutory change, as well as financial and

other resources to improve state agency assistance and responsiveness to

rural areas of the state.

(b) In a form prescribed by the governor, all state agencies, as

defined in this section, shall report the annual information required in

paragraph (a) of this subdivision to the governor, with a copy also

submitted to the speaker of the assembly, the temporary president of the

senate, the minority leader of the assembly, the minority leader of the

senate, and the chairman and vice-chairman of the New York state

legislative commission on the development of rural resources established

pursuant to chapter four hundred twenty-eight of the laws of nineteen

hundred eighty-two. The first such report shall be submitted on or

before January first, nineteen hundred ninety-six.

§ 164-c — Printing cost reduction notices

Printing cost reduction notices. There shall be printed on

the cover or cover page of every annual report, report or similar

publication issued by any department, division, commission, agency or

any other entity of the state, a notice which states the following words

or words to the effect of the following: "In an effort to reduce the

costs of printing, please notify the producer of this document if you

wish your name to be deleted from our mailing list or if your address

has changed."

§ 164-d — Availability of application forms

Availability of application forms. 1. The state and every

state agency, department, bureau, board, authority, office, commission,

or any other instrumentality of the state shall make the various

application forms developed and distributed by such agency or

instrumentality for public use that are readily convertible to internet

form and are intended to be commonly used by the general public

available on the internet.

2. Nothing in this section shall require that an agency or other state

entity or instrumentality accept or process application forms submitted

through the internet, or post application forms including user-specific

data on the internet.

3. The office 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.

§ 165 — Commission on uniform state laws; object; membership; term of office; expenses

Commission on uniform state laws; object; membership; term of

office; expenses. The commission on uniform state laws is continued. It

shall be the object of the commission to examine various statutes and

fields of law and to consult and cooperate with similar commissions in

other states with a view to promoting uniform legislation throughout the

United States whenever practicable. The commission may recommend such

legislation as may accomplish its objective. It shall consist of five

members appointed by the governor. The members shall hold office and may

be removed at the pleasure of the governor. The commission shall serve

without compensation, but each commissioner shall be entitled to receive

his actual disbursements for his expenses in performing the duties of

his office. The commission may employ such persons and incur such

expenses as may be necessary for the performance of its duties within

the amounts appropriated therefor. The commission shall report to the

legislature whenever the commission deems it necessary and shall report

to the legislature upon its request. Such reports shall consist of an

account of the transactions of the commission and its advice and

recommendations.

§ 166 — Record of appearances

Record of appearances. Every regulatory agency of the state

shall keep a record of appearances before it or its appropriate

divisions or bureaus of attorneys, agents and representatives appearing

on behalf of any person, firm, corporation or association subject to its

regulatory jurisdiction, for which they receive a fee, which record

shall be open to public inspection. Each regulatory agency shall file

the record with the New York temporary state commission on lobbying on

forms prescribed by the commission. The record shall be filed quarterly

on the fifteenth day of the month following the end of the quarter. The

term "regulatory agency" as used in this section shall mean the

department of financial services, department of financial services,

state liquor authority, department of agriculture and markets,

department of education, department of environmental conservation,

department of health, division of housing and community renewal,

department of state, other than the division of corporations and state

records, department of public service, the industrial board of appeals

in the department of labor and the department of law, other than when

the attorney general or his agents or employees are performing duties

specified in section sixty-three of this chapter.

§ 167 — Advertising and publicizing summer camps cited as subversive

Advertising and publicizing summer camps cited as subversive.

Notwithstanding any inconsistent provision of law, general or special,

no department, bureau, board, commission, authority, agency or other

instrumentality of the state shall knowingly advertise, publicize,

assist, support or advise, or in any manner promote in any publication

or otherwise, any summer camp cited by the attorney general of the

United States, the attorney general of the state of New York, any duly

authorized state agency or any legislative investigating body for

teaching, advocating or embracing the doctrine that the government of

the United States or of any state or any political subdivision thereof

shall be overthrown or overturned by force, violence or any unlawful

means, or advocating, advising, teaching or embracing the duty,

necessity or propriety of adopting any such doctrine.

§ 168 — Notices to attorneys at law by state bodies or officers

Notices to attorneys at law by state bodies or officers. 1.

Whenever a person is involved as a party in a proceeding before any body

or officer exercising quasi-judicial or administrative functions, and an

attorney at law has filed a notice of appearance in such proceeding on

behalf of such person, a copy of all subsequent written communications

or notices to such person in such proceeding (other than subpoenas)

shall be sent to such attorney at law, and if any such subsequent

written communication or notice is sent to the party in the proceeding,

a copy of the same shall be sent to the attorney at law at the same

time. Every such body or officer is authorized to provide by rule or

regulation for the manner in which compliance with the requirements of

this section shall be effected, including, but not limited to, the form

and content of notices of appearance, the manner in which an attorney at

law shall file his notice of appearance in a proceeding, and the manner

in which written communications or notices shall be sent to the attorney

at law.

2. For the purpose of this section:

(a) "person" shall mean one or more individuals, partnerships,

corporations or associations;

(b) "proceeding" shall mean any quasi-judicial or administrative

procedure instituted by a written application by a person to a body or

officer, by a notice of assessment given by a body or officer to a

person, by a written complaint addressed by a body or officer or

transmitted by a body or officer to a person, or by a notice of any

hearing before a body or officer whether or not such hearing is

prescribed by statute.

3. This section shall not apply to preliminary investigations.

§ 168-a — Designation of days of commemoration

Designation of days of commemoration. 1. A day of

commemoration is a calendar day so designated by this section or a

calendar day in any one year so designated by a proclamation of the

governor or resolution of the Senate and Assembly jointly adopted.

2. A day of commemoration shall not constitute a holiday or

half-holiday but shall be a day set aside in recognition and special

honor of a person, persons, group ideal or goal.

3. The following days shall be days of commemoration in each year:

January sixth, to be known as "Haym Salomon Day", January

twenty-seventh, to be known as "Holocaust Remembrance Day", February

fourth, to be known as "Rosa Parks Day", February fifteenth, to be known

as "Susan B. Anthony Day", February sixteenth, to be known as

"Lithuanian Independence Day", February twenty-eighth, to be known as

"Gulf War Veterans' Day", March fourth, to be known as "Pulaski Day",

March eighth, to be known as "International Women's Day", March tenth,

to be known as "Harriet Tubman Day", March twenty-ninth, to be known as

"Vietnam Veterans' Day", April ninth, to be known as "POW Recognition

Day", April twenty-seventh, to be known as "Coretta Scott King Day",

April twenty-eighth, to be known as "Workers' Memorial Day", the first

Tuesday in May to be known as "New York State Teacher Day", May

seventeenth, to be known as "Thurgood Marshall Day", the first Sunday in

June, to be known as "Children's Day", June second, to be known as

"Italian Independence Day", June twelfth, to be known as "Women Veterans

Recognition Day", June nineteenth, to be known as "Juneteenth Freedom

Day", June twenty-fifth, to be known as "Korean War Veterans' Day", the

second Monday in July, to be known as "Abolition Commemoration Day",

August twenty-fourth, to be known as "Ukrainian Independence Day",

August twenty-sixth, to be known as "Women's Equality Day", September

eleventh, to be known as "Battle of Plattsburgh Day" and also to be

known as "September 11th Remembrance Day", September thirteenth, to be

known as "John Barry Day" and also to be known as "Uncle Sam Day in the

State of New York", September seventeenth, to be known as "Friedrich

Wilhelm von Steuben Memorial Day", the third Friday in September to be

known as "New York State POW/MIA Recognition Day" except if such date of

commemoration cannot be observed due to a religious holiday, such

observances shall then be conducted on the second Friday of September,

the last Saturday in September, to be known as "War of 1812 Day", the

fourth Saturday of September, known as "Native-American Day", the last

Sunday in September, to be known as "Gold Star Mothers' Day", October

fifth, to be known as "Raoul Wallenberg Day", October eleventh, to be

known as "New Netherland Day in the State of New York", October

eighteenth, to be known as "Disabilities History Day", October

twenty-seventh, to be known as "Theodore Roosevelt Day", November ninth,

to be known as "Witness for Tolerance Day", November twelfth, to be

known as "Elizabeth Cady Stanton Day", the third Tuesday in November to

be known as "New York State School-Related Professionals Recognition

Day", November twenty-sixth, to be known as "Sojourner Truth Day",

November thirtieth, to be known as "Shirley Chisholm Day", December

third, to be known as "International Day of Persons with Disabilities",

December seventh, to be known as "Pearl Harbor Day", December sixteenth,

to be known as "Bastogne Day" and that day of the Asian lunar calendar

designated as new year to be known as "Asian New Year".

§ 169 — Salaries of certain state officers

Salaries of certain state officers. 1. Salaries of certain

state officers holding the positions indicated hereinbelow shall be as

set forth in subdivision two of this section:

(a) commissioner of corrections and community supervision,

commissioner of education, commissioner of health, commissioner of

mental health, commissioner of developmental disabilities, commissioner

of children and family services, commissioner of temporary and

disability assistance, chancellor of the state university of New York,

commissioner of transportation, commissioner of environmental

conservation, superintendent of state police, commissioner of general

services, commissioner of the division of homeland security and

emergency services and the executive director of the state gaming

commission;

(b) commissioner of labor, chairman of public service commission,

commissioner of taxation and finance, superintendent of financial

services, commissioner of criminal justice services, and commissioner of

parks, recreation and historic preservation;

(c) commissioner of agriculture and markets, commissioner of addiction

services and supports, adjutant general, commissioner and president of

state civil service commission, commissioner of economic development,

president of higher education services corporation, commissioner of

motor vehicles, member-chair of board of parole, chair of public

employment relations board, secretary of state, executive director of

the housing finance agency, commissioner of housing and community

renewal, executive director of state insurance fund, commissioner-chair

of state liquor authority, chair of the workers' compensation board;

(d) director of office for the aging, commissioner of human rights,

commissioners of the department of public service, chairman of state

commission on quality of care for the mentally disabled, chairman of

commission on alcoholism and substance abuse prevention and education,

executive director of the council on the arts and executive director of

the board of social welfare;

(e) chairperson of state athletic commission, director of the office

of victim services, chairperson of human rights appeal board,

chairperson of the industrial board of appeals, chairperson of the state

commission of correction, members of the board of parole,

member-chairperson of unemployment insurance appeal board, director of

veterans' services, and vice-chairperson of the workers' compensation

board;

(f) executive director of adirondack park agency, members of state

commission of correction, members of unemployment insurance appeal

board, and members of the workers' compensation board.

2. (a) Effective January first, nineteen hundred ninety-nine, the

annual salaries of the officers holding the positions indicated in

subdivision one of this section shall be as follows: for the positions

listed in paragraph (a), $136,000; in paragraph (b), $127,000; in

paragraph (c), $120,800; in paragraph (d), $109,800; in paragraph (e),

$101,600; and in paragraph (f), $90,800.

(b) Notwithstanding any of the foregoing provisions of this section to

the contrary, an incumbent in a position (i) listed in former section

one hundred sixty-nine of the executive law in effect on the day prior

to the effective date of this subdivision, or (ii) listed in this

section, or (iii) covered by a provision of law other than such section,

shall not receive compensation in an amount less than such person

received on the effective date of this section.

3. Notwithstanding any other provision of this section or any other

provision of law, the boards of trustees of the state university of New

York and the city university of New York shall each establish and

implement salary plans for the chancellors, presidents and senior staffs

of such state and city universities, respectively. The board of regents

shall establish and implement a separate salary plan for the president

of the university of the state of New York, setting forth the

compensation to be received by the president for performing the duties

of that office assigned by the rules of the regents or statute, which

shall be in addition to the compensation received by such person

pursuant to the provisions of subdivisions one and two of this section.

Such salary plans shall be developed after consultation with the

governor's office of employee relations and the division of the budget.

Any increase in compensation for the positions set forth in this

subdivision, not otherwise funded from any appropriation, shall be

funded from reallocations of funds within the appropriations

specifically identified by the aforementioned boards. Each board of

trustees and the board of regents shall file a proposed salary plan

report with the chairs of the senate finance committee and the assembly

ways and means committee and the director of the budget at least sixty

days prior to the effective date of such salary plan. Each salary plan

report shall set forth the salary schedule, the dollar value of

additional public compensation and other employment benefits that such

positions would receive, the specific sources of funding to be

reallocated for salary increases, the amount of increase to be provided

to each position, the comparison salary data on which the plan is based,

and such other information as the boards of trustees and the board of

regents deem appropriate.

§ 170 — Audit of agencies by the state comptroller; reports of corrective action

Audit of agencies by the state comptroller; reports of

corrective action. Whenever the state comptroller shall conduct an audit

of the activities and operations of any department, bureau, board,

commission, authority or any other agency or instrumentality, he or she

shall submit a tentative copy of a report of such audit to the head of

the entity audited. The head of such entity may submit a written

response to such tentative report within thirty days of the receipt

thereof. The state comptroller shall thereafter submit a final report of

such audit which shall contain a complete copy of the response, if any,

submitted to the tentative report. If the final report makes

recommendations for corrective action, the head of the entity audited

shall report within one hundred eighty days after receipt thereof to the

governor, the state comptroller, the president, president pro tem and

minority leader of the senate, the speaker, majority and minority

leaders of the assembly, and the chairman and ranking minority members

of the senate finance committee and the assembly ways and means

committees of the state legislature what steps were taken to implement

such recommendations, and, where recommendations were not implemented,

the reasons therefor.

§ 170-a — Celebration of Rosa Parks; bus companies

Celebration of Rosa Parks; bus companies. 1. For purposes of

this section, the terms "bus company" and "bus line" shall have the same

meanings as set forth in subdivisions two and three of section two of

the transportation law.

2. On February fourth, two thousand eight and every February fourth

thereafter, a day of commemoration designated as "Rosa Parks Day"

pursuant to section one hundred sixty-eight-a of this article, every bus

company operating a bus line in this state may reserve and keep empty

one seat on each bus placed in service by such bus company in honor of

civil rights activist Rosa Parks.

3. Compliance with the provisions of this section shall be voluntary,

and no bus company operating a bus line in this state shall be subject

to any liability, either civil or criminal, solely for the failure to

comply with the provisions of this section.

§ 170-b — Employee loans

* § 170-b. Employee loans. 1. No state agency shall make available to

employees a loan of any amount of money. Provided, however, that nothing

in this section shall be construed to impede any person from receiving

any aid for which he or she is eligible pursuant to any state or federal

statute or regulation.

2. For purposes of this section, the term "state agency" shall mean

any state department, state university of New York, city university of

New York, authority, board, bureau, division, commission, committee,

council, office or other governmental entity performing a governmental

or proprietary function for the state.

* NB There are 2 § 170-b's

§ 170-c — Regulatory penalties for small businesses

* § 170-c. Regulatory penalties for small businesses. 1. Unless

explicitly exempted or excluded by any other law, rule or regulation,

upon a first time violation of a state agency's rules or regulations

related to paperwork submitted to a state agency or actions or omissions

that are determined by such state agency to be de minimus, a small

business, as defined in subdivision eight of section one hundred two of

the state administrative procedure act, shall be afforded a cure period

or other opportunity for ameliorative action if the violation can be

corrected, the successful completion of which will prevent the

imposition of penalties on the party or parties subject to enforcement

of such de minimus violation. However, no waiver of penalties or cure

period or other opportunity for ameliorative action may be given if the

agency determines that the violation may result in a natural resource

damage claim or serious actual harm, or may present an endangerment to

public safety, human health or the environment, is a violation of human

or civil rights law, results in loss of employee wages or benefits,

interferes with any remedy, review, or resolution related to harassment

or discrimination claims, was or is a willful violation, involves tax

fraud, violates requirements related to federal funding to the state,

relates to state funding or procurement, is similar to prior violations,

is a penal law violation, relates to a material or substantive portion

of the business, or is in contravention of the public interest and/or

policy reflected by the agency's mission. Upon such first violation, a

state agency shall (a) provide the small business with a copy of the

applicable small business regulation guides pursuant to section one

hundred two-a of the state administrative procedure act and any other

helpful guidance or information detailing the agency's rules and

regulations, to the extent such materials exist, or (b) to the extent

practicable, provide such small business assistance with compliance with

the agency's rules and regulations. The agency shall have the discretion

to determine the appropriate period of time to allow such small business

to cure or take such other ameliorative action to address such

violation, which shall be reasonable but shall not be less than fifteen

business days unless a longer period is allowed pursuant to law or

regulation.

2. As used in this section "state agency" shall mean an agency as

defined in subdivision one of section one hundred two of the state

administrative procedure act; provided that "state agency" shall not

include the department of taxation and finance, the workers'

compensation board nor the department of financial services.

3. Nothing herein shall prevent or preclude any other waivers of

penalties that may be applicable by this or any other agency.

4. Every state agency shall provide to the division for small

business, created pursuant to section one hundred thirty-two of the

economic development law, the following information covering the

previous calendar year, annually by July first following the effective

date of this subdivision, and every July first thereafter: (a) how many

cure periods or other opportunities for ameliorative action were

afforded pursuant to subdivision one of this section and how many small

businesses made use of such options, (b) how many cure periods and other

opportunities for ameliorative action were successfully completed and

resulted in the avoidance of a penalty, (c) what, if any, guidance,

information, and assistance with compliance was provided to small

businesses issued pursuant to subdivision one of this section, and (d)

the range of time granted by the state agency to correct first time

violations and the type of violations that were ameliorated. The

division for small business shall by October first following the

effective date of this subdivision, and every October first thereafter,

prepare a report compiling this information, by agency, and shall post

this report on its website and shall provide a copy of such report to

the governor, the speaker of the assembly and the temporary president of

the senate.

* NB Repealed December 20, 2027

§ 170-d — Disclosure of disabled tenants' rights

Disclosure of disabled tenants' rights. The division of human

rights shall promulgate regulations requiring every housing provider

under subdivisions two-a and five of section two hundred ninety-six of

this chapter, to provide notice to all tenants and prospective tenants,

in writing, within thirty days of the effective date of their tenancy,

or thirty days from the effective date of this section for current

tenants, of their rights to request reasonable modifications and

accommodations pursuant to subparagraphs one, two and three of paragraph

d of subdivision two-a of section two hundred ninety-six of this chapter

and subdivision eighteen of section two hundred ninety-six of this

chapter.

§ 170-e — Disclosure of lawful source of income rights to prospective tenants

* § 170-e. Disclosure of lawful source of income rights to prospective

tenants. The division of human rights shall promulgate regulations

requiring any state, county, municipal or other governmental entity,

including but not limited to the division of housing and community

renewal, or any agency or instrumentality of such an entity, and any

public or private non-profit entity authorized to administer any public

housing program or assistance, including, but not limited to, the

section eight housing choice voucher program, or any other form of

housing assistance, payment, subsidy or credit, regardless of whether or

not such assistance, payment, subsidy or credit is paid or attributed

directly to a landlord, to ensure that individuals who have applied for

and are eligible to receive such assistance, payment, subsidy or credit

are informed, in writing, of their rights and remedies available under

law, with regard to lawful source of income discrimination pursuant to

this section.

* NB There are 2 § 170-e's

§ 170-f — Website accessibility; contractors and vendors

Website accessibility; contractors and vendors. Each

contractor, subcontractor, vendor, consultant, or other person providing

services pursuant to a state contract shall be required to conform any

website provided by such contractor, subcontractor, vendor, consultant,

or person in relation to and for the purpose of the provision of such

services to the most current version of the Web Content Accessibility

Guidelines adopted by the World Wide Web Consortium for accessibility,

or any successor standards.

§ 170-g — Collection of demographic information; sexual orientation and gender expression

Collection of demographic information; sexual orientation and

gender expression. 1. Every state agency, board, or commission that

directly or by contract collects demographic data as to the ancestry or

ethnic origin of residents of the state of New York shall use, to the

extent practicable, separate collection categories and tabulations for

sexual orientation and gender identity or expression.

2. The term "gender identity or expression" means having or being

perceived as having a gender identity, self-image, appearance, behavior

or expression whether or not that gender identity, self-image,

appearance, behavior or expression is different from that traditionally

associated with the sex assigned to that person at birth.

3. The data collected pursuant to the different collection categories

and tabulations described in subdivision one of this section shall be

included in every demographic report on ancestry or ethnic origins of

residents of the state of New York by the state agency, board, or

commission published or released on or after July first, in the calendar

year following the effective date of this section. The data shall be

made available to the public in accordance with state and federal law,

except for personal identifying information, which shall be deemed

confidential, by posting the data on the internet web site of the

agency, board, or commission on or before July first, in the calendar

year following the effective date of this section, and annually

thereafter. This subdivision shall not be construed to prevent any other

state agency, board, or commission from posting data collected pursuant

to subdivision one of this section on the agency's, board's, or

commission's internet web site, in the manner prescribed by this

section. A state agency, board, or commission that cannot comply with

the requirements of this section shall, at least sixty days before the

applicable deadline, post publicly on its web site a written progress

report that describes with specificity the steps the agency, board, or

commission has taken to comply with this section, the impediments that

prevented compliance, the efforts undertaken by the agency, board, or

commission to come into compliance, and an estimated timeframe for

compliance. The written report shall be updated every six months from

the date of the original posting.

4. Guidance shall be issued for state agencies, boards, and

commissions in their compliance with the requirements set forth in

subdivision three of this section.

§ 170-h — Additional collection of demographic information

Additional collection of demographic information. 1. Every

state agency, board, department, or commission that directly collects

demographic data as to the ancestry or ethnic origin of residents of the

state of New York shall use separate collection categories and

tabulations for the following Middle Eastern and North African groups in

New York state:

(a) Each major North African (NA) group shall include Egyptian,

Moroccan, Algerian, Sudanese, Tunisian, and Libyan; and

(b) Each major Middle Eastern (ME) group shall include Yemeni,

Iranian, Palestinian, Iraqi, Lebanese, Israeli, Jordanian, Syrian,

Armenian, and Saudi; and

(c) Collection categories shall include a category for other Middle

Eastern or North African groups.

2. The data collected pursuant to the different collection categories

and tabulations described in subdivision one of this section, to the

degree that the data quality is sufficient, shall be included in every

demographic report on ancestry or ethnic origins of residents of the

state of New York by the state agency, board, department, or commission

published or released on or after January first, two thousand

twenty-seven. The data shall be made available to the public in

accordance with state and federal law, except for personal identifying

information, which shall be deemed confidential, by posting the data on

the internet web site of the agency, board, department, or commission on

or before January first, two thousand twenty-seven, and annually

thereafter. If the data quality is determined to be insufficient for

publication, an explanation of the problem with the data quality shall

be included in any report or publication made available to the public.

This subdivision shall not be construed to prevent any other state

agency from posting data collected pursuant to subdivision one of this

section on the agency's internet web site, in the manner prescribed by

this section.

3. A state agency, board, or commission that cannot comply with the

requirements of this section shall, at least sixty days before the

applicable deadline, post publicly on its web site a written progress

report that describes with specificity the steps the agency, board, or

commission has taken to comply with this section, the impediments that

prevented compliance, the efforts undertaken by the agency, board, or

commission to come into compliance, and an estimated timeframe for

compliance. The written report shall be updated every six months from

the date of the original posting.

§ 170-i — Gender-based violence and the workplace

Gender-based violence and the workplace. 1. Each state agency

shall formulate and issue a gender-based violence and the workplace

policy for such agency. In formulating such policy, the state agency

shall refer to the model gender-based violence and the workplace policy

distributed by the office for the prevention of domestic violence

pursuant to subdivision eleven of section five hundred seventy-five of

this chapter, and adopt its provisions as appropriate.

2. Each state agency shall designate at least one domestic violence

agency liaison who shall ensure agency compliance with the domestic

violence provisions of the gender-based violence and the workplace

policy, be trained to assist victimized employees, and serve as the

primary contact for the policy distributed by the agency.

3. Each state agency, in formulating or revising its gender-based

violence and the workplace policy, shall give due regard to the

importance of increasing awareness of gender-based violence and

informing employees of available resources for assistance; clearly

specifying how to reach the domestic violence agency liaison; ensuring

that personnel policies and procedures are fair to domestic and

gender-based violence victims and survivors, and responsive to their

needs; developing workplace safety response plans; complying with state

and federal law including restrictions of possession of firearms by a

person convicted of a domestic violence related crime or subject to an

order of protection; encouraging and promoting gender-based violence

education and training for employees; and holding accountable employees

who misuse state resources or authority or violate their job duties in

committing an act of gender-based violence. Each state agency, when it

issues its gender-based violence and the workplace policy, shall provide

a copy of that policy and the information for its designated domestic

violence agency liaison to the office for the prevention of domestic

violence, and shall notify the office of any subsequent modifications of

the policy or the contact information for the domestic violence agency

liaison.

4. (a) Every covered employee shall participate in a gender-based

violence and the workplace training developed by the office for the

prevention of domestic violence and made available on the statewide

learning management system annually.

(b) As used in this subdivision, "covered employee" shall mean all

officers and employees working in the executive chamber in the office of

the governor and New York State agencies who supervise other officers

and employees, who serve as the domestic violence agency liaison, or who

are employed in a human resources position. "Officers and employees"

shall have the meaning given to "state officer or employee" in section

seventy-three of the public officers law.

5. Each state agency shall cooperate with the office for the

prevention of domestic violence and furnish such information, reporting,

and assistance as the office determines is reasonably necessary to

accomplish the purposes of this section.

§ 170-j — Mental health references contained in state and municipal forms

Mental health references contained in state and municipal

forms. No form, preprinted document, other public-facing document,

training material, agency guidance, or manual utilized by a state

agency, public authority or municipality shall use the term "emotionally

disturbed person" to identify or denote a person experiencing emotional

distress or an emotional or mental health crisis. All forms or

preprinted documents, other public-facing documents, training materials,

agency guidance or manuals utilizing such term shall be amended to

replace the term "emotionally disturbed person" with the term "person

experiencing an emotional crisis".

§ 170-k — Local cops, local crimes act

Local cops, local crimes act. 1. For purposes of this

section, the following definitions shall apply:

(a) "Law enforcement agency" means the New York state police and any

law enforcement agency or department of any municipality, any police

district, or any agency, department, commission, authority or public

benefit corporation of the state of New York employing a police officer

as that term is defined in subdivision thirty-four of section 1.20 of

the criminal procedure law or peace officer as that term is defined in

section 2.10 of the criminal procedure law, except for the port

authority of New York and New Jersey.

(b) "Local government" means any municipal corporation and governing

board in the state of New York.

(c) "Municipal corporation" has the same meaning as such term is

defined in section two of the general municipal law.

(d) "Governing board" has the same meaning as such term is defined in

section two of the general municipal law.

(e) "Correctional facility" has the same meaning as such term is

defined in subdivision four of section two of the correction law.

(f) "Local correctional facility" has the same meaning as such term is

defined in subdivision sixteen of section two of the correction law.

(g) "Immigration detention facility" means any building, facility, or

structure used, in whole or in part, to house or detain individuals for

any violation of a civil provision of the federal Immigration and

Nationality Act relating to an individual's immigration status.

(h) "Juvenile detention facility" means a specialized secure, secure,

or nonsecure detention facility certified by the office of children and

family services pursuant to section five hundred three of this chapter.

(i) "Facility for youth placed with or committed to the office of

children and family services" means a facility operated pursuant to

section five hundred four of this chapter.

(j) "Immigration authority" has the same meaning as such term is

defined in section three hundred nineteen of this chapter.

(k) "Immigration enforcement" has the same meaning as such term is

defined in section three hundred nineteen of this chapter.

(l) "Immigration law" means any civil provision of the federal

Immigration and Nationality Act and any provision of law that penalizes

a person's presence in, entry into, or reentry into the United States.

2. (a) No local government, law enforcement agency, correctional

facility, local correctional facility, juvenile detention facility, or

facility for youth placed with or committed to the office of children

and family services, or agent thereof may, enter into, modify, renew,

remain in, or extend:

(i) any agreement pursuant to section 287(g) of the Immigration and

Nationality Act codified at 8 U.S.C. § 1357(g), including, but not

limited to, any formal or informal agreement under which an officer or

employee may engage in or assist immigration enforcement, or otherwise

may perform a function of an immigration officer; or

(ii) any contract, intergovernmental service agreement, or any other

formal or informal agreement to house or detain individuals for federal

civil immigration violations, including, but not limited to, agreements

entered into pursuant to 8 U.S.C. § 1103(a) or § 1231(g).

(b) Nothing in this subdivision shall be construed to preclude

contracts or agreements by:

(i) any hospital or other health care facility as defined by section

twenty-eight hundred one of the public health law, including any health

care facility operated by a public benefit corporation pursuant to title

two of article ten-C of the public authorities law, or any mental health

facility or hospital as defined by section 1.03 of the mental hygiene

law to provide health care services;

(ii) any authorized agency as defined by subdivision ten of section

three hundred seventy-one of the social services law, to provide care or

placement to children in the custody of the United States Office of

Refugee Resettlement; or

(iii) any federal law enforcement agency for the provision of

detention space for individuals subject to pending federal criminal

charges; provided, however, that no such agreement may provide for

detention space to house or detain individuals solely for federal civil

immigration violations.

3. No local government, law enforcement agency, correctional facility,

local correctional facility, juvenile detention facility, or facility

for youth placed with or committed to the office of children and family

services or agent thereof shall:

(a) pay, reimburse, subsidize, give any financial incentive or benefit

or defray in any way costs related to the sale, purchase, construction,

development, ownership, management, or operation of an immigration

detention facility that is or will be owned, managed, or operated, in

whole or in part by a private entity; or

(b) otherwise give any financial incentive or benefit in connection

with the sale, purchase, construction, development, ownership,

management, or operation of an immigration detention facility.

4. Notwithstanding any provision of state or local law to the contrary

relating to the time in which a decision shall be rendered on an

application for or an appeal relating to a permit, certificate, or

variance, no local government shall approve a zoning variance or issue a

permit or certificate for the construction or the reuse of existing

buildings or structures by any private entity for use as an immigration

detention facility unless the local government, at a minimum, and in

addition to any other requirements:

(a) provides notice to the public of the proposed zoning variance,

permit, or certificate action at least one hundred eighty days before

authorizing the variance or issuing the permit or certificate; and

(b) solicits and hears public comments on the proposed zoning

variance, permit, or certificate action in at least two separate

meetings open to the public.

5. Nothing in subdivisions three and four of this section shall

restrict any local government from adopting or applying additional

zoning variance, permitting, or certificate requirements, or extending

the length of the one hundred eighty day notice requirement, or

increasing the number of meetings open to the public to discuss the

zoning variance, permit, certificate, or reuse of existing buildings or

structures, notwithstanding any provision of state or local law to the

contrary relating to the time in which a decision shall be rendered on

an application for or an appeal relating to a permit, certificate, or

variance.

6. Nothing in this section shall be construed to prohibit a local

government, law enforcement agency, correctional facility, or local

correctional facility from complying with any state or federal court

order or judicial warrant, or any other action as required by law.

7. (a) Any agreement described in subdivision two of this section

shall be deemed not consistent with state law and any such agreement

existing upon the effective date of this section shall be void and

unenforceable, and any law enforcement agency, correctional facility,

local correctional facility, juvenile detention facility, or facility

for youth placed with or committed to the office of children and family

services, or agent thereof shall exercise any applicable termination

provision contained in such agreement.

(b) Notwithstanding paragraph (a) of this subdivision, any law

enforcement agency, correctional facility, local correctional facility,

juvenile detention facility, or facility for youth placed with or

committed to the office of children and family services, or agent

thereof shall exercise any applicable termination provision contained in

any agreement described in subparagraph (ii) of paragraph (a) of

subdivision two of this section within three months after the effective

date of this section, after which time any such agreement shall be

deemed not consistent with state law, void, and unenforceable.

8. The provisions of this section shall apply notwithstanding any

other provisions of state or local law, charter, code, ordinance,

resolution, rule, or regulation to the contrary. Provided, however, that

nothing in this article shall be construed to prevent or restrict the

state government from adopting, enacting, or enforcing state policies or

a local government from adopting, enacting, or enforcing local policies,

laws, resolutions, ordinances, or regulations which comply with at least

the applicable standards or requirements of this section, or which

exceed the provisions of this section, or which further restrict the

ability of state government or local government personnel to participate

in immigration enforcement beyond the requirements set forth in the

chapter of the laws of two thousand twenty-six that added this section.

§ 171 — Discovery and disposition of human remains and funerary objects

Discovery and disposition of human remains and funerary

objects. 1. Definitions. As used in this section:

(a) "Burial site" means any location in which human remains are

interred, which is not a cemetery subject to provisions of the

not-for-profit corporation law, the religious corporations law, the

general municipal law, the county law, the town law or the village law.

(b) "Committee" means the Native American burial site review committee

created by subdivision three of this section.

(c) "Culturally-affiliated group" means any group, including a Native

American Nation or tribe, whose past or present government, or

traditional culture or religion, was or is affiliated with human remains

or funerary objects which are the subject of this section.

(d) "Forensic anthropologist or bioarchaeologist" means a person

qualified in the medicolegal or osteological investigation/examination

of human skeletal remains.

(e) "Funerary objects" means any item or items reasonably believed to

have been placed with human remains at the time of burial, including but

not limited to burial markers, items of personal adornment, vessels,

beads, tools, implements, ceremonial objects and other artifacts.

(f) "Human remains" means the remains of any part of the body of a

deceased person, excluding teeth.

(g) "Lineal descendant" means a genealogical descendant established by

oral tradition, traditional Indigenous knowledge, or written record.

(h) "Native American Nation or tribe" means any Native American tribe,

nation or group.

(i) "State archaeologist" means the person appointed to such office

pursuant to section two hundred thirty-five of the education law.

2. Applicability. (a) This section shall apply to all lands within the

state except for lands located upon any Native American territory or

reservation located wholly or partly within the state.

(b) Subdivisions three, four, five, six, and seven of this section

shall not apply to any project that has been reviewed pursuant to

section 14.09 of the parks, recreation, and historic preservation law or

to state participation in any review conducted pursuant to section 106

of the National Historic Preservation Act. If any human remains are

discovered during the project, the applicant shall immediately notify

the state archaeologist.

3. Native American burial site review committee. (a) There is hereby

established a Native American burial site review committee consisting of

the following:

(i) one member to be appointed by each of the Native American Nations

or tribes recognized by the state;

(ii) the state archaeologist;

(iii) a forensic anthropologist or bioarchaeologist appointed by the

executive director of the New York state museum;

(iv) the chair of the human remains committee or other designee of the

New York Archaeological Council; and

(v) one member with expertise in the field of historic preservation

appointed by the commissioner of the office of parks, recreation and

historic preservation.

(b) The committee shall elect a chairperson from among its members.

The members who are not public employees shall be reimbursed by the

state for their reasonable, necessary expenses incurred in the

performance of committee functions. Three-fifths of the members of the

committee shall constitute a quorum for the purpose of conducting

business. A majority vote of all members who have been appointed or who

are serving ex-officio shall be necessary for action. Any vacancy shall

be filled in the same manner as the original appointment.

(c) It shall be the function of the committee to determine the lineal

descendants and/or culturally-affiliated groups for Native American

human remains and funerary objects subject to this section, and to

provide notice to such descendants and/or groups as provided in this

section. The state archaeologist shall prepare, and the committee shall

adopt, standard procedures for determining the lineal descendants and

culturally-affiliated groups for human remains as required by this

section, including acceptable types of proof of such descent and

affiliation. Such procedures shall include dispute resolution methods to

resolve disagreements among the committee members.

4. Discovery of burial site; reporting requirements. (a) Any person

who in the course of any ground-disturbing activity discovers a burial

site, human remains or funerary objects shall immediately cease any

further disturbance of such site, remains or objects, and shall

immediately report such discovery to the coroner or medical examiner in

the county in which the remains were discovered. The coroner or medical

examiner shall, within ninety-six hours, determine whether any actions

are required pursuant to the provisions of article seventeen-A of the

county law. If any such remains appear to the coroner or medical

examiner to be more than fifty years old, the coroner or medical

examiner shall immediately provide notice of the discovery of such

remains to the state archaeologist, who shall in turn convey such notice

to the other members of the committee. If no action is required under

article seventeen-A of the county law, or once such actions are

undertaken and no further action is required, the state archaeologist

and the committee may commence their inspection or examination of the

remains or objects. Any inspection or examination shall be made in situ

except as necessary to comply with such article seventeen-A, this

section, or to determine the age of the remains. The state archaeologist

and the committee may use ground penetrating radar or other pertinent

technology or equipment on any portion of the project site that has yet

to be disturbed to determine if any other remains exist within the

project site.

(b) The state archaeologist, or a registered archeologist or

registered professional archeologist as may be designated by the state

archaeologist, shall, upon receiving notice from a coroner or medical

examiner of the discovery of human remains, inspect the site, remains

and/or objects which are the subject of such notice. Within ten days of

receiving such notice, the state archaeologist shall prepare a report

thereon and provide a copy of the report to the committee and to the

property owner. The report shall be based upon physical examination of

the discovered burial site, remains and/or objects, and shall contain

the state archaeologist's conclusion as to whether such site, remains

and/or objects may be of Native American origin. In the event the state

archaeologist determines there is a reasonable possibility the site

contains multiple remains, an additional period of ten days may be

provided for assessment by the state archaeologist in consultation with

the culturally-affiliated group to determine the parameters of the site.

In preparing the report, the state archaeologist may seek and obtain

assistance from any employee of the regents, from the committee, and

from the office of parks, recreation and historic preservation.

(c) The committee may recommend to the office of parks, recreation,

and historic preservation that the site should be designated as a place

of historic interest under section twelve-a of the Indian law.

5. Determination of and notification to lineal descendants or

culturally-affiliated groups. (a) If the state archaeologist, the

forensic anthropologist or bioarchaeologist, and the committee agree

that the burial site does not wholly or partly contain human remains or

funerary objects that are of Native American origin, it shall be the

responsibility of the state archaeologist to determine, as soon as

practicable, whether there are any reasonably ascertainable lineal

descendants or culturally-affiliated groups with respect to such site,

remains or objects and, immediately upon making such determination, to

provide notice to such descendants or groups of the reported discovery.

(b) If the state archaeologist, the forensic anthropologist or

bioarchaeologist, and the committee agree that the burial site wholly or

partly contains human remains or funerary objects that may be of Native

American origin, it shall be the responsibility of the committee to

determine the lineal descendants or culturally-affiliated groups. Such

determination shall be made as soon as practicable after the committee

receives a report from the state archaeologist concerning the burial

site. Immediately upon making such determination, the committee shall

provide notification to such descendants or groups of the reported

discovery.

(c) The committee shall have stewardship of Native American human

remains and funerary objects from the time it receives notification from

the state archaeologist pursuant to subdivision four of this section

until the lineal descendants and/or culturally-affiliated groups receive

notification from the committee pursuant to this subdivision, at which

time such lineal descendants and/or culturally-affiliated groups shall

have the right of possession and stewardship of such remains and

objects. Upon notification to such lineal descendants or

culturally-affiliated groups pursuant to this subdivision, ownership of

and responsibility for the human remains and funerary objects shall vest

exclusively in such descendants or groups, which shall have authority to

determine their disposition subject to the provisions of this section.

(d) The state archaeologist shall have stewardship of non-Native

American human remains and funerary objects from the time he or she

receives notification from the coroner or medical examiner pursuant to

subdivision four of this section until the lineal descendants and/or

culturally-affiliated groups receive notification from the state

archaeologist pursuant to this paragraph, at which time such lineal

descendants and/or culturally-affiliated groups shall have the right of

possession and stewardship of such remains and objects. Upon

notification to such lineal descendants or culturally-affiliated groups

pursuant to this subdivision, ownership of and responsibility for the

human remains and funerary objects shall vest exclusively in such

descendants or groups, which shall have authority to determine their

disposition subject to the provisions of this section.

(e) Where a burial site contains both Native American and non-Native

American human remains or funerary objects, the committee shall be

responsible for the Native American burials at the site, and the state

archaeologist shall be responsible for all other burials at the site.

Once stewardship of each is determined, the procedures established in

paragraphs (c) and (d) of this subdivision shall apply.

6. Disposition of remains and objects. (a) Within ten days after

receiving notification from the state archaeologist to lineal

descendants or a culturally-affiliated group, other than a Native

American Nation or tribe, of the discovery of a burial site, the

descendants or group shall advise the state archaeologist in writing as

to the preferred disposition of the discovered remains or objects, which

may include a request to protect the burial site and keep the remains

interred where they were found. The state archaeologist shall consult

with the property owner to try to facilitate the request of the lineal

descendants or culturally-affiliated group.

(b) Within sixty days after receiving notification from the committee

to a lineal descendant or culturally-affiliated group of the discovery

of a burial site, the descendants or group shall advise the committee in

writing as to the preferred disposition of the discovered remains or

objects, which may include a request to protect the burial site and keep

the remains interred where they were found. The committee shall consult

with the property owner to try to facilitate the request of the lineal

descendants or culturally-affiliated group.

(c) No later than ten days after receiving the report from the state

archaeologist pursuant to subdivision four of this section, the property

owner shall inform the state archaeologist of their decision with

respect to the interment of the remains on their property. The report

from the state archaeologist to the property owner shall clearly include

that the property owner has ten days to notify the state archaeologist

of their decision. If a property owner fails to notify the state

archaeologist of their decision, the state archaeologist or the

committee, as appropriate, shall abide by the decision of the lineal

descendants or culturally-affiliated group.

(d) Only the state archaeologist, a registered archaeologist, or a

registered professional archaeologist may touch or handle any remains or

funerary objects.

7. Disposition of human remains and funerary objects, generally. (a)

The property owner, their agents, assignees, employees, family members,

friends, acquaintances, or any other individuals acting on behalf of

such property owner, other than the state archeologist or a registered

archeologist or a registered professional archaeologist hired by the

property owner and acting pursuant to paragraph (d) of this subdivision,

are strictly prohibited from moving, relocating, transferring, selling,

possessing, touching, handling, or otherwise intentionally disturbing,

in any manner, all human remains and funerary objects that are

discovered on site. Except as necessary to carry out the purposes of

this section, burial sites, human remains and funerary objects shall

remain undisturbed after discovery and during the process established by

this section.

(b) While the disposition of the remains shall be determined by the

lineal descendants or culturally-affiliated group, and the property

owner, the preferred disposition as a matter of policy is to have the

remains stay interred where they are discovered.

(c) (i) If the lineal descendants, or culturally-affiliated group, and

the property owner agree that the remains shall stay interred, the

committee or state archaeologist, as appropriate, shall establish a plan

of action for the preservation and protection of the remains.

(ii) If the lineal descendants or culturally-affiliated group requests

that the remains be excavated and moved to a different location, the

committee or state archaeologist, as appropriate, shall establish and

implement a plan of action for the respectful, dignified excavation and

removal of the remains.

(iii) If the lineal descendants or culturally-affiliated group advise

that the remains stay interred, but the property owner notifies of their

decision, as provided in this section, that the remains should be

removed, the committee or state archaeologist, as appropriate, shall

establish and implement a plan of action for the respectful, dignified

excavation and removal of the remains. Such plan shall not be

inconsistent with the provisions of this section. The committee or state

archaeologist may, prior to the execution of the plan of action, consult

with the property owner in an attempt to realize the request of the

lineal descendants or culturally-affiliated group. The committee or

state archaeologist may use a mediator, at no cost to the property owner

unless mediation is requested by the property owner, as part of this

process.

(d) (i) If the plan of action has not been implemented within ninety

days of the notification to the state archaeologist by the coroner or

medical examiner pursuant to paragraph (a) of subdivision four of this

section, and any additional time provided pursuant to paragraph (b) of

subdivision four of this section, the property owner may decide to

excavate and remove the remains, provided that they shall engage a

registered archeologist or a registered professional archaeologist,

registered with the Register of Professional Archaeologists and who

practices in the field of bioarchaeology or forensic anthropology, to

excavate and remove the remains in a respectful and dignified manner

that is not inconsistent with the provisions of this section, and

provided further that the property owner may request the state

archeologist to perform any such excavation or removal. The

culturally-affiliated group shall have the right to have a cultural

monitor on site prior to and during any excavation and removal of human

remains or funerary objects. Failure of the culturally-affiliated group

to have a monitor on site shall not be grounds to prohibit, prevent, or

pause any excavation, removal, or other conduct as provided in this

section.

(ii) If the plan of action has been substantially implemented but not

completed within the ninety-day period, and any additional time provided

pursuant to paragraph (b) of subdivision four of this section, the

committee or state archaeologist may have one additional ten-day period

to complete the excavation and removal. The state archaeologist, in

consultation with the committee, where appropriate, shall determine

whether the plan of action has been substantially implemented.

(iii) Any excavation and removal caused by the property owner pursuant

to this paragraph shall be done at the expense of the property owner and

shall be performed and supervised by the registered archaeologist, or a

registered professional archaeologist, hired by the property owner

pursuant to this subdivision, provided that the property owner may

request the state archeologist to complete any such excavation or

removal even after the ninety-day implementation period or any

additional time provided in this section has expired. The

culturally-affiliated group may select a cultural monitor to observe the

work. Such archaeologist shall review the established plan of action

with the state archaeologist or the committee, as appropriate, and act

in accordance with that plan. For the purposes of this paragraph, only

the state archaeologist, as provided in this section, or the registered

archaeologist or registered professional archaeologist hired to perform

the excavation pursuant to this subdivision may have physical contact

with or otherwise disturb the remains or burial site.

(iv) The state archaeologist or committee shall make themselves

available to the registered archaeologist or registered professional

archaeologist forthwith for the purposes of discussing the established

plan of action for the site. If the state archaeologist or committee

fails to make themselves available forthwith, the registered

archaeologist or registered professional archaeologist may proceed with

the excavation and removal.

(v) If no plan of action has been established prior to the expiration

of the ninety-day period, and any additional time provided pursuant to

paragraph (b) of subdivision four of this section, the registered

archaeologist or registered professional archaeologist may proceed with

the excavation and removal in a professional, respectful, dignified

manner that is not inconsistent with the provisions of this section.

(vi) Any remains or funerary objects excavated from the site as a

result of the implementation of the process established by this

paragraph shall be deposited with the New York state museum for

disposition.

(vii) Notwithstanding any conflicting provision of this section, the

state archeologist may at any time monitor and observe any excavation

and removal performed pursuant to this section.

(e) If the state archaeologist and the committee have been unable to

identify the lineal descendants or culturally-affiliated group for human

remains or funerary objects, the state archaeologist shall take

stewardship of the remains and shall make the recommendation for their

disposition in accordance with the provisions of this section.

(f) Notwithstanding any conflicting provision of paragraph (d) of this

subdivision, for project sites that contain the remains of six or more

individuals, if the state archaeologist determines that additional time

is necessary for the excavation of such site, an additional thirty-day

period may be added before the remains can be excavated and removed by

the property owner. If the state archeologist continues to find that

additional time is necessary, the period before remains can be excavated

and removed by the property owner may be extended multiple times in

increments of thirty days. The state archaeologist must provide a copy

of each such determination to the property owner in writing. The

property owner may bring an action pursuant to article seventy-eight of

the civil practice law and rules to review the determination of the

state archaeologist pursuant to this paragraph.

8. Penalties. (a) Any person who fails to report the discovery of a

burial site, human remains or funerary objects as required by

subdivision four of this section shall be guilty of a class B

misdemeanor, as defined in the penal law.

(b) Any person other than the state archaeologist, or a person or

group with a right to remove or a right of possession or stewardship

pursuant to this section, or a designee thereof, who intentionally

removes human remains or funerary objects from a burial site shall be

guilty of a class A misdemeanor, as defined in the penal law.

(c) Any person (i) who knowingly defaces or destroys a burial site,

human remains or funerary objects, or (ii) who, knowing that a burial

site, human remains, or funerary objects exist causes another person to

deface or destroy such burial site, human remains, or funerary objects,

or (iii) who possesses human remains or funerary objects with intent to

sell such remains or artifacts, or (iv) who sells or attempts to sell

human remains or funerary objects, except when authorized by law, shall

be guilty of a class E felony, as defined in the penal law.

9. Enforcement. The attorney general or any aggrieved party, including

the committee and any lineal descendant or culturally-affiliated group,

may bring an action in supreme court in the judicial district where the

remains or objects covered by this section are located to enjoin

violations or threatened violations of this section, and to recover such

remains or objects.

ARTICLE 7-A Solicitation and Collection of Funds For Charitable Purposes

§ 171-a — Definitions

Definitions. The following words and phrases as used in this

article shall have the following meanings unless a different meaning is

required by the context. 1. "Charitable organizations." Any benevolent,

philanthropic, patriotic, or eleemosynary person or one purporting to be

such or law enforcement support organization as defined in subdivision

eleven of this section.

2. "Contribution." The promise or grant of any money or property of

any kind or value, whether or not in combination with the sale of goods,

services, entertainment or any other thing of value, including a grant

or other financial assistance from any agency of government, except

payments by members of any organization for membership, for services or

other benefit, other than the right to vote for directors or trustees,

elect officers, or hold offices.

3. "Person." Any individual, organization, group, association,

partnership, corporation, or any combination of them.

4. "Professional fund raiser." Any person who directly or indirectly,

by contract, including but not limited to sub-contract, letter or other

agreement or other engagement on any basis, for compensation or other

consideration (a) plans, manages, conducts, carries on, or assists in

connection with a charitable solicitation or who employs or otherwise

engages on any basis another person to solicit from persons in this

state for or on behalf of any charitable organization or any other

person, or who engages in the business of, or holds himself out to

persons in this state as independently engaged in the business of

soliciting for such purpose; (b) solicits on behalf of a charitable

organization or any other person; or (c) who advertises that the

purchase or use of goods, services, entertainment or any other thing of

value will benefit a charitable organization but is not a commercial

co-venturer. A bona fide director, trustee, officer, volunteer or

employee of a charitable organization or fund raising counsel shall not

be deemed a professional fund raiser.

5. "Professional solicitor." Any person who is employed or retained

for compensation by a professional fund raiser to solicit contributions

for charitable purposes or for the purposes of any law enforcement

support organization from persons in this state.

6. "Commercial co-venturer." Any person who for profit is regularly

and primarily engaged in trade or commerce other than in connection with

the raising of funds or any other thing of value for a charitable

organization and who advertises that the purchase or use of goods,

services, entertainment, or any other thing of value will benefit a

charitable organization.

7. "Secretary." The secretary of state.

8. "Membership." The collective body of any charitable organization

comprised of persons having voting rights and other powers of

governance.

9. "Fund raising counsel." Any person who for compensation consults

with a charitable organization or who plans, manages, advises, or

assists with respect to the solicitation in this state of contributions

for or on behalf of a charitable organization, but who does not have

access to contributions or other receipts from a solicitation or

authority to pay expenses associated with a solicitation and who does

not solicit. A bona fide officer, volunteer, or employee of a charitable

organization or an attorney at law retained by a charitable organization

or an individual engaged solely to draft applications for funding from a

governmental agency or an entity exempt from taxation pursuant to

section 501(c)(3) of the internal revenue code, shall not be deemed a

fund raising counsel.

10. "Solicit." To directly or indirectly make a request for a

contribution, whether express or implied, through any medium. A

"solicitation" shall be deemed to have taken place whether or not a

contribution is made. For purposes of this article, a "solicitation" or

a "solicitation of contributions" includes any advertising which

represents that the purchase or use of goods, services, entertainment or

any other thing of value will benefit a charitable organization.

Provided, however, that the printing and the mailing of a written

solicitation for funds or any other thing of value to benefit a

charitable organization shall not alone constitute soliciting on the

part of persons who printed and mailed such solicitation if such persons

do not otherwise solicit, receive or have access to contributions.

11. "Law enforcement support organization." Any organization,

association, union or conference of or purporting to be of current or

former law enforcement officers, including, without limitation, peace

officers and police officers as defined in subdivisions thirty-three and

thirty-four of section 1.20 of the criminal procedure law, sheriffs,

deputy sheriffs, detectives, investigators or constables or any

auxiliary or affiliate of such an organization, association, union or

conference composed of one or more such organizations.

12. "Attorney general". The attorney general of the state of New York.

§ 172 — Registration of charitable organizations

Registration of charitable organizations. 1. Every charitable

organization, and any charitable organization registered or required to

be registered pursuant to article eight of the estates, powers and

trusts law, except as otherwise provided in section one hundred

seventy-two-a of this article, which intends to solicit contributions

from persons in this state or from any governmental agency shall, prior

to any solicitation, file with the attorney general a prescribed

registration form that includes, but is not limited to, the following

information:

(a) The name of the organization and the name or names under which it

intends to solicit contributions.

(b) The names and business, residence, or other addresses where each

can regularly be found of the officers, directors, trustees, and

executive personnel of the organization.

(c) The addresses of the organization and the addresses of any offices

in this state. If the organization does not maintain an office, the name

and address of the person having custody of its financial records.

(d) Where and when the organization was established, the form of its

organization, its tax exempt status together with a copy of the most

recent letter of exemption, if any, issued by the internal revenue

service, the most recent communication from the internal revenue service

regarding any audit thereby, if any, and a copy of any certificate of

incorporation, by-laws, amendments and other operative organizational

documents.

(e) A clear description of the specific programs stating whether in

existence or planned for which the contributions to be solicited will be

used.

(f) The date on which the fiscal year of the organization ends.

(g) Whether the organization is authorized by any other governmental

authority to solicit contributions and whether it or any of its present

officers, directors, executive personnel or trustees are or have ever

been fined or otherwise penalized or enjoined from soliciting

contributions or have been found to have engaged in unlawful practices

regarding solicitation of contributions or administration of charitable

assets and whether its registration or license has been suspended or

cancelled by any court or other governmental agency together with the

identity of such courts or governmental agencies and the reasons for

such fine, penalty, injunction, suspension or cancellation.

(h) The names and addresses of any professional fund raisers, fund

raising counsels and commercial co-venturers who are acting or have

agreed to act on behalf of the organization.

(i) A copy of its annual report, if any, for the immediately preceding

fiscal year in accordance with the requirements of section one hundred

seventy-two-b of this article.

(j) The names and addresses of any chapters, branches, affiliates or

organizations that share in the contributions or other revenue raised in

this state.

2. The registration form shall be signed under penalties for perjury

by the president or other authorized officer and the chief fiscal

officer of the organization.

3. At the time of filing such registration, each charitable

organization shall pay to the attorney general a fee of twenty-five

dollars.

4. Any charitable organization required to register with the attorney

general pursuant to this article and properly registered pursuant to

article eight of the estates, powers and trusts law that has not

previously registered pursuant to this article shall not be required to

register separately, but shall file with the attorney general a

statement that it is registered pursuant to article eight of the

estates, powers and trusts law. Such statement shall be accompanied by

all additional documents required to complete registration pursuant to

this article, including any additional financial filings required by

this article.

5. Registration pursuant to this article shall remain in effect unless

it is either cancelled as provided in this article, withdrawn by the

organization or the organization has failed to file the required

financial report and such failure has not been remedied pursuant to

subdivision seven of this section.

6. Every registered organization shall file with the attorney general

within thirty days of any material change in the information required to

be furnished by such organization under subdivision one of this section

a prescribed form stating any such changes and signed under penalties

for perjury by the president or other authorized officer of the

organization.

7. In no event shall a registration of a charitable organization to

solicit contributions in New York pursuant to this article continue, or

be continued, in effect after the date such organization should have

filed, but failed to file, a financial report in accordance with the

requirements of section one hundred seventy-two-b of this article, and

such organization shall not be eligible to file a new registration

pursuant to this article until it shall have filed the required

financial report or reports with the attorney general. If any such

report is subsequently filed such organization shall file a new

registration pursuant to this article, upon the payment of a

re-registration fee of one hundred fifty dollars to the attorney

general.

8. Forms, financial reports, professional fund raisers' contracts, and

other documents required to be filed pursuant to this article become

public records of the attorney general, except that where such records

are forms including the names, addresses or telephone numbers of

contributors and amounts contributed by them, such names, addresses, and

telephone numbers of contributors and amounts contributed by them shall

not be a public record and shall not be subject to disclosure pursuant

to article six of the public officers law, and the attorney general

shall keep such information confidential, except when authorized by a

court order, and use it solely for the purpose of conducting

investigations and litigation to enforce the not-for-profit corporation

and religious corporation laws, the provisions of this article, article

eight of the estates, powers and trusts law, and the attorney general's

other authority to oversee charities and charitable assets.

9. No charitable organization, professional fund raiser, fund raising

counsel or commercial co-venturer shall use or exploit the fact of its

registration or the registration of any other registrant under this

article or article eight of the estates, powers and trusts law so as to

lead the public to believe that registration in any manner constitutes

an endorsement or approval by the state.

10. To the extent practicable, the attorney general shall develop a

single registration and uniform set of reporting forms to be filed in

accordance with the requirements of this subdivision and those of

section 8-1.4 of the estates, powers and trusts law. These forms shall

avoid duplication with and make maximum use of information required in

federal reporting forms filed with the attorney general.

§ 172-a — Certain persons exempted

Certain persons exempted. 1. This article shall not apply to

corporations organized under the religious corporations law, and other

religious agencies and organizations, and charities, agencies, and

organizations operated, supervised, or controlled by or in connection

with a religious organization.

2. The following persons shall not be required to register with the

attorney general:

(a) An educational institution confining its solicitation of

contributions to its student body, alumni, faculty and trustees, and

their families.

(b) Fraternal, patriotic, social, alumni, law enforcement support

organizations and historical societies chartered by the New York state

board of regents when solicitation of contributions is confined to their

membership.

(c) Persons requesting any contributions for the relief of any

individual, specified by name at the time of the solicitation, if all of

the contributions collected, without any deductions whatsoever, are paid

to or for the benefit of the named beneficiary. Prior to the

commencement of any such solicitation, the principal person requesting

contributions may file with the attorney general a form, provided by the

attorney general, which shall read as follows:

CHARITABLE SOLICITATION FOR THE RELIEF OF AN INDIVIDUAL

______________________________________________________________________

NAME AND ADDRESS OF THE PRINCIPAL PERSON REQUESTING CONTRIBUTIONS

______________________________________________________________________

PURPOSE OF THE SOLICITATION

______________________________________________________________________

NAME AND ADDRESS OF THE PRIMARY INDIVIDUAL BENEFICIARY

______________________________________________________________________

NAME AND ADDRESS OF SECONDARY BENEFICIARY (IF ANY)

LIST NO MORE THAN THREE SECONDARY BENEFICIARIES

The principal person requesting contributions may, on such form

designate up to three secondary individuals or charitable organizations

as charitable beneficiaries who shall be entitled to such contributions

in the event circumstances change rendering it impossible or

impracticable to use any or all of the money collected for the primary

beneficiary. The designation of one or more secondary beneficiaries

shall be ineffective unless such form has been filed with the attorney

general and all persons requesting contributions shall have informed any

person solicited at the time of any solicitation of such filing. In the

event that it is or may be impossible or impracticable to use any or all

of the money collected for the benefit of the primary beneficiary, and

(i) no secondary beneficiary has been properly designated pursuant to

this paragraph, or (ii) no secondary beneficiary exists, then the

attorney general, the primary beneficiary, or any person who requested

contributions may petition the supreme court, on notice to the attorney

general, the primary beneficiary if living, any secondary beneficiaries,

and the principal person who requested the contributions for an order

directing that any moneys remaining shall be transferred to a charitable

organization with purposes similar to those for which such contributions

were collected. In the event that money collected for the relief of any

individual, without any deductions whatsoever, is paid to or for the

benefit of the primary beneficiary within sixty days of its receipt,

then all requirements of this paragraph shall be deemed to have been

complied with. For the purposes of this section, the term "principal

person requesting the contributions" shall mean any person who is

primarily responsible for soliciting funds for the relief of an

individual, but shall not include any person who solicits funds when all

such funds are subsequently transferred over to a principal person

requesting contributions.

(d) Any charitable organization which solicits or receives gross

contributions of less than twenty-five thousand dollars during a fiscal

year of such organization, provided none of its fund raising is carried

on by professional fund raisers or fund raising counsel. However, if the

gross contributions received by such charitable organization during any

fiscal year of such organization shall be in excess of twenty-five

thousand dollars, it shall within thirty days after the date it shall

have received gross contributions in excess of twenty-five thousand

dollars register with the attorney general as required by section one

hundred seventy-two of this article.

(e) Any charitable organization receiving an allocation from a

federated fund, incorporated community appeal or a united way, provided

such fund, appeal or united way is complying with the provisions of this

article relating to registration and filing of financial reports with

the attorney general, and provided such organization does not receive,

in addition to such allocation, gross contributions in excess of

twenty-five thousand dollars during the fiscal year, and provided

further that all the fund-raising functions of such organizations are

carried on by persons who are unpaid for such services. However, if the

gross contributions other than such allocation received by such

charitable organization during any fiscal year of such organization

shall be in excess of twenty-five thousand dollars, it shall within

thirty days after the date it shall have received such contributions in

excess of twenty-five thousand dollars register with the attorney

general as required by section one hundred seventy-two of this article.

(f) A local post, camp, chapter or similarly designated element, or a

county unit of such elements, of a bona fide veterans' organization

which issues charters to such local elements throughout this state, a

bona fide organization of volunteer firefighters, an organization

providing volunteer ambulance service (as defined in section three

thousand one of the public health law) or a bona fide auxiliary or

affiliate of such organizations, provided all its fund-raising

activities are carried on by members of such an organization or an

affiliate thereof and such members receive no compensation, directly or

indirectly, therefor.

(g) An educational institution which files annual financial reports

with the regents of the university of the state of New York as required

by the education law or with an agency having similar jurisdiction in

another state or a library which files annual financial reports as

required by the state education department.

(h) A charitable organization which receives all or substantially all

of its funds from a single governmental agency and reports annually to

that agency provided such reports contain financial information

substantially similar in content to that required by subdivision one of

section one hundred seventy-two-b of this article; provided, however,

that such organization may receive no more than twenty-five thousand

dollars from sources other than the government agency to which it

reports.

(i) Any police department, sheriff's department or other governmental

law enforcement agency.

(j) The state parent teachers association and any parent teachers

association affiliated with an educational institution that is subject

to the jurisdiction of the state education department.

§ 172-b — Reports by registered charitable organizations; registration to be cancelled for failure to file

Reports by registered charitable organizations; registration

to be cancelled for failure to file. 1. Every charitable organization

registered or required to be registered pursuant to section one hundred

seventy-two of this article which shall receive in any fiscal year gross

revenue and support in excess of one million dollars shall file with the

attorney general an annual written financial report, on forms prescribed

by the attorney general, on or before the fifteenth day of the fifth

calendar month after the close of such fiscal year. The annual financial

report shall be accompanied by an annual financial statement which

includes an independent certified public accountant's audit report

containing an opinion that the financial statements are presented fairly

in all material respects and in conformity with generally accepted

accounting principles, including compliance with all pronouncements of

the financial accounting standards board and the American Institute of

Certified Public Accountants that establish accounting principles

relevant to not-for-profit organizations. Such financial report shall

include a statement of any changes in the information required to be

contained in the registration form filed on behalf of such organization.

The financial report shall be signed by the president or other

authorized officer and the chief fiscal officer of the organization who

shall certify under penalties for perjury that the statements therein

are true and correct to the best of their knowledge, and shall be

accompanied by an opinion signed by an independent public accountant

that the financial statement and balance sheet therein present fairly

the financial operations and position of the organization. A fee of

twenty-five dollars payable to the attorney general shall accompany such

financial report at the time of filing, provided however, that any such

organization that is registered with the attorney general pursuant to

article eight of the estates, powers and trusts law is required to file

only one annual financial report which meets the filing requirements of

this article and section 8-1.4 of the estates, powers and trusts law.

2. Every charitable organization registered or required to be

registered pursuant to section one hundred seventy-two of this article

which shall receive in gross revenue and support in any fiscal year at

least two hundred fifty thousand dollars but not more than one million

dollars shall file an annual financial report. The annual financial

report shall be accompanied by an annual financial statement which

includes an independent certified public accountant's review report in

accordance with "statements on standards for accounting and review

services" issued by the American Institute of Certified Public

Accountants. The annual financial statement shall be prepared in

conformity with generally accepted accounting principles, including

compliance with all pronouncements of the financial accounting standards

board and the American Institute of Certified Public Accountants that

establish accounting principles relevant to not-for-profit

organizations. Such financial report shall be filed with the attorney

general, upon forms prescribed by the attorney general on an annual

basis on or before the fifteenth day of the fifth calendar month after

the close of such fiscal year, which shall include a financial report

covering such fiscal year in accordance with such requirements as the

attorney general may prescribe. Such financial report shall include a

statement of any changes in the information required to be contained in

the registration form filed on behalf of such organization. The

financial report shall be signed by the president or other authorized

officer and the chief fiscal officer of the organization who shall

certify under penalties for perjury that the statements therein are true

and correct to the best of their knowledge. A fee of twenty-five dollars

payable to the attorney general shall accompany such financial report at

the time of filing, provided, however, that any such organization that

is registered with the attorney general pursuant to article eight of the

estates, powers and trusts law is required to file only one annual

financial report which meets the filing requirements of this article and

section 8-1.4 of the estates, powers and trusts law. Notwithstanding the

requirements of this section, if upon review of an independent certified

public accountant's review report filed pursuant to this subdivision,

the attorney general determines that a charitable organization should

obtain an independent certified public accountant's audit report, such

organization shall obtain and file with the attorney general an audit

report that meets the requirements of subdivision one of this section

within one hundred twenty days of the attorney general's request for

such report.

2-a. Every charitable organization registered or required to be

registered pursuant to section one hundred seventy-two of this article

which shall receive in any fiscal year of such organization gross

revenue and support not in excess of two hundred fifty thousand dollars

shall file with the attorney general an unaudited financial report on

forms prescribed by the attorney general, on or before the fifteenth day

of the fifth calendar month after the close of such fiscal year. Such

financial report shall include a statement of any changes in the

information required to be contained in the registration form filed on

behalf of such organization. The financial report shall be signed by the

president or other authorized officer and the chief fiscal officer of

the organization who shall certify under penalties for perjury that the

statements therein are true and correct to the best of their knowledge.

A fee of twenty-five dollars payable to the attorney general shall

accompany such financial report at the time of filing. Provided,

however, that any such organization that is registered with the attorney

general pursuant to article eight of the estates, powers and trusts law

is required to file only one annual financial report which meets the

filing requirements of this article and section 8-1.4 of the estates,

powers and trusts law.

3. For any fiscal year of any organization registered pursuant to

section one hundred seventy-two of this article in which such

organization would have been exempt from registration pursuant to

section one hundred seventy-two of this article if it had not been so

registered, or in which it did not solicit or receive contributions,

such organization shall file, instead of the financial reports required

by subdivision one, two or two-a of this section, a report, signed under

penalties for perjury by the president or other authorized officer and

the chief fiscal officer, in the form prescribed by the attorney general

stating the nature of the exemption and the facts upon which it is based

or that such organization did not solicit or receive contributions in

such fiscal year. The report shall include a statement of any changes in

the information required to be contained in the registration form filed

on behalf of such organization and may include a notice, signed under

penalties for perjury by the president or other authorized officer, on a

form prescribed by the attorney general, that such organization's

registration is being withdrawn.

4. (a) Upon prior written authorization by the attorney general any

charitable organization registered pursuant to section one hundred

seventy-two of this article, which is the parent organization of one or

more affiliates thereof, and such affiliates, may comply with the

reporting requirements of subdivision one, two, two-a or three of this

section, by filing a combined written annual financial report upon forms

prescribed by the attorney general.

(b) As used in this subdivision the term "affiliate" shall include any

chapter, branch, auxiliary, or other subordinate unit of any registered

charitable organization, howsoever designated, whose policies, fund

raising activities, and expenditures are supervised or controlled by

such parent organization.

(c) There shall be appended to each combined annual financial report a

schedule, containing such information as may be prescribed by the

attorney general, reflecting the activities of each affiliate, which

shall contain a statement signed under penalties for perjury, by the

president or other authorized officer certifying that the information

contained therein is true.

(d) The failure of a parent organization to file a combined annual

financial written report shall not excuse either the parent organization

or its affiliates from complying with the provisions of subdivision one,

two, two-a or three of this section.

(e) A combined annual financial report filed pursuant to this

subdivision shall be accompanied by a fee, paid to the attorney general,

of twenty-five dollars plus ten dollars for each organization included

in such annual financial report, but the aggregate fee shall not exceed

five hundred dollars.

5. The attorney general shall cancel the registration of any

organization which fails to comply with subdivision one, two, two-a or

three of this section within the time therein prescribed, or fails to

furnish such additional information as is requested by the attorney

general within the required time; except that the time may be extended

by the attorney general for a period not to exceed one hundred eighty

days. Notice of such cancellation shall be mailed to the registrant at

least twenty days before the effective date thereof.

6. Every charitable organization registered or required to register

pursuant to section one hundred seventy-two of this article shall keep

and maintain records, books and reports for at least three years after

the end of the period of registration to which they relate which shall

at all times be available for inspection, by the attorney general, or

any duly authorized representatives at the principal office of such

organization.

7. The attorney general may accept a copy of a current financial

report previously filed by a charitable organization with any other

governmental agency in compliance with the provisions of this article

provided that the report filed with such other governmental agency shall

be substantially similar in content to the financial report required by

this section.

8. Any financial report filed by any charitable organization required

to be registered but which has not previously registered pursuant to

this article or article eight of the estates, powers and trusts law must

be accompanied by all registration material required to be filed by this

article.

9. Any registered charitable organization that is required to file a

funding disclosure report pursuant to section one hundred seventy-two-e

of this article, and/or a financial disclosure report pursuant to

section one hundred seventy-two-f of this article for a reporting period

during the applicable fiscal year shall also be required to file such

annual financial report, including all required forms and attachments,

with the department of state.

§ 172-c — Non-resident charitable organizations; designation of secretary of state as agent for service of process; service of process

Non-resident charitable organizations; designation of

secretary of state as agent for service of process; service of process.

1. Any charitable organization having its principal place of business

without the state or organized under and by virtue of the laws of

another or foreign state and which solicits contributions from people in

this state, shall be deemed to have irrevocably appointed the secretary

of state as its agent upon whom may be served any summons, subpoena,

subpoena duces tecum, other process or notice directed to such

charitable organization, or any partner, principal, officer, trustee or

director thereof, in any action or proceeding brought by the attorney

general or any other party under the provisions of this article. Any

such charitable organization may file with the secretary of state of the

state of New York a designation, duly acknowledged in accordance with

procedures for such filing with the secretary of state, irrevocably

appointing the secretary of state as its agent upon whom may be served

any such process; provided, however, that a designation filed with the

secretary of state pursuant to section three hundred fifty-two-a of the

general business law or section thirteen hundred four of the

not-for-profit corporation law shall serve also as such designation.

2. Service of such process upon the secretary of state shall be made

by personally delivering to and leaving with the secretary of state or

any person authorized by the secretary of state to accept such service a

copy thereof at the office of the department of state in the city of

Albany, and such service shall be sufficient service provided that

notice of such service and a copy of such process are forthwith sent by

the attorney general or any other party to such charitable organization

by certified mail with return receipt requested, at its office as set

forth in the registration form required to be filed with the attorney

general pursuant to section one hundred seventy-two of this article, or

in default of the filing of such form, at the last address known to the

attorney general or any other party. Service of such process shall be

complete upon the receipt by the attorney general or any other party of

a return receipt purporting to be signed by the addressee or a person

qualified to receive its certified mail, in accordance with the rules

and customs of the post office department, or, if acceptance was refused

by the addressee or its agent, ten days after the return to the attorney

general or any other party of a notation by the postal authorities that

receipt thereof was refused.

§ 172-d — Prohibited activity

Prohibited activity. Except as exempted pursuant to

subdivision one of section one hundred seventy-two-a of this article, in

addition to other violations of this article no person shall:

1. Make any material statement which is untrue in an application for

registration, registration statement, a claim of exemption, financial

report or any other forms or documents required to be filed or filed

pursuant to this article; or fail to disclose a material fact in an

application for registration, registration statement, claim of

exemption, financial report or any other forms or documents required to

be filed or filed pursuant to this article; or

2. Engage in any fraudulent or illegal act, device, scheme, artifice

to defraud or for obtaining money or property by means of a false

pretense, representation or promise, transaction or enterprise in

connection with any solicitation or with the registration, reporting and

disclosure provisions of this article. The term "fraud" or "fraudulent"

as used herein shall include those acts which may be characterized as

misleading or deceptive including but not limited to those acts covered

by the term "fraud" or "fraudulent" under subdivision twelve of section

sixty-three of this chapter. To establish fraud neither intent to

defraud nor injury need to be shown; or

3. Use or intend to use false or materially misleading advertising or

promotional material in connection with any solicitation; or

4. Fail to apply contributions in a manner substantially consistent

with the solicitation or the registration statement of the charitable

organization or the purposes expressed therein; or

5. Enter into any contract or agreement with or otherwise employ or

engage any professional fund raiser, fund raising counsel or

professional solicitor required to be registered pursuant to this

article unless such professional fund raiser, fund raising counsel or

professional solicitor has provided to such person a statement, signed

under penalties for perjury, that it is registered and in compliance

with all filing requirements of this article; or

6. Enter into any contract or agreement, employment or engagement to

raise funds or conduct any fund raising activities for any charitable

organization required to be registered pursuant to this article unless

such charitable organization is registered and in compliance with all

filing requirements of this article; or

7. Repeatedly and wilfully fail to file as required by this article

any fund-raising contract, closing statement or report or other form or

document; or

8. Fail to respond or comply within sixty days with any cease and

desist order of the attorney general; or

9. Represent in any manner that registration constitutes an

endorsement or approval by the state or the attorney general; or

10. Solicit for a charitable purpose or engage in any other fund

raising activities without being a registered charitable organization in

compliance with all filing requirements of this article, if required to

be registered, or having a written contract or agreement with a

charitable organization or registered charitable organization if

required to be registered, authorizing solicitation on its behalf; or

11. Continue soliciting on behalf of a charitable organization more

than fifteen days after the cancellation in accordance with subdivision

six of section one hundred seventy-four-a of this article; or

12. Act as or enter any contract or other agreement with a charitable

organization as a professional fund raiser, fund raising counsel, or

professional solicitor without having registered and being in compliance

with all filing and disclosure requirements of this article; or

13. Fail to maintain books and records as required by this article or

fail to produce to the attorney general any such books and records

within fifteen days of receiving, by certified mail, a request for such

books and records; or

14. Fail to discontinue solicitation immediately or to register

pursuant to this article within fifteen days after the attorney general

has given notice pursuant to subdivision two of section one hundred

seventy-five of this article of violation of subdivision one, two, or

three of section one hundred seventy-four of this article; or

15. Fail to provide a charitable organization with an accurate

accounting of a sale advertised for its benefit as prescribed by

subdivision three of section one hundred seventy-three-a of this

article; or

16. Knowingly use in the course of soliciting contributions for or on

behalf of a charitable organization a name, symbol, or other mark so

closely related or similar to that used by another established

charitable organization that the use thereof would tend to confuse or

mislead the public; or

17. Solicit contributions in a manner or with words which are coercive

as such term is defined pursuant to section 135.65 of the penal law; or

18. Vote or use personal influence as an officer or member of the

board of directors of a charitable organization, a majority of whose

members are professional fund raisers or their designees on matters on

which such officer or member has a financial or material conflicting

interest; or

19. Include in any solicitation a statement that the financial report

of a charitable organization or professional fund raiser is on file with

the attorney general unless the charitable organization or professional

fund raiser has complied with all filing requirements pursuant to this

article and article eight of the estates, powers and trusts law, to the

extent also applicable; or

20. Use in any solicitation a New York state address, including a New

York state return address unless:

(a) the charitable organization maintains and staffs an office at that

address; or

(b) immediately proximate to the New York address, both the address of

the charitable organization's actual headquarters and the fact that the

New York address is a "mail drop", using this or a substantially similar

term that clearly conveys the message that the New York address is that

of a mail handling facility; or

21. State or imply that a charitable organization conducts any

activities in New York and/or benefits New York state residents unless

it conducts such activities and/or provides such benefits.

§ 172-e — Disclosure of certain donations by charitable non-profit entities

Disclosure of certain donations by charitable non-profit

entities. 1. Definitions. For the purposes of this section:

(a) "Covered entity" shall mean any corporation or entity that is

qualified as an exempt organization or entity by the United States

Department of the Treasury under I.R.C. 501(c)(3) that is required to

report to the department of law pursuant to this section.

(b) "In-kind donation" shall mean donations of staff, staff time,

personnel or any other human resources, offices or office supplies,

except that an in-kind donation shall not include an in-kind donation

made by a person or entity in the course of an activity that is

substantially related to accomplishing the covered entity's tax exempt

purposes where the in-kind donator is offering or providing goods or

services for substantially less than fair market value to individuals,

corporations or groups, and those goods or services are actually

purchased or consumed by wholly unaffiliated individuals, corporations

or groups for no charge or substantially less than fair market value,

and may include, but is not limited to, pro bono legal services and

other forms of technical assistance.

(c) "Donation" shall mean any contribution, including a gift, loan,

in-kind donation, advance or deposit of money or anything of value.

(d) "Recipient entity" shall mean any corporation or entity that is

qualified as an exempt organization or entity by the United States

Department of the Treasury under I.R.C. 501(c)(4) that is required to

file a source of funding report with the commission on ethics and

lobbying in government pursuant to sections one-h and one-j of the

legislative law.

(e) "Reporting period" shall mean the six month period within a

calendar year starting January first and ending June thirtieth or the

six month period within a calendar year starting July first and ending

December thirty-first.

2. Funding disclosure reports to be filed by covered entities. (a) Any

covered entity that makes an in-kind donation in excess of ten thousand

dollars to a recipient entity during a relevant reporting period shall

file a funding disclosure report with the department of state. The

funding disclosure report shall include:

(i) the name and address of the covered entity that made the in-kind

donation;

(ii) the name and address of the recipient entity that received or

benefitted from the in-kind donation;

(iii) the names of any persons who exert operational or managerial

control over the covered entity. The disclosures required by this

paragraph shall include the name of at least one natural person;

(iv) the date such donation was made by the covered entity; and

(v) a description of the in-kind donation, including the charitable

purpose advanced by such donation, if any, and any restrictions on the

use of such donation by the recipient entity.

(b) The covered entity shall file a funding disclosure report with the

department of state within thirty days of the close of a reporting

period.

3. Public disclosure of funding disclosure reports. The department of

state shall promulgate any regulations necessary to implement these

requirements and shall publish such reports on the department's website

when authorized pursuant to subdivision two of this section; provided

however that the secretary of state, or his or her designee, may

determine that disclosure of all or a portion of the in-kind donations

to the covered entity and financial assistance provided by any covered

entity to one or more recipient entities, shall not be made public if,

based upon a review of the relevant facts presented by the covered

entity, such disclosure may cause harm, threats, harassment, or

reprisals to the source of the donation or to individuals or property

affiliated with the source of the donation. The covered entity may

appeal the secretary's determination and such appeal shall be heard by a

judicial hearing officer who is independent and not affiliated with or

employed by the department of state. The total amount of in-kind

donations to the covered entity and financial assistance provided by any

covered entity to one or more recipient entities that are the subject of

such appeal shall not be made public pending final judgment on appeal.

4. If a covered entity's or recipient entity's annual report filed

pursuant to section one hundred seventy-two-b of this article does not

include a completed Internal Revenue Service Form 990 schedule B and

that covered entity makes, or that recipient entity receives, qualifying

donations pursuant to subdivision two of this section, that entity shall

in addition to filing a disclosure with the department of law, also file

with the department of state a complete Internal Revenue Service Form

990 Schedule B, regardless of whether such form is submitted or required

to be submitted to the Internal Revenue Service.

§ 172-f — Disclosure of certain activities by non-charitable non-profit entities

Disclosure of certain activities by non-charitable non-profit

entities. 1. Definitions. (a) "Covered Entity" means any corporation or

entity that is qualified as an exempt organization or entity by the

United States Department of the Treasury under I.R.C. 501(c)(4).

(b) "Covered communication" means a communication by a covered entity,

not otherwise reported by such covered entity pursuant to article one-A

of the legislative law or article fourteen of the election law, by a

covered entity conveyed to five hundred or more members of a general

public audience in the form of: (i) an audio or video communication via

broadcast, cable or satellite; (ii) a written communication via

advertisements, pamphlets, circulars, flyers, brochures, letterheads; or

(iii) other published statement which: refers to and advocates for or

against a clearly identified elected official, executive or

administrative body or legislative body relating to the sponsorship,

support, opposition, or outcome of any proposed legislation, pending

legislation, rule, regulation, hearing or decision, or advocates for or

against action by any elected official, executive or administrative body

or legislative body.

Covered communication shall not include: (i) communications with a

professional journalist or newscaster, including an editorial board or

editorial writer of a newspaper, magazine, news agency, press

association or wire service, relating to news, as these terms are

defined in section seventy-nine-h of the civil rights law, and

communications relating to confidential and non-confidential news as

described in subdivisions (b) and (c) of section seventy-nine-h of the

civil rights law respectively and communications made pursuant to

community outreach efforts for broadcast stations required by federal

law; or

(ii) a communication that is: (A) directed, sent or distributed by the

covered entity only to individuals who affirmatively consent to be

members of the covered entity, contribute funds to the covered entity,

or, pursuant to the covered entity's articles or bylaws, have the right

to vote directly or indirectly for the election of directors or

officers, or on changes to bylaws, disposition of all or substantially

all of the covered entity's assets or the merger or dissolution of the

covered entity; or (B) for the purpose of promoting or staging any

candidate debate, town hall or similar forum to which at least two

candidates seeking the same office, or two proponents of differing

positions on a referendum or question submitted to voters, are invited

as participants, and which does not promote or advance one candidate or

position over another.

(c) "Expenditures for covered communications" shall mean: (i) any

expenditure made, liability incurred, or contribution provided for

covered communications; or (ii) any other transfer of funds, assets,

services or any other thing of value to any individual, group,

association, corporation whether organized for profit or not-for-profit,

labor union, political committee, political action committee, or any

other entity for the purpose of supporting or engaging in covered

communications by the recipient or a third party.

(d) "Donation" shall mean any contribution, including in-kind, gift,

loan, advance or deposit of money or anything of value made to a covered

entity unless such donation is deposited into an account the funds of

which are not used for making expenditures for covered communications.

(e) "Reporting period" shall mean the six month period within a

calendar year starting January first and ending June thirtieth or the

six month period within a calendar year starting July first and ending

December thirty-first.

2. Disclosure of expenditures for covered communications. (a) Any

covered entity that makes expenditures for covered communications in an

aggregate amount or fair market value exceeding ten thousand dollars in

a calendar year shall file a financial disclosure report with the

department of state. The financial disclosure report shall include:

(i) the name and address of the covered entity that made the

expenditure for covered communications;

(ii) the name or names of any individuals who exert operational or

managerial control over the covered entity. The disclosures required by

this paragraph shall include the name of at least one natural person;

(iii) a detailed description of the covered communication;

(iv) the dollar amount paid for each covered communication, the name

and address of the person or entity receiving the payment, and the date

the payment was made; and

(v) for any restricted donation received by the covered entity in

whole or in part for the support of the covered communication, the name

and address of any individual, corporation, association, or group that

made a donation to the covered entity and the date of such donation, and

the amount of the donation, together with a description of any

restriction.

(b) The covered entity shall file a financial disclosure report with

the department of state within thirty days of the close of a reporting

period.

3. Public disclosure of funding disclosure reports. The department of

state shall promulgate any regulations necessary to implement these

requirements and shall publish on the department's website the reports

of covered communications required by this section. Such publishing

shall not include the names and addresses of individual donors to

covered entities, nor shall such publishing include the covered entity's

Internal Revenue Service Form 990 Schedule B. Such report shall not be

made public pursuant to this section if, based upon a review of the

relevant facts presented by the covered entity, such disclosure may

cause harm, threats, harassment, or reprisals to the source of the

donation or to individuals or property affiliated with the source of the

donation. The covered entity may appeal the secretary's determination

and such appeal shall be heard by a judicial hearing officer who is

independent and not affiliated with or employed by the department of

state, pursuant to regulations promulgated by the department of state.

The reports subject to disclosure pursuant to this section that are the

subject of such appeal pursuant to this section shall not be made public

pending final judgment on appeal.

4. If a covered entity's annual report filed pursuant to section one

hundred seventy-two-b of this article does not include a completed

Internal Revenue Service Form 990 schedule B, the entity shall in

addition to filing a disclosure with the department of law, also file

with the department of state a complete Internal Revenue Service Form

990 schedule B, regardless of whether such form is submitted or required

to be submitted to the Internal Revenue Service.

§ 173 — Professional fund-raisers, commercial co-venturers and fund raising counsel

Professional fund-raisers, commercial co-venturers and fund

raising counsel. 1. Registration and bond required. No person shall act

as a professional fund raiser or fund raising counsel on behalf of a

charitable organization required to be registered pursuant to this

article before registering with the attorney general or after the

expiration or cancellation of such registration or any renewal thereof.

Applications for registration and re-registration shall be in writing,

under oath, in the form prescribed by the attorney general and shall be

accompanied by an annual fee in the sum of eight hundred dollars. A

professional fund raiser shall at the time of filing each application

for registration or re-registration, file with, and have approved by,

the attorney general a bond. In said bond, the filer shall be the

principal obligor, in the sum of ten thousand dollars, with one or more

sureties whose liability in the aggregate as such sureties will at least

equal the said sum. The bond which may be in the form of a rider to a

larger blanket liability bond shall run to the attorney general for the

use of the state and to any person who may have a cause of action

against the obligor of said bond for any malfeasance or misfeasance in

the conduct of such solicitation. Registration or re-registration when

effected shall be for a period of one year, expiring one year from the

date of registration or re-registration and may be renewed upon written

application, under penalties for perjury, in the form prescribed by the

attorney general and the filing of the bond and the fee prescribed

herein for each additional one year period. Applications for

registration and re-registration and bonds, when filed with the attorney

general, shall become public records of the attorney general. If there

is any material change in the information provided in any such

application for registration or re-registration, the applicant or

registrant shall notify the attorney general, under penalties for

perjury, in writing within twenty days of such change.

2. Books and records. A professional fund raiser, commercial

co-venturer and fund raising counsel shall maintain accurate and current

books and records of all activities conducted pursuant to contracts

required under section one hundred seventy-three-a of this article;

which, until at least three years shall have elapsed after the end of

the effective period of the contract to which they relate, shall be kept

in such person's office available for inspection and examination and/or

audit by the charitable organization and/or attorney general or any duly

authorized representative. Provided, however, that any such books and

records obtained by the attorney general shall not be available to the

public for inspection. A professional fund raiser, commercial

co-venturer and fund raising counsel shall, within seven days of a

request of any charitable organization with which it has contracted,

provide copies of such records to the charitable organization.

3. Violations. Any person who wilfully violates the provisions of this

section is guilty of a misdemeanor.

§ 173-a — Contracts of professional fund raisers, fund raising counsel and commercial co-venturers; closing statements; final accountings

Contracts of professional fund raisers, fund raising counsel

and commercial co-venturers; closing statements; final accountings. 1.

No person shall act as a professional fund raiser, fund raising counsel

or commercial co-venturer before he has a written contract with the

charitable organization or other person benefitting from his services. A

professional fund raiser or fund raising counsel shall within ten days

after its execution by the parties thereto file with the attorney

general a copy of each contract entered into between such professional

fund raiser or fund raising counsel and a charitable organization

required to be registered pursuant to this article, certified under

penalties for perjury by said professional fund raiser or fund raising

counsel to be a true and correct copy of such contract. When the

services to be performed under such contracts include the oral

solicitation of funds from the public, such oral presentations shall be

deemed to be part of the contract and shall be reduced to a writing

which in the case of a professional fund raiser shall be filed with the

attorney general by the registrant at the time such contracts are filed.

If there is any change in the presentation filed with the attorney

general, the registrant shall notify the attorney general in writing

within five days of such change. No services shall be performed under

such a contract until the professional fund-raiser shall have received

an acknowledgement from the attorney general of the receipt of a copy of

such contract or such contract shall have been on file with the attorney

general for at least fifteen days, whichever is shorter. Provided,

however, that no services shall be performed pursuant to such contract

if, within fifteen days of filing, the attorney general has notified the

professional fund raiser or fund raising counsel and the charitable

organization of any deficiencies in the contract and/or the registration

and filing under this article. True and correct copies of such contracts

shall be kept on file in the offices of the charitable organization and

the professional fund raiser, fund raising counsel or commercial

co-venturer during the term thereof and until the expiration of a period

of three years subsequent to the date the solicitation of contributions

provided for therein actually terminates. Within ninety days after the

termination of any such contract, the professional fund raiser shall

file with the attorney general a closing statement, signed under

penalties for perjury by all parties to the contract on forms prescribed

by the attorney general. Such statement shall disclose gross revenue,

all expenditures incurred in the performance of the contract, and all

funds paid to the professional fund raiser and charitable organization.

In the event that a contract term is longer than a one year period, the

professional fund raiser shall file an interim statement, at least

annually. No person shall act as a sub-contractor on behalf of another

professional fund raiser prior to obtaining a written contract with such

professional fund raiser and written consent from the charity on whose

behalf fundraising activities are to be conducted pursuant to such

contract, and such written consent shall have been attached to such

contract and filed with the attorney general pursuant to subdivision one

of this section. Willful violation of this section shall be a

misdemeanor.

2. Every contract between a professional fund raiser and a charitable

organization shall contain or shall be deemed to contain a provision

that within five days of receipt by the professional fund raiser or any

other person the gross revenue received from any solicitation shall be

deposited in a bank account under the exclusive control of the charity.

3. Within ninety days after the termination of a sales promotion

advertised to benefit a charitable organization, a commercial

co-venturer shall provide such organization with an accounting stating

the number of items sold, the dollar amount of each sale and the amount

paid or to be paid to the charitable organization. In the event that any

such sales promotion is longer than a one year period, the commercial

co-venturer shall provide the charitable organization with an interim

report, at least annually.

4. A charitable organization which enters into a contract with a

commercial co-venturer shall file with the attorney general on the date

that the next financial report is due to be filed the following

information on forms prescribed by the attorney general and signed under

penalties for perjury by an officer: (a) a list of the names and

addresses of all commercial co-venturers authorized by the charitable

organization to use its name during the year covered by that financial

report and, if known, during the year following the year covered by the

financial report, (b) a statement of the financial terms and any

conditions of each co-venture contract, and (c) a statement whether each

commercial co-venturer has provided the charitable organization with an

accounting as prescribed by subdivision three of this section.

§ 173-b — Professional solicitor

Professional solicitor. 1. Registration required. No person

shall act as a professional solicitor in the employ of a professional

fund raiser required to register pursuant to section one hundred

seventy-three of this article before he or she has registered with the

attorney general or after the expiration or cancellation of such

registration or any renewal thereof. Application for registration or

re-registration shall be in writing and signed under penalties for

perjury in the form prescribed by the attorney general and shall be

accompanied by a fee in the sum of eighty dollars. Such registration or

re-registration when effected shall be for a period of one year,

expiring one year from the date of such registration or re-registration,

and may be renewed upon written application, signed under penalties for

perjury, in the form prescribed by the attorney general and the payment

of the fee prescribed herein, for additional one year periods.

Applications for registration and re-registration, when filed with the

attorney general, shall become public records in the office of the

attorney general.

2. Limitations upon professional solicitors for law enforcement

support organizations. No person or professional solicitor, in the

course of soliciting or collecting funds on behalf of any law

enforcement support organization, shall engage in any acts prohibited by

subdivision seventeen of section one hundred seventy-two-d of this

article, or by paragraph (h) of subdivision two of section one hundred

seventy-five of this article, provided, however, that no criminal

liability shall attach to any law enforcement support organization or

its officers because of the activities of any professional solicitor

employed on behalf of such organization.

3. Violations. Any person who wilfully violates the provisions of this

section is guilty of a misdemeanor.

§ 173-c — Non-resident professional fund raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secreta...

Non-resident professional fund raisers, fund raising counsel,

professional solicitors and commercial co-venturers; designation of

secretary of state as agent for service of process; service of process.

1. Any professional fund raiser, fund raising counsel, professional

solicitor or commercial co-venturer resident or whose principal place of

business is without the state or organized under and by virtue of the

laws of another or foreign state, who or which has been engaged by or on

behalf of any charitable organization to conduct any fund raising

activities in this state and/or solicit contributions from people in

this state shall be deemed to have irrevocably appointed the secretary

of state as the agent upon whom may be served any summons, subpoena,

subpoena duces tecum, other process or notice directed to such

professional fund raiser, fund raising counsel, professional solicitor,

commercial co-venturer or any partner, principal, officer, or director

thereof, in any action or proceeding brought by the attorney general or

any other party under the provisions of this section. Any such

professional fund raiser, fund raising counsel, professional solicitor

or commercial co-venturer may file with the secretary of state a

designation, in terms complying herewith, duly acknowledged, irrevocably

appointing the secretary of state as the agent upon whom may be served

any such process; provided, however, that a designation filed with the

secretary of state pursuant to section three hundred fifty-two-a of the

general business law, section thirteen hundred four of the

not-for-profit corporation law, or section thirteen hundred four of the

business corporation law shall serve also as such designation.

2. Service of such process or notice upon the secretary of state shall

be made by personally delivering to and leaving with the secretary of

state or any person authorized by the secretary of state to accept such

service a copy thereof at the office of the department of state in the

city of Albany, and such service shall be sufficient service provided

that notice of such service and a copy of such process are forthwith

sent by the attorney general or other party as the case may be to such

professional fund raiser, fund raising counsel, professional solicitor

or commercial co-venturer by certified mail with return receipt

requested, at the office address as set forth in the registration form

required to be filed with the attorney general pursuant to sections one

hundred seventy-three and one hundred seventy-three-b of this article,

or in default of the filing of such form, at the last address known to

the attorney general or other party. Service of such process shall be

complete ten days after the receipt by the attorney general or other

party of a return receipt purporting to be signed by the addressee or a

person qualified to receive the addressee's certified mail, in

accordance with the rules and customs of the post office department, or,

if acceptance was refused by the addressee or the agent, ten days after

the return to the attorney general or other party of the original

envelope bearing a notation by the postal authorities that receipt

thereof was refused.

§ 174 — Solicitation by unregistered charitable organizations, professional fund-raisers or commercial co-venturers a fraud upon the people of th...

Solicitation by unregistered charitable organizations,

professional fund-raisers or commercial co-venturers a fraud upon the

people of the state. 1. No charitable organization shall employ any

professional fund raiser or commercial co-venturer unless and until such

fund raiser or commercial co-venturer is registered pursuant to this

article. Any such contract of employment shall be voidable at the option

of the charitable organization.

2. No professional fund raiser or commercial co-venturer shall enter

into any contract or raise any funds for any organization required to be

registered pursuant to this article unless such charitable organization

actually so registered.

3. No professional fund raiser required to be registered under this

article shall employ any professional solicitor who is not registered in

accordance with this article.

4. In addition to all other remedies provided by law the attorney

general may bring an action to enjoin the violation of the provisions of

this section. The attorney general may give notice of at least fifteen

days in writing by registered or certified mail to the organization,

person or persons violating the provisions hereof, requiring that

registration be accomplished or that the solicitation funds be

immediately terminated. The failure to immediately discontinue

solicitation or to register in accordance with the provisions of this

article within fifteen days of service of such notice shall be deemed to

be a continuing fraud upon the people of the state of New York.

§ 174-a — Contracts with charitable organizations

Contracts with charitable organizations. 1. Whenever a

charitable organization contracts with a professional fund raiser or

fund raising counsel or commercial co-venturer, the charitable

organization shall have the right to cancel the contract without cost,

penalty, or liability for a period of fifteen days following the date on

which said contract is filed with the attorney general pursuant to the

provisions of this article, regardless of the date of execution of said

contract. Any provision in the contract that is intended to waive this

right of cancellation shall be void and unenforceable.

2. A charitable organization may cancel a contract signed pursuant to

subdivision one of this section by a written notice of cancellation. If

given by mail, cancellation shall be deemed effective when deposited in

a mailbox, properly addressed and postage prepaid. The notice shall be

sufficient if it states that the charitable organization does not intend

to be bound by the contract.

3. Whenever a charitable organization cancels a contract pursuant to

the provisions of this section, it shall mail a duplicate copy of the

notice of cancellation to the attorney general, at the address

designated for that purpose.

4. Every contract entered into pursuant to subdivision one of this

section shall contain, in a conspicuous typeface:

(a) a concise, accurate statement of the charitable organization's

right to cancel;

(b) a concise, accurate statement of the period during which the

contract may be cancelled;

(c) the address to which the notice of cancellation is to be sent;

(d) the address of the attorney general to which a duplicate of the

notice of cancellation is to be sent; and

(e) a clear statement of the financial arrangement including, if

applicable, a statement of the percentage of the total funds collected

on behalf of the charitable organization which shall be paid to the

professional fund raiser or any other person for purposes other than the

exclusive benefit of the charitable organization.

5. Any funds collected by any professional fund raiser, fund raising

counsel, professional solicitor, commercial co-venturer, charitable

organization or any other person in violation of this section shall be

deemed to be held in trust for the benefit of the charitable

organization without deduction for costs or expenses of any nature. A

charitable organization shall be entitled to recover all funds collected

in violation of this section together with costs, disbursements and

allowances.

6. The failure of a professional fund raiser, fund raising counsel or

commercial co-venturer to immediately discontinue solicitation or any

other fund raising activity upon receipt of a notice of cancellation in

accordance with the provisions of this article within fifteen days of

the cancellation of the contract shall be deemed to be a continuing

fraud upon the people of the state of New York.

7. In addition to all other remedies provided by law the attorney

general may bring an action to enjoin the violation of the provisions of

this section and to recover restitution, damages, costs and attorneys

fees.

§ 174-b — Solicitation

Solicitation. 1. Any solicitation, by any means, including

but not limited to oral solicitation, by or on behalf of a registered

charitable organization which is required to file financial reports

pursuant to this article and has filed all such reports, shall include

therein a statement that upon request, a person may obtain from the

organization or from the charities registry on the attorney general's

website, a copy of the last financial report filed by the organization

with the attorney general. Such statement shall specify the address of

the organization and the address of the attorney general, to which such

request should be addressed and in the case of a written solicitation,

must be placed conspicuously in the material with print no smaller than

ten point bold face type or, alternatively, no smaller than the size

print used for the most number of words in the statements. Provided,

however, such statement need not be made where the space for a printed

advertisement or promotional time in any media has been donated or made

available to the charitable organization at no cost and such space or

time does not reasonably permit inclusion of such statement.

2. Any solicitation used by or on behalf of any charitable

organization shall include:

(a) a clear description of the programs and activities for which it

has requested and has expended or will expend contributions or shall

include therein a statement that, upon request, a person may obtain from

the organization such a description; and

(b) a statement identifying the website and telephone number of the

New York state office of the attorney general where an individual can

receive information on charitable organizations.

(c) If the solicitation is by an institution subject to article five-A

of the not-for-profit corporation law, and is for an endowment fund, the

solicitation must include a statement that, unless otherwise restricted

by the gift instrument pursuant to paragraph (b) of section five hundred

fifty-three of the not-for-profit corporation law, the institution may

expend so much of an endowment fund as it deems prudent after

considering the factors set forth in paragraph (a) of section five

hundred fifty-three of the not-for-profit corporation law.

3. In addition to any other disclosure required by law, any

solicitation by any means by a professional fund raiser or professional

solicitor on behalf of a charitable organization required to be

registered pursuant to this article shall clearly and unambiguously

disclose:

(a) the name of the professional fund raiser as on file with the

attorney general and that the solicitation is being conducted by a

professional fund raiser;

(b) the name of the individual professional solicitor as on file with

the attorney general and that the individual is receiving compensation

for conducting the solicitation; and

(c) a statement identifying the website and telephone number of the

office of the attorney general where an individual can receive

information on charitable organizations.

4. If any charitable organization makes contributions to another

organization which is not its affiliate as defined by paragraph (b) of

subdivision four of section one hundred seventy-two-b of this article,

such solicitation shall include a statement that such contributions have

been made and that a list of all organizations which have received

contributions during the past twelve months from the soliciting

organization may be obtained from that organization provided, however, a

united way, federated fund or incorporated community appeal, by or

through which a donation is merely transferred to a charity selected by

the donor, need not include such donor selected organizations in the

list.

5. A charitable organization shall comply with all requests made

pursuant to subdivisions two and four of this section within fifteen

days of their receipt. In the event that a charitable organization

required to register pursuant to this article has not previously been

required to file an annual report with the attorney general, the

solicitation shall state the date when such report will be filed.

Provided, however, that no additional solicitation shall be permitted by

charitable organizations until an annual report is filed, if the report

is delayed beyond one year.

§ 174-c — Sales advertised to benefit a charitable organization

Sales advertised to benefit a charitable organization. All

advertising, of every kind and nature, that a sale of goods, services,

entertainment or any other thing of value will benefit a charitable

organization shall set forth the anticipated portion of the sales price,

anticipated percentage of the gross proceeds, anticipated dollar amount

per purchase, or other consideration or benefit the charitable

organization is to receive. Provided, however, that advertising for

sales by a charitable organization that has not used the services of a

professional fund raiser or commercial co-venturer in any way for the

sale shall not be subject to the requirement of this section.

§ 174-d — Unauthorized use of names when soliciting or collecting contributions

Unauthorized use of names when soliciting or collecting

contributions.

1. No person shall, for the purpose of soliciting contributions from

persons in this state, use the name of any other person, except that of

an officer, director or trustee of the charitable organization by or for

which contributions are solicited, without the written consent of such

other person.

2. A person shall be deemed to have used the name of another person

for the purpose of soliciting contributions if such latter person's name

is listed on any stationery, advertisement, brochure or correspondence

in or by which a contribution is solicited by or on behalf of a

charitable organization or his name is listed or referred to in

connection with a request for a contribution as one who has contributed

to, sponsored or endorsed the charitable organization or its activities.

3. Nothing contained in this section shall prevent the publication of

names of contributors without their written consents, in an annual or

other periodic report issued by a charitable organization for the

purpose of reporting on its operations and affairs to its membership or

for the purpose of reporting contributions to contributors.

4. A violation of this section shall be a misdemeanor.

§ 175 — Enforcement by attorney general

Enforcement by attorney general. 1. An action for violation of

this article may be prosecuted by the attorney general, or his deputy,

in the name of the people of the state, and in any such action, the

attorney general or his deputy, shall exercise all the powers and

perform all duties which the district attorney would otherwise be

authorized to exercise or to perform therein.

2. In addition to any other action or proceeding authorized by law and

any action or proceeding by the attorney general, the attorney general

may bring an action or special proceeding in the supreme court, in the

name and in behalf of the people of the state of New York, against a

charitable organization and any other persons acting for it or in its

behalf to enjoin such organization and/or persons from continuing the

solicitation or collection of funds or property or engaging therein or

doing any acts in furtherance thereof, and to cancel any registration

statement previously filed with the attorney general pursuant to this

article and for an order awarding restitution and damages, penalties and

costs; and removing any director or other person responsible for the

violation of this article; dissolving a corporation and other relief

which the court may deem proper, whenever the attorney general shall

have reason to believe that the charitable organization or other person:

(a) is violating or has violated any of the provisions of this

article;

(b) has refused or failed, or any of its principal officers has

refused or failed, after notice, to produce any records of such

organizations;

(c) is employing or about to employ, or there is employed or about to

be employed, in any solicitation or collection of funds or other

property for such organization, any device, scheme or artifice to

defraud or for obtaining money or property by means of a false pretense,

representation or promise;

(d) has made a material false statement in an application,

registration or statement required to be filed pursuant to this article;

(e) (i) has failed or is failing to apply the funds solicited from the

public in a manner substantially consistent with its charitable purposes

or solicitation or has engaged in repeated fraudulent or illegal

activities, acts or conduct in connection with the solicitation for

charitable purposes; (ii) or, in the case of a law enforcement support

organization, has failed or is failing to apply the funds solicited from

the public in a manner substantially consistent with the purposes of the

solicitation or has engaged in repeated fraudulent or illegal

activities, acts or conduct in connection with the solicitation for

purposes of the law enforcement support organization;

(f) violates any order or determination made by the attorney general

pursuant to the provisions of this article;

(g) has used or intends to use false or materially misleading

advertising or promotional material in connection with any solicitation

or with any commercial co-venture or fails to disclose the information

required to be disclosed pursuant to section one hundred seventy-four-b

of this article; or

(h) is a law enforcement support organization and is employing or

about to employ, or there is employed or about to be employed, in any

solicitation or collection of funds or other property for such

organization, any device, scheme or artifice to defraud or for obtaining

money or property by means of a false pretense, representation or

promise which shall include, without limitation, making any of the

following representations: (i) that professional fund raisers or

solicitors are police officers or employees of any law enforcement

agency, (ii) that funds collected will be used to aid widows and

children of police officers slain in the line of duty or for any other

charitable program unless the organization is actually engaged in such a

program, (iii) that contributors will receive special benefits from

police officers, and (iv) that contributions are tax deductible as a

charitable contribution or as a business expense unless they so qualify

under the applicable provisions of the internal revenue code.

In connection with such proposed action or proceeding the attorney

general is authorized to take proof, issue subpoenas and administer

oaths in the manner provided in the civil practice law and rules.

3. Upon a showing by the attorney general in an application for an

injunction that any person engaged in solicitation has been convicted in

this state or elsewhere of a felony or of a misdemeanor involving the

misappropriation, misapplication or misuse of the money or property of

another, and who has not, subsequent to such conviction, received

executive pardon therefor or a certificate of relief from disabilities

or a certificate of good conduct pursuant to article twenty-three of the

correction law, the supreme court, after a hearing, may enjoin such

person from engaging in any solicitation.

4. The attorney general may exercise the authority granted in this

section against any charitable organization which operates under the

guise or pretense of being an organization exempted by the provisions of

section one hundred seventy-two-a of this article and is not in fact an

organization entitled to such an exemption.

5. Whenever the attorney general shall have reason to believe that any

professional fund-raiser, fund raising counsel, professional solicitor

or commercial co-venturer is operating in violation of the provisions of

this article, or has made any false statement in any application,

registration or statement required to be filed pursuant to this article,

or if any professional fund-raiser, fund raising counsel, or commercial

co-venturer has refused or failed, after notice, to produce any records

demanded of him, or there is employed or is about to be employed in any

solicitation or collection of contributions for a charitable or

religious organization any device, scheme or artifice to defraud or for

obtaining money or property by means of any false pretense,

representation or promise, in addition to any other action or proceeding

authorized by law, he may bring in the supreme court an action or

proceeding in the name, and on behalf, of the people of the state of New

York against such professional fund-raiser, fund raising counsel,

commercial co-venturer, professional solicitor, and any other person who

has participated or is about to participate in such solicitation or

collection by employing such device, scheme, artifice, false

representation or promise, to enjoin such professional fund-raiser, fund

raising counsel, commercial co-venturer, professional solicitor, or

other person from continuing such solicitation or collection or engaging

therein or doing any acts in furtherance thereof, or to cancel any

registration statement previously filed with the attorney general.

6. Whenever the attorney general has determined to commence an action

under this article, he may present to any justice of the supreme court,

before beginning such action, an application in writing for an order

directing the person or persons mentioned in the application to appear

before the justice of the supreme court or referee designated in such

order and answer such questions as may be put to them or to any of them,

or to produce such papers, documents and books concerning the practices

to which the action which he has determined to bring relates, and it

shall be the duty of the justice of the supreme court to whom such

application for the order is made to grant such application. The

application for such order made by the attorney general may simply show

upon his information and belief that the testimony of such person or

persons is material and necessary. The provisions of the civil practice

law and rules relating to an application for an order for the

examination of witnesses before the commencement of an action and the

method of proceeding on such examination, shall not apply except as

herein prescribed. The order shall be granted by the justice of the

supreme court to whom the application has been made with such

preliminary injunction or stay as may appear to such justice to be

proper and expedient and shall specify the time when and place where the

witnesses are required to appear. The justice or referee may adjourn

such examination from time to time and witnesses must attend

accordingly. The testimony of each witness must be subscribed by him and

all must be filed in the office of the clerk of the county in which such

order for examination is filed. The order for such examination must be

signed by the justice making it and service of a copy thereof with an

endorsement by the attorney general signed by him or his deputy, to the

effect that the person named therein is required to appear and be

examined at the time and place and before the justice or referee

specified in such endorsement, shall be sufficient notice for the

attendance of witnesses. Such endorsement may contain a clause requiring

such person to produce at such examination all books, papers and

documents in his possession or under his control relating to the subject

of such examination. The order shall be served upon the person named in

the endorsement aforesaid by showing him the original order and

delivering to and leaving with him at the same time a copy thereof,

endorsed as above provided, and by paying or tendering to him the fee

allowed by law to witnesses subpoenaed to attend trials of civil actions

in any court of record in this state.

7. In addition to any other action authorized by law, the attorney

general may bring an action or special proceeding in the supreme court

to recover any civil penalties assessed by the attorney general.

8. Nothing contained in section one hundred seventy-seven of this

article shall prevent, limit, restrict, impede or delay the attorney

general from instituting, at any time, any action or proceeding

authorized by the provisions of this article or any other appropriate

law, as he may deem necessary.

§ 175-a — Application of article

Application of article. This article shall not be construed

to limit or restrict the exercise of the powers or the performance of

the duties of the attorney general or district attorney which they

otherwise are authorized to exercise or perform under any other

provision of law.

§ 175-b — Municipal option

Municipal option. Nothing contained in this article shall be

construed to prevent any municipality from adopting or enacting any

local law, ordinance or regulation imposing more restrictive

requirements for the solicitation of contributions for law enforcement

support organizations, provided, however, that nothing permitted by this

section shall be construed to modify or be inconsistent with the legal

standards in this article that are applicable to individuals and

organizations other than law enforcement support organizations and

professional fund raisers and solicitors which are employed by such law

enforcement support organizations even when such other individuals and

organizations act jointly and together with such law enforcement support

organizations.

§ 176 — Advisory council

Advisory council. The advisory council on charities

registration is continued. It shall advise the attorney general and make

recommendations with respect to the operation and administration of this

article with the objective of assuring maximum simplicity in the

conformance of charitable organizations with the provisions of this

article. The council shall consist of not fewer than five nor more than

ten members. The members of the advisory council now in office shall

continue to hold office for the remainder of the terms to which they

were appointed and thereafter until their successors are appointed. The

attorney general shall designate the chairman of the council and may

appoint additional and successor members and fix their terms of office.

The members shall serve without compensation but shall be allowed their

actual and necessary expenses incurred in the performance of their

duties hereunder.

§ 177 — Administration and enforcement by attorney general

Administration and enforcement by attorney general. 1. The

attorney general shall make rules and regulations necessary for the

administration of this article including, but not limited to regulations

and waiver procedures that will ensure that charitable organizations do

not have to register twice in relation to the solicitation and

administration of assets, and rules or regulations allowing or requiring

any submission to the attorney general to be effected by electronic

means.

2. Upon a finding by the attorney general that any person has

committed or is committing a violation of any provision of this article,

the attorney general may:

(a) revoke, suspend or deny a registration of a charitable

organization, professional fund raiser, professional solicitor or fund

raising counsel or deny or revoke a claim of exemption or issue an order

directing a charitable organization, professional fund raiser,

professional solicitor, fund raising counsel or commercial co-venturer

to cease and desist specified fund raising activities; and

(b) assess a civil penalty against the violator of not more than one

thousand dollars for each act or omission constituting a violation and

an additional penalty of not more than one hundred dollars for each day

during which such violation continues. Prior to assessing a civil

penalty, the attorney general shall notify the violator in writing by

certified mail to its last known business address that a civil penalty

will be assessed pursuant to this section unless the violation is cured

within thirty days of the date of the mailing of the notice.

3. The attorney general shall, before denying, revoking or suspending

any registration or exemption, or issuing a cease and desist order or

assessing a civil penalty, notify the applicant or registrant in writing

and provide an opportunity for a hearing on a record in reference

thereto in accordance with such rules as the attorney general may

promulgate to effectuate the purposes of this article. Such written

notice may be served by personal delivery to the applicant or registrant

or by registered or certified mail to its last known business address.

Hearings must be requested within twenty days of receipt of the notice

from the attorney general. Any hearing shall be held within thirty days

of the receipt of the request by the attorney general, at such time and

place as the attorney general shall prescribe. The attorney general, or

his or her designee may issue subpoenas in accordance with the civil

practice law and rules, compel the attendance of witnesses at the

hearing, administer oaths, take proof and make determinations of

relevant facts. The respondent may appear at the hearing and may

cross-examine all witnesses and produce evidence on his or her behalf.

The attorney general or his or her designee shall not be bound by the

rules of evidence during the conduct of the hearing. A final

determination shall be made by the attorney general or his or her

designee within ten days of the conclusion of the hearing. The attorney

general shall serve a copy of such determination or order upon the

registrant or applicant personally or by registered or certified mail at

his or her last known business address.

4. The administrative remedies provided by this article shall not be

applicable to any violation of this article which is or was the subject

of any action or proceeding brought by the attorney general.

ARTICLE 8 Division of Budget

§ 180 — Division of the budget; director; general duties

Division of the budget; director; general duties. The head of

the division of the budget shall be the director of the budget who shall

be appointed by the governor and hold office during his pleasure. He

shall receive a salary to be fixed by the governor within the amount

appropriated therefor. It shall be the duty of the director of the

budget to assist the governor in his duties under the constitution and

laws of the state respecting the formulation of the budget and the

correlating and revising of estimates and requests for appropriations of

the civil departments, and also to assist the governor in his duties

respecting the investigation, supervision and coordination of the

expenditures and other fiscal operations of such department. The

director, subject to rules prescribed by the governor, may appoint and

fix the compensation of subordinates and employees of the division

within the amounts appropriated therefor.

§ 181 — Tax expenditure reporting

Tax expenditure reporting. 1. Definitions. For the purposes of

this section, the following definitions shall apply:

(a) "Tax expenditures" shall mean features of the tax law that by

exemption, exclusion, deduction, allowance, credit, preferential tax

rate, deferral, or other statutory device, reduce the amount of

taxpayers' liabilities to the state by providing either economic

incentives or tax relief to particular classes of persons or entities,

to achieve a public purpose.

(b) "Cost of tax expenditure" shall mean the aggregate, estimated

amount by which a tax expenditure reduces taxpayers' liabilities to the

state on a taxable year basis, or on a calendar year basis if a taxable

year basis is not appropriate.

2. Annual tax expenditure report. In addition to the information

required by article seven of the constitution and section twenty-two of

the state finance law, the governor shall submit to the legislature, as

early as practicable, but no later than thirty days after submitting the

budget, a tax expenditure report containing the following information

and statements relating to tax expenditures in articles nine (other than

section one hundred eighty), nine-A, thirteen-A, twenty-two,

twenty-eight, thirty-one, thirty-two and thirty-three of the tax law:

(a) an enumeration of such tax expenditures;

(b) the provisions of law authorizing such tax expenditures, their

effective dates, and, if applicable, the dates on which such tax

expenditures expire or are reduced;

(c) if reliable data are available, estimates prepared by the

commissioner of taxation and finance, in conjunction with the director

of the budget, of the cost of such tax expenditures for the (i) current

taxable or calendar year and (ii) the five preceding years;

(d) any recommendations of the governor regarding continuing,

modifying, or repealing such tax expenditures, and such other

information regarding tax expenditures as the executive may feel useful

and appropriate;

(e) if the governor's budget includes proposals for the expiration,

modification, or repeal of such tax expenditures or for the addition of

tax expenditures in or to such articles or such law, such report shall

also contain, to the extent reliable data are available, an analysis of

the number and types of persons and entities benefiting or expected to

benefit from such tax expenditures, an estimate of the costs of such tax

expenditures for the coming fiscal year, and an explanation of the

reasons for the proposals;

(f) comment, if any, on the effectiveness and efficiency of other tax

expenditures; and

(g) general cautionary and advisory notes concerning limitations of

data, estimation procedures, sampling errors and imputed values,

prominently displayed.

3. Any information relating to tax expenditures furnished by the

commissioner of taxation and finance shall be furnished in accordance

with the secrecy provisions of the tax law.

§ 182 — Diversion of funds dedicated to public transportation systems to the general fund of the state or to any other purpose, is prohibited

Diversion of funds dedicated to public transportation systems

to the general fund of the state or to any other purpose, is prohibited.

1. For the purposes of this section, the term "public transportation

system" shall mean any public benefit corporation constituting a

transportation authority which provides or contracts for the provision

of, under joint support arrangements, mass transportation services, or a

subsidiary thereof, or any county or city which provides or contracts

for the provision of, pursuant to section one hundred nineteen-r of the

general municipal law, mass transportation services.

2. The director of the budget shall be prohibited from diverting

revenues derived from taxes and fees paid by the public into any fund

created by law including, but not limited to sections eighty-eight-a,

eighty-nine-c and ninety-two-ff of the state finance law and chapter

twenty-five of the laws of two thousand nine for the purpose of funding

public transportation systems into the general fund of the state or into

any other fund maintained for the support of another governmental

purpose. No diversion of funds can occur contrary to this section by an

administrative act of the director of the budget or any other person in

the executive branch.

3. If any diversion of funds occurs by passage of legislation during a

regular or extraordinary session of the legislature, the director of the

budget shall create and include with the budget or legislation diverting

funds, a diversion impact statement which shall include the following

information:

(a) The amount of the diversion from dedicated mass transit funds;

(b) The amount diverted from each fund;

(c) The amount diverted expressed as current monthly transit fares;

(d) The cumulative amount of diversion from dedicated mass transit

funds during the preceding five years;

(e) The date or dates when the diversion is to occur; and

(f) A detailed estimate of the impact of diversion from dedicated mass

transit funds will have on the level of public transportation system

service, maintenance, security, and the current capital program.

§ 183 — Diversion of funds dedicated to the Niagara frontier transportation authority to the general fund of the state is prohibited

Diversion of funds dedicated to the Niagara frontier

transportation authority to the general fund of the state is prohibited.

The director shall be prohibited from diverting revenues derived from

taxes and fees paid by the public into any fund created by law

including, but not limited to section ninety-nine-h of the state finance

law, as amended by chapter seven hundred forty-seven of the laws of two

thousand six, for the purpose of funding the Niagara frontier

transportation authority and any of its subsidiaries into the general

fund of the state or into any other fund maintained for the support of

another governmental purpose. No diversion of funds can occur contrary

to this section by an administrative act of the director or any other

person in the executive branch unless the governor declares a fiscal

emergency, and communicates such emergency to the temporary president of

the senate and speaker of the assembly, and a statute is enacted into

law authorizing a diversion that would otherwise be prohibited by this

section.

ARTICLE 9 Division of Military and Naval Affairs

§ 190 — Division of military and naval affairs

Division of military and naval affairs. 1. Notwithstanding the

provisions of any other law, the head of the division of military and

naval affairs shall be the adjutant general who shall be appointed by

the governor and who, except when any one of such officers shall be in

the active service of the United States, shall be the commanding general

of the New York army national guard, the commander of the New York air

national guard or the commanding officer of the New York naval militia.

The governor may exercise and perform his functions, powers and duties

as commander-in-chief of the militia of the state in whole or in part

through such division.

2. The division of military and naval affairs shall include the

organized militia; the state reserve list; the state retired list; all

offices, headquarters, units, forces, commands, arsenals, depots,

armories, bureaus, agencies, bases, camps, ranges, and other military

(including air) and naval activities, property, installations,

structures, facilities and functions of the state and all military

(including air), naval and civilian personnel who may be serving or

employed therein.

3. The organization of the present office of the chief of staff is

continued as part of the division of military and naval affairs. The

powers and duties of such office and the bureaus thereof shall be

exercised and performed under the supervision, direction and control of

the chief of staff, subject to the approval of the adjutant general.

4. The adjutant general is hereby authorized to create, organize,

reorganize, convert, inactivate or disband such other offices,

headquarters, commands, bureaus and agencies for the performance of the

functions of the division as he may deem necessary, within the amount

appropriated therefor.

5. The adjutant general, in conjunction with the department of state,

shall establish and maintain on the division's website a public listing

of all approved not-for-profit corporations soliciting funds for or

otherwise benefiting the armed forces of the United States or of any

foreign country, or their auxiliaries, or of this or any other state or

territory.

§ 191 — Restoration and display of New York state's military battle flags

Restoration and display of New York state's military battle

flags. 1. There is hereby established within the division of military

and naval affairs a temporary advisory committee on the restoration and

display of New York state's military battle flags (hereinafter referred

to as the "committee"). The committee shall have thirteen members as

follows: the adjutant general, the director of the New York state

military heritage museum, the commissioners of education and parks,

recreation and historic preservation and the commissioner of the

department of veterans' services, or their designated representatives,

two members appointed each by the governor, speaker of the assembly and

majority leader of the senate and one member each appointed by the

minority leaders of the senate and assembly and shall serve at the

pleasure of the appointing authority. Appointed members shall include

individuals with experience in restoration of historical memorabilia,

expertise in military history, or a background in historical restoration

or fine arts conservation. No appointed member shall be a member of the

executive, legislative or judicial branch of the state government at the

time of his/her appointment. The advisory committee shall meet at least

four times a year. No members shall receive any compensation, but

members who are not state officials may receive actual and necessary

expenses incurred in the performance of their duties.

2. The primary duties of the committee shall be to conduct a study,

make recommendations regarding the hiring of conservation personnel, and

the commencement of conservation and preservation of all the military

battle flags in the state's possession. The committee shall elect its

own chair, vice-chair and secretary from among its members. The

committee's duties shall include, but not be limited to, conducting a

comprehensive study and preparing a report including an evaluation of

different conservation options, a professional condition report and

options for conservation of individual items in the collection, and

recommendations regarding the display and storage of the collection. The

committee may:

(a) (i) establish project schedules and timetables; project expenses

including an estimate of total conservation, display interpretation, and

continuing management costs; and propose a budget for the recommended

expenses;

(ii) recommend specific conservation measures;

(iii) obtain a professional condition report and photograph of each

item in the collection; and

(iv) establish a plan for continuing management and conservation.

(b) Recommend hiring consultants as required, subject to budgetary

limitations.

(c) Recommend hiring a professional textile conservator or other

suitable professional to commence the conservation work within budgetary

limitations under the supervision of New York State's Military Heritage

museum curator.

(d) Coordinate and conduct fund raising activities for the

conservation, preservation, interpretation, display and continuing

management of the state's military battle flag collection, including:

(i) soliciting gifts, grants or donations of any kind; and

(ii) soliciting donations from businesses, individuals of all ages and

organizations.

All monetary grants, gifts, or donations, shall be deposited in the

trust fund.

(e) Advise the division of military and naval affairs on matters

related to the restoration and display of the state's military battle

flags.

3. (a) There is hereby established the New York state military battle

flags partnership trust fund (hereinafter referred to as "trust fund" or

"fund"). The fund shall be in the joint custody of the state comptroller

and commissioner of taxation and finance.

(b) Moneys in the fund shall consist of donations and any

appropriations by the legislature to match any such donations. Any

interest received by the comptroller on moneys on deposit in the trust

fund shall be retained in and become part of the trust fund.

(c) Money in the fund may be used for restoration and display of the

state's military battle flags. When all of the state's military battle

flags have been restored and provision has been made for their public

display subject to the approval of the advisory committee, any remaining

funds are to be used as needed for the maintenance and display of the

flags.

(d) The moneys of the fund shall be paid out on the audit and warrant

of the comptroller on vouchers certified or approved by the adjutant

general of the division of military and naval affairs.

4. The committee shall file an annual report of its activities and

provide a full accounting of the New York state military battle flags

partnership trust fund. This report shall be filed with the governor,

the speaker of the assembly and the majority leader of the senate no

later than the end of each state fiscal year.

ARTICLE 10 Office of General Services

§ 200 — Office of general services

Office of general services. There is hereby created an office

of general services in the executive department. The head of the office

of general services shall be the commissioner of general services. He

shall be appointed by the governor by and with the advice and consent of

the senate and hold office during the pleasure of the governor. He shall

receive a salary to be fixed by the governor within the amount

appropriated therefor. Such commissioner, subject to rules prescribed

by the governor, may establish such bureaus or divisions in the office

of general services as he may deem necessary and may appoint such

deputies, directors, assistants and other employees as may be needed for

the performance of his duties and may prescribe their powers and duties

and fix their compensation within the amount appropriated therefor. Such

office may have an office seal. The principal office of the office of

general services shall be in the city of Albany, and branch offices may

be established by direction of the governor, subject to appropriations

for their maintenance.

Such commissioner may adopt, amend or rescind rules and regulations

relating to the discharge of his functions, powers and duties and those

of the office of general services as prescribed by law. Nothing

contained herein shall limit or impair compliance with the requirements

of section one hundred sixty-three of the state finance law, with

respect to rules promulgated by the commissioner pursuant to such

section.

§ 201 — State agency employee vehicle efficiency

State agency employee vehicle efficiency. 1. For the purpose

of this section:

a. "state agency" means any department of the executive, any bureau,

commission, agency, board or other agency, any public authority, and the

judiciary and the legislature.

b. "state office" means any building or facility in the state wherein

one hundred or more employees, in aggregate, of any state agency are

located whether or not such office building or facility is owned, rented

or leased by the state.

2. Each state agency shall institute a program at each state office to

increase the average passenger occupancy per vehicle in commuting trips

between home and the work place. In the area designated as severe

non-attainment for ozone, as designated by the administrator of the

United States environmental protection agency, such increase shall be

not less than twenty-five percent above the average vehicle occupancy

standard for such trips as such standard is established in accordance

with the federal Clean Air Act, 42 U.S.C. Section 7401 et seq., as

amended by Public Law 101-549, November fifteenth, nineteen hundred

ninety, hereinafter referred to as "the Act", and regulations

promulgated pursuant thereto. Where parking for a state agency occurs on

properties under the jurisdiction of the office of general services, the

state agency shall institute such program in consultation with the

commissioner of general services. Where parking for a state office

occurs on properties not controlled by the office of general services,

each state agency shall be solely responsible for instituting such

program. When instituting such a program, a state agency shall take into

account the location of each facility, the availability of mass transit,

and the scheduling of employees at each work site using such facility.

Such program may include designation of parking spaces to be used

exclusively by multiple occupancy vehicles, provided that the number of

such spaces shall be determined with reference to the ability of users

of such facilities to engage in ride-sharing, provided, however, that

the designation of such spaces shall in no way displace handicapped

parking spaces established pursuant to section twelve hundred three-c of

the vehicle and traffic law. A plan for such program shall be completed

on or before November fifteenth, nineteen hundred ninety-five, and

implemented on or before November fifteenth, nineteen hundred

ninety-seven.

3. The provisions of this section shall not exclude any state agency

from any duty or responsibility to implement an employee trip reduction

program pursuant to section 7511a(d)(1)(B) of the Act. To the extent

permitted by the Act, programs instituted under this provision may be

used to comply with the employee trip reduction provisions of section

7511a(d)(1)(B) of the Act. Implementation of this section shall be

consistent with any agreements which may be made as a result of

collective bargaining or other negotiations between the state and its

affected employee unions.

§ 201-a — State clean-fueled vehicle program

State clean-fueled vehicle program. 1. There shall be created

within the office of general services a clean-fueled vehicle program,

with the purpose of acquiring clean-fueled vehicles for state use and

testing and evaluating clean-fueled vehicle technologies.

2. For the purposes of this section, the term "clean-fueled vehicle"

shall mean any motor vehicle as defined in section one hundred

twenty-five of the vehicle and traffic law, that uses electricity,

either stored or generated on-board, as its primary motive force or that

is fueled by compressed natural gas, propane, methanol, hydrogen or

ethanol.

3. The office of general services, in coordination with the New York

state energy research and development authority, and the department of

environmental conservation, shall be responsible for developing a state

clean-fueled vehicle strategy which shall determine how best to

incorporate clean-fueled vehicles into the state fleet. In developing

the strategy, the office of general services shall consider such factors

as: the duty to be performed by the vehicle, the terrain and climate of

the area of the state in which the vehicle is to be used, and other

factors the office of general services, in coordination with the New

York state energy research and development authority and the department

of environmental conservation, deem relevant.

4. The office of general services, in coordination with the New York

state energy research and development authority, the department of motor

vehicles and the department of environmental conservation, shall issue a

report to the governor and the legislature on or before April first,

nineteen hundred ninety-seven setting forth the state's strategy for the

acquisition and utilization of clean-fueled vehicles and shall update

such strategy periodically.

5. Such report shall include, at a minimum, a description of the

state's strategies to promote the use of clean-fueled vehicles by the

general public and in the state fleet. Such strategies shall include:

necessary amendments of state procurement policies to allow and

encourage acquisition of clean-fueled vehicles, development of policy

recommendations to establish incentives for acquisition of clean-fueled

vehicles for use by individuals and private fleets, expeditious review

of policies and procedures identified as barriers to clean-fueled

vehicle introduction, and revision of such policies and procedures as

appropriate. The report shall also assess existing infrastructure,

determine what changes are necessary to support a sustainable

clean-fueled vehicles market and recommend how best to implement those

changes. The report shall assess factors including but not limited to

the following: the availability and viability of existing or developing

technology, sufficient public recharging/refueling capability, standards

for recharging/refueling technologies, utility power quality, vehicle

registration considerations, public outreach and safety training,

battery recycling capability, insurance and liability considerations,

and clean-fueled vehicle acquisition incentives. The report shall also

determine the number of clean-fueled vehicles for immediate use in the

state fleet that can be supported by existing infrastructure.

6. Immediately after submission of the report defined in subdivision

five of this section, the office of general services shall begin a

project to implement the recommendations and strategies of such report.

7. The office of general services shall develop a specific plan to

procure and install necessary infrastructure for a sustainable state

clean-fueled vehicle fleet, including a time frame for such procurement

and installation. In developing such plan, the office of general

services shall consider to the greatest extent possible any steps which

will encourage the utilization of clean-fueled vehicles by the private

sector. The office of general services shall either begin to acquire and

install necessary infrastructure or issue requests for proposals for

such procurement and installation, no later than January first, nineteen

hundred ninety-eight, provided however, that no acquisition of

clean-fueled vehicles, or installation of associated infrastructure,

from the proceeds of bonds issued pursuant to the Clean Water/Clean Air

Bond Act of 1996, shall occur prior to April first, nineteen hundred

ninety-seven.

8. The office of general services shall develop a specific plan for

the procurement of clean-fueled vehicles for use in the state fleet.

Procurement of clean-fueled vehicles and utilization in the state fleet

using proceeds of bonds sold pursuant to the Clean Water/Clean Air Bond

Act of 1996 shall begin as soon as possible after the issuance of, and

in accordance with, the report defined in subdivision five of this

section.

9. The office of general services, department of economic development,

and the department of environmental conservation, shall evaluate the

potential for developing a private clean-fueled vehicle industry in the

state and submit recommendations from time to time to the legislature

and the governor for attracting such industry, by either established

motor vehicle producers or other companies, to the state.

§ 202 — General duties

General duties. The office of general services shall provide

coordinated services in support of state departments and agencies, and,

as specified, authorities, municipalities and not-for-profit

organizations, hereafter for the purposes of this section referred to as

agencies. Such support services shall (i) serve to conserve state

resources, (ii) benefit multiple agencies, and (iii) be consistent with

the needs and interests of the agencies receiving those services.

Support services may be delivered directly by the office of general

services or by other means which ensure the cost effectiveness of those

services. The commissioner of general services may recommend to the

governor new services which could be offered by the office of general

services, and that would reduce state or local expenditures and

facilitate the mission of agencies currently receiving or which could

receive such services.

§ 202-a — Language translation services

Language translation services. 1. Each state agency that

provides direct public services in New York state shall translate all

vital documents relevant to services offered by the agency into the

twelve most common non-English languages spoken by limited-English

proficient individuals in the state, based on the data in the most

recent American Community Survey published by United States Census

Bureau. Agencies subject to this section, in their discretion, may offer

up to four additional languages beyond the twelve most common languages.

Such additional languages shall be decided by the state agency in

consultation with the office of general services and approved by the

office of general services based on the number of limited-English

proficient immigrants of five years or less in New York state in need of

language translation services according to the American Community

Survey, including the growth of recent arrival populations in the

geographic regions in which the agency's services are offered, the

population of limited-English proficient individuals served by the

agency, feedback from impacted community or advocacy groups, and any

other relevant data published by the United States Census Bureau.

2. Each agency subject to the provisions of this section shall

designate a language access coordinator who will work with the office of

general services to ensure compliance with the requirements of this

section.

3. Each agency subject to the provisions of this section shall develop

a language access plan and submit such plan to the office of general

services.

(a) An agency's initial language access plan shall be issued by the

agency within ninety days of the effective date of this section.

(b) Language access plans shall be updated and reissued every two

years on or before January first.

(c) Language access plans shall set forth, at a minimum:

(i) when and by what means the agency will provide or is already

providing language assistance services;

(ii) the titles of all available translated documents and the

languages into which they have been translated;

(iii) the number of public contact positions in the agency and the

number of bilingual employees in public contact positions, and the

languages such employees speak;

(iv) a training plan for agency employees which includes, at minimum,

annual training on the language access policies of the agency and

training in how to provide language assistance services;

(v) a plan for annual internal monitoring of the agency's compliance

with this section;

(vi) a description of how the agency intends to notify the public of

the agency's offered language assistance services;

(vii) an assessment of the agency's service populations to determine

whether additional languages of translation should be added beyond the

top twelve languages;

(viii) an explanation as to how the agency determined it would provide

any additional language beyond the top twelve languages required by this

section; and

(ix) the identity of the agency's language access coordinator.

4. Each agency subject to the provisions of this section shall:

(a) provide interpretation services between the agency and an

individual in each individual's primary language with respect to the

provision of services or benefits by the agency; and

(b) publish the agency's language access plan on the agency's website.

5. For purposes of this section, "vital document" means any paper or

digital document that contains information that is critical for

obtaining agency services or benefits or is otherwise required to be

completed by law.

6. The office of general services will ensure agency compliance with

this section and shall prepare an annual report, which shall be made

public on the office of general services website, detailing each

agency's progress and compliance with this section.

§ 203 — Additional duties of the commissioner

Additional duties of the commissioner. The commissioner of the

office of general services is authorized, within amounts appropriated

therefor by the legislature and subject to the written approval of the

attorney general, to pay and cause to be satisfied and discharged claims

for damage to personal or real property or for bodily injuries or

wrongful death caused in connection with the operation of a motor

vehicle (a) by officers or employees of the state, while acting within

the scope of their employment, or (b) by other authorized persons

providing service to state government while providing such service, or

(c) with relation to motor vehicles which are assigned on a permanent

basis with unrestricted use to state officers or employees, when caused

by such officer or employee or by a person requested to operate such

motor vehicle by such officer or employee in the course of or in

connection with the use of such motor vehicle by such officer or

employee. Such claims payments shall be made in accordance with a

contract with a private firm to process, adjust, investigate, negotiate,

settle, pay, and subrogate such claims on behalf of the state, as

specified in such contract, provided that such firm is duly licensed to

perform such services by the state department of financial services.

Notwithstanding any other provision of law, any such contract may

provide for the payment of benefits up to a maximum of fifty thousand

dollars for any occurrence in accordance with article fifty-one of the

insurance law and for such payments, not based on tort, the attorney

general's approval shall not be required. Notwithstanding any other

provision of law, any payment of other property damage or bodily injury

or wrongful death claims caused by a tort of such officers, employees,

or other authorized personnel shall not exceed a maximum of twenty-five

thousand dollars for each claimant in accordance with such terms,

conditions and requirements as shall be set forth in such contract. Any

agency or unit of an agency which is supported by any funding source

other than the general fund shall reimburse the general fund for all or

any portion of such payments made pursuant to this section which are

attributable to the other funding source.

Nothing contained in this section or in any contract provided for

herein shall impair any right or obligation in connection with any

executed contract of insurance entered into by the state separate and

apart from the authority granted herein. No moneys appropriated for the

purposes of this section shall be available for expenditure from such

appropriation until a certificate of approval has been issued by the

director of the budget and copies of such certificate filed with the

state comptroller, the chairman of the senate finance committee, and the

chairman of the assembly ways and means committee.

§ 203-a — Additional duties of the commissioner regarding flood related losses

Additional duties of the commissioner regarding flood related

losses. In accordance with 44 CFR 75.11 of the code of federal

regulations, in the event that state-owned structures and their contents

are damaged as the result of flood related losses, flood, and/or flood

related hazards occurring in areas identified by the federal insurance

administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO,

AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of

general services shall pay an amount not less than the limits of

coverage that would be applicable if such state-owned structures and

their contents had been covered by standard flood insurance policies, as

defined in 44 CFR 59.1, for the repair, restoration, or replacement of

such state-owned structures and contents, and shall maintain and update,

not less frequently than annually, an inventory of all state-owned

structures and their contents within such zones.

§ 203-b — Additional duties of the commissioner regarding information on state boards

Additional duties of the commissioner regarding information

on state boards. 1. As used in this section, "commissioner" means the

commissioner of general services and, "board" means any board,

commission, committee, council, task force or any similar state public

organization, required to be established pursuant to the state

constitution, state statutes or executive order, for the exercise of any

function of state government and to which members are appointed or

elected. "Board" does not include:

a. any informal advisory organization not established by law;

b. any joint standing committee of the legislature or any committee of

the assembly and/or senate composed entirely of members of the

legislature;

c. any court;

d. the board of trustees of any institution of higher education

financially supported in whole or in part by the state;

e. any entity of local government;

f. any public authority or public benefit corporation, a majority of

whose members are appointed by the governor or serve as members by

virtue of holding state offices to which they were appointed by the

governor, or any combination thereof; and

g. any board of elections.

2. The commissioner shall maintain a list of all state boards,

including state boards deemed active and regularly meeting on and after

the effective date of this section. The commissioner shall keep such

list on a website designated by the commissioner for the purpose of

public access, and such list shall have a link to the website for each

such board established pursuant to subdivision three of this section.

The designated website shall be updated annually.

3. Each board or the state agency that provides administrative support

or is otherwise affiliated with a board shall establish and maintain a

website available to the public and provide a link to such website to

the commissioner. Each board or the state agency that provides

administrative support or is otherwise affiliated with a board shall

annually on or before January first, update the information on its

website.

4. The website established by each board or the state agency that

provides administrative support or is otherwise affiliated with a board

shall include, but not be limited to:

a. statutory language, executive order or other legal basis or

authorization for the establishment of such board;

b. public information including departmental affiliation, contact

address, phone number, and website;

c. a brief description of the purpose of the board and its legally

required duties, including required reports or other products;

d. the size of board membership, current member names, and any

qualifications;

e. whether members of a board are eligible for payment of expenses or

other compensation in the performance of their duties as members of such

board and information on compensation and expenses incurred in the prior

and current fiscal years, as well as projected costs for the coming

fiscal year;

f. meeting minutes and agendas, dates and locations of all meetings

held, and to be held within six months, or a location, including but not

limited to another website, in which such information can be publicly

accessed;

g. geographic and other relevant qualifications of all current members

of the board, including the county in which the member resides and the

background or expertise the member possesses where such background or

expertise is required for membership on such board; and

h. any other information the commissioner may require. Nothing in this

section shall authorize the release or publication of any board member's

residential address.

5. Each board or the state agency that provides administrative support

or is otherwise affiliated with a board shall update on an annual basis

beginning November first, two thousand twenty-three on its website, all

vacancies, expired terms, terms expiring within one year, and the

process for filling such vacancies on such boards.

6. On or before January first, two thousand twenty-four, the

commissioner shall report to the governor, the speaker of the assembly,

the temporary president of the senate, the chair of the assembly

oversight, analysis and investigation committee and the chair of the

senate investigations and government operations committee on the status

of the list including but not limited to the number of boards reported

and verified. The commissioner shall also report on any impediments to

obtaining information.

ARTICLE 10-B New York State Office of Science, Technology and Academic Research

§ 209 — Definitions

Definitions. As used in this article, the following terms shall

have the following meaning unless otherwise specified:

1. "Office" shall mean the New York state office of science,

technology and academic research.

2. "Advisory council" shall mean the advisory council of the New York

state office of science, technology, and academic research.

3. "Executive director" shall mean the executive director of the New

York state office of science, technology, and academic research.

4. "Research development program" shall mean the program established

by section two hundred nine-p of this article to encourage and enhance

the economic development role of academic institutions in New York

state. Such program shall include, but not be limited to, the faculty

development program, the capital facilities program, the incentive

program, and the centers for advanced technology development program.

5. "Primary host institution" shall mean, in a case where two or more

institutions form a partnership or consortium of research entities, one

institution must be designated the institution through which awards

shall be administered.

6. "Life sciences" shall mean those science disciplines relating to

the study of living organisms and vital processes.

7. "Enabling sciences" shall mean those science disciplines which may

be directly applied to life science research, including but not limited

to, engineering, material science, chemistry, computer science,

electronics, physics, bioinfomatics, nanotechnologies and applications

of microelectronics and micro-electromechanical devices.

8. "Project sponsor" shall mean any public, not-for-profit private or

academic research institution or any subsidiary thereof located in the

state of New York. A project sponsor may include a not-for-profit

corporation created on behalf of a public, not-for-profit private or

academic research institution.

9. "Construction" shall mean the erection, acquisition, alteration,

reconstruction, rehabilitation, improvement, equipping, enlargement or

extension of a life sciences and/or enabling sciences facility,

including land acquisition and the engineering, architectural, legal,

fiscal and economic investigations, studies, surveys, designs, plans,

drawings, specifications, procedures and other actions relating to a

life science or enabling science facility.

§ 209-d — Transfer of powers of science and technology foundations

Transfer of powers of science and technology foundations.

Except as otherwise provided in section two hundred nine-f of this

article, the functions and powers possessed by and all of the

obligations and duties of the science and technology foundation as

established pursuant to article ten-A of the public authorities law

shall be transferred and assigned to, assumed by and devolved upon the

office. Such transfer shall occur no later than January thirty-first,

two thousand, provided, however, that such transfer may occur prior to

January thirty-first, two thousand pursuant to a memorandum of

understanding executed by the chairman of the science and technology

foundation and the executive director of the office, and provided that,

in the event that it is impractical to effectuate such transfer on or

before January thirty-first, two thousand, the chairperson of the

science and technology foundation and the executive director of the

office may upon notification to the governor, temporary president of the

senate, and speaker of the assembly on or before January fifteenth, two

thousand, execute a memorandum of understanding to govern the

expeditious transfer required pursuant to this section.

§ 209-e — Abolition of science and technology foundation

Abolition of science and technology foundation. Upon the

transfer pursuant to section two hundred nine-d of this article of the

functions and powers possessed by and all of the obligations and duties

of the science and technology foundation as established pursuant to

article ten-A of the public authorities law to the office, the science

and technology foundation shall be abolished, and sections thirty-one

hundred, thirty-one hundred three and thirty-one hundred nine of the

public authorities law shall be repealed.

§ 209-f — Transfer of certain functions of the science and technology foundation

Transfer of certain functions of the science and technology

foundation. 1. Transfer of the small business technology investment

fund. Upon the transfer pursuant to section two hundred nine-d of this

article of the functions and powers possessed by and all of the

obligations and duties of the science and technology foundation as

established pursuant to article ten-A of the public authorities law to

the office as prescribed by section two hundred nine-d of this article,

notwithstanding section twenty-eight of section one of chapter one

hundred seventy-four of the laws of nineteen hundred sixty-eight, the

administration of the small business technology investment fund shall be

transferred and assigned to, assumed by and devolved upon the urban

development corporation, and the administration of the small business

technology investment fund is hereby determined to be a corporate

purpose of the urban development corporation.

2. Transfer of certain assets and liabilities. Upon the transfer

pursuant to section two hundred nine-d of this article of the functions

and powers possessed by and all of the obligations and duties of the

science and technology foundation as established pursuant to article

ten-A of the public authorities law to the office as prescribed by

section two hundred nine-d of this article, all of the assets and

liabilities of the small business technology investment fund established

pursuant to appropriations made by various chapters of the law

including, but not limited to chapter fifty-three of the laws of

nineteen hundred eighty-one, chapter fifty-three of the laws of nineteen

hundred eighty-five, chapter fifty-three of the laws of nineteen hundred

eighty-six, chapter fifty-three of the laws of nineteen hundred

eighty-seven, chapter fifty-three of the laws of nineteen hundred

eighty-eight, chapter fifty-three of the laws of nineteen hundred

eighty-nine, chapter fifty-three of the laws of nineteen hundred ninety,

chapter fifty-three of the laws of nineteen hundred ninety-one, chapter

fifty-three of the laws of nineteen hundred ninety-two, chapter

fifty-three of the laws of nineteen hundred ninety-three, chapter

fifty-three of the laws of nineteen hundred ninety-four, and chapter

fifty-three of the laws of nineteen hundred ninety-five shall be

transferred to the urban development corporation.

3. Transfer of certain appropriations. Upon the transfer pursuant to

section two hundred nine-d of this article of the functions and powers

possessed by and all of the obligations and duties of the science and

technology foundation as established pursuant to article ten-A of the

public authorities law to the office as prescribed by section two

hundred nine-d of this article, appropriations enacted heretofore for

the small business technology investment fund made pursuant to various

chapters of the law including, but not limited to, chapter fifty-three

of the laws of nineteen hundred eighty-one, chapter fifty-three of the

laws of nineteen hundred eighty-five, chapter fifty-three of the laws of

nineteen hundred eighty-six, chapter fifty-three of the laws of nineteen

hundred eighty-seven, chapter fifty-three of the laws of nineteen

hundred eighty-eight, chapter fifty-three of the laws of nineteen

hundred eighty-nine, chapter fifty-three of the laws of nineteen hundred

ninety, chapter fifty-three of the laws of nineteen hundred ninety-one,

chapter fifty-three of the laws of nineteen hundred ninety-two, chapter

fifty-three of the laws of nineteen hundred ninety-three, chapter

fifty-three of the laws of nineteen hundred ninety-four, and chapter

fifty-three of the laws of nineteen hundred ninety-five, all

appropriations and reappropriations heretofore made to the science and

technology foundation, or segregated pursuant to law, to the extent of

remaining unexpended or unencumbered balances thereof, whether allocated

or unallocated and obligated or unobligated, shall be transferred and

made available to for use and expenditure by the urban development

corporation for the same purpose for which originally appropriated or

reappropriated and shall be payable on vouchers certified or approved by

the commissioner of taxation and finance, on audit and warrant of the

comptroller.

4. Transfer of certain records. Upon the transfer pursuant to section

two hundred nine-d of this article of the functions and powers possessed

by and all of the obligations and duties of the science and technology

foundation as established pursuant to article ten-A of the public

authorities law to the office as prescribed by section two hundred

nine-d of this article, all books, papers, records and property

pertaining to the small business technology investment fund shall be

maintained by the urban development corporation.

§ 209-g — Transfer of assets and liabilities

Transfer of assets and liabilities. Upon the transfer

pursuant to section two hundred nine-d of this article of the functions

and powers possessed by and all of the obligations and duties of the

science and technology foundation as established pursuant to article

ten-A of the public authorities law to the office as prescribed by

section two hundred nine-d of this article, except as otherwise provided

in section two hundred nine-f of this article, all assets and

liabilities of the science and technology foundation are hereby

transferred to and assumed by the office.

§ 209-h — Continuity of authority

Continuity of authority. Upon the transfer pursuant to

section two hundred nine-d of this article of the functions and powers

possessed by and all of the obligations and duties of the science and

technology foundation as established pursuant to article ten-A of the

public authorities law to the office as prescribed by section two

hundred nine-d of this article, except as otherwise provided in section

two hundred nine-f of this article, for the purpose of succession to all

functions, powers, duties and obligations of the science and technology

foundation, the office shall be deemed and held to constitute the

continuation of such authority and not a different agency or authority.

§ 209-i — Transfer of records

Transfer of records. Upon the transfer pursuant to section

two hundred nine-d of this article of the functions and powers possessed

by and all of the obligations and duties of the science and technology

foundation as established pursuant to article ten-A of the public

authorities law to the office as prescribed by section two hundred

nine-d of this article, except as otherwise provided in section two

hundred nine-f of this article, all books, papers, records and property

pertaining to the science and technology foundation shall be transferred

to and maintained by the office.

§ 209-j — Completion of unfinished business

Completion of unfinished business. Upon the transfer pursuant

to section two hundred nine-d of this article of the functions and

powers possessed by and all of the obligations and duties of the science

and technology foundation as established pursuant to article ten-A of

the public authorities law to the office as prescribed by section two

hundred nine-d of this article, except as otherwise provided in section

two hundred nine-f of this article, any business or other matter

undertaken or commenced by the science and technology foundation

pertaining to or connected with the functions, powers, obligations and

duties so transferred and assigned to the office may be conducted or

completed by the executive director of the office.

§ 209-k — Terms occurring in laws, contracts or other documents

Terms occurring in laws, contracts or other documents. Upon

the transfer pursuant to section two hundred nine-d of this article of

the functions and powers possessed by and all of the obligations and

duties of the science and technology foundation as established pursuant

to article ten-A of the public authorities law to the office as

prescribed by section two hundred nine-d of this article, except as

otherwise provided in section two hundred nine-f of this article,

whenever the science and technology foundation and the chairperson

thereof, the functions, powers, obligations and duties of which are

transferred to the office are referred to or designated in any law,

contract or document pertaining to the functions, powers, obligations

and duties transferred and assigned pursuant to this article, such

reference or designation shall be deemed to refer to the office and its

executive director.

§ 209-l — Existing rights and remedies preserved

Existing rights and remedies preserved. Upon the transfer

pursuant to section two hundred nine-d of this article of the functions

and powers possessed by and all of the obligations and duties of the

science and technology foundation as established pursuant to article

ten-A of the public authorities law to the office as prescribed by

section two hundred nine-d of this article, except as otherwise provided

in section two hundred nine-f of this article, no existing right or

remedy of the state, including the science and technology foundation,

shall be lost, impaired or affected by reason of this article.

§ 209-m — Pending actions and proceedings

Pending actions and proceedings. Upon the transfer pursuant

to section two hundred nine-d of this article of the functions and

powers possessed by and all of the obligations and duties of the science

and technology foundation as established pursuant to article ten-A of

the public authorities law to the office as prescribed by section two

hundred nine-d of this article, except as otherwise provided in section

two hundred nine-f of this article, no action or proceeding pending on

the effective date of this article, brought by or against the science

and technology foundation or chairperson thereof shall be affected by

any provision of this article, but the same may be prosecuted or

defended in the name of the executive director of the office. In all

such actions and proceedings, the office, upon application to the court,

shall be substituted as a party.

§ 209-n — Continuance of rules and regulations

Continuance of rules and regulations. Upon the transfer

pursuant to section two hundred nine-d of this article of the functions

and powers possessed by and all of the obligations and duties of the

science and technology foundation as established pursuant to article

ten-A of the public authorities law to the office as prescribed by

section two hundred nine-d of this article, except as otherwise provided

in section two hundred nine-f of this article, all rules, regulations,

acts, determinations and decisions of the science and technology

foundation, pertaining to the functions transferred and assigned by this

article to the office in force at the time of such transfer, assignment,

assumption or devolution shall continue in force and effect as rules,

regulations, acts, determinations and decisions of the office until duly

modified or repealed.

§ 209-o — Transfer of appropriations heretofore made to the science and technology foundation

Transfer of appropriations heretofore made to the science and

technology foundation. Upon the transfer pursuant to section two hundred

nine-d of this article of the functions and powers possessed by and all

of the obligations and duties of the science and technology foundation

as established pursuant to article ten-A of the public authorities law

to the office as prescribed by section two hundred nine-d of this

article, except as otherwise provided in section two hundred nine-f of

this article, all appropriations and reappropriations which shall have

been made available as of the date of such transfer to the science and

technology foundation or segregated pursuant to law, to the extent of

remaining unexpended or unencumbered balances thereof, whether allocated

or unallocated and whether obligated or unobligated, shall be

transferred to and made available for use and expenditure by the office

for the same purposes for which originally appropriated or

reappropriated and shall be payable on vouchers certified or approved by

the commissioner of taxation and finance, on audit and warrant of the

comptroller. Payments of liabilities for expenses of personal service,

maintenance and operation which shall have been incurred as of the date

of such transfer by the science and technology foundation, and for

liabilities incurred and to be incurred in completing its affairs shall

also be made on vouchers certified or approved by the executive director

of the office, on audit and warrant of the comptroller.

§ 209-p — Research development program

Research development program. 1. There is hereby established

the research development program. The program shall include but need not

be limited to: the faculty development program, capital facility

program, incentive program, and centers for advanced technology

development program.

2. The office shall provide no later than March first, two thousand, a

strategic plan to the governor, the temporary president of the senate

and the speaker of the assembly which shall:

(a) establish criteria for the awarding of funds made available

through the research development program; all awards shall be made on a

competitive basis;

(b) provide a schedule for issuance of requests for proposals for the

research development program awards;

(c) provide a schedule for completion of review of proposals submitted

by institutions of higher education and research institutions to the

office;

(d) provide procedures for the issuance of awards from the research

development program.

3. The faculty development program is hereby created to assist

institutions of higher education and research institutions with the

retention and recruitment of research faculty. Funds appropriated for

this program shall be administered by the office pursuant to request for

proposals. Consideration for the allocation of awards shall be given to

all institutions of higher education and research institutions within

the state provided such institutions demonstrate to the satisfaction of

the advisory council a specific need for such funds and the manner in

which such award for the recruitment and retention of research faculty

would enhance the research capabilities and reputation of the

institution. Criteria for such awards shall include, but not be limited

to, the ability of the faculty member to leverage and attract federal

funds, venture capital and private industry funds, and the willingness

of the faculty member to pursue entrepreneurial enterprises resulting in

new business or the expansion of existing business in New York state.

The office shall promulgate rules and regulations to establish:

(a) the duration of grants for faculty awards;

(b) matching funds required from the academic and research

institutions;

(c) a schedule for an annual reduction of the faculty development

award, and a corresponding increase in the matching funds from the

academic or research institution; and

(d) other rules and regulations deemed necessary by the office for the

administration of this program.

3-a. The faculty development and technology transfer advisory council

shall be established by the commissioner of economic development to

review and recommend proposals submitted for consideration under

subdivisions three and five of this section. The council shall consist

of eleven members that shall include representatives from four different

universities, one national lab, two New York state incubators or New

York state innovation hot spots, two companies and two non-profits with

a statewide economic development mission. Each representative shall have

technology transfer experience. In addition, at least six members of the

council shall have a demonstrated background in bio-medicine,

biotechnology or other life sciences.

4. (a) The capital facility program shall provide financing for the

design, acquisition, construction, reconstruction, rehabilitation or

improvement of research and development facilities, including equipment.

Funds appropriated or reappropriated for the capital facility program by

chapter six hundred twenty-four of the laws of nineteen hundred

ninety-nine shall be awarded to no more than six primary host

institutions.

(b) Criteria for the issuance of awards by the advisory council shall

include but need not be limited to the following: potential future

growth and economic impact within New York state of the proposed

research to be undertaken at such facilities, available expertise at

such campus in the scientific discipline designated for the center for

advanced technology and/or the center's host campus, an evaluation of

the ability of the proposed research to be undertaken at such facilities

to aid existing business and to create new business in New York state,

and the ability of the proposal to leverage and attract federal funds,

venture capital and private industry funds.

(d) The capital facility program shall also provide financing for the

reconstruction, rehabilitation or improvement of existing laboratory

facilities. Funds available pursuant to this subdivision shall be

available for research facilities at all institutions of higher

education and research institutions in New York state.

(e) The office and the city university construction fund may contract

for the construction fund to design, construct, acquire, reconstruct,

rehabilitate and improve research and development facilities for those

primary host institutions which are senior colleges of the city

university of New York.

5. An incentive program is hereby created to provide additional

assistance to technology transfer or commercialization activities at

institutions of higher education and research institutions in the state

of New York for the purpose of encouraging technology transfer from

institutions of higher education and research institutions to businesses

and for commercialization within New York state. Funds appropriated for

this program shall be available for personal service expenses to enhance

the technology transfer abilities or commercialization of research of

higher education and research institutions to businesses within New York

state including but not limited to patent applications, the creation of

business and marketing plans, venture capital conferences and

non-capital costs associated with the development of real property owned

by such institution of higher education or research institution for

research and development purposes. Funds awarded under the incentive

program shall not exceed fifty percent of the cost of the purpose for

which such funds shall be applied. The faculty development and

technology transfer advisory council, as established by subdivision

three-a of this section, shall review and recommend proposals submitted

for consideration pursuant to this subdivision. Preference shall be

given to proposals developed in coordination with a private or public

medical school located in the state.

6. A center for advanced technology development program is created

whereby funds shall be awarded to centers for advanced technology for

the purpose of enhancing and expanding the existing role of the center

in the area for which it is designated. Funds appropriated for the

development program shall be awarded to such centers for advanced

technology. Criteria for the issuance of awards shall be established by

the office and shall include but need not be limited to the economic

development potential of the research undertaken at such center for

advanced technology, funding leveraged from other sources including

private interests and the federal government, potential of revenues

accruing to the institution of higher education or research institution

from the licensing of the products of research conducted at such center

of advanced technology and the interaction of such center with private

industry.

§ 209-r — Gen

Gen*NY*sis program. 1. The Gen*NY*sis program is hereby

created to assist research and technology development programs in the

life sciences or in enabling sciences affiliated with public,

not-for-profit private or academic research institutions located within

New York state to develop and commercialize new discoveries for the

improvement of human, plant and animal health and to expand businesses

and employment in New York state.

2. Funds appropriated or transferred to the Gen*NY*sis program shall

be made available to project sponsors for the construction of life

sciences and/or enabling science facilities including, but not limited

to, equipment, laboratory facilities and laboratory equipment, incubator

facilities, manufacturing facilities, bioscience parks or any

combination thereof. Funds shall not be used for projects that are

already completed at the time of application.

3. Funding for each project shall be made available upon submission of

a Gen*NY*sis program and financing plan to the executive director and to

the director of the budget. Such program and financing plan shall be

prepared by the project sponsor and shall include, where applicable, a

description of the proposed project, a description of the consortium of

institutions/organizations involved including respective

responsibilities and contributions, the structure and governance of the

collaboration, efforts to obtain and administer corporate, federal

and/or foundation support, the scientific and technical quality of the

proposed research to be undertaken at such facility, the expected

increase in research activity in specified research areas derived from

such project, projections of discoveries from such research sponsor, and

an economic plan to further develop any discoveries from such project to

include the development of new businesses and jobs within New York state

or if such discovery is to be licensed to another entity, the terms

under which the project sponsor would undertake such licensing

agreements. The urban development corporation shall provide assistance

to the office, as requested by the executive director, with respect to

the evaluation of any economic plan or licensing terms.

4. Funding for each project shall not exceed seventy-five percent of

the cost of such project, provided that, in estimating the residual

percentage of funding, such funding provided by the project sponsor for

each project may include allocated funds (cash); in-kind personnel,

equipment or material donations; federal funds; significant financial

contributions to the project sponsor; university internal sources,

prorated operational costs; or any combinations thereof.

5. Project sponsors receiving awards pursuant to the Gen*NY*sis

program in an amount in excess of ten percent of the total cost of such

project as submitted in the program and financing plan pursuant to this

section shall, for a period not to exceed five years after the receipt

of such award, provide an annual report to the executive director, the

chairman of the senate finance committee and the chairman of the

assembly ways and means committee detailing the use of such award and

the progress of the project sponsor in meeting the criteria set forth in

paragraph three of this section as expressed in the program and

financing plan submitted for review to the executive director.

6. Notwithstanding any other law, rule or regulation to the contrary,

no more than three and one-half of one percent of any grant issued under

this program may be allocated to any grant recipient or to any

subsidiary or organization associated therewith for purposes which may

include, but not be limited to, any direct or indirect costs of

administering the program not contained in the application requesting

such funds, provided however, that no monies granted under the

Gen*NY*sis program may be used to supplant any direct or indirect costs

of the grant recipient.

§ 209-s — James D

James D. Watson investigator program. 1. The James D. Watson

investigator program is hereby created to recognize outstanding early

career scientists who demonstrate the potential for leadership at the

frontiers of knowledge in the life sciences and demonstrate an

entrepreneurial spirit to help foster economic development in New York

state into the future.

2. This program shall be administered by the executive director. Funds

shall be awarded to the institution at which the investigator is

employed on behalf of the recipient.

3. Within available funds, each award granted under the James D.

Watson investigator program shall equal two hundred thousand dollars

over a two year period. Selection of such awards shall be made pursuant

to an application process to be conducted no more than once annually.

Eligible recipients of such awards shall include researchers at

academic, public, or not-for-profit private research institutions

located within New York state. Such awards shall be provided for the

purpose of supporting the research activities of such researcher not

otherwise supported by the research institution. Such awards may be used

for the salaries of such investigators, the salaries of support research

personnel and for the purchase of equipment used directly in the pursuit

of research not otherwise provided by the research program at such

institution.

4. Eligible applicants for grants issued under this program shall be

full-time staff members who are United States citizens or legal

permanent residents, have been awarded their doctoral degrees, and have

less than five years of post-doctoral experience, and are conducting

research in the life sciences or in enabling sciences as defined in this

article. All applicants must demonstrate expertise in the life sciences

or in the enabling science discipline as stated in their application.

Preference shall be given to researchers who demonstrate a willingness

and ability to develop their research into economic development

opportunities in New York state.

5. No academic, public, or not-for-profit private research institution

shall receive more than one award per year. No more than three-fifths of

available awards in any year shall be granted to employees of public,

not-for-profit, private or academic research institutions within the

metropolitan commuter transportation district.

§ 209-t — College applied research and technology (CART) program

College applied research and technology (CART) program. In

order to encourage greater collaboration between private industry,

universities and colleges within the state in the development and

application of new technologies, the office is authorized to designate

such technological areas as the office identifies as having significant

potential for economic growth in New York state, or in which the

application of new technologies could significantly enhance the

productivity and stability of New York state businesses. Such

designations shall be made in accordance with the standards and criteria

set forth in subdivision two of this section. Colleges so designated

shall be eligible for support from the office in the manner provided for

in subdivision three of this section, and for such additional support as

may otherwise be provided by law.

1. As used in this section:

(a) "College applied research and technology center" or "CART" means a

college or college-affiliated research institute or a consortium of such

institutions, designated by the office, which conducts a continuing

program of basic and applied research, development, and technology

transfer in one or more technological areas, in collaboration with and

through the support of private business and industry; and

(b) "Applicant" means a college or college-affiliated research

institute or a consortium of such institutions which request designation

as a CART center in accordance with such requirements as are established

by the office for this purpose. For purposes of this section, applicant

shall not include any college or university that has a center for

advanced technology pursuant to subdivision three of section thirty-one

hundred two-b of the public authorities law.

2. The office shall:

(a) identify technological areas for which a CART center should be

designated, including technological areas that are related to industries

with significant potential for economic growth and development in New

York state, and technological areas that are related to the enhancement

of productivity in various industries located in New York state;

(b) establish criteria that applicants shall satisfy for designation

as a CART, including, but not limited to the following:

(i) an established record of research, development and instruction in

the area or areas of technology involved;

(ii) the capacity to conduct research and development activities in

collaboration with business and industry;

(iii) the capacity to secure substantial private and other

governmental funding for the proposed college or college-affiliated

research institute or a consortium of such institutions, in amounts at

least fifty percent of the total of support sought from the state;

(iv) the ability and willingness to cooperate with other institutions

in the state in conducting research and development activities, and in

disseminating research results;

(v) the ability and willingness to work with technical and community

colleges in the state to enhance the quality of technical education in

the area or areas of technology involved;

(vi) the ability and willingness to cooperate with the office and

other economic development agencies in promoting the growth and

development in New York state of industries based upon or benefiting

from the area or areas of technology involved;

(c) establish such requirements as it deems appropriate for the

format, content and filing of applications for designation as CART

centers; and

(d) establish such procedures as it deems appropriate for the

evaluation of applications for designation as a college applied research

and technology center, including the establishment of peer review panels

composed of nationally recognized experts in the technological areas and

industries to which the application is related.

3. (a) From such funds as may be appropriated for this purpose by the

legislature, the office may provide financial support, through contracts

or other means, to designated college applied research and technology

centers in order to enhance and accelerate the development of such

centers. Funds received pursuant to this subdivision may be used for

purchase of equipment and fixtures, employment of faculty and support

staff, provision of graduate fellowships, and other purposes approved by

the office, but may not be used for capital construction. In each case,

the amount provided by the office to a center shall be matched by

commitments of support from private and governmental, other than state,

sources in accordance with the following:

(i) for the academic year in which it is first funded as a designated

center, and the four subsequent years, the amount provided by the office

to a center shall be matched fifty percent by the center; and

(ii) upon a finding by the office that a technological area has

continued significant potential for enhancing economic growth in New

York state, or the application of technologies in the area could

significantly enhance the productivity and stability of New York state

businesses, the office shall initiate a redesignation process in

accordance with subdivision two of this section. Such redesignation

process shall be initiated by the office in such a manner that not more

than one-third of the centers in existence at the time of redesignation

shall become due for such redesignation at the same time.

(1) In the event a new center is selected in the redesignation

process, the office shall provide funds to such new center in accordance

with the funding match requirements set forth in this paragraph.

(2) In the event a previously designated center is redesignated in the

same area of technology, which redesignation is effective for the sixth

academic year following the first academic year of both designation and

funding, then, in that year and in each year thereafter, the office

shall provide funds of up to three hundred fifty thousand dollars to be

matched fifty percent by the center, amounts in excess of three hundred

fifty thousand dollars shall be matched seventy-five percent by the

center.

(3) In the event a currently designated center is not selected in the

redesignation process for an additional term, or upon a finding by the

office that the area of advanced technology does not have significant

potential for enhancing economic growth in New York state, or upon a

finding that the application of technologies in that area would not

significantly enhance the productivity and stability of New York state

businesses, then the office shall, in the fifth academic year following

such center's first both designation and funding, which year shall be

the final year of funding for such center, provide an amount of up to

two hundred fifty thousand dollars.

(b) Continued funding of the operations of each center shall be based

upon a showing that: the center continues to comply with the criteria

established by the office pursuant to paragraph (b) of subdivision two

of this section; a demonstration of assistance to small businesses in

New York state through research, technology transfer or other means as

approved by the office; compliance with the rules, regulations and

guidelines of the office; and, compliance with any contracts between the

office and the designated applied research center.

(c) Each center shall report on its activities to the office in a

manner and according to the schedule established by the office, and

shall provide such additional information as the office may require. The

office shall evaluate center operations using methods such as site

visits, reporting of specified information and peer review evaluations

using experts in the field of technology in which the center was

designated. The office shall notify each center of the results of its

evaluations and findings of deficiencies in the operation of such center

or its research, education, or technology transfer activities and shall

work with such centers to remedy such findings. If such factors are not

remedied, the office may withdraw the state funding support, in whole or

in part, or withdraw the center designation.

(d) In order to encourage that the results of center research benefit

New York state, designation and continued funding of each center shall

be contingent upon each center's establishing within its licensing

guidelines the following: after payment of the inventor's share, a

reduced payment due to the university of any royalty, income or other

consideration earned from the license or sale of intellectual property

rights created or developed at, or through the use of, the facilities of

the center by any person or entity if the manufacturing or use resulting

from such intellectual property rights occurs within New York state. The

office shall promulgate rules and regulations regarding the provisions

of the licensing guidelines described herein as they apply to such

reduced payment, and such provisions shall be subject to the approval of

the office.

4. From such funds as may be appropriated for this purpose by the

legislature, the office may provide grants to any one college or

college-affiliated research institution for purposes of planning and

program development aimed at enabling such college or college-affiliated

research institution to qualify for designation as a center. Such grants

shall be awarded on a competitive basis, and shall be available only to

those applicants which, in the judgment of the office, may reasonably be

expected to be designated as centers. No applicant shall receive more

than one such grant.

5. (a) From such funds as may be appropriated for the purpose of

incentive grants or other funds which may be available from the office

to enhance center activities in areas of crucial interest in the state's

economic development, the office may provide grants, on a competitive

basis, to centers for projects including, but not limited to, those

which:

(i) explore new technologies with commercial application conducted

jointly by two or more centers or a center and non-center university,

college or community college;

(ii) are aimed at enhancing or accelerating the process of bringing

new products, particularly those under development by new small

businesses, to the marketplace; or

(iii) increase technology transfer projects with the state's mature

manufacturing industries in applying technology in their manufacturing

processes or for new product development.

(b) State support for incentive grants may be matched on an individual

basis by the office, which may consider the type of project and the

availability of amounts from private, university and governmental, other

than state, sources.

6. (a) The office shall make a biannual report of the CART program to

the governor and the legislature not later than September first of every

other year. Such report shall include, but not be limited to, the

results of an evaluation of each center by the office, a description of

the achievement of each center, any deficiencies in the operation of

each center or its research, education and technology transfer

activities, remedial actions recommended by the office, remedial actions

taken by each center, a description of the small business assistance

provided by each center, a description of any incentive grant program

awarded a grant by the office and the achievements of such program, and

the amount of financial assistance provided by the office and the level

of matching funds provided by each center and the uses of such monies.

(b) Bi-annual reports shall include a discussion of any fields of

technology that the office has identified as having significant

potential for economic growth or improved productivity and stability of

New York state businesses and in which collaboration with a center for

advanced technology is encouraged.

ARTICLE 11 Division of State Police

§ 210 — Division of state police

Division of state police. The division of state police in the

executive department shall be known as the "New York State Police." The

head of the New York state police shall be the superintendent of state

police who shall be appointed by the governor by and with the advice and

consent of the senate, and hold office during his or her pleasure. The

superintendent shall be a member of the state police, shall receive as

salary such sum as may be appropriated by law, and shall accrue such

leave credits and be eligible for the same retirement benefits, service

credits and other benefits as any other member of the state police. If,

prior to appointment, the superintendent served as a member of the state

police, he or she, upon appointment, shall be entitled to continue to

accrue and receive such credits and benefits as he or she would have

been entitled to accrue and receive prior to appointment.

If, prior to his or her appointment, the superintendent shall have

served as a member of the State Police for a period of ten years or

more, he or she shall, provided he or she is not eligible for

retirement, upon termination of service as superintendent, be

reappointed, without examination, as a member of the state police in the

grade held by him or her prior to appointment as superintendent,

notwithstanding the absence of any vacancy in such grade. For the

purpose of determining the annual salary to be paid upon such

reappointment, the period of service as superintendent shall be counted

as service in the grade to which reappointed.

§ 211 — Employees

Employees. The superintendent may appoint such employees as may

be necessary and fix their compensation within such sum as may be

appropriated by law. Persons appointed to competitive positions within

the division who meet the definition of veteran or disabled veteran as

defined in section eighty-five of the civil service law shall be

entitled to additional credit and preference as conferred by that law

and in the same manner, except that, notwithstanding any law to the

contrary, with respect to any candidate applying for credit in a

competitive examination for original appointment as a disabled or

non-disabled veteran, such candidate may apply provisionally for such

credit while still an active member of the armed forces. The application

for provisional credit may be made at any time between the date of his

or her application for the competitive examination and the date the

eligible list is established. In cases where there has been a

provisional application, the superintendent shall grant final credit

only if the candidate renews his or her application within ninety days

following termination of the candidate's military duty, and the

candidate's period of eligibility on the list has not expired, and the

candidate satisfies the appropriate statutory requirements for

eligibility. Pending the granting of final credit, the candidate's

ranking on any eligible list shall reflect the provisional credit.

§ 212 — Equipment

Equipment. The superintendent is authorized on behalf of the

state to purchase, lease or lease-purchase, within the amounts

appropriated therefor, necessary equipment and supplies, including but

not limited to, vehicles and aircraft subject to the approval of the

director of the budget, and uniforms; when any state property shall

become unfit for use it shall be disposed of in accordance with the

provisions of the finance law.

§ 213 — Acquisition of real property

Acquisition of real property. 1. The superintendent shall from

time to time establish headquarters or substations in such localities as

he shall deem most suitable for the efficient performance of police duty

in the rural sections of the state, and for that purpose and for other

purposes of the division he may, when an appropriation therefor has been

made by the legislature, acquire, in the name of the people of the state

of New York, by lease, purchase, lease-purchase subject to the approval

of such lease-purchase agreement by the director of the budget or,

pursuant to the provisions of the eminant domain procedure law, any real

property which he may deem necessary therefor; provided, however, that

no such real property shall be so acquired by purchase or lease-purchase

unless the title thereto shall be approved by the attorney general.

2. Whenever real property is to be acquired pursuant to the eminent

domain procedure law, the superintendent shall cause to be made by the

state department of transportation an accurate acquisition map.

3. On the approval of such map by the superintendent of the division

of state police, the original tracing of such map shall be filed in the

main office of the division of state police pursuant to the provisions

of the eminent domain procedure law.

4. If the superintendent shall determine, prior to the filing of such

map in the office of the clerk or register of the county, that changes,

alterations or modifications of such map as filed in the main office of

the division of state police should be made, he or she shall, subject to

the provisions of article two of the eminent domain procedure law, if

applicable, direct the preparation by the department of transportation

of an amended map. On the approval of such amended map by the

superintendent, it shall be filed in the main office of the division of

state police and the amended map shall thereupon in all respects and for

all purposes supersede the map previously filed.

5. If the superintendent shall determine, prior to the filing of a

copy of such acquisition map in the office of the county clerk or

register as provided in section four hundred two of the eminent domain

procedure law, that such map should be withdrawn, he or she may file a

certificate of withdrawal in the offices of the division of state police

and of the department of law. Upon the filing of such certificate of

withdrawal, the map to which it refers shall be cancelled and all rights

thereunder shall cease and determine.

6. The superintendent shall deliver to the attorney general a copy of

such acquisition map, whereupon it shall be the duty of the attorney

general to advise and certify to the superintendent the names of the

owners of the property, easements, interests or rights described in the

said acquisition map, including the owners of any right, title or

interest therein pursuant to the requirements of section four hundred

three of the eminent domain procedure law.

7. If, at or after the vesting of title to such property in the people

of the state of New York as provided for in the eminent domain procedure

law, the superintendent shall deem it necessary to cause the removal of

an owner or occupant from any real property so acquired, he may cause

such owner or occupant to be removed therefrom by proceeding in

accordance with section four hundred five of the eminent domain

procedure law. The proceeding shall be brought in the name of the

superintendent as agent of the state and the attorney general shall

represent the petitioner in the proceedings. No execution shall issue

for costs, if any, awarded against the state or the superintendent, but

they shall be part of the costs of the acquisition of the real property

and be paid in like manner. Proceedings may be brought separately

against one or more of the owners or occupants of any such property, or

one proceeding may be brought against all or several of the owners or

occupants of any or all such property within the territorial

jurisdiction of the same court, justice or judge; precepts or final

orders shall be made for immediate removal of persons defaulting in

appearance or in answering, or withdrawing their answers, if any,

without awaiting the trial or decision of issues raised by contestants,

if any.

8. Upon making any agreement provided for in section three hundred

four of the eminent domain procedure law, the superintendent shall

deliver to the comptroller such agreement and a certificate stating the

amount due such owner or owners thereunder on account of such

appropriation of his or their property and the amounts so fixed shall be

paid out of the state treasury after audit by the comptroller from

moneys appropriated for the acquisition of such real property, but not

until there shall have been filed with the comptroller a certificate of

the attorney general showing the person or persons claiming the amount

so agreed upon to be legally entitled thereto.

9. Application for reimbursement of incidental expenses as provided in

section seven hundred two of the eminent domain procedure law shall be

made to the superintendent upon forms prescribed by him and shall be

accompanied by such information and evidence as the superintendent may

require. Upon approval of such application, the superintendent shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section.

10. The commissioner, with the approval of the director of the budget,

shall establish and may from time to time amend rules and regulations

authorizing the payment of actual reasonable and necessary moving

expenses of occupants of property acquired pursuant to this section; of

actual direct losses of tangible personal property as a result of moving

or discontinuing a business or farm operation, but not exceeding an

amount equal to the reasonable expenses that would have been required to

relocate such property, as determined by the commissioner; and actual

reasonable expenses in searching for a replacement business or farm; or

in hardship cases for the advance payment of such expenses and losses.

For the purposes of making payment of such expenses and losses only the

term "business" means any lawful activity conducted primarily for

assisting in the purchase, sale, resale, manufacture, processing or

marketing of products, commodities, personal property or services by the

erection and maintenance of an outdoor advertising display or displays,

whether or not such display or displays are located on the premises on

which any of the above activities are conducted. Such rules and

regulations may further define the terms used in this subdivision. In

lieu of such actual reasonable and necessary moving expenses, any such

displaced owner or tenant of residential property may elect to accept a

moving expense allowance, plus a dislocation allowance, determined in

accordance with a schedule prepared by the commissioner and made a part

of such rules and regulations. In lieu of such actual reasonable and

necessary moving expenses, any such displaced owner or tenant of

commercial property who relocates or discontinues his business or farm

operation may elect to accept a fixed relocation payment in an amount

equal to the average annual net earnings of the business or farm

operation, except that such payment shall be not less than two thousand

five hundred dollars nor more than ten thousand dollars. In the case of

a business, no such fixed relocation payment shall be made unless the

commissioner finds and determines that the business cannot be relocated

without a substantial loss of its existing patronage, and that the

business is not part of a commercial enterprise having at least one

other establishment, which is not being acquired by the state or the

United States, which is engaged in the same or similar business. In the

case of a business which is to be discontinued but for which the

findings and determinations set forth above cannot be made, the

commissioner may prepare an estimate of what the actual reasonable and

necessary moving expenses, exclusive of any storage charges, would be if

the business were to be relocated and enter into an agreed settlement

with the owner of such business for an amount not to exceed such

estimate in lieu of such actual reasonable and necessary moving

expenses. Application for payment under this subdivision shall be made

to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section. As used

in this subdivision the term "commercial property" shall include

property owned by an individual, family, partnership, corporation,

association or a nonprofit organization and includes a farm operation.

As used in this subdivision the term "business" means any lawful

activity, except a farm operation, conducted primarily for the purchase,

sale, lease and rental of personal and real property, and for the

manufacture, processing, or marketing of products, commodities, or any

other personal property; for the sale of services to the public; or by a

nonprofit organization.

11. Authorization is hereby given to the commissioner to make

supplemental relocation payments, separately computed and stated, to

displaced owners and tenants of residential property acquired pursuant

to this section who are entitled thereto, as determined by him. The

commissioner, with the approval of the director of the budget, may

establish and from time to time amend rules and regulations providing

for such supplemental relocation payments. Such rules and regulations

may further define the terms used in this subdivision. In the case of

property acquired pursuant to this section which is improved by a

dwelling actually owned and occupied by the displaced owner for not less

than one hundred eighty days immediately prior to initiation of

negotiations for the acquisition of such property, such payment to such

owner shall not exceed fifteen thousand dollars. Such payment shall be

the amount, if any, which, when added to the acquisition payment equals

the average price, established by the commissioner on a class, group or

individual basis, required to obtain a comparable replacement dwelling

that is decent, safe and sanitary to accommodate the displaced owner,

reasonably accessible to public services and places of employment and

available on the private market, but in no event shall such payment

exceed the difference between acquisition payment and the actual

purchase price of the replacement dwelling. Such payment shall include

an amount which will compensate such displaced owner for any increased

interest costs which such person is required to pay for financing the

acquisition of any such comparable replacement dwelling. Such amount

shall be paid only if the dwelling acquired pursuant to this section was

encumbered by a bona fide mortgage which was a valid lien on such

dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such dwelling. Such

amount shall be equal to the excess in the aggregate interest and other

debt service costs of that amount of the principal of the mortgage on

the replacement dwelling which is equal to the unpaid balance of the

mortgage on the acquired dwelling, over the remainder term of the

mortgage on the acquired dwelling, reduced to discounted present value.

The discount rate shall be the prevailing interest rate paid on savings

deposits by commercial banks in the general area in which the

replacement dwelling is located. Any such mortgage interest differential

payment shall, notwithstanding the provisions of section twenty-six-b of

the general construction law, be in lieu of and in full satisfaction of

the requirements of such section. Such payment shall include reasonable

expenses incurred by such displaced owner for evidence of title,

recording fees and other closing costs incident to the purchase of the

replacement dwelling, but not including prepaid expenses. Such payment

shall be made only to a displaced owner who purchases and occupies a

replacement dwelling which is decent, safe and sanitary within one year

subsequent to the date on which he is required to move from the dwelling

acquired pursuant to this section or the date on which he receives from

the state final payment of all costs of the acquired dwelling, whichever

occurs later, except advance payment of such amount may be made in

hardship cases. In the case of property acquired pursuant to this

section from which an individual or family, not otherwise eligible to

receive a payment pursuant to the above provisions of this subdivision,

is displaced from any dwelling thereon which has been actually and

lawfully occupied by such individual or family for not less than ninety

days immediately prior to the initiation of negotiations for the

acquisition of such property, such payment to such individual or family

shall not exceed four thousand dollars. Such payment shall be the amount

which is necessary to enable such individual or family to lease or rent

for a period not to exceed four years, a decent, safe, and sanitary

dwelling of standards adequate to accommodate such individual or family

in areas not generally less desirable in regard to public utilities and

public and commercial facilities and reasonably accessible to his place

of employment, but shall not exceed four thousand dollars, or to make

the down payment, including reasonable expenses incurred by such

individual or family for evidence of title, recording fees, and other

closing costs incident to the purchase of the replacement dwelling, but

not including prepaid expenses, on the purchase of a decent, safe and

sanitary dwelling of standards adequate to accommodate such individual

or family in areas not generally less desirable in regard to public

utilities and public and commercial facilities, but shall not exceed

four thousand dollars, except if such amount exceeds two thousand

dollars, such person must equally match any such amount in excess of two

thousand dollars, in making the down payment. Such payments may be made

in installments as determined by the commissioner. Application for

payment under this subdivision shall be made to the commissioner upon

forms prescribed by him and shall be accompanied by such information and

evidence as the commissioner may require. Upon approval of such

application, the commissioner shall deliver a copy thereof to the

comptroller, together with a certificate stating the amount due

thereunder, and the amount so fixed shall be paid out of the state

treasury after audit by the comptroller from moneys appropriated for the

acquisition of property under this section.

12. The owner of any real property so acquired may present to the

court of claims, pursuant to section five hundred three of the eminent

domain procedure law a claim for the value of such property acquired and

for legal damages caused by such acquisition, as provided by law for the

filing of claims with the court of claims. Awards and judgments of the

court of claims shall be paid in the same manner as awards and judgments

of that court for the acquisition of lands generally and shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of such real property.

13. If the superintendent shall determine subsequent to the

acquisition of a temporary easement in any real property that the

purposes for which such easement right was acquired have been

accomplished and that the exercise of such easement is no longer

necessary, he shall make his certificate that the exercise of such

easement is no longer necessary and that such easement right is

therefore terminated, released and extinguished. The superintendent

shall cause such certificate to be filed in the office of the department

of state and upon such filing all rights acquired by the state in such

property shall cease and determine. The superintendent shall cause a

certified copy of such certificate as so filed in the office of the

department of state to be mailed to the owner of the property affected,

as certified by the attorney general, if the place of residence of such

owner is known or can be ascertained by a reasonable effort and such

superintendent shall cause a further certified copy of such certificate

to be filed in the office of the recording officer of each county in

which the property affected or any part thereof is situated. On the

filing of such certified copy of such certificate with such recording

officer, it shall be his duty to record the same in his office in the

books used for recording deeds and to index the same against the name of

the people of the state of New York as grantor.

§ 214 — Establishment of training school

Establishment of training school. The superintendent may

establish and maintain a training school and make rules and regulations

for the conduct thereof; provided, however, that such regulations shall

provide that the children or surviving spouse of a state police officer

killed in the line of duty shall, if otherwise qualified, have a prior

and preferred right over other applicants to appointment to such

training school or academy.

§ 214-a — Child abuse prevention

Child abuse prevention. The superintendent shall, for all

members of the state police: (1) develop, maintain and disseminate

written policies and procedures pursuant to title six of article six of

the social services law and applicable provisions of article ten of the

family court act, regarding the mandatory reporting of child abuse or

neglect, reporting procedures and obligations of persons required to

report, provisions for taking a child into protective custody, mandatory

reporting of deaths, immunity from liability, penalties for failure to

report and obligations for the provision of services and procedures

necessary to safeguard the life or health of the child; and (2)

establish, and implement on an ongoing basis, a training program for all

current and new employees regarding the policies and procedures

established pursuant to this section.

§ 214-b — Family offense intervention

Family offense intervention. The superintendent shall, for

all members of the state police including new and veteran officers,

develop, maintain and disseminate, in consultation with the state office

for the prevention of domestic violence, written policies and procedures

consistent with article eight of the family court act and applicable

provisions of the criminal procedure and domestic relations laws,

regarding the investigation of and intervention in incidents of family

offenses. Such policies and procedures shall make provision for

education and training in the interpretation and enforcement of New

York's family offense laws, including but not limited to:

(a) intake and recording of victim statements, and the prompt

translation of such statements if made in a language other than English,

in accordance with subdivision (c) of this section, on a standardized

"domestic violence incident report form" promulgated by the state

division of criminal justice services in consultation with the

superintendent and with the state office for the prevention of domestic

violence, and the investigation thereof so as to ascertain whether a

crime has been committed against the victim by a member of the victim's

family or household as such terms are defined in section eight hundred

twelve of the family court act and section 530.11 of the criminal

procedure law;

(b) the need for immediate intervention in family offenses including

the arrest and detention of alleged offenders, pursuant to subdivision

four of section 140.10 of the criminal procedure law, and notifying

victims of their rights, in their native language, if identified as

other than English, in accordance with subdivision (c) of this section,

including but not limited to immediately providing the victim with the

written notice provided in subdivision six of section 530.11 of the

criminal procedure law and subdivision five of section eight hundred

twelve of the family court act.

(c) The superintendent, in consultation with the division of criminal

justice services and the office for the prevention of domestic violence

shall determine the languages in which such translation required by

subdivision (a) of this section, and the notification required pursuant

to subdivision (b) of this section, shall be provided. Such

determination shall be based on the size of the New York state

population that speaks each language and any other relevant factor. Such

written notice required pursuant to subdivision (b) of this section

shall be made available to all state police officers in the state.

§ 214-c — Elder abuse awareness

Elder abuse awareness. The superintendent, in cooperation

with the state office for the aging and the office of children and

family services, shall, for all members of the division of state police:

(1) develop, maintain and disseminate educational material relating to

abuse of adults, including physical abuse, sexual abuse, emotional

abuse, active neglect, passive neglect, self neglect, and financial

exploitation, as such terms are defined in section four hundred

seventy-three of the social services law, and identity theft, and (2)

establish and implement written procedures and policies in the event a

member of the division of state police encounters such abuse, including

the provision of information and referral.

§ 214-d — Human trafficking awareness

Human trafficking awareness. The superintendent, in

consultation with the office of temporary and disability assistance and

the division of criminal justice services, shall: (1) develop, maintain

and disseminate to all members of the state police, including new and

veteran officers, written policies, procedures and educational materials

relating to human trafficking victims, including services available for

victims of human trafficking, as referenced in section four hundred

eighty-three-bb of the social services law; and (2) establish and

implement written procedures and policies in the event a member of the

division of state police encounters an individual believed to be a

victim of human trafficking, which shall include, but not be limited to,

the provision of information and/or referral to an appropriate provider

of social and legal services to human trafficking victims, in accordance

with such section four hundred eighty-three-bb.

§ 214-e — Cardiopulmonary resuscitation training and retraining

Cardiopulmonary resuscitation training and retraining. 1. For

the purposes of this section, "cardiopulmonary resuscitation" shall have

the same meaning as provided in subdivision six of section six hundred

twenty-one of the general business law.

2. Each member of the division of state police shall be:

(a) trained in cardiopulmonary resuscitation during the training

process to become a trooper;

(b) retrained in cardiopulmonary resuscitation every two years; and

(c) required to demonstrate the satisfactory completion of training in

cardiopulmonary resuscitation.

§ 214-f — Emergency situations involving people with autism spectrum disorder and other developmental disabilities

Emergency situations involving people with autism spectrum

disorder and other developmental disabilities. The superintendent shall,

for all members of the state police:

1. Develop, maintain and disseminate, in consultation with the

commissioner of the office for people with developmental disabilities,

written policies and procedures consistent with section 13.43 of the

mental hygiene law, regarding the handling of emergency situations

involving individuals with autism spectrum disorder and other

developmental disabilities. Such policies and procedures shall make

provisions for the education and training of new and veteran police

officers on the handling of emergency situations involving individuals

with developmental disabilities; and

2. Recommend to the governor, rules and regulations with respect to

establishment and implementation on an ongoing basis of a training

program for all current and new police officers regarding the policies

and procedures established pursuant to this subdivision, along with

recommendations for periodic retraining of police officers.

§ 214-g — Opioid antagonist awareness

Opioid antagonist awareness. The superintendent, in

cooperation with the department of health and the office of alcoholism

and substance abuse services, shall, for all members of the division of

state police: (1) develop, maintain and disseminate appropriate

instruction regarding section 60.49 of the criminal procedure law, and

(2) establish and implement written procedures and policies in the event

a member of the division of state police encounters a person who

possesses opioid antagonists.

§ 214-h — Extreme risk protection orders

* § 214-h. Extreme risk protection orders. The superintendent shall

for all members of the division of state police, including new and

veteran officers, develop, maintain and disseminate written policies and

procedures and educational materials regarding the availability of and

procedure for filing extreme risk protection orders under article

sixty-three-A of the civil practice law and rules, including the

requirements for police officers under section six thousand forty-one of

such law.

* NB There are 2 § 214-h's

§ 214-i — Child-sensitive arrests

Child-sensitive arrests. The superintendent, in consultation

with the office of children and family services, shall develop, maintain

and disseminate to all members of the state police written policies and

procedures, regarding child-sensitive arrest practices. Such policies

and procedures shall address situations in which the parent, guardian,

or other person legally charged with the care or custody of a child less

than eighteen years old is arrested. Such policies and procedures shall

include, but not be limited to:

(a) procedures regarding identification and documentation of whether

an arrestee is the parent, guardian or person legally charged with the

care or custody of a child;

(b) procedures to allow for the arrangement of temporary care for the

child of an arrested parent, guardian or other person legally charged

with the care or custody of such child, which may include allowing the

arrested parent, guardian or other person legally charged with the care

or custody of such child to place additional phone calls to arrange for

child care;

(c) appropriate actions that will allow law enforcement to assist in

minimizing the impact of the emotional harm caused by witnessing such

arrests; and

(d) information on the availability of access to community-based

providers of crisis intervention, child protection and other supportive

resources that could aid the child of an arrested parent, guardian or

other person legally charged with the care or custody of such child.

§ 214-j — Critical incident policy

Critical incident policy. 1. As used in this section, the

following terms shall have the following meanings:

(a) "Critical incident" shall mean the following actions when

performed by a member or experienced by a member in the course of

official duties: (i) an action that directly causes serious physical

injury or death to another person or member; (ii) a discharge of a

firearm by a member directed at another person; (iii) a traffic accident

or incident involving a division vehicle, aircraft, or vessel that

results in serious physical injury or death; or (iv) any other incident

deemed appropriate by the superintendent or their designee.

(b) "Serious physical injury" shall mean an injury that, based on the

facts and circumstances reasonably known at the time of the incident,

appears to involve a substantial risk of death or an obvious and severe

impairment of a major bodily function, such that a reasonable person

would conclude the injury is life-threatening or significantly

life-altering, without regard to later medical findings, prognosis, or

outcome. The determination of a "serious physical injury" shall be made

by the superintendent or their designee based on the observable

conditions and available information at the time the supervisor arrives

at the scene of the critical incident, and shall not be affected by

subsequent medical evaluation or recovery. "Serious physical injury"

shall include, but not be limited to, suspected spinal cord injury or

paralysis, severe penetrating head injury, massive blood loss, or loss

of limb.

(c) "Directly involved" shall mean any member who was physically

present within the immediate proximity of a critical incident at the

time it occurred and whose direct exposure to the incident placed the

member within the immediate zone of operational engagement, regardless

of whether the member discharged a weapon or otherwise used force.

(d) "Primary member" means any directly involved member who

justifiably used deadly physical force during the critical incident, or

whose actions during the critical incident appear to be the most

immediate and substantial cause of death or serious physical injury to a

person.

2. The superintendent shall develop, maintain, and disseminate to all

members of the division of state police a critical incident paid leave

policy that provides for paid critical incident leave in accordance with

this section.

3. Such critical incident paid leave policy shall guarantee: (a) paid

critical incident leave of at least twenty calendar days for any primary

member whose official actions were the direct and proximate cause of the

death of another person; (b) paid critical incident leave of at least

ten calendar days for any other member directly involved in the critical

incident; and (c) paid critical incident leave under such other

circumstances the superintendent or their designee determines

appropriate. Such leave shall constitute a separate category of leave

and shall not count against vacation, sick, or personal leave accruals.

Such leave, where appropriate, shall be designated as family and medical

leave act and/or count against a member's workers' compensation leave

entitlement.

4. Critical incident paid leave shall begin as soon as possible after

the critical incident, provided that initial supervisory inquiries of

the involved members shall occur before leave commences. Critical

incident leave may only be delayed to ensure minimum necessary staffing

levels or protect community safety. Delays shall only be as long as

necessary to address such concerns. Upon agreement of the member and the

superintendent or their designee, the member shall be allowed to return

to duty prior to the completion of the period of critical incident

leave.

5. In any case where critical incident paid leave has been made to a

member, and it is thereafter determined that a critical incident did not

occur or that the member's actions that resulted in the serious physical

injury or death of another person were not justified, the superintendent

or their designee may order the deduction of equivalent vacation or

personal leave days and/or the withholding of future paid leave to such

member, provided that the amount of days deducted and/or withheld shall

not be more than the critical incident paid leave days that were

originally provided.

6. The superintendent shall be prohibited from taking any punitive

administrative action against any member granted critical incident leave

under this section solely on the basis of the provision of such leave

unless the leave was provided, at least in part, based upon the member's

fraud, deceit, or misrepresentation.

7. The superintendent is authorized to promulgate rules and

regulations to implement, administer, and enforce the provisions of this

section.

§ 215 — Organization; salaries; qualifications; appointment; term; rules and regulations

Organization; salaries; qualifications; appointment; term;

rules and regulations. 1. The New York state police shall, in addition

to the superintendent, consist of the following sworn members:

(a) a headquarters staff consisting of the following positions:

(1) one first deputy superintendent;

(2) one deputy superintendent who shall serve as field commander;

(3) one deputy superintendent in charge of administrative services;

(4) one deputy superintendent in charge of employee relations,

training and human resources;

(5) one deputy superintendent who shall serve as chief inspector in

charge of inspectional services and internal affairs;

(6) one counsel;

(7) seven assistant deputy superintendents, one of whom shall be

assigned to the uniform force, one to the bureau of criminal

investigation, two for administrative services, one for employee

relations, training and human resources, and two who shall serve as

deputy chief inspectors;

(8) one confidential assistant;

(9) one first assistant counsel and such assistant counsels and staff

attorneys as the superintendant may appoint;

(10) such inspectors as the superintendent may appoint;

(11) such majors, one of whom shall be the director of training and

commanding officer of the New York state police academy and one of whom

shall be in charge of the detail assigned for special duty with the

governor, as the superintendent may appoint;

(12) such captains as the superintendent may appoint;

(13) such technical lieutenants as the superintendent may appoint;

(14) one chief technical sergeant;

(15) such staff sergeants and technical sergeants as the

superintendent may appoint from time to time; and

(16) such additional members as the superintendent may deem necessary

for the adequate and proper administration of the New York state police.

(b) in addition to the headquarters staff there shall be not less than

ten troops each composed of:

(1) one major;

(2) not less than seven lieutenants; such lieutenants designated as

captains by the superintendent shall serve as zone commanders;

(3) one first sergeant;

(4) such sergeants as the superintendent may appoint within the sums

appropriated therefor; sergeants designated by the superintendent as

zone sergeants shall serve as assistant zone commanders;

(5) such technical sergeants as the superintendent may appoint from

time to time within the sums appropriated therefor;

(6) such corporals as shall hold office as such; and

(7) such troopers as the superintendent may appoint within the sums

appropriated therefor.

Appointment or assignment to such positions shall be made by the

superintendent who shall also fix the salaries for such positions

subject to the approval of the director of the budget within the sums

appropriated therefor.

The superintendent may appoint to the troops, within the sums

appropriated therefor, as members of the New York state police, such

numbers as may be required to carry out the purposes of the New York

state police, and he may also from time to time, within the sums

appropriated therefor, appoint such other additional personnel as may be

required for all necessary police purposes, including policing and

protecting the lands and parkways of the state.

2. a. Salary schedules for the titles of trooper, sergeant, technical

sergeant, station commander, zone sergeant, first sergeant, staff

sergeant, chief technical sergeant, lieutenant, technical lieutenant,

lieutenant BCI, captain, captain BCI and major:

(1) Effective April first, two thousand twenty-three, members of the

collective negotiating unit consisting of troopers in the division of

state police shall receive a basic annual salary pursuant to the

following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties

Trainee 1 N/A N/A N/A $61,400

Step 1 $87,101 $88,401 $88,471 $86,861

Step 2 $92,406 $93,705 $94,045 $92,162

Step 3 $95,583 $96,880 $97,221 $95,339

Step 4 $99,348 $100,644 $100,986 $99,105

Step 5 $103,531 $104,829 $105,171 $103,289

(2) Effective April first, two thousand twenty-four, members of the

collective negotiating unit consisting of troopers in the division of

state police shall receive the basic annual salary pursuant to the

following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties

Trainee 1 N/A N/A N/A $63,242

Step 1 $89,714 $91,053 $91,403 $89,467

Step 2 $95,178 $96,516 $96,866 $94,927

Step 3 $98,450 $99,786 $100,138 $98,199

Step 4 $102,328 $103,663 $104,016 $102,078

Step 5 $106,637 $107,974 $108,326 $106,388

(3) Effective April first, two thousand twenty-five, members of the

collective negotiating unit consisting of troopers in the division of

state police shall receive a basic annual salary pursuant to the

following schedule:

Orange, City of New Nassau and All Other

Putnam and York, Rockland Suffolk Locations

Dutchess and Westchester Counties

Counties Counties

Trainee 1 N/A N/A N/A $65,139

Step 1 $92,405 $93,785 $94,145 $92,151

Step 2 $98,033 $99,411 $99,772 $97,775

Step 3 $101,404 $102,780 $103,142 $101,145

Step 4 $105,398 $106,773 $107,136 $105,140

Step 5 $109,836 $111,213 $111,576 $109,580

(4) Effective April first, two thousand twenty-three, members of the

collective negotiating unit consisting of commissioned and

non-commissioned officers in the division of state police shall receive

a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others

Sergeant and

Technical

Sergeant $121,949 $123,248 $123,589 $121,706

Station

Commander $125,889 $127,189 $127,528 $125,650

Zone

Sergeant $127,898 $129,193 $129,534 $127,657

First, Staff

and Chief

T/Sgt $134,479 $135,775 $136,116 $134,235

Lieutenant and

Technical

Lieutenant $145,735 $147,031 $147,371 $145,495

Lieutenant

BCI $148,590 $149,887 $150,228 $148,346

Captain $155,422 $156,719 $157,063 $155,180

Captain BCI $158,319 $159,614 $159,955 $158,074

Major $165,609 $166,904 $167,244 $165,363

(5) Effective April first, two thousand twenty-four, members of the

collective negotiating unit consisting of commissioned and

non-commissioned officers in the division of state police shall receive

a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others

Sergeant and

Technical

Sergeant $125,607 $126,945 $127,297 $125,357

Station

Commander $129,666 $131,005 $131,354 $129,420

Zone

Sergeant $131,735 $133,069 $133,420 $131,487

First, Staff

and Chief

T/Sgt $138,513 $139,848 $140,199 $138,262

Lieutenant and

Technical

Lieutenant $150,107 $151,442 $151,792 $149,860

Lieutenant

BCI $153,048 $154,384 $154,735 $152,796

Captain $160,085 $161,421 $161,775 $159,835

Captain BCI $163,069 $164,402 $164,754 $162,816

Major $170,577 $171,911 $172,261 $170,324

(6) Effective April first, two thousand twenty-five, members of the

collective negotiating unit consisting of commissioned and

non-commissioned officers in the division of state police shall receive

a basic annual salary pursuant to the following schedule:

O/P/Du NYC/R/W Nass/Suff All Others

Sergeant and

Technical

Sergeant $129,375 $130,753 $131,116 $129,118

Station

Commander $133,556 $134,935 $135,295 $133,303

Zone

Sergeant $135,687 $137,061 $137,423 $135,432

First, Staff

and Chief

T/Sgt $142,668 $144,043 $144,405 $142,410

Lieutenant and

Technical

Lieutenant $154,610 $155,985 $156,346 $154,356

Lieutenant

BCI $157,639 $159,016 $159,377 $157,380

Captain $164,888 $166,264 $166,628 $164,630

Captain BCI $167,961 $169,334 $169,697 $167,700

Major $175,694 $177,068 $177,429 $175,434

b. The salary schedules in subparagraphs one, two, three and four of

paragraph a of this subdivision shall reflect a five-step progression

from the entry level, step 1 salary to the highest level, step 5, for

the position of trooper.

c. The salary schedules in paragraph a of this subdivision reflect the

basic annual salary for employees in those titles listed whose principal

place of employment, or in the case of a field employee, whose official

station as determined in accordance with the regulations of the state

comptroller is located in the locations listed in the salary schedule.

The salary schedules shall not be applicable to those members in the

title of Special Trooper.

2-a. The superintendent may also appoint a division physician who

shall be the medical consultant and chief medical examiner of the New

York state police, and assistant division physicians each of whom shall

be an assistant medical consultant and assistant chief medical examiner

of the New York state police.

3. The sworn members of the New York state police shall be appointed

by the superintendent and permanent appointees may be removed by the

superintendent only after a hearing. No person shall be appointed to the

New York state police force as a sworn member unless such person shall

be a citizen of the United States, between the ages of twenty-one and

forty-three years. Notwithstanding any other provision of law or any

general or special law to the contrary the time spent on military duty,

not exceeding a total of six years, shall be subtracted from the age of

any applicant who has passed their forty-third birthday, solely for the

purpose of permitting qualification as to age and for no other purpose.

Such limitations as to age however shall not apply to persons appointed

to the positions of counsel, first assistant counsel, assistant counsel,

and assistant deputy superintendent for employee relations nor to any

person appointed to the bureau of criminal investigation pursuant to

section two hundred sixteen of this article nor shall any person be

appointed unless such person has fitness and good moral character and

shall have passed a physical and mental examination based upon standards

provided by the rules and regulations of the superintendent.

Appointments shall be made for a probationary period which, in the case

of appointees required to attend and complete a basic training program

at the state police academy, shall include such time spent attending the

basic school and terminate one year after successful completion thereof.

All other sworn members shall be subject to a probationary period of one

year from the date of appointment. Following satisfactory completion of

the probationary period the member shall be a permanent appointee.

Voluntary resignation or withdrawal from the New York state police

during such appointment shall be submitted to the superintendent for

approval. Reasonable time shall be required to account for all equipment

issued or for debts or obligations to the state to be satisfied.

Resignation or withdrawal from the division during a time of emergency,

so declared by the governor, shall not be approved if contrary to the

best interest of the state and shall be a misdemeanor. No sworn member

removed from the New York state police shall be eligible for

reappointment. The superintendent shall make rules and regulations

subject to approval by the governor for the discipline and control of

the New York state police and for the examination and qualifications of

applicants for appointment as members thereto and such examinations

shall be held and conducted by the superintendent subject to such rules

and regulations. The superintendent is authorized to charge a fee of

twenty dollars as an application fee for any person applying to take a

competitive examination for the position of trooper, and a fee of five

dollars for any competitive examination for a civilian position. The

superintendent shall promulgate regulations subject to the approval of

the director of the budget, to provide for a waiver of the application

fee when the fee would cause an unreasonable hardship on the applicant

and to establish a fee schedule and charge fees for the use of state

police facilities.

3-a. Notwithstanding any other law, rule or regulation to the

contrary, the superintendent shall promulgate rules and regulations

subject to approval by the governor for the administration of

supplemental competitive examinations, to be given at not less than six

month intervals for two years following the application deadline date of

the regular competitive examination for the position of trooper, for

individuals who, on the application deadline date or on the date of the

regular competitive examination, are in the active military service and

are otherwise qualified to sit for such exam.

4. The comptroller is hereby authorized to deduct from the salary of

any member of the New York state police or any employee of the New York

state police who holds life or group insurance under any salary savings

plan of the insurer such amounts, for payment of the premium thereon, as

such member or employee may specify in writing filed with the

comptroller, and to transmit to the insurer the sums so deducted. Any

such written authorization may be withdrawn by such member or employee

at any time upon filing written notice of such withdrawal with the

comptroller. Notwithstanding the foregoing provisions of this

subdivision, the employee organization certified, pursuant to article

fourteen of the civil service law, to represent the collective

negotiating unit consisting of troopers in the division of state police

shall have exclusive payroll deduction of membership dues and premiums

for insurance and mass-merchandized automobile and homeowners' insurance

policies for members of such collective negotiating unit and the

employee organization certified to represent the collective negotiating

unit consisting of commissioned and non-commissioned officers and the

employee organization certified to represent the collective negotiating

unit consisting of investigators, senior investigators and investigative

specialists in the division of state police shall have exclusive payroll

deduction of premiums for insurance programs for members of such

collective negotiating unit for which it is so certified. Payroll

deductions for such dues and premiums for members of such collective

negotiating units shall not be authorized for any other employee

organization or group except by express written approval of such

appropriate certified employee organization.

5. Whenever the superintendent finds that under community wage

practices in private or other public employment in one or more areas or

locations in the state, wage rates of police officers in a given

location are substantially higher than the wage rates paid by the state,

he or she may, subject to the approval of the director of the budget,

authorize a pay differential to be added as an adjustment to the

established salary rates for the same or related occupations in the

state police in such areas or locations. A pay differential under this

subdivision shall be a percentage or a fixed dollar amount as prescribed

in each case by the superintendent subject to the approval of the

director of the budget. Such differentials shall be in addition to and

shall not be part of a member's basic annual salary, and shall not

affect or impair any performance advancement payments, performance

awards, longevity payments or other rights or benefits to which a member

may be entitled under the provisions of this chapter, provided, however,

that any differential payable pursuant to this subdivision shall be

included as compensation for retirement purposes. A pay differential

shall be terminated for any member when he or she ceases to be employed

in the position, or area or location for which such pay differential was

authorized. A pay differential shall remain in effect until terminated

by the superintendent, with the consent of the director of the budget or

until a new pay differential is authorized pursuant to this subdivision.

The director of the budget may adopt such regulations as he or she may

deem necessary to carry out the provisions of this subdivision.

§ 216 — Bureau of criminal investigation

Bureau of criminal investigation. 1. The superintendent may

continue, within the New York state police, a bureau of criminal

investigation and assign to it members of the New York state police in

such numbers and appoint to it such investigative specialists in such

numbers as may be required for the purpose of preventing, investigating

and detecting violations of the criminal laws of the state, and

conducting such other investigations as may be provided for by law.

Members of the New York state police assigned to the bureau of criminal

investigation and investigative specialists appointed to the bureau by

the superintendent shall be classified as (a) investigators; (b) senior

investigators; (c) lieutenants; (d) captains; provided, however, that

investigative specialists appointed to the bureau of criminal

investigation may be appointed as investigators or senior investigators

at salaries to be determined by the superintendent with the approval of

the director of the budget within the range from minimum to maximum

provided for in this section for the positions to which appointments are

made. Investigative specialists appointed to the bureau of criminal

investigation shall be deemed to be members of the New York state police

upon the filing by them of the constitutional oath of office, but shall

not be eligible for transfer to the uniform force unless otherwise

qualified under section two hundred fifteen of this article. The

superintendent may employ, from time to time, within the appropriation,

such skilled experts, scientists, technicians or other specially

qualified persons as he deems necessary to aid the bureau and the New

York state police in preventing or detecting crime, apprehending

criminals, or preparing and presenting evidence of violations of the

criminal laws of the state. Upon request of the head of any state

department, or of any police agency or of any district attorney within

the state, the superintendent may assign to such requesting authority

members of the state police attached to the bureau of criminal

investigation in such numbers and for such periods of time as he may

deem necessary for the purpose of investigating and detecting felonies

committed within the state. Members of the state police assigned or

appointed to the bureau of criminal investigation are empowered to

cooperate with departments of the United States government in the

investigation of violations of the federal laws of the grade of felony

within this state. The superintendent may, from time to time, establish

headquarters or stations in such localities of the state as he shall

deem most suitable for the efficient operation of the bureau of criminal

investigation.

2. (a) There shall be within the bureau of criminal investigation a

hate crime task force. The superintendent shall assign to it such

personnel as may be required for the purpose of preventing,

investigating, and detecting hate crimes as defined in article four

hundred eighty-five and sections 240.30 and 240.31 of the penal law.

When at all possible, the task force members shall assist and support

other law enforcement agencies in preventing, investigating, and

detecting offenses committed due to a perception or belief regarding the

race, color, national origin, ancestry, gender, religion, religious

practice, age, disability or sexual orientation of a person.

(b) The task force shall issue reports and publications, in

conjunction with the division of human rights and the division of

criminal justice services, in order to inform persons of all available

rights and remedies under the penal law as referenced in paragraph (a)

of this subdivision, as well as prohibitions against discrimination

because of age, race, creed, color, national origin, sexual orientation,

military status, sex, disability, familial status, domestic violence

victim status, genetic predisposition status, or marital status as those

terms are defined by article fifteen of this chapter.

(c) The first report issued by the hate crimes task force, as required

by paragraph (b) of this subdivision, shall be issued within ninety days

of the effective date of this subdivision. Subsequent reports shall be

issued annually thereafter.

3. * a. Salary schedules for investigators, senior investigators, and

investigative specialists in the division of state police.

(1) Effective April first, two thousand fourteen, members assigned to

the bureau of criminal investigation and investigative specialists

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Senior

Investigator Investigator

Nassau and Suffolk $108,280 $97,796

New York City, Rockland,

Westchester $107,996 $97,511

Orange, Putnam, Dutchess $106,909 $96,425

All other locations $106,707 $96,222

(2) Effective April first, two thousand fifteen, members assigned to

the bureau of criminal investigation and investigative specialists

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Senior

Investigator Investigator

Nassau and Suffolk $110,446 $99,752

New York City, Rockland,

Westchester $110,156 $99,461

Orange, Putnam, Dutchess $109,047 $98,354

All other locations $108,841 $98,146

(3) Effective April first, two thousand sixteen, members assigned to

the bureau of criminal investigation and investigative specialists

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Senior

Investigator Investigator

Nassau and Suffolk $112,103 $101,248

New York City, Rockland,

Westchester $111,808 $100,953

Orange, Putnam, Dutchess $110,683 $99,829

All other locations $110,474 $99,618

(4) Effective April first, two thousand seventeen, members assigned to

the bureau of criminal investigation and investigative specialists

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Senior

Investigator Investigator

Nassau and Suffolk $113,785 $102,767

New York City, Rockland,

Westchester $113,485 $102,467

Orange, Putnam, Dutchess $112,343 $101,326

All other locations $112,131 $101,112

* NB Effective until certain conditions are met as set forth in

chapter 182 of 2025 § 26

* a. Salary schedules for investigators, senior investigators, and

investigative specialists in the division of state police.

(1) Effective April first, two thousand twenty-three, members assigned

to the bureau of criminal investigation as investigators and

investigative specialists appointed to the bureau by the superintendent,

shall receive a basic annual salary pursuant to the following schedule:

Orange New York City

Putnam Rockland Nassau

YOS All Other Dutchess Westchester Suffolk

0-1 $109,305 $109,305 $109,305 $109,305

1-2 $112,519 $112,519 $112,519 $112,519

2-3 $114,985 $115,229 $116,525 $116,866

3-4 $114,985 $115,229 $116,525 $116,866

4-5 $114,985 $115,229 $116,525 $116,866

5-6 $114,985 $115,229 $116,525 $116,866

6+ $116,092 $116,334 $117,633 $117,974

(2) Effective April first, two thousand twenty-four, members assigned

to the bureau of criminal investigation as investigators and

investigative specialists appointed to the bureau by the superintendent,

shall receive a basic annual salary pursuant to the following schedule:

Orange New York City

Putnam Rockland Nassau

YOS All Other Dutchess Westchester Suffolk

0-1 $112,584 $112,584 $112,584 $112,584

1-2 $115,895 $115,895 $115,895 $115,895

2-3 $118,435 $118,686 $120,021 $120,372

3-4 $118,435 $118,686 $120,021 $120,372

4-5 $118,435 $118,686 $120,021 $120,372

5-6 $118,435 $118,686 $120,021 $120,372

6+ $119,575 $119,824 $121,162 $121,513

(3) Effective April first, two thousand twenty-five, members assigned

to the bureau of criminal investigation as investigators and

investigative specialists appointed to the bureau by the superintendent,

shall receive a basic annual salary pursuant to the following schedule:

Orange New York City

Putnam Rockland Nassau

YOS All Other Dutchess Westchester Suffolk

0-1 $119,372 $119,372 $119,372 $119,372

1-2 $119,372 $119,372 $119,372 $119,372

2-3 $121,988 $122,247 $123,622 $123,983

3-4 $121,988 $122,247 $123,622 $123,983

4-5 $121,988 $122,247 $123,622 $123,983

5-6 $121,988 $122,247 $123,622 $123,983

6+ $123,162 $123,419 $124,797 $125,158

(4) Effective April first, two thousand twenty-three, members assigned

to the bureau of criminal investigation as senior investigators

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Orange New York City

Putnam Rockland Nassau

YOS All Other Dutchess Westchester Suffolk

0-1 $127,515 $127,757 $129,056 $129,397

1-2 $127,515 $127,757 $129,056 $129,397

2-3 $127,515 $127,757 $129,056 $129,397

3-4 $127,515 $127,757 $129,056 $129,397

4-5 $127,515 $127,757 $129,056 $129,397

5-6 $127,515 $127,757 $129,056 $129,397

6+ $128,622 $128,864 $130,160 $130,502

(5) Effective April first, two thousand twenty-four, members assigned

to the bureau of criminal investigation as senior investigators

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Orange New York City

Putnam Rockland Nassau

YOS All Other Dutchess Westchester Suffolk

0-1 $131,340 $131,590 $132,928 $133,279

1-2 $131,340 $131,590 $132,928 $133,279

2-3 $131,340 $131,590 $132,928 $133,279

3-4 $131,340 $131,590 $132,928 $133,279

4-5 $131,340 $131,590 $132,928 $133,279

5-6 $131,340 $131,590 $132,928 $133,279

6+ $132,481 $132,730 $134,065 $134,417

(6) Effective April first, two thousand twenty-five, members assigned

to the bureau of criminal investigation as senior investigators

appointed to the bureau by the superintendent, shall receive a basic

annual salary pursuant to the following schedule:

Orange New York City

Putnam Rockland Nassau

YOS All Other Dutchess Westchester Suffolk

0-1 $135,280 $135,538 $136,916 $137,277

1-2 $135,280 $135,538 $136,916 $137,277

2-3 $135,280 $135,538 $136,916 $137,277

3-4 $135,280 $135,538 $136,916 $137,277

4-5 $135,280 $135,538 $136,916 $137,277

5-6 $135,280 $135,538 $136,916 $137,277

6+ $136,455 $136,712 $138,087 $138,450

(7) With respect to subparagraphs one, two, three, four, five and six

of this paragraph, members assigned to the bureau of criminal

investigation as investigators, investigative specialists and senior

investigators appointed to the bureau by the superintendent shall be

paid a basic annual salary consistent with their years of service in the

bureau and their principal place of employment, or, in the case of a

field employee, whose official station, as determined in accordance with

the regulations of the state comptroller, is located in the city of New

York or in the counties of Orange, Putnam, Dutchess, Rockland,

Westchester, Nassau, or Suffolk as depicted on the schedules contained

in subparagraphs one, two, three, four, five and six of this paragraph.

(8) When any member assigned to the bureau of criminal investigation

completes a year of service entitling them to move to a higher salary,

they shall be paid the higher salary at the start of the pay period

immediately following their completion of the required years of service

in the bureau that move them to the next higher salary.

* NB Effective upon certain conditions being met as set forth in

chapter 182 of 2025 § 26

§ 216-a — Scientific crime detection laboratory

Scientific crime detection laboratory. 1. The superintendent

may maintain a scientific crime detection laboratory, and may appoint,

employ or assign a director thereof, and such additional members or

employees as he may deem necessary for the proper maintenance and

operation of such scientific crime detection laboratory, within the

appropriation. The superintendent may also employ, from time to time,

within the appropriation, such skilled experts, scientists, technicians

or other specially qualified persons as he deems necessary to aid the

New York state police and the laboratory in preventing or detecting

crime, apprehending criminals, or preparing and presenting evidence of

violations of the criminal laws of the state.

2. The superintendent may, from time to time, establish headquarters

or stations in such localities of the state as he shall deem most

suitable for the efficient operation of the laboratory.

§ 216-b — Salary increments

Salary increments. 1. A member whose annual basic salary is

prescribed by subparagraph one of paragraph a of subdivision two of

section two hundred fifteen of this article shall receive the minimum

salary of his position plus the number of increments which corresponds

to his years of service in such position, subject to the provisions of

this section, provided, however, that effective July first, nineteen

hundred seventy-one initial employment in the position of trooper shall

be at the training rate and progression of such members or any other

troopers paid at such training rate to the minimum salary of the

position of trooper shall be by means of an annual increment equal to

the difference between the training rate and the minimum salary of the

position of trooper subject to the conditions described in this

subdivision, except that on or after the date that the first

collectively negotiated agreement entered into after April first,

nineteen hundred eighty-one pursuant to article fourteen of the civil

service law covering the unit consisting of troopers in the division of

state police is executed in writing, initial employment in the position

of trooper shall be at training rate one and, such members shall advance

to training rate two effective on the first day of the next payroll

period following the member's anniversary date of appointment to the

division of state police, subject to the provisions of section

forty-four of the state finance law, provided the member's service in

the position has been satisfactory in the judgment of the

superintendent, and further progression of such members to the minimum

salary of the position of trooper shall be by means of an annual

increment subject to the conditions described in this subdivision.

Annual increments shall become effective on the first day of the next

payroll period following the member's anniversary date of appointment to

the division of state police, subject, however, to the provisions of

section forty-four of the state finance law. Except as provided below, a

member shall be eligible to receive an increment in such position on the

first day of the next payroll period following the member's anniversary

date of appointment to the division of state police, provided his

service in the position or positions held by the member during the

previous year has been satisfactory in the judgment of the

superintendent. No member shall receive an increment which would result

in the member receiving an annual salary in excess of the maximum salary

prescribed for his position, or the amount to which he may be entitled

pursuant to subdivisions two and five of this section. Notwithstanding

the foregoing provisions of this subdivision, members who are initially

employed in the position of trooper on or after October first, nineteen

hundred eighty-one shall be employed at training rate one and such

members shall advance to training rate two effective on the first day of

the payroll period immediately following their completion of one year of

service to the division, and further advancements of such members to

step one and subsequent steps shall be by means of an annual increment

to be effective on the first day of the payroll period following their

completion of each additional year of service; such advancement shall be

subject to the provisions of section forty-four of the state finance law

and shall be payable provided the member's service has been satisfactory

in the judgment of the superintendent. Notwithstanding the foregoing

provisions of this subdivision, on and after April first, nineteen

hundred ninety-six, members who are undergoing their initial training at

the New York state police academy shall receive the academy trainee

salary and effective upon graduation from such training shall advance to

trainee rate two and such members shall advance to step one effective on

the first day of the payroll period immediately following their

completion of one year of service to the division, and further

advancement of such members to subsequent steps shall be by means of an

annual increment to be effective on the first day of the payroll period

following their completion of each additional year of service; such

advancement shall be subject to the provisions of section forty-four of

the state finance law and shall be payable provided the member's service

has been satisfactory in the judgment of the superintendent.

2. (a)(1) Effective April first, two thousand twenty-three, all

members in the position of trooper in the division of state police,

which shall not include those in the title of special trooper, who on

their anniversary date of employment with the division of state police

have attained six or more years of such satisfactory service in the

division, shall be paid a longevity award according to the following

schedule for each year of such satisfactory service up to twenty-five

years:

Years of Service Amount per year

6-10 $556

11-15 $608

16-25 $659

(2) Effective April first, two thousand twenty-four, all members in

the position of trooper in the division of state police, which shall not

include those in the title of special trooper, who on their anniversary

date of employment with the division of state police have attained six

or more years of such satisfactory service in the division, shall be

paid a longevity award according to the following schedule for each year

of such satisfactory service up to twenty-five years:

Years of Service Amount per year

6-10 $573

11-15 $626

16-25 $679

(3) Effective April first, two thousand twenty-five, all members in

the position of trooper in the division of state police, which shall not

include those in the title of special trooper, who on their anniversary

date of employment with the division of state police have attained six

or more years of such satisfactory service in the division, shall be

paid a longevity award according to the following schedule for each year

of such satisfactory service up to twenty-five years:

Years of Service Amount per year

6-10 $590

11-15 $645

16-25 $699

(4) Individuals with greater than twenty-five years of service shall

continue to receive a longevity award at the twenty-five year amount.

Such payment shall commence in the pay period following such anniversary

date and shall be annualized and paid over the year-long period between

anniversary dates.

(b) The longevity amounts provided by this subdivision shall be in

addition to, and shall not be a part of, a member's annual basic salary,

and shall not impair any increments or other rights or benefits to which

a member may be entitled; provided, however, that longevity awards shall

be included as compensation for purposes of computation of overtime pay

and for retirement purposes. The provisions of this paragraph shall not

apply to members in the title of special trooper.

3. (a)(1) Effective April first, two thousand twenty-three, all

members in the collective negotiating unit consisting of commissioned

and non-commissioned officers in the division of state police, who on

their anniversary date of employment with the division of state police

have attained six or more years of such satisfactory service in the

division, shall be paid a longevity award according to the following

schedule for each year of such satisfactory service up to twenty-five

years:

Years of Service Amount per year

6-10 $556

11-15 $608

16-25 $659

(2) Effective April first, two thousand twenty-four, all members in

the collective negotiating unit consisting of commissioned and

non-commissioned officers in the division of state police, who on their

anniversary date of employment with the division of state police have

attained six or more years of such satisfactory service in the division,

shall be paid a longevity award according to the following schedule for

each year of such satisfactory service up to twenty-five years:

Years of Service Amount per year

6-10 $573

11-15 $626

16-25 $679

(3) Effective April first, two thousand twenty-five, all members in

the collective negotiating unit consisting of commissioned and

non-commissioned officers in the division of state police, who on their

anniversary date of employment with the division of state police have

attained six or more years of such satisfactory service in the division,

shall be paid a longevity award according to the following schedule for

each year of such satisfactory service up to twenty-five years:

Years of Service Amount per year

6-10 $590

11-15 $645

16-25 $699

(4) Individuals with greater than twenty-five years of service shall

continue to receive a longevity award at the twenty-five year amount.

Such payment shall commence in the pay period following such anniversary

date and shall be annualized and paid over the year-long period between

anniversary dates.

(b) Eligible members in the collective negotiating unit consisting of

commissioned and non-commissioned officers in the division of state

police, who are commissioned officers, effective April first, two

thousand, shall be paid supplemental longevities in addition to the

longevities provided for in paragraph (a) of this subdivision, in

accordance with the following schedule:

After five years following appointment as a commissioned officer -

five hundred dollars

After ten years following appointment as a commissioned officer - one

thousand dollars

After fifteen years following appointment as a commissioned officer -

one thousand five hundred dollars

Such payment shall commence in the pay period following such anniversary

date and shall be annualized and paid over the year-long period between

anniversary dates.

(c) The longevity amounts provided by this subdivision shall be in

addition to, and shall not be a part of, a member's annual basic salary,

and shall not impair any other rights or benefits to which a member may

be entitled; provided, however, that longevity awards shall be included

as compensation for purposes of computation of overtime pay and for

retirement purposes.

4. If a member is reassigned from the bureau of criminal investigation

to the uniform force in a competitive position, he shall be reassigned

to his permanent rank and, upon such reassignment, shall receive the

step entitlement, additional annual salary entitlement pursuant to

subdivision two of this section and additional increment pursuant to

subdivision three of this section of his permanent rank as he would have

earned in such rank had his service in the bureau of criminal

investigation been rendered continuously in his permanent rank to which

he is reassigned; provided, however, that the foregoing provisions of

this subdivision shall not create an entitlement to retroactive

payments.

* 5. (a) Members in the collective negotiating unit consisting of

investigators and senior investigators in the division of state police

who, effective April first, nineteen hundred ninety-eight, have attained

six or more years of satisfactory service with the division of state

police shall be paid a longevity award in accordance with the following

schedule. Thereafter, on their anniversary date of employment with the

division, such members shall move in the schedule appropriate to the

years of satisfactory service in the division they achieve on that

anniversary date.

Years of Service Longevity Benefit

6 $ 800

7 850

8 900

9 950

10 1,000

11 1,050

12 1,100

13 1,150

14 1,200

15 1,250

16 1,300

17 1,350

18 1,400

19 1,450

20 or more 1,500

Such payment shall commence in the pay period following such anniversary

date and shall be annualized and paid bi-weekly over the year-long

period between anniversary dates.

(b)(1) Effective April first, two thousand seven, all members of the

collective negotiating unit consisting of investigators, senior

investigators and investigative specialists in the division of state

police, who on their anniversary date of employment with the division of

state police have attained six or more years of such satisfactory

service in the division, shall be paid a longevity award according to

the following schedule for each year of such satisfactory service up to

twenty-five years:

Years of Service Amount per year

6-10 $430

11-15 $480

16-25 $530

(2) Effective April first, two thousand eight, all members of the

collective negotiating unit consisting of investigators, senior

investigators and investigative specialists in the division of state

police, who on their anniversary date of employment with the division of

state police have attained six or more years of such satisfactory

service in the division, shall be paid a longevity award according to

the following schedule for each year of such satisfactory service up to

twenty-five years:

Years of Service Amount per year

6-10 $460

11-15 $510

16-25 $560

(3) Effective April first, two thousand nine, all members of the

collective negotiating unit consisting of investigators, senior

investigators and investigative specialists in the division of state

police, who on their anniversary date of employment with the division of

state police have attained six or more years of such satisfactory

service in the division, shall be paid a longevity award according to

the following schedule for each year of such satisfactory service up to

twenty-five years:

Years of Service Amount per year

6-10 $500

11-15 $550

16-25 $600

(4) Effective April first, two thousand ten, all members of the

collective negotiating unit consisting of investigators, senior

investigators and investigative specialists in the division of state

police, who on their anniversary date of employment with the division of

state police have attained six or more years of such satisfactory

service in the division, shall be paid a longevity award according to

the following schedule for each year of such satisfactory service up to

twenty-five years:

Years of Service Amount per year

6-10 $540

11-15 $590

16-25 $640

(5) Individuals with greater than twenty-five years of service shall

continue to receive a longevity award at the twenty-five year amount.

Such payment shall commence in the pay period following such anniversary

date and shall be annualized and paid over the year-long period between

anniversary dates.

(c) The longevity amounts provided by this subdivision shall be in

addition to, and shall not be a part of, a member's annual basic salary,

and shall not impair any other rights or benefits to which a member may

be entitled; provided, however, that longevity awards shall be included

as compensation for purposes of computation of overtime pay and for

retirement purposes.

* NB Effective until certain conditions are met as set forth in

chapter 182 of 2025 § 26

* 5. (a) (1) Effective April first, two thousand twenty-three, all

members of the collective negotiating unit consisting of investigators,

senior investigators and investigative specialists in the division of

state police, who on their anniversary date of employment with the

division of state police have attained six or more years of such

satisfactory service in the division, shall be paid a longevity award

according to the following schedule for each year of such satisfactory

service up to twenty-five years:

Years of Service Amount per year

6-10 $556

11-15 $608

16-25 $659

(2) Effective April first, two thousand twenty-four, all members of

the collective negotiating unit consisting of investigators, senior

investigators and investigative specialists in the division of state

police, who on their anniversary date of employment with the division of

state police have attained six or more years of such satisfactory

service in the division, shall be paid a longevity award according to

the following schedule for each year of such satisfactory service up to

twenty-five years:

Years of Service Amount per year

6-10 $573

11-15 $626

16-25 $679

(3) Effective April first, two thousand twenty-five, all members of

the collective negotiating unit consisting of investigators, senior

investigators and investigative specialists in the division of state

police, who on their anniversary date of employment with the division of

state police have attained six or more years of such satisfactory

service in the division, shall be paid a longevity award according to

the following schedule for each year of such satisfactory service up to

twenty-five years:

Years of Service Amount per year

6-10 $590

11-15 $645

16-25 $699

(4) Individuals with greater than twenty-five years of service shall

continue to receive a longevity award at the twenty-five-year amount.

Such payment shall commence in the pay period following such anniversary

date and shall be annualized and paid over the year-long period between

anniversary dates.

(b) The longevity amounts provided by this subdivision shall be in

addition to, and shall not be a part of, a member's annual basic salary,

and shall not impair any increments or other rights or benefits to which

a member may be entitled; provided, however, that longevity awards shall

be included as compensation for purposes of computation of overtime pay

and for retirement purposes.

* NB Effective upon certain conditions being met as set forth in

chapter 182 of 2025, § 26

§ 216-c — Holiday compensation

Holiday compensation. 1. Notwithstanding the provisions of

section one hundred thirty-five of the civil service law, members of the

division of state police, other than troopers attending the state police

academy for basic training, the division physician, assistant division

physicians, inspectors, deputy chief inspectors, confidential assistant

to the superintendent, the assistant deputy superintendents, the chief

inspector, the counsel, first assistant counsel, assistant counsels,

deputy superintendents, first deputy superintendent, state police

director of personnel, assistant director of personnel-state police and

the state police director of scientific laboratory shall effective April

first, nineteen hundred eighty-five for members in the collective

negotiating unit consisting of commissioned and non-commissioned

officers in the division of state police and effective June thirteenth,

nineteen hundred eighty-five for such other members receive annual

holiday compensation in an amount to be computed for each member by

dividing his annual basic salary by one thousand nine hundred ninety-two

hours to obtain an hourly rate of pay and multiplying such hourly rate

by fifty-two and four-tenths hours, adjusted to the next higher whole

dollar amount. Such compensation shall be in lieu of any other premium

which may be paid for work on a legal holiday and shall be included in

and be a part of the member's annual basic salary and on and after April

first nineteen hundred eighty-five for members in the collective

negotiating unit consisting of commissioned and non-commissioned

officers in the division of state police established pursuant to article

fourteen of the civil service law and on and after June thirteenth,

nineteen hundred eighty-five for such other members is included in the

annual basic salary schedules applicable to such members pursuant to

this article.

* 2. In addition to the compensation provided in subdivision one of

this section, members of the collective negotiating unit consisting of

investigators, senior investigators and investigative specialists in the

division of state police, on the payroll on November first of each year,

shall continue to receive holiday compensation, effective April first,

two thousand ten, in the amount of fifteen hundred thirty-six dollars.

Effective April first, two thousand fourteen, such amount shall be

increased to fifteen hundred sixty-seven dollars. Effective April first,

two thousand fifteen, such amount shall be increased to fifteen hundred

ninety-eight dollars. Effective April first, two thousand sixteen, such

amount shall be increased to sixteen hundred twenty-two dollars.

Effective April first, two thousand seventeen, such amount shall be

increased to sixteen hundred forty-six dollars. Such payments shall be

in addition to, and shall not be part of, the member's annual basic

salary, except for the purpose of retirement, and shall be made in a

separate check during the payroll period which includes December first

each year.

* NB Effective until certain conditions are met as set forth in

chapter 182 of 2025 § 26

* 2. In addition to the compensation provided in subdivision one of

this section, members of the collective negotiating unit consisting of

investigators, senior investigators and investigative specialists in the

division of state police, on the payroll on November first of each year,

shall receive holiday compensation as follows:

April 1, 2023 $1,835

April 1, 2024 $1,890

April 1, 2025 $1,947

Such payments shall be in addition to, and shall not be part of, the

member's annual basic salary, except for the purpose of retirement and,

effective May eighth, two thousand twenty-five, overtime, and shall be

made in a separate check during the payroll period which includes

December first each year.

* NB Effective upon certain conditions being met as set forth in

chapter 182 of 2025 § 26

§ 216-d — Consumer product protection

Consumer product protection. 1. The superintendent, in

consultation with the commissioner of the division of criminal justice

services, shall establish a program to investigate actual and/or

suspected cases of consumer product tampering, as defined in sections

145.35, 145.40 and 145.45 of the penal law, within this state and may

assign such employees, as deemed necessary for the proper operation of

such program.

2. Such program shall provide that the state police may, upon request,

act as the coordinating agency responding to cases of suspected product

tampering. The superintendent in conjunction with the commissioner of

the division of criminal justice services, shall, by regulation,

establish uniform procedures that may be used by other agencies involved

in such cases.

3. The superintendent, in conjunction with the commissioner of the

division of criminal justice services, and with the cooperation of the

department of health, the department of agriculture and markets, and

other pertinent agencies, shall promulgate such additional rules and

regulations which in his/her discretion are necessary for the efficient

operation of this section. These regulations should include but not be

limited to the following:

a. the establishment of uniform procedures to be used whenever a law

enforcement or regulatory agency or other agency becomes involved in a

consumer product tampering incident. Such regulations shall require that

the state police provide direct investigative assistance or support

services to any law enforcement or regulatory agency upon request;

b. the establishment of a computerized central data base, located at

division headquarters, which will function as an information management

and retrieval system for matters involving consumer product tampering.

Notification of all consumer product tampering cases made to law

enforcement, regulatory agencies or other agencies shall be reported to

the central data base within five hours of such notification;

c. authorization, upon request, to use the scientific crime detection

laboratory to analyze evidence in connection with state police cases or

cases that originate with other law enforcement, regulatory agencies or

other agencies; and

d. establishment of a twenty-four hour consumer product tampering

phone line, to be set up at Headquarters' communication section in

Albany.

4. The superintendent, in cooperation with the division of criminal

justice services, shall make recommendations to the municipal police

training council for the establishment of a formalized consumer product

tampering training program for all law enforcement personnel.

§ 217 — Communication

Communication. There shall be established in the division of

state police, executive department, a basic coordinating police

communication system at the headquarters of the division of state police

and at such substations of the state police as shall be designated by

the superintendent of state police, for the purpose of prompt collection

and distribution of information throughout the state of New York as the

police problems of the state may require. This basic system shall be

known as the New York statewide police information network. Authority

is hereby granted to connect the basic system herein provided for,

directly or indirectly with other similar state, national or

international systems.

§ 218 — Installation, operation and maintenance of basic system; personnel

Installation, operation and maintenance of basic system;

personnel. The superintendent of state police is hereby authorized to

install, operate and maintain the basic system and to employ the

necessary personnel, within the appropriation, for its installation,

operation and maintenance; the persons so employed may be members of the

state police, or employees, particularly qualified for the duty they are

to perform.

§ 219 — Availability

Availability. The basic system herein provided for may be made

available for use by any department or division of the state government

and by any municipal, county, town, village, railroad or other special

police department lawfully maintained by any corporation in this state,

subject to the following terms and conditions: (a) application for

permission to connect with the basic system shall be made to the

superintendent of state police on forms to be provided by him; (b) such

application may be approved by the superintendent of state police if, as

and when in his discretion such connection is requisite and necessary

for the best interests of the entire system; (c) upon approval of such

application and before the applicant shall be connected with the basic

system, such applicant must agree to assume and pay all rentals for

sending and receiving stations or receiving stations only, as may be

authorized by the superintendent of state police for installation within

the jurisdiction of the applicant, and any and all costs of installation

and operation of such stations; (d) the state shall pay all rental for

necessary wire or circuit mileage required to connect such stations with

the basic system.

§ 220 — Orders, rules or regulations

Orders, rules or regulations. The basic system herein provided

for shall remain at all times under the control of the superintendent of

state police and such control may be exercised by him through any member

of the state police as he shall designate for such purpose. The

superintendent of state police is hereby authorized to make and issue

such orders, rules or regulations for the use of this system as in his

discretion are necessary for efficient operation.

§ 221 — System of criminal justice information

System of criminal justice information. 1. When any peace

officer or police agency within this state shall receive a complaint

that a felony involving the use of deadly physical force or a deadly

weapon has been committed, and if the perpetrator thereof be not

apprehended within thirty minutes after such complaint has been

received, or, in the case of any other felony, if the perpetrator

thereof be not apprehended within five hours, such police agency shall

cause information of such felony to be electronically entered into the

New York statewide police information network in accordance with the

rules for such entry promulgated by the superintendent of state police.

Police agencies not directly connected with the New York statewide

police information network shall transmit such information to the

nearest or most convenient electronic entry point, from which point it

will be immediately dispatched, in conformity with the orders, rules or

regulations governing the network.

2. Any warrant of arrest, bench warrant or superior court warrant of

arrest, as such terms are defined in section 1.20 of the criminal

procedure law, relating to any offense defined as a felony in

subdivision five of section 10.00 of the penal law, or a probation

warrant issued pursuant to section 410.40 of the criminal procedure law,

must be entered into the system no later than forty-eight hours from the

time it is received by the police officer or peace officer to whom it is

addressed if the subject of the warrant has not been apprehended prior

to that time.

3. When any police officer, peace officer or police agency in the

state shall receive a complaint of a missing child, as defined in

subdivision one of section eight hundred thirty-seven-e of this chapter,

such police officer, peace officer or police agency may, in his or her

discretion, as appropriate, cause information concerning such missing

child to be promptly dispatched over the police communication system.

Police agencies not connected with the basic system may transmit such

information to the nearest or most convenient electronic entry point,

from which point it may be promptly dispatched, in conformity with the

orders, rules or regulations governing the system. No dispatch or

transmission of a report concerning a missing child shall be required by

this subdivision if the investigating police department advises, in its

discretion, that the release of such information may jeopardize the

investigation or the safety of the child, or requests forbearance for

any reason.

§ 221-a — Computer system to carry information of orders of protection and warrants of arrest

Computer system to carry information of orders of protection

and warrants of arrest. 1. The superintendent, in consultation with the

division of criminal justice services, office of court administration,

and the office for the prevention of domestic violence, shall develop a

comprehensive plan for the establishment and maintenance of a statewide

computerized registry of all orders of protection issued pursuant to

articles four, five, six, eight and ten of the family court act, section

530.12 of the criminal procedure law and, insofar as they involve

victims of domestic violence as defined by section four hundred

fifty-nine-a of the social services law, section 530.13 of the criminal

procedure law and sections two hundred forty and two hundred fifty-two

of the domestic relations law and those orders of protection which a

court orders filed with the registry pursuant to subdivision five of

section 530.13 of the criminal procedure law, and any warrant arising

therefrom, extreme risk protection orders issued pursuant to article

sixty-three-A of the civil practice law and rules, and orders of

protection issued by courts of competent jurisdiction in another state,

territorial or tribal jurisdiction, special orders of conditions issued

pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one

of section 330.20 of the criminal procedure law insofar as they involve

a victim or victims of domestic violence as defined by subdivision one

of section four hundred fifty-nine-a of the social services law or a

designated witness or witnesses to such domestic violence, and all

warrants issued pursuant to sections one hundred fifty-three and eight

hundred twenty-seven of the family court act, and arrest and bench

warrants as defined in subdivisions twenty-eight, twenty-nine and thirty

of section 1.20 of the criminal procedure law, insofar as such warrants

pertain to orders of protection or temporary orders of protection;

provided, however, that warrants issued pursuant to section one hundred

fifty-three of the family court act pertaining to articles three and

seven of such act and section 530.13 of the criminal procedure law

except as provided for in this subdivision shall not be included in the

registry. The superintendent shall establish and maintain such registry

for the purposes of ascertaining the existence of orders of protection,

temporary orders of protection, warrants and special orders of

conditions, and for enforcing the provisions of paragraph (b) of

subdivision four of section 140.10 of the criminal procedure law.

2. The superintendent shall prescribe standardized forms for warrants

issued in connection with orders of protection and special orders of

conditions included in the statewide computerized registry. Except for

orders of protection issued by courts of competent jurisdiction in

another state, territorial or tribal jurisdiction, only those

standardized forms prescribed herein and pursuant to section eight

hundred fourteen-a of the family court act, subdivision three of section

two hundred forty of the domestic relations law, and subdivision twelve

of section 530.12 and subdivision one of section 530.13 of the criminal

procedure law shall be utilized in cases resulting in orders which must

be entered into the statewide computerized registry.

3. Whenever any court issues an order of protection or special order

of conditions, the sheriff's office or appropriate municipal police

department in the county in which the complainant or petitioner resides,

or if he or she resides within a city, the police department of such

city, which receives a copy of the order of protection or special order

of conditions from the clerk of the court or otherwise pursuant to law,

shall promptly transmit such information on the order of protection or

special order of conditions as required by rule and regulation over the

law enforcement communication system, including but not limited to: the

names of the parties to the proceeding giving rise to such order, the

date such order becomes effective, the date such order was served or

whether the defendant or respondent had actual knowledge of such order

because he or she was present in court when such order was issued, the

date such order is to expire, and the terms and conditions of such

order. When any peace officer, acting pursuant to his or her special

duties, or police officer receives a warrant issued by family court,

supreme court or by a criminal court pertaining to an order of

protection or special order of conditions, as described in subdivision

one of this section, the officer shall cause specific information on the

warrant as required by rule and regulation to be promptly dispatched

over the law enforcement communication system. For purposes of this

subdivision, municipal shall have the same meaning as municipality, as

defined in subdivision six of section eight hundred thirty-five of this

chapter. Notwithstanding the provisions of article fifty-four of the

civil practice law and rules, a person entitled to protection under an

order of protection issued by a court of competent jurisdiction in

another state, territorial or tribal jurisdiction, may file such order

without fee with the clerk of a court in this state having jurisdiction

over family, criminal or matrimonial proceedings; such order shall be

accompanied by a sworn affidavit that upon information and belief such

order is in effect as written and has not been vacated or modified. Upon

such filing, information regarding such order shall be transmitted to

the statewide computerized registry in accordance with this section,

provided, however, that such filing and registry entry shall not be

required for enforcement of such order.

4. Courts and law enforcement officials, including probation officers,

and employees of local correctional facilities and the department of

corrections and community supervision who are responsible for

monitoring, supervising or classification of incarcerated individuals or

parolees shall have the ability to disclose and share information with

respect to such orders and warrants consistent with the purposes of this

section, subject to applicable provisions of the family court act,

domestic relations law and criminal procedure law concerning the

confidentiality, sealing and expungement of records.

5. In no case shall the state or any state or local law enforcement

official or court official be held liable for any violations of rules

and regulations promulgated under this section, or for damages for any

delay or failure to file an order of protection or special order of

conditions, or to transmit information to the law enforcement

communication network pertaining to such orders or related family court

arrest warrants, or for acting in reliance upon such information. For

purposes of this subdivision law enforcement official shall include but

not be limited to an employee of a sheriff's office, or a municipal

police department or a peace officer acting pursuant to his or her

special duties.

6. The superintendent shall establish procedures for the prompt

removal of orders of protection and special orders of conditions from

the active files of the registry upon their expiration. The

superintendent shall establish procedures for prompt disclosure of such

orders and warrants consistent with the purposes of paragraph (a-1) of

subdivision one of section two hundred forty of the domestic relations

law and subdivision (e) of section six hundred fifty-one of the family

court act.

§ 221-b — Reporting to New York state violent crimes analysis program

Reporting to New York state violent crimes analysis program.

1. Every law enforcement agency which receives a report of an actual or

attempted abduction or molestation shall notify the New York state

violent crimes analysis program, via the requirements of the New York

statewide police information network, of such report. Such program shall

make comparisons of data in its files, and report to the law enforcement

agency making an initial report, any similarities to other reports

received by such program. The violent crimes analysis program shall also

notify the unit of a law enforcement agency which investigates homicides

when a report reveals similarities, patterns or modus operandi which

appear in reports of homicides.

2. Notwithstanding any other provision of law to the contrary, every

law enforcement agency that accepts responsibility for investigating a

homicide or attempted homicide, the discovery of unidentified human

remains, a reported missing person case where circumstances indicate a

strong possibility of foul play, or a sexual assault or attempted sexual

assault, shall make a written report of such investigation to the New

York state violent crimes analysis program. Such program shall conduct a

computerized commonality analysis and provide the submitting law

enforcement agency the results of such analysis. Every written report

made to the violent crimes analysis program shall be in form and content

as determined and prescribed by such program, upon the approval of the

superintendent of state police. An initial written report shall be made

to the violent crimes analysis program within thirty days of

commencement of an investigation. The results of a computerized

commonality analysis shall be provided by such program to the submitting

law enforcement agency upon completion of such analysis in a timely

manner, as prescribed by the superintendent of state police.

§ 221-c — Statewide repository of data relating to unlawful methamphetamine laboratories

Statewide repository of data relating to unlawful

methamphetamine laboratories. The division of state police shall

maintain a statewide repository of data relating to unlawful

methamphetamine laboratories, and develop and implement a program to

provide for the collection of data and the reporting thereof by law

enforcement agencies. Data acquired by law enforcement agencies relating

to unlawful methamphetamine laboratories shall be sent to the repository

as soon as reasonably practicable. Data in the repository shall be made

available to law enforcement agencies for the purpose of assisting them

in combating the unlawful manufacture, preparation or production of

methamphetamine.

§ 221-d — Discovery of an unlawful methamphetamine laboratory

Discovery of an unlawful methamphetamine laboratory. 1.

Whenever a law enforcement agency discovers or recognizes the presence

of an unlawful methamphetamine laboratory, such agency shall, as soon as

reasonably practicable, notify, or cause to be notified, the division of

state police regarding the location of such laboratory.

2. Whenever the division of state police receives a report of an

unlawful methamphetamine laboratory, or discovers or recognizes the

presence of an unlawful methamphetamine laboratory, such division, as

soon as reasonably practicable shall notify, or cause to be notified,

the department of environmental conservation of such information.

§ 222 — Radio communication system

Radio communication system. The superintendent may establish a

system of police radio communication and for such purpose may purchase

or lease all necessary equipment for the operation thereof within the

appropriation.

§ 223 — Duties and powers of the superintendent of state police and of members of the state police

* § 223. Duties and powers of the superintendent of state police and

of members of the state police. 1. It shall be the duty of the

superintendent of the state police and of members of the state police to

prevent and detect crime and apprehend criminals. They shall also be

subject to the call of the governor and are empowered to co-operate with

any other department of the state or with local authorities. They shall

also collect and analyze information relating to prevention and

detection of terrorist threats and terrorist activities throughout the

state and share all such information subject to paragraph (g) of

subdivision two of section seven hundred nine of this chapter among the

division of homeland security and emergency services, and local, state,

and federal law enforcement agencies to ensure the coordination of

appropriate intelligence to assist in the early identification of and

response to potential terrorist threats and terrorist activities. They

shall have power to arrest, without a warrant, any person committing or

attempting to commit within their presence or view a breach of the peace

or other violation of law, to serve and execute warrants of arrest or

search issued by proper authority and to exercise all other powers of

police officers of the state of New York. Any such warrants issued by

any magistrate of the state may be executed by them in any part of the

state according to the tenor thereof without indorsement. But they shall

not exercise their powers within the limits of any city to suppress

rioting and disorder except by direction of the governor or upon the

request of the mayor of the city with the approval of the governor. Any

member of the rank of sergeant or above may take pre-arraignment bail

from any defendant in the amounts and under the circumstances and

conditions that police may take bail.

2. The superintendent may, by written order, designate a police

officer, as defined in paragraph (b), (c) or (d) of subdivision

thirty-four of section 1.20 of the criminal procedure law, to assist

members of the state police in order to more effectively address the

detection of crime and apprehension of criminals within the state and

its localities. Police officers so designated, while actively working

in conjunction with members of the state police either directly or as

part of a specific task force, shall be paid by and remain employees of

their particular county, city, town or village, but shall for purposes

of the criminal procedure law, have their geographic area of employment

deemed to be New York state.

* NB Effective until September 1, 2027

* § 223. Duties and powers of the superintendent of state police and

of members of the state police. It shall be the duty of the

superintendent of the state police and of members of the state police to

prevent and detect crime and apprehend criminals. They shall also be

subject to the call of the governor and are empowered to co-operate with

any other department of the state or with local authorities. They shall

also collect and analyze information relating to prevention and

detection of terrorist threats and terrorist activities throughout the

state and share all such information subject to paragraph (g) of

subdivision two of section seven hundred nine of this chapter among the

division of homeland security and emergency services and local, state,

and federal law enforcement agencies to ensure the coordination of

appropriate intelligence to assist in the early identification of and

response to potential terrorist threats and terrorist activities. They

shall have power to arrest, without a warrant, any person committing or

attempting to commit within their presence or view a breach of the peace

or other violation of law, to serve and execute warrants of arrest or

search issued by proper authority and to exercise all other powers of

police officers of the state of New York. Any such warrants issued by

any magistrate of the state may be executed by them in any part of the

state according to the tenor thereof without indorsement. But they shall

not exercise their powers within the limits of any city to suppress

rioting and disorder except by direction of the governor or upon the

request of the mayor of the city with the approval of the governor. Any

member of the rank of sergeant or above may take pre-arraignment bail

from any defendant in the amounts and under the circumstances and

conditions that police may take bail.

* NB Effective September 1, 2027

§ 224 — Verification of complaint

Verification of complaint. Where a summons has been served by a

member of the state police in lieu of arrest, in cases of violation of

the vehicle and traffic law or such ordinances, rules or regulations

enacted pursuant thereto or pursuant to any other law relating to

traffic, or in cases of violations of the navigation law or such

ordinances, rules or regulations enacted pursuant thereto or pursuant to

any other law relating to navigation, any major, any captain or any

lieutenant or sergeant of the state police assigned to the troop in

which the service of the summons is reported, is hereby authorized to

administer to such member all necessary oaths in connection with the

execution of the complaint to be presented in court by such member in

the prosecution of such offense.

§ 225 — Enforcement of conservation law

Enforcement of conservation law. All the powers and duties now

conferred or imposed upon inspectors and game protectors under article

four of the conservation law, in relation to fish, birds and quadrupeds,

hereafter shall be exercised and performed by the state police,

inspectors and game protectors.

§ 225-a — Lost and found property

Lost and found property. The state police shall perform the

duties with respect to found property and found instruments provided in

article seven-b of the personal property law. The superintendent may

designate a member or members of the state police to accept and keep

custody of found property and instruments, may prescribe procedures for

determining the value and for estimating the net sum likely to be

realized by sale at public auction of lost property as defined in such

article, for disposition of derelict automobiles and other property

having no value or salvage value only and for sale of property as

authorized by such article and may prescribe rules not inconsistent with

such article seven-b with respect to form and manner of giving notices

and with respect to forms of reports of found property or instruments

and with respect to storage of found property.

§ 226 — Employment of state police in towns, villages, police districts

Employment of state police in towns, villages, police

districts. 1. The governing board of any police district provided for

under article fourteen-a of the town law or of any town or of any

village, may from time to time respectively contract upon behalf of said

district, town or village with the superintendent of state police upon

behalf of the state for the regular assignment of state police to said

district, town or village upon the following terms and conditions: The

superintendent of state police shall detail such number of state police

officers as shall be agreed upon to such district, town or village for a

period of one year; the pay, maintenance and other expenses of such

detail for a period of one year shall be computed by the superintendent

of state police with the approval of the state comptroller pro rata upon

the total cost of the pay, maintenance and similar expenses of the whole

department; before such contract shall take effect the governing board

of said district, town or village shall deposit to the credit of the

division of state police in a depository to be designated by the state

comptroller with proper sureties, one half the sum of money so computed

and upon the first day of the sixth month during the continuance of said

contract shall likewise deposit the remainder of said sum; the

superintendent of state police, upon audit of the comptroller, shall

draw upon said depository for the pay, maintenance and other expenses of

said detail when due; said detail shall have all the powers and duties

and shall remain at all times under the authority and discipline of the

superintendent of state police as provided for state police assigned to

regular duty under this article.

2. The superintendent of state police is authorized to appoint

temporarily to the regular force provided for in this article, troopers,

non-commissioned officers and officers to fill the places of those

detailed under such agreements. In police districts the money to be

deposited as required hereunder shall be provided for as authorized

under article fourteen-a of the town law as added in nineteen hundred

and twenty; in towns and villages the money so deposited shall be raised

by taxation.

§ 227 — Disability benefits

Disability benefits. The following benefits shall be paid by

the state on account of disability of a member of the division of state

police:

1. To every person now a member or who shall hereafter become a member

of the division of state police, who is now or who shall hereafter

become physically or mentally unable to perform his regular duties in a

manner satisfactory to the superintendent of the division of state

police there shall be paid during the period of such disability an

amount of not less than one-third nor more than one-half of his salary

including maintenance allowance, which amount within such limits shall

be determined by a board consisting of the superintendent of state

police, the attorney-general and the state comptroller. A member of the

New York state employees' retirement system who has heretofore served as

a member of the division of state police for a period of fifteen years

or more and who, following such a period of service, has heretofore been

retired for ordinary disability under the provisions of section

seventy-eight of the civil service law shall, notwithstanding the

provisions of section ninety-three of the civil service law, receive

from the state from appropriations made for the purpose of this section

such sum as will bring his retirement allowance under section

seventy-eight of the civil service law up to the amount which he would

have received under this subdivision if he were not a member of the New

York state employees' retirement system and were entitled to the

benefits provided for by this subdivision, to be determined in the

manner prescribed thereby.

2. The provisions of this section shall not apply in the case of any

member of the division of state police who is a member of the New York

state employees' retirement system unless he was retired by such system

for ordinary disability prior to May twenty-second, nineteen hundred

forty-two.

§ 227-a — Death benefits

Death benefits. 1. The following benefit shall be paid by the

state on account of death of a member of the division of state police.

To the widow, until she be married again, or the dependent children

under the age of twenty-one years, or the dependent mother of every

member of the division of state police whose death has been heretofore

caused or shall hereafter be caused by injury or disease contracted in

the performance of duty there shall be paid annually as long as such

dependency continues upon certification of a board consisting of the

superintendent of state police, the attorney general and the state

comptroller, one-half the salary including maintenance allowance,

received by such member at the time of death.

2. Notwithstanding any law, rule or regulation to the contrary, where

an agreement between the state and an employee organization representing

members of the collective negotiating unit consisting of investigators,

senior investigators and investigative specialists of the division of

state police, or the collective negotiating unit consisting of troopers

in the division of state police or the collective negotiating unit

consisting of commissioned and non-commissioned officers of the division

of state police established pursuant to article fourteen of the civil

service law so provides, a survivor's benefit for a member in such

negotiating unit shall be paid in an amount as provided in such

agreement in the event that such employee dies subsequent to April

first, nineteen hundred eighty-five, as the result of an accidental

on-the-job injury, provided that it is finally determined by the

appropriate federal authorities that a public safety officer's death

benefit is not payable pursuant to sections three thousand seven hundred

ninety-six through three thousand seven hundred ninety-six-c of title

forty-two of the United States code, and provided further that a death

benefit is paid pursuant to the workers' compensation law. Such

survivor's benefit shall be paid to the member's surviving spouse and

dependent children in the same proportion as the death benefit provided

by the workers' compensation law is paid. In the event that the member

is not survived by a spouse or dependent children, the survivor's

benefit shall be paid to the estate of the member. Such survivor's

benefit shall be in addition to and not in place of any other survivor's

or death benefit payable on behalf of such member, except that such

benefit shall not be payable if a public safety officer's death benefit

is payable pursuant to sections three thousand seven hundred ninety-six

through three thousand seven hundred ninety-six-c of the United States

code.

3. Notwithstanding any law, rule or regulation to the contrary, where

an agreement between the state and an employee organization representing

members of the collective negotiating unit consisting of investigators,

senior investigators and investigative specialists of the division of

state police or the collective negotiating unit consisting of troopers

in the division of state police or the collective negotiating unit

consisting of commissioned and non-commissioned officers of the division

of state police established pursuant to article fourteen of the civil

service law so provides, the state shall provide the child or children

of such members for whom a survivor's benefit is paid pursuant to

subdivision two of this section, or for whom a federal public safety

officer's benefit is payable as specified in subdivision two of this

section, with full tuition up to the amount charged by the state

university of New York to attend any college or university provided,

however, such child or children meet the entrance requirements of such

college or university. Such child or children are those who are

designated by the workers' compensation board to receive a death benefit

pursuant to the workers' compensation law.

§ 228 — National instant criminal background checks

National instant criminal background checks. 1. (a) The

division is hereby authorized and directed to serve as a state point of

contact for implementation of 18 U.S.C. sec. 922 (t), all federal

regulations and applicable guidelines adopted pursuant thereto, and the

national instant criminal background check system for the purchase of

firearms and ammunition.

(b) Upon receiving a request from a licensed dealer pursuant to

section eight hundred ninety-six or eight hundred ninety-eight of the

general business law, the division shall initiate a background check by

(i) contacting the National Instant Criminal Background Check System

(NICS) or its successor to initiate a national instant criminal

background check, and (ii) consulting the statewide firearms license and

records database established pursuant to subdivision three of this

section, in order to determine if the purchaser is a person described in

sections 400.00 and 400.03 of the penal law, or is prohibited by state

or federal law from possessing, receiving, owning, or purchasing a

firearm or ammunition.

2. (a) The division shall report the name, date of birth and physical

description of any person prohibited from possessing a firearm pursuant

to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal

background check system index, denied persons files.

(b) Information provided pursuant to this section shall remain

privileged and confidential, and shall not be disclosed, except for the

purpose of enforcing federal or state law regarding the purchase of

firearms or ammunition.

(c) Any background check conducted by the division, or delegated

authority, of any applicant for a permit, firearms identification card

license, ammunition sale, or registration, in accordance with the

requirements of section 400.00 of the penal law, shall not be considered

a public record and shall not be disclosed to any person not authorized

by law or this chapter to have access to such background check,

including the applicant. Any application for a permit, firearms

identification card, ammunition sale, or license, and any document

reflecting the issuance or denial of such permit, firearms

identification card, or license, and any permit, firearms identification

card, license, certification, certificate, form of register, or

registration statement, maintained by any state or municipal

governmental agency, shall not be considered a public record and shall

not be disclosed to any person not authorized by law to have access to

such documentation, including the applicant, except on the request of

persons acting in their governmental capacities for purposes of the

administration of justice.

3. The division shall create and maintain a statewide firearms license

and records database which shall contain records held by the division

and any records that it is authorized to request from the division of

criminal justice services, office of court administration, New York

state department of health, New York state office of mental health, and

other local entities. Such database shall be used for the certification

and recertification of firearm permits under section 400.02 of the penal

law, assault weapon registration under subdivision sixteen-a of section

400.00 of the penal law, and ammunition sales under section 400.03 of

the penal law. Such database shall also be used to initiate a national

instant criminal background check pursuant to subdivision one of this

section upon request from a licensed dealer. The division may create and

maintain additional databases as needed to complete background checks

pursuant to the requirements of this section.

4. The superintendent shall promulgate a plan to coordinate background

checks for firearm and ammunition purchases pursuant to this section and

to require any person, firm or corporation that sells, delivers or

otherwise transfers any firearm or ammunition to submit a request to the

division in order to complete the background checks in compliance with

federal and state law, including the National Instant Criminal

Background Check System (NICS), in New York state. Such plan shall

include, but shall not be limited to, the following features:

(a) The creation of a centralized bureau within the division to

receive and process all background check requests, which shall include a

contact center unit and an appeals unit. Staff may include but is not

limited to: bureau chief, supervisors, managers, different levels of

administrative analysts, appeals specialists and administrative

personnel. The division shall employ and train such personnel to

administer the provisions of this section.

(b) Procedures for carrying out the duties under this section,

including hours of operation.

(c) An automated phone system and web-based application system,

including a toll-free telephone number and/or web-based application

option for any licensed dealer requesting a background check in order to

sell, deliver or otherwise transfer a firearm which shall be operational

every day that the bureau is open for business for the purpose of

responding to requests in accordance with this section.

5. (a) Each licensed dealer that submits a request for a national

instant criminal background check pursuant to this section shall pay a

fee imposed by the bureau for performing such background check. Such fee

shall be allocated to the background check fund established pursuant to

section ninety-nine-pp of the state finance law. The amount of the fee

shall not exceed the total amount of direct and indirect costs incurred

by the bureau in performing such background check.

(b) The bureau shall transmit all moneys collected pursuant to this

paragraph to the state comptroller, who shall credit the same to the

background check fund.

6. On January fifteenth of each calendar year, the bureau shall submit

a report to the governor, the temporary president of the senate, and the

speaker of the assembly concerning:

a. the number of employees used by the bureau in the preceding year

for the purpose of performing background checks pursuant to this

section;

b. the number of background check requests received and processed

during the preceding calendar year, including the number of "proceed"

responses and the number and reasons for denials;

c. the calculations used to determine the amount of the fee imposed

pursuant to this paragraph.

7. Within sixty days of the effective date of this section, the

superintendent shall notify each licensed dealer holding a permit to

sell firearms of the requirement to submit a request to the division to

initiate a background check pursuant to this section as well as the

following means to be used to apply for background checks:

i. any person, firm or corporation that sells, delivers or otherwise

transfers firearms shall obtain a completed ATF 4473 form from the

potential buyer or transferee including name, date of birth, gender,

race, social security number, or other identification numbers of such

potential buyer or transferee and shall have inspected proper

identification including an identification containing a photograph of

the potential buyer or transferee.

ii. it shall be unlawful for any person, in connection with the sale,

acquisition or attempted acquisition of a firearm from any transferor,

to willfully make any false, fictitious oral or written statement or to

furnish or exhibit any false, fictitious, or misrepresented

identification that is intended or likely to deceive such transferor

with respect to any fact material to the lawfulness of the sale or other

disposition of such firearm under federal or state law. Any person who

violates the provisions of this subparagraph shall be guilty of a class

A misdemeanor.

8. Any potential buyer or transferee shall have thirty days to appeal

the denial of a background check, using a form established by the

superintendent. Upon receipt of an appeal, the division shall provide

such applicant a reason for a denial within thirty days. Upon receipt of

the reason for denial, the appellant may appeal to the attorney general.

§ 229 — Retirement for cause

Retirement for cause. a. The superintendent may recommend the

retirement for cause of any member of the New York state police who is

covered by the twenty year retirement plan set forth in section three

hundred eighty-one-b of the retirement and social security law, and who

has twenty-five or more years of creditable service under such plan. The

superintendent shall mail a written notice of such recommendation to the

member at his home address, which notice shall set forth the reasons for

the recommendation. At any time within thirty days after the mailing of

such recommendation, the member or any person authorized to act on his

behalf may serve a written demand for a review of the recommendation.

After the service of such demand the superintendent shall refer his

recommendation to the review panel established pursuant to this section,

the decision of which shall be subject to review only as provided in

article seventy-eight of the civil practice law and rules.

b. The said review panel shall consist of three persons who shall be

selected as follows. One person shall be selected by the superintendent.

One person shall be selected by the employee organization recognized or

certified to represent the member pursuant to the provisions of article

fourteen of the civil service law. The third person shall be selected by

the other two or, if they cannot agree, he shall be selected by the

public employment relations board. Each of the three persons so selected

shall be appointed by the superintendent and shall hold office until a

successor has been selected and appointed.

c. If the member does not serve a timely demand for a review of the

recommendation of the superintendent; or if the review panel shall adopt

the recommendation of the superintendent, the superintendent shall

certify the name of the member to the state comptroller for retirement

for cause.

d. As used in this section, the term retirement for cause shall mean a

retirement recommended by the superintendent after a finding by him that

a member is no longer capable of performing his duties satisfactorily.

§ 230 — Gun trafficking interdiction program

Gun trafficking interdiction program. 1. There is hereby

created within the division of criminal justice services a gun

trafficking interdiction program to be administered by the commissioner

of the division of criminal justice services to distribute funds in

accordance with the provisions of this section for the purpose of

interdicting guns and components of guns illegally entering New York

with a focus on those "supplier" states from which substantial numbers

of guns illegally enter this state.

2. The superintendent of the division of state police, in cooperation

with the United States department of treasury, bureau of alcohol,

tobacco and firearms and district attorneys in New York state, shall

develop and implement a strategy for the interdiction of guns illegally

entering New York from supplier states. The strategy shall include

identifying and prosecuting gun traffickers and suppliers of such guns

who may be violating federal, state or local laws, and cooperating with

the United States department of treasury, bureau of alcohol, tobacco and

firearms and appropriate prosecutorial agencies and law enforcement

agencies in supplier states in the investigation and enforcement of such

laws. District attorneys are authorized to enter into collaborative

agreements with prosecutorial and other governmental agencies and

entities in supplier states in an effort to stop the movement of illegal

guns into New York.

3. The commissioner of the division of criminal justice services shall

award grant monies to district attorneys for programs which are designed

to interdict the flow of illegal guns across New York state borders. In

order to qualify for such grant monies, a district attorney must submit

an application to the commissioner of the division of criminal justice

services in accordance with guidelines prescribed by the division of

criminal justice services. The application shall identify a strategy and

implementation plan for preventing the entry of illegal guns across New

York's borders. Funds awarded under this section shall not be used to

supplant federal, state or local funds. No more than fifty percent of

the funds available pursuant to this section in any one fiscal year

shall be awarded for programs within a single city, county, town or

village.

4. The superintendent of the division of state police shall establish

and maintain within the division a criminal gun clearinghouse as a

central repository of information regarding all guns seized, forfeited,

found or otherwise coming into the possession of any state or local law

enforcement agency which are believed to have been used in the

commission of a crime. The superintendent of the division of state

police shall adopt and promulgate regulations prescribing reporting

procedures for such state or local law enforcement agencies, including

the form for reporting such information. In addition to any other

information which the superintendent of the division of state police may

require, the form shall require (a) the serial number or other

identifying information on the gun, if available and (b) a brief

description of the circumstances under which the gun came into the

possession of the law enforcement agency, including the crime which was

or may have been committed with the gun. Whenever a state or local law

enforcement agency seizes or recovers a gun that was unlawfully

possessed, recovered from a crime scene, or is reasonably believed to

have been used in or associated with the commission of a crime or is

otherwise recovered as an abandoned or discarded gun, the agency shall

report such seized or recovered gun to the criminal gun clearinghouse as

soon as practicable, but in no case more than twenty-four hours after

the agency has taken possession of such gun. Every report made to the

criminal gun clearinghouse will result in the prompt submission of a

request to the national tracing center of the bureau of alcohol,

tobacco, firearms and explosives to trace the movement of the subject

gun and such federal agency will be requested to provide the results of

such a trace to the superintendent of the division of state police and

to the law enforcement agency that submitted the clearinghouse report.

5. All state and local law enforcement agencies shall participate in

the bureau of alcohol, tobacco, firearms and explosives collective data

sharing program for the purpose of sharing gun trace reports among all

law enforcement agencies in the state on a reciprocal basis.

6. (a) The division of state police, in consultation with the division

of criminal justice services, shall publish quarterly reports on their

respective websites with information related to firearms, rifles and

shotguns used in the commission of crimes in the state of New York,

including but not limited to, information pertaining to the county and

state of origin of the firearm, rifle or shotgun, the county and state

where the firearm, rifle or shotgun was purchased, whether the firearm,

rifle or shotgun was purchased by the perpetrator of the crime or by

another individual, and whether the perpetrator had a license or permit

to possess such firearm, rifle or shotgun.

(b) Each political subdivision, municipality, commission, agency,

office, department, board and division in the state, to the extent not

inconsistent with other provisions of law, shall cooperate fully with

the division of state police and the division of criminal justice

services and shall furnish such information and assistance, in the form

and manner specified by the division of state police and the division of

criminal justice services, as may be required in the performance of

their function under this subdivision. If such information is not

readily available or accessible, the relevant local law enforcement

agency will make efforts to obtain such information, including but not

limited to the reporting requirements set forth in subdivision five of

this section. Such information shall be provided to the extent allowable

by federal, state or any other applicable law.

7. (a) Whenever a state or local law enforcement agency seizes or

recovers a gun that was unlawfully possessed, recovered from the scene

of a crime, or is reasonably believed to have been used or associated

with the commission of a crime, or is recovered by the agency as an

abandoned or discarded gun, the agency shall arrange for every such gun

that is determined to be suitable for test-firing and of a type that is

eligible for national integrated ballistic information network data

entry and correlation to be test-fired as soon as practicable, and the

results of that test-firing shall be submitted forthwith to the national

integrated ballistic information network to determine whether the gun is

associated or related to a crime, criminal event, or any individual

associated or related to a crime or criminal event or reasonably

believed to be associated or related to a crime or criminal event.

(b) Whenever a state or local law enforcement agency recovers any

ammunition cartridge case that is of a type that is eligible for

national integrated ballistic information network data entry and

correlation at a crime scene, or has reason to believe that such

recovered ammunition cartridge case is related to or associated with the

commission of a crime or the unlawful discharge of a gun, the agency

shall, as soon as practicable, arrange for the ballistics information to

be submitted to the national integrated ballistic information network.

8. Whenever a state or local law enforcement agency seizes or recovers

any gun, the agency shall promptly enter the make, model, caliber, and

serial number of the gun into the national crime information center

(NCIC) system to determine whether the gun was reported stolen.

9. The superintendent may adopt rules and regulations to effectuate

the provisions of this section.

§ 231 — Uniform identification cards for retired police officers

Uniform identification cards for retired police officers. 1.

The superintendent shall develop and distribute uniform identification

cards to all sworn members of New York state police, upon such members'

retirement in good standing, which identification cards shall contain

all the following information:

(a) the individual's name;

(b) a description of the individual as a retired sworn member of the

New York state police;

(c) a state police photograph of the person;

(d) the New York State Police seal; and

(e) any other information the superintendent deems appropriate.

2. For purposes of this section "retirement in good standing" shall

mean that the sworn member of the New York state police retired from his

or her employment for reasons other than the avoidance of disciplinary

charges.

§ 232 — Sexual assault victims unit

Sexual assault victims unit. There is hereby established within

the division of state police the sexual assault victims unit, which

shall be a specialized unit having advanced training in responding to

sexual assaults, including campus sexual assaults, and related crimes.

The sexual assault victims unit shall perform such tasks as determined

by the superintendent, which shall include but not be limited to

providing assistance, including forensic support services, to campus

police or local police or sheriff's departments, and providing training

to college campus communities.

§ 233 — Municipal gun buyback program

Municipal gun buyback program. 1. There is hereby established

within the division of the state police a municipal gun buyback program.

Agencies approved by the superintendent may participate subject to

available appropriations and funds in the municipal gun buyback fund

established pursuant to section ninety-seven-cc of the state finance

law.

2. The division of state police shall administer the municipal gun

buyback program and promulgate rules and regulations the superintendent

deems necessary for the implementation of such program. Such rules shall

include, but not be limited to:

(a) the manner in which an agency may apply for funds to support a

municipal gun buyback program and the manner in which such funds will be

allocated and distributed;

(b) guidelines for the safe storage and disposal of firearms, rifles,

shotguns, and ammunition received as part of the program in the

possession of the participating agency, return of any recovered stolen

property to its rightful owner as appropriate, and retention for

evidence of any firearm, rifle, or shotgun suspected to have been used

in a crime;

(c) guidelines for an agency participating in the program to

coordinate with community groups within its jurisdiction; and

(d) guidelines for allowing individuals to surrender firearms, rifles

and shotguns and eligibility for monetary rewards.

3. The provisions of subparagraph (f) of paragraph one of subdivision

a of section 265.20 of the penal law shall apply to any person

voluntarily surrendering a firearm, rifle or shotgun pursuant to this

section.

4. Any agency shall be authorized to develop and implement its own

municipal gun buyback program provided it is otherwise permitted by law

and conforms to the rules and regulations promulgated by the

superintendent and outlined in subdivision two of this section.

5. For purposes of this section "agency" means the police force or

department of any county, city, town, or village or a county sheriff.

§ 234 — New York state police body-worn cameras program

New York state police body-worn cameras program. 1. There is

hereby created within the division of state police a New York state

police body-worn cameras program. The purpose of the program is to

increase accountability and evidence for law enforcement and the

residents of the state by providing body-worn cameras to all state

police officers while on patrol.

2. The division of state police shall provide body-worn cameras, to be

worn by officers at all times, while on patrol. Such cameras shall

record:

(a) immediately before an officer exits a patrol vehicle to interact

with a person or situation, even if there is a dash camera inside such

vehicle which might also be recording the interaction;

(b) all uses of force, including any physical aggression and use of a

non-lethal or lethal weapon;

(c) all arrests and summonses;

(d) all interactions with people suspected of criminal activity;

(e) all searches of persons and property;

(f) any call to a crime in progress;

(g) investigative actions where there are interactions with members of

the public;

(h) any interaction with an emotionally disturbed person; and

(i) any instances where officers feel any imminent danger or the need

to document their time on duty.

3. The attorney general may investigate any instance where body

cameras fail to record an event pursuant to this section.

4. At the discretion of the officer, body-worn cameras may not record:

(a) sensitive encounters, including but not limited to speaking with a

confidential informant, or conducting a strip search; or

(b) when a member of the public asks such officer to turn off the

camera; provided, however, such officer may continue recording if he or

she thinks a record of that interaction should be generated.

5. The division of state police shall preserve recordings of such

body-worn cameras and perform all upkeep on equipment used in such

body-worn cameras. Such duties shall include:

(a) creating a secure record of all instances where there is recorded

video or audio footage;

(b) ensuring officers have sufficient storage capacity on their

cameras to allow for the recording of interactions required by this

section; and

(c) ensuring officers have access to body-worn cameras for the

recording of instances required by this section.

§ 235 — Firearms safety training, and licensing appeals

Firearms safety training, and licensing appeals. 1. The

superintendent shall, in conjunction with the commissioner of the

division of criminal justice services, promulgate policies and

procedures with regard to standardization of firearms safety training

required under subdivision nineteen of section 400.00 of the penal law,

which shall include the approval of course materials and the

promulgation of proficiency standards for live fire training.

2. The superintendent, in conjunction with the commissioner of the

division of criminal justice services, shall create an appeals board for

the purpose of hearing appeals as provided in subdivision four-a of

section 400.00 of the penal law and promulgate rules and regulations

governing such appeals.

§ 236 — Drones

Drones. 1. The terms used in this section shall have the same

meaning as given in section 280.00 of the penal law.

2. A police officer as defined by subdivision thirty-four of section

1.20 of the criminal procedure law, or a peace officer as defined by

section 2.10 of the criminal procedure law, acting within such peace

officer's geographical jurisdiction, may take reasonable and necessary

mitigation measures against a credible threat that a drone poses to the

safety or security of people and/or prohibited spaces. Such measures may

include but not be limited to any of the following:

(a) The use of detection, tracking, and identification methods of a

drone and/or drone operating system.

(b) The interception or disabling of a drone and/or drone operating

system through legal and safe methods, including but not limited to both

kinetic and non-kinetic mitigation measures.

(c) A law enforcement officer or agency may only use kinetic measures

when non-kinetic measures have or would reasonably be expected to fail,

provided that such kinetic measures are deployed using federally

approved technologies.

3. The superintendent shall, within six months of the effective date

of this section, promulgate rules and regulations for drone mitigation

by police officers and peace officers. Such rules and regulations shall

prioritize the use of the least destructive measures necessary to

mitigate the threat posed by the drone.

4. (a) A qualifying police officer or peace officer shall act pursuant

to subdivision two of this section only if: (i) the officer has

completed the training required by the superintendent or the

superintendent's designee, in addition to any other training and

certification required by federal law; (ii) the officer has reasonable

suspicion that the drone is operating in a nefarious manner or within a

prohibited space before using non-kinetic measures; and (iii) the

officer has probable cause a drone is operating in a nefarious manner or

within prohibited space before using kinetic measures. Any drone

mitigation measure employed must occur in accordance with the

regulations prescribed pursuant to subdivision three of this section and

in accordance with applicable federal law.

(b) Within forty-eight hours of utilizing any mitigation measures

authorized by this section, the agency employing the officer who

utilized such measures shall report such utilization to the

superintendent or the superintendent's designee, in the form and manner

prescribed by the superintendent, in addition to any reporting required

by federal law.

5. The superintendent may designate one or more areas of the state as

a space to test kinetic and non-kinetic mitigation measures.

6. The superintendent shall establish a registry known as "the New

York state blue list". Such registry shall include vetted and approved

vendors that comply with applicable federal requirements. Upon

publication of the registry, the state, its agencies, and any political

subdivisions of the state may only buy or lease drones and drone

mitigation technology from vendors listed on such registry.

ARTICLE 12 Office of Probation and Correctional Alternatives

§ 240 — Office of probation and correctional alternatives

Office of probation and correctional alternatives. 1. There

shall be in the division of criminal justice services an office of

probation and correctional alternatives, hereinafter referred to in this

article as "the office". The head of the office shall be the director of

probation and correctional alternatives, who shall be appointed by the

commissioner, subject to the approval of the governor.

2. The director shall serve as special advisor to the governor

regarding matters pertaining to probation and alternatives to

incarceration. The director shall, in consultation with the

commissioner, coordinate and make recommendations relating to the type

and nature of alternative to incarceration programs needed to reduce

incarceration where the purpose of such incarceration can be adequately

served by alternative programs and shall work with local probation

departments and the commissioner to enhance and develop probation

services and alternative to incarceration programs throughout the state.

3. The commissioner, in consultation with the director, shall appoint

staff and perform such other functions to ensure the efficient operation

of the office within the amounts made available therefor by

appropriation.

4. As used in this article, the term "director" shall mean the

director of the office of probation and correctional alternatives,

"office" shall mean the office of probation and correctional

alternatives, "commissioner" shall mean the commissioner of the division

of criminal justice services and "division" shall mean the division of

criminal justice services.

§ 242 — State probation commission

State probation commission. 1. There shall be a state probation

commission. It shall consist of the director and six other members to be

selected as follows:

(a) three shall be appointed by the governor from among persons who,

as members of the community, have demonstrated an interest and

involvement in the field of probation, to hold office at the pleasure of

the governor and until their successors are appointed;

(b) two shall be appointed by the governor from among the probation

administrators and probation officers actually employed in the field of

probation in this state who have demonstrated by work in a statewide

professional association, concerned generally with probation affairs

throughout the state, outstanding service to the field of probation, to

hold office at the pleasure of the governor and until their successors

are appointed; and

(c) one shall be the state administrator of the unified court system.

2. The present members of the state probation commission who were

appointed to such commission by the governor shall continue as the

members of said commission appointed pursuant to paragraph (a) of

subdivision one of this section at the pleasure of the governor, and

until their successors are appointed and have qualified. The director

shall be chairman of the commission. No member of said probation

commission shall receive any compensation for his or her services as a

member of such commission, but the members shall be entitled to their

actual necessary expenses incurred in the performance of their duties.

The commissioner may from time to time assign an employee of the

division to act as secretary to said probation commission. The duties of

the members of said probation commission shall be to attend the meetings

of such probation commission, at the time fixed by said commission, or

called by the chairman of said commission, and to consider all matters

relating to probation in the state, within the jurisdiction of the

office, and to advise and consult with the director in regard thereto.

§ 243 — Supervision of administration of local probation and correctional alternatives

Supervision of administration of local probation and

correctional alternatives. 1. The office shall exercise general

supervision over the administration of probation services throughout the

state, including probation in family courts and shall collect

statistical and other information and make recommendations regarding the

administration of probation services in the courts. The office shall

endeavor to secure the effective application of the probation system and

the enforcement of the probation laws and the laws relating to family

courts throughout the state. After consultation with the state probation

commission, the office shall recommend to the commissioner general rules

which shall regulate methods and procedure in the administration of

probation services, including investigation of defendants prior to

sentence, and children prior to adjudication, supervision, case work,

record keeping, and accounting, program planning and research so as to

secure the most effective application of the probation system and the

most efficient enforcement of the probation laws throughout the state.

Such rules shall provide that the probation investigations ordered by

the court in designated felony act cases under subdivision one of

section 351.1 of the family court act shall have priority over other

cases arising under articles three and seven of such act. When duly

adopted by the commissioner, such rules shall be binding upon all

probation officers and when duly adopted shall have the force and effect

of law, but shall not supersede rules that may be adopted pursuant to

the family court act. The office shall keep informed as to the work of

all probation officers and shall from time to time inquire into and

report upon their conduct and efficiency. The office may investigate the

work of any probation bureau or probation officer and shall have access

to all records and probation offices. The office may issue subpoenas to

compel the attendance of witnesses or the production of books and

papers. The office may administer oaths and examine persons under oath.

The office may recommend to the appropriate authorities the removal of

any probation officer. The office may from time to time publish reports

regarding probation including probation in family courts, and the

operation of the probation system including probation in family courts

and any other information regarding probation as the office may

determine provided expenditures for such purpose are within amounts

appropriated therefor.

2. The office shall exercise general supervision over the utilization

of correctional alternative programs throughout the state. The office

shall collect statistical and other information and make recommendations

regarding the availability, identification, coordination and utilization

of such programs. The office shall endeavor to facilitate communication

and coordination among and between correctional alternative programs and

probation services in order to assist in making effective use of such

programs. A correctional alternative program shall be deemed to refer to

those programs, including eligible programs as defined in paragraph b of

subdivision one of section two hundred sixty-one of this chapter, which

by themselves, or when used in conjunction with one or more programs or

with probation services, may serve as an alternative to a sentence or

disposition of incarceration or a portion thereof, and which shall serve

the interests of justice. The office shall further exercise general

supervision over the administration and implementation of alternatives

to incarceration service plans under the provisions of article

thirteen-A of this chapter. The office shall recommend to the

commissioner general rules and regulations which shall regulate methods

and procedures in the administration and funding of alternative to

incarceration service plans, and any other correctional alternative

program funded by the state through the division, including but not

limited to issuance of quarterly reports as specified by section two

hundred sixty-three of this chapter. When duly adopted by the

commissioner, such rules and regulations shall be binding upon all

counties and eligible programs that may be funded in such plans and when

duly adopted shall have the force and effect of law. The office shall

keep informed as to the development, implementation and utilization of

plans and funded eligible programs therein and shall from time to time

inquire into and report upon their work and efficiency. The office shall

investigate the work of any funded plan or eligible program and shall

have access to their records and offices for such purpose.

3. (a) The office shall have the authority to certify to the

commissioner those correctional alternative programs subject to

supervision of the office and determined to perform a criminal justice

function, as defined in subdivision ten of section eight hundred

thirty-five of this chapter, for the purpose of permitting access to

criminal history records for criminal justice purposes, subject to the

approval of the commissioner. Any such correctional alternative program

may apply for certification to the office in writing, on forms

prescribed by the office. Such application shall specify, at a minimum,

the following: the nature and scope of the program; the necessity for

access to such records related to their criminal justice function; the

names of employees, and their job titles or positions, for whom access

is being sought; and any other information the office deems necessary.

Certification shall include the designation of those employees of such

programs for whom access to such records is authorized. No designated

employee shall have access to such records until such person has

satisfactorily completed appropriate training, required by the division.

(b) Notwithstanding any other provision of law, probation departments

conducting investigations ordered by a court, for purposes of

determining custody, adoption, visitation, or guardianship shall have

access to criminal history records maintained by state law enforcement

agencies for criminal justice purposes.

4. The office shall recommend to the commissioner rules and

regulations which shall include guidelines and procedures on the

placement of sex offenders designated as level two or level three

offenders pursuant to article six-C of the correction law. Such

regulations shall instruct local probation departments to consider

certain factors when investigating and approving the residence of level

two or level three sex offenders sentenced to a period of probation.

Such factors shall include the following:

(a) the location of other sex offenders required to register under the

sex offender registration act, specifically whether there is a

concentration of registered sex offenders in a certain residential area

or municipality;

(b) the number of registered sex offenders residing at a particular

property;

(c) the proximity of entities with vulnerable populations;

(d) accessibility to family members, friends or other supportive

services, including but not limited to locally available sex offender

treatment programs with preference for placement of such individuals

into programs that have demonstrated effectiveness in reducing sex

offender recidivism and increasing public safety; and

(e) the availability of permanent, stable housing in order to reduce

the likelihood that such offenders will be transient.

§ 244 — Hostels and foster homes

Hostels and foster homes. 1. The office is hereby authorized to

provide or to pay for care in a hostel or foster home approved by the

office as suitable for such cases for any probationer or parolee under

the age of twenty-one years when the parole board or a judge of a court

determines that there is no other suitable home for such probationer or

parolee and that such probationer or parolee should be placed in such

hostel or foster home. In addition to payment for such care, when

ordered by the board or court, the office is authorized to provide or

pay for clothing and other necessities, including medical and

psychiatric treatment, required for the welfare of such probationer or

parolee. The office may also provide or contract for such care in any

suitable facility operated by a department of correction or by any other

public or voluntary social welfare agency, institution or organization.

A court with respect to such a probationer and the parole board with

respect to such a parolee shall, subject to regulation by the division

control admissions to and discharges from such hostels and foster homes.

When placement is made in any hostel or foster home, or in any facility

other than a public institution, such placement whenever practicable

shall be in a hostel, or facility operated by or in the home of a person

or persons of the same religious faith as the probationer or parolee.

2. The office shall have authority and the duty to stimulate programs

for the development of hostels and foster homes for the care of

probationers and parolees under the age of twenty-one years.

§ 245 — Probation staff training and development

Probation staff training and development. The office of

probation and correctional alternatives shall conduct training programs

for city, county and state probation personnel, prepare and execute

programs of information and education to interest persons in the field

of probation as a vocation, encourage the development by schools within

the state of courses of study in fields related to and bearing upon

probation and engage in other activities of an educational or

informational nature designed to increase the number of qualified

probation personnel and improve the caliber of probation service within

the state. In order to effectuate the provisions of this section, the

office of probation and correctional alternatives shall be authorized to

prepare and disseminate printed materials, utilize media of public

information, cooperate with public and private institutions of learning

and employ qualified persons as lecturers or consultants on a fee basis

to supplement services to be performed by its personnel hereunder. Such

fees shall be payable out of funds appropriated for these purposes on

the audit and warrant of the comptroller on vouchers certified or

approved by the office.

§ 246 — State aid for probation services

State aid for probation services. 1. The program of state aid

to county probation services shall be administered by the division of

criminal justice services with the advice of the state probation

commission and the director of the office of probation and correctional

alternatives. Funds appropriated to the division for distribution as

state aid to county probation services and to the probation services of

New York city shall be distributed by the division in accordance with

rules and regulations adopted by the commissioner of the division of

criminal justice services after consultation with the state probation

commission and the director of the office of probation and correctional

alternatives.

2. State aid shall be granted to the city of New York and the

respective counties outside the city of New York for expenditures to be

incurred by the county or city in maintaining and improving local

probation services subject to amounts appropriated for this purpose.

State aid grants shall not be used for expenditures for capital

additions or improvements, or for debt service costs for capital

improvements.

State aid shall be granted by the commissioner of the division of

criminal justice services after consultation with the state probation

commission and the director of the office of probation and correctional

alternatives, provided the respective counties or the city of New York

conform to standards relating to the administration of probation

services as adopted by the commissioner of the division of criminal

justice services after consultation with the state probation commission

and the director of the office of probation and correctional

alternatives.

3. Applications from counties or the city of New York for state aid

under this section shall be made by filing with the division of criminal

justice services, a detailed plan, including cost estimates covering

probation services for the fiscal year or portion thereof for which aid

is requested. Included in such estimates shall be clerical costs and

maintenance and operation costs as well as salaries of probation

personnel and such other pertinent information as the commissioner of

the division of criminal justice services may require. Items for which

state aid is requested under this section shall be duly designated in

the estimates submitted. The commissioner of the division of criminal

justice services, after consultation with the state probation commission

and the director of the office of probation and correctional

alternatives, shall approve such plan if it conforms to standards

relating to the administration of probation services as specified in the

rules adopted by him or her.

4. An approved plan and compliance with standards relating to the

administration of probation services promulgated by the commissioner of

the division of criminal justice services shall be a prerequisite to

eligibility for state aid.

* The commissioner of the division of criminal justice services may

take into consideration granting additional state aid from an

appropriation made for state aid for county probation services for

counties or the city of New York when a county or the city of New York

demonstrates that additional probation services were dedicated to

intensive supervision programs and intensive programs for sex offenders.

The commissioner shall grant additional state aid from an appropriation

dedicated to juvenile risk intervention services coordination by

probation departments which shall include, but not be limited to,

probation services performed under article three of the family court

act. The administration of such additional grants shall be made

according to rules and regulations promulgated by the commissioner of

the division of criminal justice services. Each county and the city of

New York shall certify the total amount collected pursuant to section

two hundred fifty-seven-c of this chapter. The commissioner of the

division of criminal justice services shall thereupon certify to the

comptroller for payment by the state out of funds appropriated for that

purpose, the amount to which the county or the city of New York shall be

entitled under this section. The commissioner shall, subject to an

appropriation made available for such purpose, establish and provide

funding to probation departments for a continuum of evidence-based

intervention services for youth alleged or adjudicated juvenile

delinquents pursuant to article three of the family court act or for

eligible youth before or sentenced under the youth part in accordance

with the criminal procedure law. Such additional state aid shall be made

in an amount necessary to pay one hundred percent of the expenditures

for evidence-based practices and juvenile risk and evidence-based

intervention services provided to youth sixteen years of age or older

when such services would not otherwise have been provided absent the

provisions of a chapter of the laws of two thousand seventeen that

increased the age of juvenile jurisdiction.

* NB Effective until September 1, 2027

* The commissioner of the division of criminal justice services may

take into consideration granting additional state aid from an

appropriation made for state aid for county probation services for

counties or the city of New York when a county or the city of New York

demonstrates that additional probation services were dedicated to

intensive supervision programs and intensive programs for sex offenders.

The commissioner shall grant additional state aid from an appropriation

dedicated to juvenile risk intervention services coordination by

probation departments which shall include, but not be limited to,

probation services performed under article three of the family court

act. The administration of such additional grants shall be made

according to rules and regulations promulgated by the commissioner of

the division of criminal justice services. Each county and the city of

New York shall certify the total amount collected pursuant to section

two hundred fifty-seven-c of this chapter. The commissioner of the

division of criminal justice services shall thereupon certify to the

comptroller for payment by the state out of funds appropriated for that

purpose, the amount to which the county or the city of New York shall be

entitled under this section. The commissioner shall, subject to an

appropriation made available for such purpose, establish and provide

funding to probation departments for a continuum of evidence-based

intervention services for youth alleged or adjudicated juvenile

delinquents pursuant to article three of the family court act or for

eligible youth before or sentenced under the youth part in accordance

with the criminal procedure law.

* NB Effective September 1, 2027

* 5. Any county or city that does not have an approved plan pursuant

to section two hundred forty-three-a of this chapter may establish and

implement expedited procedures for the probation service to determine

that a child is the subject of a petition under article seven of the

family court act or at risk of being the subject of such a petition, and

for a social services official to determine eligibility for mandated

preventive services pursuant to paragraph (a) of subdivision one of

section four hundred nine-a of the social services law for a child who

is the subject of a petition pursuant to article seven of the family

court act, or is determined by an assessment unit to be at risk of being

the subject of a petition, and is determined by a social services

official to be at risk of placement into foster care.

* NB Effective until June 30, 2027

* 5. Any county or city that does not have an approved plan pursuant

to section two hundred forty-three-a of this chapter may establish and

implement expedited procedures for the probation service to determine

that a child is the subject of a petition under article seven of the

family court act or at risk of being the subject of such a petition, and

for a social services official to determine eligibility for mandated

preventive services pursuant to paragraph (a) of subdivision one of

section four hundred nine-a of the social services law for a child who

is the subject of a petition pursuant to article seven of the family

court act, or is determined by an assessment unit to be at risk of being

the subject of a petition, and is determined by a social services

official according to standards promulgated pursuant to section three

hundred ninety-eight-b of the social services law to be at risk of

placement into foster care.

* NB Effective June 30, 2027

6. The director, after consultation with the state probation

commission, may authorize or require the comptroller to withhold the

payment of state aid to any county, or the city of New York, in the

event that such county, or the city of New York, (a) fails to conform to

standards of probation administration as formulated by the director

pursuant to this section, (b) discontinues or fails to follow an

approved plan, or (c) fails to enforce in a satisfactory manner rules

promulgated pursuant to this section, or laws now in effect or hereafter

adopted which relate in any manner to the administration of probation

services.

§ 248 — Establishment of probation scholarships

Establishment of probation scholarships. The office, out of

moneys appropriated to it for that purpose, is authorized to grant

scholarships for graduate training in any course of study that would be

of substantial value in the field of probation at graduate schools

located within the state whose programs are registered by the regents.

Each such scholarship shall entitle the holder thereof to a sum not to

exceed four thousand dollars annually while in attendance at any of the

said schools for a period not to exceed two years of graduate

professional study.

Scholarships under this section shall be awarded only to residents of

the state of New York who hold a degree of bachelor of arts or bachelor

of science from a college or university, or the equivalent thereof.

The office, after consultation with the state probation commission,

shall recommend to the commissioner rules governing the award of such

scholarships, the publication of notices offering scholarships, the

issuance and cancellation of certificates entitling persons to the

benefits thereof, the use of such scholarships by the persons entitled

thereto, the courses that may be included under such scholarships, the

schools which may be attended under such scholarships, the rights and

duties of scholarship holders and of the schools which they attend, and

providing generally for the carrying into effect of the provisions of

this section; and may, by appropriate rule, require that holders of such

scholarships be available for employment in probation work in the state

of New York upon the completion of the training for which the

scholarship is provided. The office shall, after consultation with the

state probation commission, award such scholarships within such

established rules, and any scholarship may be revoked for cause.

Payments of money under this section may be made to the holder of the

scholarship or to the school or college attended under the scholarship,

on behalf of, and for the benefit of, the holder of the scholarship.

Payments of money shall be ordered by the comptroller upon vouchers of

the office certifying that the person named therein is entitled to

receive the sum either directly, or for his or her benefit.

§ 249 — Educational or training leaves of absence

Educational or training leaves of absence. The local director

of probation, chief probation officer, or other head of a probation

department, bureau or unit, if he is the appointing authority therefor,

or otherwise such appointing authority, with the approval of the board

of supervisors of the county or the appropriating body of the city

having jurisdiction, may grant any probation officer or officers

employed therein leave of absence, with or without pay, for attendance

at graduate schools located within the state whose programs are

registered by the regents to pursue any course of study or training that

is of substantial assistance in probation work, or to receive additional

training in another probation department, bureau or unit in New York

state. The time during which a probation officer is absent, pursuant to

such leave, shall not constitute an interruption of continuous

employment and such officer shall not be subjected, directly or

indirectly, to any loss or diminution of time service, increment,

vacation or holiday privileges, or any other right or privilege, by

reason of such absence, or be prejudiced, by reason of such absence,

with reference to continuance in office or employment, or promotion.

ARTICLE 12-A Probation Officers and Related Matters

§ 255 — Probation in the city of New York

Probation in the city of New York. 1. There is hereby created a

department of probation in and for the city of New York to have charge

of all probation work in the supreme, family and criminal courts in the

counties of Bronx, Kings, New York, Queens and Richmond.

2. The head of such department shall be a director of probation

appointed by the mayor of the city of New York to serve during the

pleasure of the mayor. The director shall have charge of the

administration of the department and shall be responsible for carrying

out the functions of the department including intake, investigation,

supervision, conciliation and pre-disposition social treatment in cases

coming to the courts referred to in this section. The director may,

from time to time, create, abolish, transfer and consolidate bureaus and

other units within the department as he may determine necessary for

efficient operation thereof. He also shall have the power to appoint and

remove such deputy directors, assistants, probation officers and other

employees as may be needed for the performance of the duties of the

department and may prescribe their duties and fix their compensation,

within appropriations made available therefor by the city of New York

and subject to all applicable civil service laws and rules and

regulations. The director may, in his discretion, appoint volunteer

probation officers, when necessary, provided they have the

qualifications required of salaried officers, but no such volunteer

probation officer shall receive pay from the public funds for his

services. The city of New York shall make the necessary appropriation

for the salaries of the director and of all officers and employees of

the department as referred to herein, as well for the expenses actually

and necessarily incurred by such director, officers and employees in the

performance of their duties.

3. The director shall discharge his powers and responsibilities in

accordance with all laws and rules applicable to probation and with the

general rules regulating methods and procedure in the administration of

probation as adopted from time to time pursuant to section two hundred

forty-three of this chapter. He may adopt departmental rules, not

inconsistent with law or the aforesaid general rules, to regulate the

policies, programs, standards, and methods of procedure in relation to

probation and the powers and duties of officers and employees as in his

judgment he deems proper.

4. The head of such probation department, out of moneys appropriated

to such department for that purpose, is authorized to grant scholarships

to employees in the probation service in such department, for graduate

training in the field of probation at graduate schools or departments of

social work located within the state whose programs are registered by

the regents and accredited by the council on social work education. Each

such scholarship shall entitle the holder thereof to a sum sufficient to

pay the cost of tuition, not to exceed two thousand dollars annually,

while in attendance at any of the said schools or departments for a

period not to exceed two years of graduate professional study.

Scholarships under this section shall be awarded to employees in the

probation service in such department who apply therefor in the order of

their seniority in their civil service titles.

5. Notwithstanding any other provision of law or of the New York city

charter or administrative code, any duly appointed officer or employee

of such probation department may reside in any county within the state.

§ 256 — Local probation departments

Local probation departments. 1. Each county shall maintain or

provide for a probation agency or agencies to perform probation services

therein, including intake, investigation, pre-sentence reports,

supervision, conciliation, social treatment and such other functions as

are assigned to probation agencies pursuant to law.

2. The board of supervisors or county legislatures of a county may

establish a county probation department in which there may be merged and

consolidated the responsibility for carrying out the probation work for

all matters under the jurisdiction of the family court, the superior

courts and the local criminal courts in and for the county. In any

county where the board of supervisors or county legislatures does not

establish a probation department to perform all probation work in the

county, as hereinabove provided, separate probation departments to carry

out the probation work for matters under the jurisdiction of particular

courts may be established and there may be merged and consolidated

therein the probation work for matters under the jurisdiction of two or

more courts. Any probation department that does not perform all

probation work in the county shall be known as the probation department

for the court or courts it is to serve.

3. Two or more counties may by agreement between the local governing

bodies thereof provide for the establishment, operation and maintenance

of a joint county probation department. Any probation department so

established shall have charge of all probation work in and for all the

courts in said counties. If any such county or court therein included in

the agreement shall already have a probation service, such agreement

shall provide that all officers and employees in such service shall

retain their civil service status and be transferred to the joint county

probation service without further examination or qualification, provided

however that, subject to the civil service law, such agreement may

provide for the abolition of existing unnecessary offices or positions

and the transfer of officers and employees to comparable positions. Any

such agreement shall provide for the proportionate cost, including but

not limited to salaries and employer's retirement contributions, of such

joint county probation service to be borne by each county and may

provide that the treasurer of one county participating in such agreement

shall be the custodian of the moneys made available for expenditure for

the purposes of such joint county probation service and that such

treasurer may make payments from such moneys for such purposes upon

audit of the appropriate auditing officer or body of such county. Such

agreement may provide for such other matters as are necessary and proper

to effectuate the purposes of this subdivision.

4. A probation department established pursuant to this section shall

consist of a director of probation and such deputies, supervisors,

probation officers and other employees as may be appointed pursuant to

the provisions of this section and the provisions of section two hundred

fifty-seven of this chapter.

5. The director of each probation department, other than a joint

county department, shall be appointed by the chief executive officer of

the county. The director of a joint county probation department shall be

appointed by agreement between the chief executive officers of the

counties participating in such agreement or a majority of them and in

the event of a deadlock the director of the office of probation and

correctional alternatives shall participate in the making of the

decision. Where a county has no chief executive officer, the appointment

of, or agreement to appoint, the director shall be made by the chairman

of the board of supervisors or county legislatures. The director of a

probation department shall have the power to appoint all deputies,

supervisors, probation officers and other employees in such department

within appropriations made available therefor by the board of

supervisors or county legislatures. The board of supervisors or county

legislatures shall fix the salaries of all personnel in the department

and make the necessary appropriations therefor as well as for the

expenses actually and necessarily incurred by such officers and

employees in the performance of their duties. In the case of a joint

county department the salaries of personnel and the amounts of other

expenditures to be made available for operation of the department shall

be set forth in the agreement between the counties, and the boards of

supervisors or county legislatures shall make the appropriations

required for the respective proportionate costs thereof.

6. (a) Each probation agency or department and state operated

probation services shall provide for intake, investigation, supervision

and conciliation services relating to custody, visitation and paternity

proceedings and may provide for such services in support proceedings

under the provisions of articles four, five, five-A and six of the

family court act. For purposes of this subdivision, intake services: (i)

relating to support proceedings under article four and relating to

paternity proceedings under articles five and five-A of the family court

act, shall include referral to the office of temporary and disability

assistance's child support enforcement unit in cases where a person is

applying for or receiving public assistance or where a person chooses to

utilize the services of such unit; (ii) relating to support proceedings

under article four of the family court act, shall include services

rendered to the payors of support orders seeking to modify such orders.

(b) Each probation agency or department is authorized to enter into a

contract with the appropriate local social services district for the

performance of the functions of the support collection unit, in

accordance with the provisions of section one hundred eleven-h of the

social services law.

7. The provisions of this section shall not apply to any county that

is located wholly within a city; provided, however, that the provisions

of subdivision six of this section shall apply in like manner to any

county that is located wholly within a city.

§ 256-a — Providing information to child protection services

Providing information to child protection services. Upon a

determination by a probation agency or department that its records

regarding an individual presently under the supervision of the agency or

department are relevant to an investigation of child abuse or

maltreatment conducted by a child protective service pursuant to title

six of article six of the social services law, the probation agency or

department shall provide the records or portions thereof determined to

be relevant to the child protective service conducting the

investigation. Each probation agency or department shall make provisions

for the transmission of records required to be provided under this

section.

§ 257 — Probation personnel; qualifications and duties

Probation personnel; qualifications and duties. 1. Except as

may be otherwise specified in other provisions of law, all salaried

probation officers and their supervisors, including the director, of

every probation department, agency or service maintained by any county

or city shall be in the competitive class of the civil service. No

person shall be eligible for appointment as a probation officer or to a

position that involves the duty of supervising a probation officer, who

is under twenty-one years of age, or who has not had a high school

education, or equivalent education, or who is not physically, mentally

and morally fitted. Probation officers shall be selected because of

definite qualifications as to character, ability and training, and

primarily with respect to their capacity for rightly influencing human

behavior. The director of any probation department may appoint

non-salaried volunteer probation officers, provided they have the

qualifications required of salaried officers. The general rules

regulating methods and procedures in the administration of probation, as

may be adopted from time to time pursuant to section two hundred

forty-three of this chapter, may require additional minimum

qualifications for probation personnel and shall set forth procedures,

not inconsistent with this or other laws, to be followed in appointment

of all probation personnel.

2. The office of probation and correctional alternatives may when

necessary certify in writing the need of one or more salaried probation

officers to the official body charged with responsibility for

appropriating funds for support of government in the political

subdivision of the state wherein a probation department is located. Such

body shall then determine whether such need exists and if found to exist

it shall fix the salary of such probation officer and appropriate the

necessary funds, as well as provide for the necessary expenses of such

officer.

3. Each probation officer who collects or has custody of money, before

entering upon the duties of his or her office, shall execute a bond,

pursuant to the provisions of section eleven of the public officers law,

in a penal sum to be fixed by the local director of probation with

sufficient sureties approved thereby, conditioned for the honest

accounting for all money received by him or her as such probation

officer. In the discretion of the local director of probation, a

position scheduled bond covering all such probation officers may be

procured and executed in lieu of such individual bonds. The accounts of

all probation officers shall be subject to audit at any time by the

proper fiscal authorities and the office of probation and correctional

alternatives.

4. It shall be the duty of every probation officer to furnish to each

of his or her probationers a statement of the conditions of probation,

and to instruct him or her with regard thereto; to keep informed

concerning his or her conduct, habits, associates, employment,

recreation and whereabouts; to contact him or her at least once a month

pursuant to rules promulgated by the commissioner of the division of

criminal justice services; to aid and encourage him or her by friendly

advice and admonition; and by such other measures as may seem most

suitable to bring about improvement in his or her conduct, condition and

general attitude toward society. Probation officers shall report to the

head of the probation bureau or department who shall in turn report in

writing to the court and the office of probation and correctional

alternatives at least monthly or where there is no bureau or department,

directly to the court and the office of probation and correctional

alternatives concerning the conduct and condition of probationers; keep

records of their work as probation officers; keep accurate and complete

accounts of all money collected from probationers; give receipts

therefor and make prompt returns thereof at least monthly; aid in

securing employment; perform such other duties in connection with such

probationer as the court may direct or as required by the general rules

adopted pursuant to section two hundred forty-three of this chapter; and

make such reports to the office of probation and correctional

alternatives as it may require.

4-a. In the event a probationer ceases to participate in or is

unsuccessfully terminated from an alcohol or substance abuse program

ordered by the court as a condition of a sentence of probation pursuant

to section 410.10 of the criminal procedure law or section 65.10 of the

penal law, the probation officer shall immediately report said cessation

or termination to the local probation director. The local probation

director shall report said cessation or termination to the court within

ninety days, except where the probationer has resumed participation in

an alcohol or substance abuse program with the approval of the local

probation director. The local probation director shall include the fact

of any such report to the court in the next monthly written report to

the court and the state director of probation and correctional

alternatives as required pursuant to subdivision four of this section.

4-b. It shall be the duty of every probation officer to provide

written notice to probationers under the officer's supervision who may

be subject to any requirement to report to the office of victim services

any funds of a convicted person as defined in section six hundred

thirty-two-a of this chapter, the procedures for such reporting and any

potential penalty for a failure to comply.

5. Probation officers may require such reports by probationers as are

reasonable or necessary. Probation officers shall be peace officers.

6. (a) Notwithstanding subdivision one of this section, the director

of probation in counties with a population of more than three hundred

thousand, except counties wholly contained within a city, shall be in

the non-competitive class of civil service and shall be appointed by the

county executive with the approval of the local governing body. There

shall be one deputy director of probation, who shall be in the

non-competitive class of civil service. Such deputy shall be appointed

by the director of probation.

(b) No person shall be eligible for appointment as a director of

probation or deputy director of probation pursuant to subdivision one of

this section who does not meet the minimum qualification requirements

established for the position by the general rules regulating methods and

procedures in the administration of probation.

(c) The provisions of this subdivision shall not apply to any person

holding the office of director or deputy director of probation in any

such county on the effective date of this subdivision during the term of

such office.

§ 257-a — Civil actions against local department volunteers

Civil actions against local department volunteers. 1. For

the purposes of this section the term "volunteer" means a person

authorized by a local probation department's director of the volunteer

services program to participate in the local department's volunteer

services program.

2. A local probation department may provide an attorney for and pay

such attorney fees and expenses necessarily incurred in the defense of a

volunteer in any civil action commenced against him by reason of a claim

of alleged negligence or other act of such person arising out of and in

the course of participating in a local department volunteer services

program, and the local probation department may save harmless and

indemnify such person from financial loss arising out of any claim,

demand, suit of judgment by reason of the alleged negligence or other

act by such person provided that, at the time that such claim arose or

damages were sustained, such person was acting in the discharge of his

duties and within the scope of his authorized duties and that such claim

or cause of action or damages sustained did not result from the willful

and wrongful act or gross negligence of such person.

3. A local probation department which authorizes indemnification under

this section, however, shall not be subject to the obligations imposed

by this section unless such volunteer shall, within five days of the

time he is served with any summons, complaint, process, notice, demand

or pleading, deliver the original or a copy thereof to the local

department and unless such person shall cooperate fully with the local

probation department in the defense of said claim, demand or suit. Upon

such delivery the local probation department may assume control of the

representation of such person.

4. This section shall not in any way impair, limit or modify the

rights and obligations under any policy of insurance.

5. The benefits of this section shall inure only to volunteers and

shall not enlarge or diminish the rights of any other party.

§ 257-b — Conditional releasees; duties of supervision

Conditional releasees; duties of supervision. 1. It shall be

the duty of every probation officer to furnish each person who has been

ordered to his or her supervision pursuant to subdivision two of section

70.40 of the penal law, with a statement of the conditions of release

and to instruct such person with regard thereto; to keep informed

concerning such person's conduct, habits, associates, employments,

recreation and whereabouts; to contact such person pursuant to rules and

regulations promulgated by the division; to aid and encourage such

person by friendly advice and admonition and, by such other measures as

may seem most suitable, to bring about improvement in such person's

conduct, condition and general attitude toward society.

2. Probation officers shall report to the head of the local probation

department who shall in turn report in writing to the local conditional

release commission having custody of such person at least monthly

concerning the conduct and condition of persons conditionally released

pursuant to subdivision two of section 70.40 of the penal law; keep

records of their work as probation officers; keep accurate and complete

accounts of all money collected from such persons; give receipts

therefor and make prompt returns thereof at least monthly; aid in

securing employment; perform such other duties in connection with the

supervision of such persons as may be required by rules and regulations

promulgated by the division; and make any other reports to the division

as it may require.

3. If at any time during the period of supervision, a probation

officer has reasonable cause to believe a person conditionally released

pursuant to subdivision two of section 70.40 of the penal law has lapsed

into criminal ways or company, or has violated one or more conditions of

his or her release, such probation officer shall report such fact to a

member of the local conditional release commission having custody of

such person.

§ 257-c — Probation administrative fee

* § 257-c. Probation administrative fee. 1. Notwithstanding any other

provision of law, every county and the city of New York, may adopt a

local law requiring individuals currently serving or who shall be

sentenced to a period of probation upon conviction of any crime under

article thirty-one of the vehicle and traffic law to pay to the local

probation department with the responsibility of supervising the

probationer an administrative fee of thirty dollars per month. The

department shall waive all or part of such fee where, because of the

indigence of the offender, the payment of said surcharge would work an

unreasonable hardship on the person convicted, his or her immediate

family, or any other person who is dependent on such person for

financial support.

2. The provisions of subdivision six of section 420.10 of the criminal

procedure law shall govern for purposes of collection of the

administrative fee.

3. The probation administrative fee authorized by this section shall

not constitute nor be imposed as a condition of probation.

4. In the event of non-payment of any fees which have not been waived

by the local probation department, the county or the city of New York

may seek to enforce payment in any manner permitted by law for

enforcement of a debt.

5. Monies collected pursuant to this section shall be utilized for

probation services by the local probation department. Such moneys shall

not be considered by the division when determining state aid pursuant to

section two hundred forty-six of the executive law. Monies collected

shall not be used to replace federal funds otherwise utilized for

probation services.

* NB Expires September 1, 2027

§ 258 — Physical, mental and psychiatric examinations

Physical, mental and psychiatric examinations. Every county is

charged with the duty to provide when practicable clinical facilities,

and to adopt necessary rules for the use therefor, for such physical,

mental and psychiatric examinations and reports as may be within the

required scope of efficient probation investigation and supervision.

ARTICLE 12-B State Board of Parole

§ 259 — Definitions

Definitions. When used in this article, the following terms

shall have the following meanings:

1. "Board" means the state board of parole.

2. "Commissioner" means the commissioner of the department of

corrections and community supervision.

3. "Community supervision" means the supervision of individuals

released into the community on temporary release, presumptive release,

parole, conditional release, post release supervision or medical parole.

4. "Department" means the department of corrections and community

supervision.

5. "Releasee" means an individual released from an institution under

the jurisdiction of the department into the community on temporary

release, presumptive release, parole, conditional release, post-release

supervision or medical parole.

6. "Technical violation" means any conduct that violates a condition

of community supervision in an important respect, other than the

commission of a new felony or misdemeanor offense under the penal law.

7. "Non-technical violation" means: (a) the commission of a new felony

or misdemeanor offense; or (b) conduct by a releasee who is serving a

sentence for an offense defined in article 130 of the penal law or

section 255.26 or 255.27 of such law, and such conduct violated a

specific condition reasonably related to such offense and efforts to

protect the public from the commission of a repeat of such offense.

8. "Absconding" means intentionally avoiding supervision by failing to

maintain contact or communication with the releasee's assigned community

supervision officer or area bureau office and to notify his or her

assigned community supervision officer or area bureau office of a change

in residence, and reasonable efforts by the assigned community

supervision officer to re-engage the releasee have been unsuccessful.

§ 259-a — State board of parole; funding

State board of parole; funding. The annual budget submitted

by the governor shall separately state the recommended appropriations

for the state board of parole. Upon enactment, these separately stated

appropriations for the state board of parole shall not be decreased by

interchange with any other appropriation, notwithstanding section

fifty-one of the state finance law.

§ 259-b — State board of parole; organization

State board of parole; organization. 1. There shall be in the

department a state board of parole which shall possess the powers and

duties hereinafter specified. The board shall function independently of

the department regarding all of its decision-making functions, as well

as any other powers and duties specified in this article, provided,

however, that administrative matters of general applicability within the

department shall be applicable to the board. Such board shall consist of

not more than nineteen members appointed by the governor with the advice

and consent of the senate. The term of office of each member of such

board shall be for six years; provided, however, that any member chosen

to fill a vacancy occurring otherwise than by expiration of term shall

be appointed for the remainder of the unexpired term of the member whom

he is to succeed. In the event of the inability to act of any member,

the governor may appoint some competent informed person to act in his

stead during the continuance of such disability.

2. Each member of the board shall either (a) have been awarded a

degree from an accredited four-year college or university or a graduate

degree from such college or university or accredited graduate school and

shall have had at least five years of experience in one or more of the

fields of criminology, administration of criminal justice, law

enforcement, sociology, law, social work, corrections, psychology,

psychiatry or medicine; or (b) have at least ten years of experience in

one or more of the fields of criminology, administration of criminal

justice, law enforcement, sociology, law, social work, corrections,

psychology, psychiatry or medicine.

3. The governor shall designate one of the members of the board as

chairman to serve in such capacity at the pleasure of the governor or

until the member's term of office expires and a successor is designated

in accordance with law, whichever first occurs. The chairman shall be

responsible for the administrative functions and daily operations of the

parole board and its staff, except as otherwise provided by law.

4. The members of the board shall not hold any other public office;

nor shall they, at any time of their appointment nor during their

incumbency, serve as a representative of any political party on an

executive committee or other governing body thereof, nor as an executive

officer or employee of any political committee, organization or

association.

5. Each member of the board shall receive for his services an annual

salary to be fixed by the governor within the amount appropriated

therefor. Each member of such board shall also receive his necessary

expenses actually incurred in the discharge of his duties.

6. Any member of the board may be removed by the governor for cause

after an opportunity to be heard.

7. Except as otherwise provided by law, a majority of the board shall

constitute a quorum for the transaction of all business of the board.

8. Members of the board shall devote their full time to their duties

and shall hold no other salaried public position.

§ 259-c — State board of parole; functions, powers and duties

State board of parole; functions, powers and duties. The

state board of parole shall: * 1. have the power and duty of determining

which incarcerated individuals serving an indeterminate or determinate

sentence of imprisonment may be released on parole, or on medical parole

pursuant to section two hundred fifty-nine-r or section two hundred

fifty-nine-s of this article, and when and under what conditions;

* NB Effective until September 1, 2027

* 1. have the power and duty of determining which incarcerated

individuals serving an indeterminate sentence of imprisonment may be

released on parole, or on medical parole pursuant to section two hundred

fifty-nine-r of this article, and when and under what conditions;

* NB Effective September 1, 2027

* 2. have the power and duty of determining the conditions of release

of the person who may be presumptively released, conditionally released

or subject to a period of post-release supervision under an

indeterminate or determinate sentence of imprisonment;

* NB Effective until September 1, 2027

* 2. have the power and duty of determining the conditions of release

of the person who may be conditionally released or subject to a period

of post-release supervision under an indeterminate or reformatory

sentence of imprisonment and of determining which incarcerated

individuals serving a definite sentence of imprisonment may be

conditionally released and when and under what conditions;

* NB Effective September 1, 2027

3. determine, as each incarcerated individual is received by the

department, the need for further investigation of the background of such

incarcerated individual. Upon such determination, the department shall

cause such investigation as may be necessary to be made as soon as

practicable, the results of such investigation together with all other

information compiled by the department and the complete criminal record

and family court record of such incarcerated individual to be filed so

as to be readily available when the parole of such incarcerated

individual is being considered;

4. establish written procedures for its use in making parole decisions

as required by law. Such written procedures shall incorporate risk and

needs principles to measure the rehabilitation of persons appearing

before the board, the likelihood of success of such persons upon

release, and assist members of the state board of parole in determining

which incarcerated individuals may be released to parole supervision;

5. through its members, officers and employees, study or cause to be

studied the incarcerated individuals confined in institutions over which

the board has jurisdiction, so as to determine their ultimate fitness to

be paroled;

6. have the power to revoke the community supervision status of any

person and to authorize the issuance of a warrant for the re-taking of

such persons;

8. have the power and perform the duty, when requested by the

governor, of reporting to the governor the facts, circumstances,

criminal records and social, physical, mental and psychiatric conditions

and histories of incarcerated individuals under consideration by the

governor for pardon or commutation of sentence and of applicants for

restoration of the rights of citizenship;

9. for the purpose of any investigation in the performance of duties

made by it or any member thereof, have the power to issue subpoenas, to

compel the attendance of witnesses and the production of books, papers,

and other documents pertinent to the subject of its inquiry;

10. have the power to authorize any members thereof and hearing

officers to administer oaths and take the testimony of persons under

oath;

11. make rules for the conduct of its work, a copy of such rules and

of any amendments thereto to be filed by the chairman with the secretary

of state;

12. to facilitate the supervision of all incarcerated individuals

released on community supervision the chairman of the state board of

parole shall consider the implementation of a program of graduated

sanctions, including but not limited to the utilization of a risk and

needs assessment instrument that would be administered to all

incarcerated individuals eligible for parole supervision. Such a program

would include various components including the use of alternatives to

incarceration for technical parole violations;

13. transmit a report of the work of the state board of parole for the

preceding calendar year to the governor and the legislature annually.

Such report shall include statistical information regarding the

demographics of persons granted release and considered for release to

community supervision or deportation, including but not limited to age,

gender, race, ethnicity, region of commitment and other relevant

categories of classification and commitment;

14. notwithstanding any other provision of law to the contrary, where

a person serving a sentence for an offense defined in article one

hundred thirty, one hundred thirty-five or two hundred sixty-three of

the penal law or section 255.25, 255.26 or 255.27 of the penal law and

the victim of such offense was under the age of eighteen at the time of

such offense or such person has been designated a level three sex

offender pursuant to subdivision six of section one hundred

sixty-eight-l of the correction law, is released on parole or

conditionally released pursuant to subdivision one or two of this

section, the board shall require, as a mandatory condition of such

release, that such sentenced offender shall refrain from knowingly

entering into or upon any school grounds, as that term is defined in

subdivision fourteen of section 220.00 of the penal law, or any other

facility or institution primarily used for the care or treatment of

persons under the age of eighteen while one or more of such persons

under the age of eighteen are present, provided however, that when such

sentenced offender is a registered student or participant or an employee

of such facility or institution or entity contracting therewith or has a

family member enrolled in such facility or institution, such sentenced

offender may, with the written authorization of his or her parole

officer and the superintendent or chief administrator of such facility,

institution or grounds, enter such facility, institution or upon such

grounds for the limited purposes authorized by the parole officer and

superintendent or chief officer. Nothing in this subdivision shall be

construed as restricting any lawful condition of supervision that may be

imposed on such sentenced offender.

15. Notwithstanding any other provision of law to the contrary, where

a person is serving a sentence for an offense for which registration as

a sex offender is required pursuant to subdivision two or three of

section one hundred sixty-eight-a of the correction law, and the victim

of such offense was under the age of eighteen at the time of such

offense or such person has been designated a level three sex offender

pursuant to subdivision six of section one hundred sixty-eight-l of the

correction law or the internet was used to facilitate the commission of

the crime, is released on parole or conditionally released pursuant to

subdivision one or two of this section, the board shall require, as

mandatory conditions of such release, that such sentenced offender shall

be prohibited from using the internet to access pornographic material,

access a commercial social networking website, communicate with other

individuals or groups for the purpose of promoting sexual relations with

persons under the age of eighteen, and communicate with a person under

the age of eighteen when such offender is over the age of eighteen,

provided that the board may permit an offender to use the internet to

communicate with a person under the age of eighteen when such offender

is the parent of a minor child and is not otherwise prohibited from

communicating with such child. Nothing in this subdivision shall be

construed as restricting any other lawful condition of supervision that

may be imposed on such sentenced offender. As used in this subdivision,

a "commercial social networking website" shall mean any business,

organization or other entity operating a website that permits persons

under eighteen years of age to be registered users for the purpose of

establishing personal relationships with other users, where such persons

under eighteen years of age may: (i) create web pages or profiles that

provide information about themselves where such web pages or profiles

are available to the public or to other users; (ii) engage in direct or

real time communication with other users, such as a chat room or instant

messenger; and (iii) communicate with persons over eighteen years of

age; provided, however, that, for purposes of this subdivision, a

commercial social networking website shall not include a website that

permits users to engage in such other activities as are not enumerated

herein.

15-a. Notwithstanding any other provision of law, where a person is

serving a sentence for a violation of section 120.03, 120.04, 120.04-a,

125.12, 125.13 or 125.14 of the penal law, or a felony as defined in

paragraph (c) of subdivision one of section eleven hundred ninety-three

of the vehicle and traffic law, if such person is released on parole or

conditional release the board shall require as a mandatory condition of

such release, that such person install and maintain, in accordance with

the provisions of section eleven hundred ninety-eight of the vehicle and

traffic law, an ignition interlock device in any motor vehicle owned or

operated by such person during the term of such parole or conditional

release for such crime. Provided further, however, the board may not

otherwise authorize the operation of a motor vehicle by any person whose

license or privilege to operate a motor vehicle has been revoked

pursuant to the provisions of the vehicle and traffic law.

16. determine which incarcerated individuals serving a definite

sentence of imprisonment may be conditionally released from an

institution in which he or she is confined in accordance with

subdivision two of section 70.40 of the penal law.

17. within amounts appropriated, appoint attorneys to serve as its

legal advisors. Such attorneys shall report directly to the board,

provided, however, that administrative matters of general applicability

within the department shall be applicable to such attorneys.

§ 259-d — Hearing officers

Hearing officers. 1. The state board of parole shall appoint

and shall have the power to remove, in accordance with the provisions of

the civil service law, hearing officers who shall be authorized to

conduct parole revocation proceedings. Hearing officers shall function

independently of the department regarding all of their decision-making

functions, and shall report directly to the board, provided, however,

that administrative matters of general applicability within the

department shall be applicable to all hearing officers. A hearing

officer conducting such proceedings shall, when delegated such authority

by the board in rules adopted by the board, be required to make a

written decision in accordance with standards and rules adopted by the

board. Nothing in this article shall be deemed to preclude a member of

the state board of parole from exercising all of the functions, powers

and duties of a hearing officer upon request of the chairman.

2. The board, acting in cooperation with the civil service commission,

shall establish standards, preliminary requisites and requisites to

govern the selection, appointment and removal of hearing officers. Such

standards and requisites shall be designed to assure that persons

selected as hearing officers have the ability to conduct parole

revocation proceedings fairly and impartially. Such standards shall not

require prior experience as a parole officer. The board shall have the

authority to establish procedures necessary to implement this section.

§ 259-e — Institutional parole services

Institutional parole services. The department shall provide

institutional parole services. Such services shall include preparation

of reports and other data required by the state board of parole in the

exercise of its functions with respect to release on presumptive

release, parole, conditional release or post-release supervision of

incarcerated individuals. Additionally, the department shall determine

which incarcerated individuals are in need of a deaf language

interpreter or an English language interpreter, and shall inform the

board of such need within a reasonable period of time prior to an

incarcerated individual's scheduled appearance before the board.

Employees of the department who collect data, interview incarcerated

individuals and prepare reports for the state board of parole in

institutions under the jurisdiction of the department shall work under

the direct supervision of the deputy commissioner of the department in

charge of program services. Data and reports submitted to the board

shall address the statutory factors to be considered by the board

pursuant to the relevant provisions of section two hundred fifty-nine-i

of this article.

§ 259-h — Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-s...

Parole eligibility for certain incarcerated individuals

sentenced for crimes committed prior to September first, nineteen

hundred sixty-seven. 1. The provisions of this subdivision shall apply

in any case where a person is under one or more of the following

sentences imposed pursuant to the penal law in effect prior to September

first, nineteen hundred sixty-seven:

(a) Life imprisonment for the crime of murder in the first degree

pursuant to section ten hundred forty-five or ten hundred forty-five-a

of such law;

(b) Life imprisonment for the crime of kidnapping pursuant to section

twelve hundred fifty of such law; or

(c) Death commuted to life imprisonment for the crime of murder in the

first degree or for the crime of kidnapping pursuant to one of the above

sections.

Any such person who is not otherwise or who will not sooner become

eligible for release on parole under such sentence shall be or become

eligible for release on parole after service of a minimum period of

imprisonment of twenty years.

2. The provisions of this subdivision shall apply in any case where a

person is under one or more of the following sentences imposed pursuant

to the penal law in effect prior to September first, nineteen hundred

sixty-seven:

(a) A minimum term of twenty years or more and a maximum of natural

life for the crime of murder in the second degree pursuant to section

ten hundred forty-eight of such law;

(b) A minimum term of twenty years or more and a maximum of natural

life for the crime of kidnapping imposed pursuant to section twelve

hundred fifty of such law;

(c) A minimum term of fifteen years or more and a maximum of natural

life for a third conviction of a felony under laws relating to narcotic

drugs pursuant to section nineteen hundred forty-one of such law; or

(d) A minimum term of fifteen years or more and a maximum of natural

life for a fourth conviction of a felony pursuant to section nineteen

hundred forty-two of such law.

Any person who is not otherwise or who will not sooner become eligible

for release on parole under such sentence shall be or become eligible

for release on parole after service of a minimum period of imprisonment

of fifteen years.

3. The provisions of this subdivision shall apply in any case where a

person is under a sentence imposed pursuant to the penal law in effect

prior to September first, nineteen hundred sixty-seven, other than a

sentence specified in subdivisions one and two of this section. Any

person who is not otherwise or who will not sooner become eligible for

release on parole shall be or become eligible for release on parole

under such sentence after service of a minimum period of imprisonment of

eight years and four months.

Notwithstanding the provisions of subdivisions one and two hereof,

incarcerated individuals convicted of murder, second degree, and

sentenced pursuant to the provisions of the penal law in effect prior to

September first, nineteen hundred sixty-seven, who are not otherwise or

who will not sooner become eligible for release on parole, shall be

eligible for release on parole under such sentence after service of a

minimum period of imprisonment of eight years and four months.

4. In calculating time required to be served prior to eligibility for

parole under the minimum periods of imprisonment established by this

section the following rules shall apply:

(a) Service of such time shall be deemed to have commenced on the day

the incarcerated individual was received in an institution under the

jurisdiction of the department pursuant to the sentence;

(b) Where an incarcerated individual is under more than one sentence,

(i) if the sentences run concurrently, the time served under

imprisonment on any of the sentences shall be credited against the

minimum periods of all the concurrent sentences, and (ii) if the

sentences run consecutively, the minimum periods of imprisonment shall

merge in and be satisfied by service of the period that has the longest

unexpired time to run;

(c) No credit shall be allowed for "good conduct and efficient and

willing performance of duties," under former section two hundred thirty

of the correction law, repealed by chapter four hundred seventy-six of

the laws of nineteen hundred seventy and continued in effect as to

certain incarcerated individuals, or under any other provision of law;

(d) Calculations with respect to "jail time" "time served under

vacated sentence" and interruption for "escape" shall be in accordance

with the provisions of subdivisions three, five and six of section 70.30

of the penal law as enacted by chapter ten hundred thirty of the laws of

nineteen hundred sixty-five, as amended.

5. The provisions of this section shall not be construed as

diminishing the discretionary authority of the board of parole to

determine whether or not an incarcerated individual is to be paroled.

§ 259-i — Procedures for the conduct of the work of the state board of parole

Procedures for the conduct of the work of the state board of

parole.

2. Parole. * (a) (i) Except as provided in subparagraph (ii) of this

paragraph, at least one month prior to the date on which an incarcerated

individual may be paroled pursuant to subdivision one of section 70.40

of the penal law, a member or members as determined by the rules of the

board shall personally interview such incarcerated individual and

determine whether he or she should be paroled in accordance with the

guidelines adopted pursuant to subdivision four of section two hundred

fifty-nine-c of this article. If parole is not granted upon such review,

the incarcerated individual shall be informed in writing within two

weeks of such appearance of the factors and reasons for such denial of

parole. Such reasons shall be given in detail and not in conclusory

terms. The board shall specify a date not more than twenty-four months

from such determination for reconsideration, and the procedures to be

followed upon reconsideration shall be the same. If the incarcerated

individual is released, he or she shall be given a copy of the

conditions of parole. Such conditions shall where appropriate, include a

requirement that the parolee comply with any restitution order,

mandatory surcharge, sex offender registration fee and DNA databank fee

previously imposed by a court of competent jurisdiction that applies to

the parolee. The conditions shall indicate which restitution collection

agency established under subdivision eight of section 420.10 of the

criminal procedure law, shall be responsible for collection of

restitution, mandatory surcharge, sex offender registration fees and DNA

databank fees as provided for in section 60.35 of the penal law and

section eighteen hundred nine of the vehicle and traffic law. If the

incarcerated individual is released, he or she shall also be notified in

writing that his or her voting rights will be restored upon release.

(ii) Any incarcerated individual who is scheduled for presumptive

release pursuant to section eight hundred six of the correction law

shall not appear before the board as provided in subparagraph (i) of

this paragraph unless such incarcerated individual's scheduled

presumptive release is forfeited, canceled, or rescinded subsequently as

provided in such law. In such event, the incarcerated individual shall

appear before the board for release consideration as provided in

subparagraph (i) of this paragraph as soon thereafter as is practicable.

* NB Effective until September 1, 2027

* (a) At least one month prior to the expiration of the minimum period

or periods of imprisonment fixed by the court or board, a member or

members as determined by the rules of the board shall personally

interview an incarcerated individual serving an indeterminate sentence

and determine whether he or she should be paroled at the expiration of

the minimum period or periods in accordance with the procedures adopted

pursuant to subdivision four of section two hundred fifty-nine-c of this

article. If parole is not granted upon such review, the incarcerated

individual shall be informed in writing within two weeks of such

appearance of the factors and reasons for such denial of parole. Such

reasons shall be given in detail and not in conclusory terms. The board

shall specify a date not more than twenty-four months from such

determination for reconsideration, and the procedures to be followed

upon reconsideration shall be the same. If the incarcerated individual

is released, he or she shall be given a copy of the conditions of

parole. Such conditions shall where appropriate, include a requirement

that the parolee comply with any restitution order and mandatory

surcharge previously imposed by a court of competent jurisdiction that

applies to the parolee. The conditions shall indicate which restitution

collection agency established under subdivision eight of section 420.10

of the criminal procedure law, shall be responsible for collection of

restitution and mandatory surcharge as provided for in section 60.35 of

the penal law and section eighteen hundred nine of the vehicle and

traffic law. If the incarcerated individual is released, he or she shall

also be notified in writing that his or her voting rights will be

restored upon release.

* NB Effective September 1, 2027

(b) Persons presumptively released, paroled, conditionally released or

released to post-release supervision from an institution under the

jurisdiction of the department, the department of mental hygiene or the

office of children and family services shall, while on presumptive

release, parole, conditional release or post-release supervision, be in

the legal custody of the department until expiration of the maximum term

or period of sentence, or expiration of the period of supervision,

including any period of post-release supervision, or return to

imprisonment in the custody of the department, as the case may be.

(c) (A) Discretionary release on parole shall not be granted merely as

a reward for good conduct or efficient performance of duties while

confined but after considering if there is a reasonable probability

that, if such incarcerated individual is released, he or she will live

and remain at liberty without violating the law, and that his or her

release is not incompatible with the welfare of society and will not so

deprecate the seriousness of his or her crime as to undermine respect

for law. In making the parole release decision, the procedures adopted

pursuant to subdivision four of section two hundred fifty-nine-c of this

article shall require that the following be considered: (i) the

institutional record including program goals and accomplishments,

academic achievements, vocational education, training or work

assignments, therapy and interactions with staff and incarcerated

individuals; (ii) performance, if any, as a participant in a temporary

release program; (iii) release plans including community resources,

employment, education and training and support services available to the

incarcerated individual; (iv) any deportation order issued by the

federal government against the incarcerated individual while in the

custody of the department and any recommendation regarding deportation

made by the commissioner of the department pursuant to section one

hundred forty-seven of the correction law; (v) any current or prior

statement made to the board by the crime victim or the victim's

representative, where the crime victim is deceased or is mentally or

physically incapacitated; (vi) the length of the determinate sentence to

which the incarcerated individual would be subject had he or she

received a sentence pursuant to section 70.70 or section 70.71 of the

penal law for a felony defined in article two hundred twenty or article

two hundred twenty-one of the penal law; (vii) the seriousness of the

offense with due consideration to the type of sentence, length of

sentence and recommendations of the sentencing court, the district

attorney, the attorney for the incarcerated individual, the pre-sentence

probation report as well as consideration of any mitigating and

aggravating factors, and activities following arrest prior to

confinement; and (viii) prior criminal record, including the nature and

pattern of offenses, adjustment to any previous probation or parole

supervision and institutional confinement. The board shall provide toll

free telephone access for crime victims. In the case of an oral

statement made in accordance with subdivision one of section 440.50 of

the criminal procedure law, the parole board member shall present a

written report of the statement to the parole board. A crime victim's

representative shall mean the crime victim's closest surviving relative,

the committee or guardian of such person, or the legal representative of

any such person. Such statement submitted by the victim or victim's

representative may include information concerning threatening or

intimidating conduct toward the victim, the victim's representative, or

the victim's family, made by the person sentenced and occurring after

the sentencing. Such information may include, but need not be limited

to, the threatening or intimidating conduct of any other person who or

which is directed by the person sentenced. Any statement by a victim or

the victim's representative made to the board shall be maintained by the

department in the file provided to the board when interviewing the

incarcerated individual in consideration of release. A victim or

victim's representative who has submitted a written request to the

department for the transcript of such interview shall be provided such

transcript as soon as it becomes available.

(B) Where a crime victim or victim's representative as defined in

subparagraph (A) of this paragraph, or other person submits to the

parole board a written statement concerning the release of an

incarcerated individual, the parole board shall keep that individual's

name and address confidential.

(d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)

of this subdivision, after the incarcerated individual has served his or

her minimum period of imprisonment imposed by the court, or at any time

after the incarcerated individual's period of imprisonment has commenced

for an incarcerated individual serving a determinate or indeterminate

term of imprisonment, provided that the incarcerated individual has had

a final order of deportation issued against him or her and provided

further that the incarcerated individual is not convicted of either an

A-I felony offense other than an A-I felony offense as defined in

article two hundred twenty of the penal law or a violent felony offense

as defined in section 70.02 of the penal law, if the incarcerated

individual is subject to deportation by the United States Bureau of

Immigration and Customs Enforcement, in addition to the criteria set

forth in paragraph (c) of this subdivision, the board may consider, as a

factor warranting earlier release, the fact that such incarcerated

individual will be deported, and may grant parole from an indeterminate

sentence or release for deportation from a determinate sentence to such

incarcerated individual conditioned specifically on his or her prompt

deportation. The board may make such conditional grant of early parole

from an indeterminate sentence or release for deportation from a

determinate sentence only where it has received from the United States

Bureau of Immigration and Customs Enforcement assurance (A) that an

order of deportation will be executed or that proceedings will promptly

be commenced for the purpose of deportation upon release of the

incarcerated individual from the custody of the department of

correctional services, and (B) that the incarcerated individual, if

granted parole or release for deportation pursuant to this paragraph,

will not be released from the custody of the United States Bureau of

Immigration and Customs Enforcement, unless such release be as a result

of deportation without providing the board a reasonable opportunity to

arrange for execution of its warrant for the retaking of such person.

(ii) An incarcerated individual who has been granted parole from an

indeterminate sentence or release for deportation from a determinate

sentence pursuant to this paragraph shall be delivered to the custody of

the United States Bureau of Immigration and Customs Enforcement along

with the board's warrant for his or her retaking to be executed in the

event of his release from such custody other than by deportation. In the

event that such person is not deported, the board shall execute the

warrant, effect his return to imprisonment in the custody of the

department and within sixty days after such return, provided that the

person is serving an indeterminate sentence and the minimum period of

imprisonment has been served, personally interview him or her to

determine whether he or she should be paroled in accordance with the

provisions of paragraphs (a), (b) and (c) of this subdivision. The

return of a person granted parole from an indeterminate sentence or

release for deportation from a determinate sentence pursuant to this

paragraph for the reason set forth herein shall not be deemed to be a

parole delinquency and the interruptions specified in subdivision three

of section 70.40 of the penal law shall not apply, but the time spent in

the custody of the United States Bureau of Immigration and Customs

Enforcement shall be credited against the term of the sentence in

accordance with the rules specified in paragraph (c) of that

subdivision. Notwithstanding any other provision of law, any

incarcerated individual granted parole from an indeterminate sentence or

release for deportation from a determinate sentence pursuant to this

paragraph who is subsequently committed to imprisonment in the custody

of the department for a felony offense committed after release pursuant

to this paragraph shall have his parole eligibility date on the

indeterminate sentence for the new felony offense, or his or her

conditional release date on the determinate sentence for the new felony

offense, as the case may be, extended by the amount of time between the

date on which such incarcerated individual was released from

imprisonment in the custody of the department pursuant to this paragraph

and the date on which such incarcerated individual would otherwise have

completed service of the minimum period of imprisonment on the prior

felony offense.

(e) Notwithstanding the requirements of paragraph (a) of this

subdivision, the determination to parole an incarcerated individual who

has successfully completed the shock incarceration program pursuant to

section eight hundred sixty-seven of the correction law may be made

without a personal interview of the incarcerated individual and shall be

made in accordance with procedures set forth in the rules of the board.

If parole is not granted, the time period for reconsideration shall not

exceed the court imposed minimum.

3. Revocation of presumptive release, parole, conditional release and

post-release supervision. (a) (i) If the parole officer having charge of

a presumptively released, paroled or conditionally released person or a

person released to post-release supervision or a person received under

the uniform act for out-of-state parolee supervision shall have probable

cause to believe that such person has committed a technical violation,

such parole officer shall report such fact to a member of the board, or

to any officer of the department designated by the board, and thereupon

a written notice of violation may be issued according to the terms of

subparagraph (iii) of paragraph (c) of this subdivision, and shall be

promptly served upon such person. If the releasee has failed to appear

as directed in response to a notice of violation and has failed to

appear voluntarily within forty-eight hours after such time and the

person would be subject to incarceration pursuant to subparagraph (xii)

of paragraph (f) of this subdivision should the violation be sustained

at a final revocation hearing, a warrant may be issued for the retaking

of such person and for his temporary detention pending a recognizance

hearing in accordance with the rules of the board. If the person has

intentionally failed to appear as directed in response to a notice of

violation and has intentionally failed to appear voluntarily within

forty-eight hours after such time and the person would not be subject to

incarceration pursuant to paragraph (f) of this subdivision should the

violation be sustained at a final revocation hearing, no warrant shall

issue and the violation shall be deemed sustained. Notice of that

decision shall be promptly served upon the releasee. In such case,

within one month of the date the notice of decision was served upon the

releasee, the releasee may move to vacate such a sustained violation if

the releasee can show by a preponderance of the evidence that the notice

of violation was not properly served or the failure to appear was

otherwise excusable. If the parole officer having charge of a person

under community supervision shall have probable cause to believe that

such person has committed a non-technical violation, such parole officer

shall report such fact to a member of the board, or to any officer of

the department designated by the board, and thereupon a notice of

violation may be issued or a warrant may be issued for the retaking of

such person and for his temporary detention in accordance with the rules

of the board. However, if a releasee has been determined to be currently

unfit to proceed to trial or is currently subject to a temporary or

final order of observation pursuant to article seven hundred thirty of

the criminal procedure law, no notice of violation or warrant shall be

issued. The issuance of a notice of violation, service of a notice of

violation, service of a notice of decision, and the retaking and

detention of any person for whom a warrant has been issued pursuant to

this subparagraph may be further regulated by rules and regulations of

the department not inconsistent with this article. A warrant issued

pursuant to this section shall constitute sufficient authority to the

superintendent or other person in charge of any jail, penitentiary,

lockup or detention pen to whom it is delivered to hold in temporary

detention the person named therein pending a recognizance hearing

pursuant to subparagraph (iv) of this paragraph. It shall not be a

condition of parole nor may a notice of violation or a warrant be issued

due to a releasee being in the company of or fraternizing with any

person the releasee knows has a criminal record or knows has been

adjudicated a youthful offender or due to conduct related to cannabis

that is lawful pursuant to the laws of New York.

(ii) A warrant issued for a presumptive release, a parole, a

conditional release or a post-release supervision violator may be

executed by any parole officer or any officer authorized to serve

criminal process or any peace officer, who is acting pursuant to his

special duties, or police officer. Any such officer to whom such warrant

shall be delivered is authorized and required to execute such warrant by

taking such person and having him detained as provided in this

paragraph.

(iii) Where the alleged violator is detained in another state pursuant

to such warrant and is not under parole supervision pursuant to the

uniform act for out-of-state parolee supervision or where an alleged

violator under parole supervision pursuant to the uniform act for

out-of-state parolee supervision is detained in a state other than the

receiving state, the warrant will not be deemed to be executed until the

alleged violator is detained exclusively on the basis of such warrant

and the department has received notification that the alleged violator

(A) has formally waived extradition to this state or (B) has been

ordered extradited to this state pursuant to a judicial determination.

The alleged violator will not be considered to be within the convenience

and practical control of the department until the warrant is deemed to

be executed.

(iv) Notwithstanding the provisions of any other law, upon execution

of a warrant issued pursuant to this section for any releasee alleged to

have committed a violation of a condition of release in an important

respect in the city of New York, the authorized officer shall present

the releasee to the criminal court of the city of New York or the

supreme court criminal term in the county where the violation is alleged

to have been committed for a recognizance hearing within twenty-four

hours of the execution of the warrant. If no such court of record is

available to conduct any business of any type within twenty-four hours

of the execution of the warrant, the recognizance hearing shall commence

on the next day such a court in the jurisdiction is available to conduct

any business of any type. For any releasee alleged to have committed a

violation of a condition of release in an important respect outside of

the city of New York, the authorized officer shall present the releasee

to a county court, district court or city court in the county or city

where the violation is alleged to have been committed for a recognizance

hearing. If no such court of record is available to conduct any business

of any type within twenty-four hours of the execution of the warrant,

the recognizance hearing shall commence on the next day such court is

available to conduct any business of any type.

(v) At a recognizance hearing, the department shall have the burden of

demonstrating to the court that the executed warrant was properly issued

and served pursuant to this section. The department shall be responsible

for presenting information to the court regarding the alleged violation

and the releasee's community supervision record. If the alleged

violation is the subject of a pending criminal prosecution, the

department shall coordinate with the office of the district attorney to

ensure information regarding the alleged violation and the releasee's

community supervision record is presented to the court. At a

recognizance hearing, the department shall have the burden of

demonstrating to the court that the executed warrant was properly issued

and served pursuant to this section. The department shall be responsible

for presenting information to the court regarding the alleged violation

and the releasee's community supervision record. If the alleged

violation is the subject of a pending criminal prosecution, the

department shall coordinate with the office of the district attorney to

ensure information regarding the alleged violation and the releasee's

community supervision record is presented to the court.

(vi) At a recognizance hearing, the court shall consider all available

evidence of the releasee's employment, family and community ties

including length of residency in the community, history of reporting in

a timely fashion to a parole or supervisory officer, and other

indicators of stability. At the conclusion of the recognizance hearing,

the court may order that the releasee be detained pending a preliminary

or final revocation hearing only upon a finding that the releasee

currently presents a substantial risk of willfully failing to appear at

the preliminary or final revocation hearings and that no non-monetary

condition or combination of conditions in the community will reasonably

assure the releasee's appearance at the preliminary or final revocation

hearing. Otherwise, the court shall release the releasee on the least

restrictive non-monetary conditions that will reasonably assure the

releasee's appearance at subsequent preliminary or revocation hearings,

with a presumption of release on recognizance. The court shall explain

its decision on the record or in writing. If non-monetary conditions of

release are imposed, the releasee shall not be required to pay for any

part of the cost of such conditions.

(vii) The alleged violator shall have a right to representation by

counsel at the recognizance hearing. In any case, including when a court

is called upon to evaluate the capacity of an alleged violator to

participate in a recognizance proceeding, where such person is

financially unable to retain counsel, the court in which any criminal

case against the individual is pending, or if there is no such case

pending, the criminal court of the city of New York, the county court or

district court in the county where the violation is alleged to have

occurred or where the hearing is to be held, shall assign counsel in

accordance with the county or city plan for representation placed in

operation pursuant to article eighteen-B of the county law.

(viii) If the violation charge involves conduct that would constitute

a new felony or misdemeanor offense, such recognizance hearing may be

held at the same time as a proceeding pursuant to article five hundred

thirty of the criminal procedure law for any warrants issued by the

department prior to such proceeding. If at the proceeding pursuant to

article five hundred thirty of the criminal procedure law the court

imposes bail on the new alleged criminal offense or commits the releasee

to the custody of the sheriff pursuant to article five hundred thirty of

the criminal procedure law and the releasee secures release by paying

bail or under non-monetary conditions or by operation of law, then the

releasee shall not be detained further based solely on the warrant

issued by the department. If the department issues a warrant for a

non-technical violation for alleged criminal conduct that has already

been the subject of a court's order pursuant to article five hundred

thirty of the criminal procedure law, then within twenty-four hours of

execution of the warrant the releasee shall be provided a recognizance

hearing pursuant to this subparagraph, provided, however, that if no

court as defined in subparagraph (iv) of this paragraph is available to

conduct any business of any type within twenty-four hours of the

execution of the warrant, then the recognizance hearing shall commence

on the next day such court is available to conduct any business of any

type.

(b) A person who shall have been taken into custody pursuant to this

subdivision for violation of one or more conditions of presumptive

release, parole, conditional release or post-release supervision shall,

insofar as practicable, be incarcerated in the county or city in which

the arrest occurred.

(c) (i) (A) For any alleged technical violation for which a notice of

violation was issued or a person was released on recognizance pursuant

to subparagraph (iv) of paragraph (a) of this subdivision, the

department shall within ten days of the issuance of the notice of

violation or the order of release on recognizance afford the person a

preliminary revocation hearing before a hearing officer designated by

the department. Such hearing officer shall not have had any prior

supervisory involvement over the alleged violator. Such hearing shall

not be held at a correctional facility, detention center or local

correctional facility. The hearing shall be scheduled and held in a

courthouse, in cooperation with the chief administrator of the courts

and the chief administrator's designees, provided, however, that if such

a courthouse is not reasonably available for such hearing, the

department may designate a suitable office or other similar facility

that is not a correctional facility, detention center or local

correctional facility for such hearing.

(B) For any alleged violation for which a court issued an order

detaining a person, within five days of the issuance of such order to

detain or execution of a warrant for the violation, the department shall

afford such person a preliminary hearing before a hearing officer

designated by the department. Such hearing officer shall not have had

any prior supervisory involvement over the alleged violator. For any

alleged violation for which a person was released on recognizance,

within ten days of the issuance of the order of release on recognizance,

the department shall afford such person a preliminary revocation

hearing.

(ii) The preliminary presumptive release, parole, conditional release

or post-release supervision revocation hearing shall be scheduled and

held in a courthouse, in cooperation with the chief administrator of the

courts and the chief administrator's designees, provided, however, that

if such a courthouse is not reasonably available for such hearing, the

department may designate a suitable office or other similar facility

that is not a correctional facility, detention center or local

correctional facility for such hearing.

(iii) The alleged violator shall, at the time a notice of violation is

issued or at the time of a recognizance hearing, be given written notice

of the time, place and purpose of the preliminary hearing, or if no

preliminary hearing is required pursuant to this section, of the final

revocation hearing. The notice shall state what conditions of community

supervision are alleged to have been violated, and in what manner; that

such person shall have the right to appear and speak in his or her own

behalf; that he or she shall have the right to introduce letters and

documents; that he or she may present witnesses who can give relevant

information to the hearing officer; that he or she has the right to

confront the witnesses against him or her; that such person shall have

the right to representation by counsel at any preliminary and final

revocation hearings; and the name and contact details for institutional

defenders or assigned private counsel, as applicable. Adverse witnesses

may be compelled to attend the preliminary hearing unless the prisoner

has been convicted of a new crime while on supervision or unless the

hearing officer finds good cause for their non-attendance. As far as

practicable or feasible, any additional documents having been collected

or prepared that are relevant to the charge shall be delivered to the

alleged violator.

(iv) The standard of proof at the preliminary hearing shall be a

preponderance of the evidence to believe that the releasee has violated

one or more conditions of his or her community supervision in an

important respect. Proof of conviction of a crime committed while under

supervision shall constitute prima facie evidence of a violation of a

condition of community supervision for the purposes of this

subparagraph.

(v) At the preliminary hearing, the hearing officer shall review the

violation charges with the alleged violator, direct the presentation of

evidence concerning the alleged violation, receive the statements of

witnesses and documentary evidence on behalf of the prisoner, and allow

cross examination of those witnesses in attendance.

(vi) At the conclusion of the preliminary hearing, the hearing officer

shall inform the alleged violator of his or her decision as to whether

there is probable cause to believe that the presumptive releasee,

parolee, conditional releasee or person on post-release supervision has

violated one or more conditions of his or her release in an important

respect. Based solely on the evidence adduced at the hearing, the

hearing officer shall determine whether there is probable cause to

believe that such person has violated his or her presumptive release,

parole, conditional release or post-release supervision in an important

respect. The hearing officer shall in writing state the reasons for his

or her determination and the evidence relied on. A copy of the written

findings shall be sent to both the alleged violator and his or her

counsel.

(vii) If the hearing officer is satisfied that there is no probable

cause to believe that such person has violated one or more conditions of

release in an important respect, he or she shall dismiss the notice of

violation and direct such person be restored to supervision.

(viii) If the hearing officer is satisfied that there is probable

cause to believe that such person has violated one or more conditions of

release in an important respect, he or she shall so find.

(ix) If the hearing officer finds by a preponderance of the evidence

that such person has violated one or more conditions of community

supervision in an important respect, the releasee shall, at the

conclusion of the preliminary hearing be given written notice of the

time, place and purpose of the final revocation hearing. The notice

shall state what conditions of community supervision are alleged to have

been violated, when, where and in what manner; that such person shall

have the right to representation by counsel at any final revocation

hearing; that such person shall have the right to appear and speak in

his or her own behalf; that he or she shall have the right to introduce

letters and documents; that he or she may present witnesses who can give

relevant information to the hearing officer; that he or she has the

right to confront the witnesses against him or her; and the name and

contact details for institutional defenders or assigned private counsel,

as applicable. Any additional documents having been collected or

prepared that support the charges shall be delivered to the releasee.

Adverse witnesses may be compelled to attend the final revocation

hearing unless the prisoner has been convicted of a new crime while on

supervision or unless the hearing officer finds good cause for their

non-attendance.

(x) The alleged violator shall have a right to representation by

counsel at the preliminary hearing. In any case, including when a court

is called upon to evaluate the capacity of an alleged violator in a

preliminary proceeding, where such person is financially unable to

retain counsel, the criminal court of the city of New York, the county

court or district court in the county where the violation is alleged to

have occurred or where the hearing is held, shall assign counsel in

accordance with the county or city plan for representation placed in

operation pursuant to article eighteen-B of the county law.

* (d) If a finding of probable cause is made pursuant to this

subdivision either by a determination at a preliminary hearing or by the

waiver thereof, or if the releasee has been convicted of a new crime

while under presumptive release, parole, conditional release or

post-release supervision, the board's rules shall provide for (i)

declaring such person to be delinquent as soon as practicable and shall

require reasonable and appropriate action to make a final determination

with respect to the alleged violation or (ii) ordering such person to be

restored to presumptive release, parole, conditional release or

post-release supervision under such circumstances as it may deem

appropriate or (iii) when a presumptive releasee, parolee, conditional

releasee or person on post-release supervision has been convicted of a

new felony committed while under such supervision and a new

indeterminate or determinate sentence has been imposed, the board's

rules shall provide for a final declaration of delinquency. The

incarcerated individual shall then be notified in writing that his or

her release has been revoked on the basis of the new conviction and a

copy of the commitment shall accompany said notification. The

incarcerated individual's next appearance before the board shall be

governed by the legal requirements of said new indeterminate or

determinate sentence, or shall occur as soon after a final reversal of

the conviction as is practicable.

* NB Effective until September 1, 2027

* (d) If a finding of probable cause is made pursuant to this

subdivision either by determination at a preliminary hearing or by the

waiver thereof, or if the releasee has been convicted of a new crime

while under his present parole or conditional release supervision, the

board's rules shall provide for (i) declaring such person to be

delinquent as soon as practicable and shall require reasonable and

appropriate action to make a final determination with respect to the

alleged violation or (ii) ordering such person to be restored to parole

supervision under such circumstances as it may deem appropriate or (iii)

when a parolee or conditional releasee has been convicted of a new

felony committed while under his or her present parole or conditional

release supervision and a new indeterminate sentence has been imposed,

the board's rules shall provide for a final declaration of delinquency.

The incarcerated individual shall then be notified in writing that his

or her release has been revoked on the basis of the new conviction and a

copy of the commitment shall accompany said notification. The

incarcerated individual's next appearance before the board shall be

governed by the legal requirements of said new indeterminate sentence,

or shall occur as soon after a final reversal of the conviction as is

practicable.

* NB Effective September 1, 2027

(e) (i) If the alleged violator requests a local revocation hearing,

he or she shall be given a revocation hearing reasonably near the place

of the alleged violation or arrest if he or she has not been convicted

of a crime committed while under supervision. However, the board may, on

its own motion, designate a case for a local revocation hearing.

(ii) If there are two or more alleged violations, the hearing may be

conducted near the place of the violation chiefly relied upon as a basis

for the issuance of the warrant as determined by the board.

(iii) If a local revocation hearing is not ordered pursuant to

subparagraph (i) of this paragraph the alleged violator shall be given a

revocation hearing upon his or her return to a state correctional

facility.

(f) (i) For any releasee charged with a violation at a preliminary

hearing:

(A) If a court issued an order detaining a person after a finding by a

preponderance of the evidence that such person committed a violation

then within thirty days of the finding by a preponderance of the

evidence determination at the preliminary hearing, the department shall

afford such person a final revocation hearing in person before a hearing

officer designated by the department. Such hearing officer shall not

have had any prior supervisory involvement over the alleged violator.

(B) (1) If a notice of violation was issued or such person was

released on recognizance the department shall within forty-five days of

the issuance of the notice of violation or the order of release on

recognizance afford the person a final revocation hearing before a

hearing officer designated by the department. Such hearing officer shall

not have had any prior supervisory involvement over the alleged

violator.

(2) The final revocation hearing shall not be held at a correctional

facility, detention center or local correctional facility. Such hearing

shall be scheduled and held in a courthouse, in cooperation with the

chief administrator of the courts and the chief administrator's

designees, provided, however, that if such a courthouse is not

reasonably available for such hearing, the department may designate a

suitable office or other similar facility that is not a correctional

facility, detention center or local correctional facility for such

hearing.

(3) The department shall have six months from the date of the

effective date of the chapter of the laws of two thousand twenty-one

that amended this paragraph to begin to hold such hearings at allowable

locations.

(C) However, if an alleged violator requests and receives any

postponement of his or her revocation hearing, or consents to a

postponed revocation proceeding initiated by the board, or if an alleged

violator, by his actions otherwise precludes the prompt conduct of such

proceedings, the time limit may be extended.

(ii) The revocation hearing shall be conducted by a presiding officer

who may be a member or a hearing officer designated by the board in

accordance with rules of the board.

(iii) Both the alleged violator and an attorney who has filed a notice

of appearance on his or her behalf in accordance with the rules of the

board of parole shall be given written notice of the date, place and

time of the hearing pursuant to subparagraph (ix) of paragraph (c) of

this subdivision.

(iv) The alleged violator shall be given written notice of the rights

enumerated in subparagraph (iii) of paragraph (c) of this subdivision as

well as of his or her right to present mitigating evidence relevant to

restoration to presumptive release, parole, conditional release or

post-release supervision and his or her right to counsel.

(v) The alleged violator shall have a right to representation by

counsel at the revocation hearing. In any case, including when a

superior court is called upon to evaluate the capacity of an alleged

violator in a revocation proceeding, where such person is financially

unable to retain counsel, the criminal court of the city of New York,

the county court or district court in the county where the violation is

alleged to have occurred or where the hearing is held, shall assign

counsel in accordance with the county or city plan for representation

placed in operation pursuant to article eighteen-B of the county law. He

or she shall have the right to confront and cross-examine adverse

witnesses, unless there is good cause for their non-attendance as

determined by the presiding officer; present witnesses and documentary

evidence in defense of the charges; and present witnesses and

documentary evidence relevant to the question whether reincarceration of

the alleged violator is appropriate.

(vi) At the revocation hearing, the charges shall be read and the

alleged violator shall be permitted to plead not guilty, guilty, guilty

with explanation or to stand mute. As to each charge, evidence shall be

introduced through witnesses and documents, if any, in support of that

charge. At the conclusion of each witness's direct testimony, he or she

shall be made available for cross-examination. If the alleged violator

intends to present a defense to the charges or to present evidence of

mitigating circumstances, the alleged violator shall do so after

presentation of all the evidence in support of a violation of

presumptive release, parole, conditional release or post-release

supervision.

(vii) All persons giving evidence at the revocation hearing shall be

sworn before giving any testimony as provided by law.

(viii) At the conclusion of the hearing the presiding officer may

sustain any or all of the violation charges or may dismiss any or all

violation charges. He or she may sustain a violation charge only if the

charge is supported by clear and convincing evidence. Conduct that

formed the basis of an arrest shall not form a basis of a sustained

parole violation if a court has adjudicated the matter with an

acquittal, adjournment in contemplation of dismissal, or violation.

(ix) If the presiding officer is not satisfied that there is clear and

convincing evidence in support of the violation, he or she shall dismiss

the violation, cancel the delinquency and restore the person to

presumptive release, parole, conditional release or post-release

supervision.

(x) If the presiding officer is satisfied that there is clear and

convincing evidence that the alleged violator violated one or more

conditions of release in an important respect, he or she shall so find.

For each sustained technical violation the presiding officer shall

direct that no earned time credits shall be awarded for the thirty day

period commencing from the date of the sustained violation. For any

absconding violation found, the presiding officer shall direct that no

earned time credits shall be awarded for the entire time period during

which a releasee was found to have absconded from supervision.

(xi) Incarceration shall not be imposed for any technical violation,

except as provided in subparagraph (xii) of this paragraph.

(xii) For each violation found, the presiding officer may (A) direct

that the releasee be restored to supervision; (B) as an alternative to

reincarceration, direct the releasee receive re-entry services in the

community from qualified nonprofit agencies; or (C) direct the

violator's reincarceration and for non-technical violations fix a date

for consideration by the board for re-release on presumptive release, or

parole or conditional release, as the case may be; or (D) for

non-technical violations in the case of persons released to a period of

post-release supervision, direct the violator's reincarceration up to

the balance of the remaining period of post-release supervision, not to

exceed five years; provided, however, that a defendant serving a term of

post-release supervision for a conviction of a felony sex offense

defined in section 70.80 of the penal law may be subject to a further

period of imprisonment up to the balance of the remaining period of

post-release supervision, shall apply for technical violations; and the

following limitations:

(1) Absconding. For absconding up to seven days reincarceration may be

imposed for the first violation, up to fifteen days reincarceration may

be imposed for the second violation, and up to thirty days

reincarceration may be imposed for the third or any subsequent

violation;

(2) Sanctions for certain technical violations. Reincarceration shall

not be imposed for a sustained technical violation that involves: (a)

violating curfew; (b) alcohol use, provided however that incarceration

is permissible for alcohol use if the person is subject to community

supervision due to a conviction for driving under the influence of

alcohol; (c) drug use, provided, however incarceration is permissible

for drug use if the person is subject to community supervision due to a

conviction for driving under the influence of drugs; (d) failing to

notify parole officer of a change in employment or program status; (e)

failing to pay surcharges and fees; (f) obtaining a driver's license or

driving a car with a valid driver's license, provided however

incarceration is permissible if either action is explicitly prohibited

by the person's conviction; (g) failing to notify community supervision

officer of contact with any law enforcement agency, provided however,

incarceration is permissible if the person intended to hide illegal

behavior; (h) failing to obey other special conditions, provided however

that incarceration is permissible if the failure cannot be addressed in

the community and all reasonable community-based means to address the

failure have been exhausted; and

(3) Sanctions for all other technical violations. For all other

technical violations, no period of reincarceration may be imposed for

the first and second substantiated technical violations for which

incarceration may be imposed; up to seven days reincarceration may be

imposed for the third substantiated technical violation for which

incarceration may be imposed; up to fifteen days reincarceration may be

imposed for the fourth substantiated technical violation for which

incarceration may be imposed; up to thirty days reincarceration may be

imposed for the fifth and subsequent substantiated technical violations

for which incarceration may be imposed.

(xiii) If a warrant was executed pursuant to subparagraph (iv) of

paragraph (a) of this subdivision by a criminal court and the court

released the person pending a preliminary or final revocation hearing,

any period of reincarceration imposed pursuant to this paragraph shall

be counted from the date of issuance of a determination after a final

revocation hearing that the person has violated one or more conditions

of community supervision, and the time between execution of the warrant

and release of the person pending a preliminary or final revocation

hearing shall count toward any period of reincarceration imposed

pursuant to this paragraph. If a releasee is committed to the custody of

the sheriff pursuant to article five hundred thirty of the criminal

procedure law, any time the person spent confined in a correctional

facility or local correctional facility shall be credited toward any

period of reincarceration imposed pursuant to this paragraph. In all

cases, the presiding officer shall impose the least restrictive

reasonable sanction. Any periods of reincarceration imposed pursuant to

this section shall run concurrently if more than one violation is

sustained. If a period of reincarceration is imposed pursuant to this

paragraph, the releasee shall be released from custody upon expiration

of the period or the end of the releasee's period of community

supervision, whichever shall be sooner. For the violator serving an

indeterminate sentence who while re-incarcerated has not been found by

the department to have committed a serious disciplinary infraction, such

violator shall be re-released on the date fixed at the revocation

hearing. For the violator serving an indeterminate sentence who has been

found by the department to have committed a serious disciplinary

infraction while re-incarcerated, the department shall refer the

violator to the board for consideration for re-release to community

supervision. Upon such referral the board may waive the personal

interview between a member or members of the board and the violator to

determine the suitability for re-release when the board directs that the

violator be re-released upon expiration of the time assessment. The

board shall retain the authority to suspend the date fixed for

re-release based on the violator's commission of a serious disciplinary

infraction and shall in such case require a personal interview be

conducted within a reasonable time between a panel of members of the

board and the violator to determine suitability for re-release. If an

interview is required, the board shall notify the violator in advance of

the date and time of such interview in accordance with the rules and

regulations of the board.

(xiv) If the presiding officer sustains any violations, such officer

must prepare a written statement, to be made available to the alleged

violator and his or her counsel, indicating the evidence relied upon and

the reasons for revoking presumptive release, parole, conditional

release or post-release supervision, and for the disposition made. The

presiding officer shall also advise the alleged violator in a written

statement that revocation will result in loss of the right to vote while

he or she is serving the remainder of his or her felony sentence in a

correctional facility and that the right to vote will be restored upon

his or her release.

(xv) If at any time during a revocation proceeding the alleged

violator, his or her counsel, or an employee of the department contends,

or if it reasonably appears to the hearing officer, that the alleged

violator is an incapacitated person as that term is defined in

subdivision one of section 730.10 of the criminal procedure law and no

judicial determination has been made that the alleged violator is an

incapacitated person, the revocation proceeding shall be temporarily

stayed until the superior court determines whether or not the person is

fit to proceed. The matter shall be promptly referred to the superior

court for determination of the alleged violator's fitness to proceed in

a manner consistent with the provisions of article seven hundred thirty

of the criminal procedure law, provided however that the superior court

shall immediately appoint counsel for any unrepresented alleged violator

eligible for appointed counsel under subparagraph (v) of this paragraph.

The court shall decide whether or not the alleged violator is

incapacitated within thirty days of the referral from the hearing

officer. If the court determines that the alleged violator is not an

incapacitated person, the court shall order that the matter be returned

to the board of parole for continuation and disposition of the

revocation proceeding. If the court determines that the alleged violator

is an incapacitated person and if no felony charges are pending against

the alleged violator, the court shall issue a final order of observation

committing such person to the custody of the commissioner of mental

health or the commissioner of developmental disabilities for care and

treatment in an appropriate institution in a manner consistent with

subdivision one of section 730.40 of the criminal procedure law. If a

final order of observation has been issued pursuant to this section, the

hearing officer shall dismiss the violation charges and such dismissal

shall act as a bar to any further proceeding under this section against

the alleged violator for such violations. If felony criminal charges are

pending at any time against an alleged violator who has been referred to

superior court for a fitness evaluation but before a determination of

fitness has been made pursuant to this section, the court shall decide

whether or not the alleged violator is incapacitated pursuant to article

seven hundred thirty of the criminal procedure law and the revocation

proceeding shall be held in abeyance until such decision has been

reached. The hearing officer shall adopt the capacity finding of the

court and either terminate the revocation process if an order of

observation has been made by the court or proceed with the revocation

hearing if the alleged violator has been found not to be an

incapacitated person.

(g) Revocation of presumptive release, parole, conditional release or

post-release supervision shall not prevent re-parole or re-release

provided such re-parole or re-release is not inconsistent with any other

provisions of law. When there has been a revocation of the period of

post-release supervision imposed on a felony sex offender who owes three

years or more on such period imposed pursuant to subdivision two-a of

section 70.45 of the penal law, and a time assessment of three years or

more has been imposed, the violator shall be reviewed by the board of

parole and may be restored to post-release supervision only after

serving three years of the time assessment, and only upon a

determination by the board of parole made in accordance with the

procedures set forth in this section. Even if the hearing officer has

imposed a time assessment of a certain number of years of three years or

more, the violator shall not be released at or before the expiration of

that time assessment unless the board authorizes such release, the

period of post-release supervision expires, or release is otherwise

authorized by law. If a time assessment of less than three years was

imposed upon such a defendant, the defendant shall be released upon the

expiration of such time assessment, unless he or she is subject to

further imprisonment or confinement under any other law.

(h) If the alleged violation is not sustained and the alleged violator

is restored to supervision, the interruptions specified in subdivision

three of section 70.40 of the penal law shall not apply, but the time

spent in custody in any state or local correctional institution shall be

credited against the term of the sentence in accordance with the rules

specified in paragraph (c) of such subdivision.

(i) Where there is reasonable cause to believe that a presumptive

releasee, parolee, conditional releasee or person under post-release

supervision has absconded from supervision the board may declare such

person to be delinquent. This paragraph shall not be construed to deny

such person a preliminary revocation hearing upon his retaking, nor to

relieve the department of any obligation it may have to exercise due

diligence to retake the alleged absconder, nor to relieve the parolee or

releasee of any obligation he may have to comply with the conditions of

his release.

4. Appeals. (a) Except for determinations made upon preliminary

hearings upon allegations of violation of presumptive release, parole,

conditional release or post-release supervision, all determinations made

pursuant to this section may be appealed in accordance with rules

promulgated by the board. Any board member who participated in the

decision from which the appeal is taken may not participate in the

resolution of that appeal. The rules of the board may specify a time

within which any appeal shall be taken and resolved.

(b) Upon an appeal to the board, the incarcerated individual may be

represented by an attorney. Where the incarcerated individual is

financially unable to provide for his or her own attorney, upon request

an attorney shall be assigned pursuant to the provisions of subparagraph

(v) of paragraph (f) of subdivision three of this section.

(c) All board of parole administrative appeal findings and

recommendations shall be published within one hundred twenty days of the

determination on a publicly accessible website that includes a

word-searchable database. The department of corrections and community

supervision shall provide electronic or print copies of such findings

and recommendations to all correctional facility law libraries on a

quarterly basis. Copies of such individual findings and recommendations

shall also be made available upon written request to the department of

corrections and community supervision. Information which would reveal

confidential material that may not be released pursuant to federal or

state law shall be redacted from any such website or findings and

recommendations.

4-a. Appeals from non-technical violation findings. (a)

Notwithstanding the provisions of any other law, when in a violation

proceeding brought pursuant to this section, any of the charges

sustained by the hearing officer would constitute a misdemeanor or

felony if such charge were or had been brought in a criminal court, the

releasee may, in lieu of an administrative appeal to the board pursuant

to subdivision four of this section, appeal such determination to the

lowest level of the following courts serving the jurisdiction in which

the hearing was held or in which any such sustained conduct was alleged

to have occurred: city court, district court, county court or supreme

court; provided, however, that if any such misdemeanor or felony charge

was prosecuted in any city, district, county or supreme court, such

appeal shall be filed in that court.

(b) The appeal shall be commenced by the filing of a notice of appeal

in the same manner as an appeal to the appellate division as set forth

in paragraphs (a), (b), (d) and (e) of subdivision one and subdivision

six of section 460.10 of the criminal procedure law. Counsel shall be

assigned to the individual, if unable to afford counsel, by the court

before which the appeal is taken or is to be taken. Such court may stay

such determination pending the appeal, in a manner consistent with the

provisions of section 460.50 of the criminal procedure law or as

otherwise authorized. Within thirty days after receiving such a notice

of appeal, the board shall serve on the individual or counsel and file

with such court a transcript of the proceedings before the hearing

officer prepared pursuant to paragraph (a) of subdivision six of this

section, and copies of the documents, photographs and records considered

by the hearing officer, and provide access to any other evidence

considered by the hearing officer who made such determination.

(c) The appeal shall be perfected in the manner set forth in section

460.70 of the criminal procedure law, other provisions of law generally

applicable to criminal appeals, and authorized rules implementing this

section promulgated by the chief administrator of the courts. The

department shall have responsibility for presenting the department's

position through any submissions to the court on the appeal. The

department shall coordinate with relevant district attorneys to ensure

appropriate information may be provided to the court. The district

attorney of the jurisdiction may appear on any such appeal without the

necessity of a motion or order of the court.

(d) On such appeal, the reviewing city, district, county or supreme

court shall consider de novo the issues raised by the appellant,

including but not limited to the following: (a) whether any sustained

violation charge should have been sustained; (b) whether reduction or

dismissal of the alleged violation charge or charges is warranted, in

accordance with the principles set forth in section 170.40 or section

210.40 of the criminal procedure law or otherwise; and (c) whether any

time assessment and other authorized sanction imposed by the hearing

officer should be vacated, reduced or, notwithstanding any law, rule or

regulation to the contrary, ordered to run concurrently with any other

sentence, time assessment, or period of reincarceration imposed.

5. Actions of the board. Any action by the board or by a hearing

officer pursuant to this article shall be deemed a judicial function and

shall not be reviewable if done in accordance with law.

6. Record of proceedings. (a) (i) The board shall provide for the

making of a verbatim record of each parole release interview, except

where a decision is made to release the incarcerated individual to

parole supervision, and each preliminary and final revocation hearing,

except when the decision of the presiding officer after such hearings

result in a dismissal of all charged violations of parole, conditional

release or post release supervision.

(ii) Notwithstanding the provisions of subparagraph (i) of this

paragraph, the board shall provide for the making of a verbatim record

of each parole release interview in all proceedings where the

incarcerated individual is a detained sex offender as such term is

defined in subdivision (g) of section 10.03 of the mental hygiene law.

Such record shall be provided to the office of mental health for use by

the multidisciplinary staff and the case review panel pursuant to

section 10.05 of the mental hygiene law.

(b) The chairman of the board of parole shall maintain records of all

parole interviews and hearings for a period of twenty-five years from

the date of the parole release interview or until expiration of the

maximum term of sentence.

7. Deaf person before the board. Whenever any deaf person participates

in an interview, parole release hearing, preliminary hearing or

revocation hearing, there shall be appointed a qualified interpreter who

is certified by a recognized national or New York state credentialing

authority to interpret the proceedings to and the statements or

testimony of such deaf person. The department shall determine a

reasonable fee for all such interpreting services, the cost of which

shall be a charge upon the department.

8. Foreign born or non-English speaking person before the board. Upon

notification from the department pursuant to section two hundred

fifty-nine-e of this article, or upon the request of any foreign born or

non-English speaking person who is scheduled to participate in an

interview, parole release hearing, preliminary hearing or revocation

hearing, there shall be appointed from the New York state office of

general services statewide administrative services contract, a qualified

interpreter to interpret the proceedings to and the statements or

testimony of such person. The board shall determine a reasonable fee for

all such interpreting services, the cost of which shall be a charge upon

the board of parole. No such request or appointment shall cause a delay

of release from incarceration of such person.

9. The board shall promulgate rules and regulations to facilitate the

presence of nonprofit service providers able to offer relevant

community-based services to releasees at all preliminary and final

revocation hearings for the purpose of helping people subject to

community supervision successfully complete such supervision and avoid

future such supervision, and to help ensure presiding officers impose

the least restrictive reasonable sanction for any violation of community

supervision.

§ 259-j — Discharge of sentence

Discharge of sentence. 1. Except where a determinate sentence

was imposed for a felony other than a felony defined in article two

hundred twenty or article two hundred twenty-one of the penal law, if

the board of parole is satisfied that an absolute discharge from

presumptive release, parole, conditional release or release to a period

of post-release supervision is in the best interests of society, the

board may grant such a discharge prior to the expiration of the full

term or maximum term to any person who has been on unrevoked community

supervision for at least three consecutive years. A discharge granted

under this section shall constitute a termination of the sentence with

respect to which it was granted. No such discharge shall be granted

unless the board is satisfied that the parolee or releasee, otherwise

financially able to comply with an order of restitution and the payment

of any mandatory surcharge, sex offender registration fee or DNA

databank fee previously imposed by a court of competent jurisdiction,

has made a good faith effort to comply therewith.

2. The chairman of the board of parole shall promulgate rules and

regulations governing the issuance of discharges from community

supervision pursuant to this section to assure that such discharges are

consistent with public safety.

3. Notwithstanding any other provision of this section to the

contrary, where a term of post-release supervision in excess of five

years has been imposed on a person convicted of a crime defined in

article one hundred thirty of the penal law, including a sexually

motivated felony, the board of parole may grant a discharge from

post-release supervision prior to the expiration of the maximum term of

post-release supervision. Such a discharge may be granted only after

the person has served at least five years of post-release supervision,

and only to a person who has been on unrevoked post-release supervision

for at least three consecutive years. No such discharge shall be granted

unless the board of parole or the department acting pursuant to its

responsibility under subdivision one of section two hundred one of the

correction law consults with any licensed psychologist, qualified

psychiatrist, or other mental health professional who is providing care

or treatment to the supervisee; and the board: (a) determines that a

discharge from post-release supervision is in the best interests of

society; and (b) is satisfied that the supervisee, otherwise financially

able to comply with an order of restitution and the payment of any

mandatory surcharge, sex offender registration fee, or DNA data bank fee

previously imposed by a court of competent jurisdiction, has made a good

faith effort to comply therewith. Before making a determination to

discharge a person from a period of post-release supervision, the board

of parole may request that the commissioner of the office of mental

health arrange a psychiatric evaluation of the supervisee. A discharge

granted under this section shall constitute a termination of the

sentence with respect to which it was granted.

4. Notwithstanding any other provision of law, a person granted

discharge pursuant to subdivision one of this section shall be provided

a certificate of relief from disabilities pursuant to section seven

hundred three of the correction law or a certificate of good conduct

pursuant to section seven hundred three-b of the correction law, as

applicable.

§ 259-k — Access to records and institutions

Access to records and institutions. 1. All case files shall

be maintained by the department for use by the department and board. The

department and board and authorized officers and employees thereof shall

have complete access to such files and the board of parole shall have

the right to make such entries as the board of parole shall deem

appropriate in accordance with law.

2. The board shall make rules for the purpose of maintaining the

confidentiality of records, information contained therein and

information obtained in an official capacity by officers, employees or

members of the board of parole.

3. Members of the board and officers and employees of the department

providing community supervision services and designated by the

commissioner shall have free access to all incarcerated individuals

confined in institutions under the jurisdiction of the department, the

office of children and family services and the department of mental

hygiene in order to enable them to perform their functions, provided,

however, that the department of mental hygiene may temporarily restrict

such access where it determines, for significant clinical reasons, that

such access would interfere with its care and treatment of the mentally

ill incarcerated individual. If under the provisions of this subdivision

an incarcerated individual is not accessible for release consideration

by the board, that incarcerated individual shall be scheduled to see the

board in the month immediately subsequent to the month within which he

or she was not available.

4. Upon a determination by the department and board of parole that

records regarding an individual presently under the supervision of the

department are relevant to an investigation of child abuse or

maltreatment conducted by a child protective service pursuant to title

six of article six of the social services law, the department and board

shall provide the records determined to be relevant to the child

protective service conducting the investigation. The department and

board shall promulgate rules for the transmission of records required to

be provided under this section.

§ 259-l — Cooperation

Cooperation. 1. It shall be the duty of the commissioner of

corrections and community supervision to ensure that all officers and

employees of the department shall at all times cooperate with the board

of parole and shall furnish to such members of the board and employees

of the board such information as may be appropriate to enable them to

perform their independent decision making functions. It is also his or

her duty to ensure that the functions of the board of parole are not

hampered in any way, including but not limited to: a restriction of

resources including staff assistance; limited access to vital

information; and presentation of an incarcerated individual's

information in a manner that may inappropriately influence the board in

its decision making. Where an incarcerated individual has appeared

before the board prior to having completed any program assigned by the

department, and such program remains incomplete by no fault of the

incarcerated individual, and where the board has denied such

incarcerated individual release pursuant to paragraph (a) of subdivision

two of section two hundred fifty-nine-i of this article, the department

shall prioritize such an incarcerated individual's placement into the

assigned program.

2. The official in charge of each institution wherein any person is

confined under a definite sentence of imprisonment, all officers and

employees thereof and all other public officials shall at all times

cooperate with the board of parole, and shall furnish to such board, its

officers and employees such information as may be required by the board

to perform its functions hereunder. The members of the board, its

officers and employees shall at all times be given free access to all

persons confined in any such institution under such sentence and shall

be furnished with appropriate working space in such institution for such

purpose without charge therefor.

3. It shall be the duty of the clerk of the court, the commissioner of

mental hygiene and all probation officers and other appropriate

officials to send such information as may be in their possession or

under their control to the chairman of the board upon request in order

to facilitate the work of the board.

§ 259-m — Compacts with other states for out-of-state parolee supervision

Compacts with other states for out-of-state parolee

supervision. 1. The governor is hereby authorized and directed to enter

into a compact on behalf of the state of New York with any state of the

United States legally joining therein in the form substantially as

follows:

A COMPACT

Entered into by and among the contracting states, signatories hereto,

with the consent of the Congress of the United States of America,

granted by an act entitled "An act granting the consent of Congress to

any two or more states to enter into agreements or compacts for

cooperative effort and mutual assistance in the prevention of crime and

for other purposes."

The contracting states solemnly agree:

(1) That it shall be competent for the duly constituted judicial and

administrative authorities of a state party to this compact (herein

called "sending state") to permit any person convicted of an offense

within such state and placed on probation or released on parole to

reside in any other state party to this compact (herein called

"receiving state") while on probation or parole, if

(a) Such person is in fact a resident of or has his family residing

within the receiving state and can obtain employment there;

(b) Though not a resident of the receiving state and not having his

family residing there, the receiving state consents to such person being

sent there.

Before granting such permission, opportunity shall be granted to the

receiving state to investigate the home and prospective employment of

such person.

A resident of the receiving state, within the meaning of this section,

is one who has been an actual inhabitant of such state continuously for

more than one year prior to his coming to the sending state and has not

resided within the sending state more than six continuous months

immediately preceding the commission of the offense for which he has

been convicted.

(2) That each receiving state will assume the duties of visitation of

and supervision over probationers or parolees of any sending state and

in the exercise of those duties will be governed by the same standards

that prevail for its own probationers and parolees.

(3) That duly accredited officers of a sending state may at all times

enter a receiving state and there apprehend and retake any person on

probation or parole. For that purpose no formalities will be required

other than establishing the authority of the officer and the identity of

the person to be retaken. All legal requirements to obtain extradition

of fugitives from justice are hereby expressly waived on the part of

states party hereto, as to such persons. The decision of the sending

state to retake a person on probation or parole shall be conclusive upon

and not reviewable within the receiving state; provided, however, that

if at the time when a state seeks to retake a probationer or parolee

there should be pending against him within the receiving state any

criminal charge, or he should be suspected of having committed within

such state a criminal offense, he shall not be retaken without the

consent of the receiving state until discharged from prosecution or from

imprisonment for such offense.

(4) That the duly accredited officers of the sending state will be

permitted to transport prisoners being retaken through any and all

states parties to this compact, without interference.

(5) That the governor of each state may designate an officer who,

acting jointly with like officers of other contracting states, if and

when appointed, shall promulgate such rules and regulations as may be

deemed necessary to more effectively carry out the terms of this

compact.

(6) That this compact shall become operative immediately upon its

ratification by any state as between it and any other state or states so

ratifying. When ratified it shall have the full force and effect of law

within such state, the form of ratification to be in accordance with the

laws of the ratifying state.

(7) That this compact shall continue in force and remain binding upon

each ratifying state until renounced by it. The duties and obligations

hereunder of a renouncing state shall continue as to parolees or

probationers residing therein at the time of withdrawal until retaken or

finally discharged by the sending state. Renunciation of this compact

shall be by the same authority which ratified it, by sending six months'

notice in writing of its intention to withdraw from the compact to the

other states party hereto.

2. The chairman of the board of parole shall have power and shall be

charged with the duty of promulgating such rules and regulations as may

be deemed necessary to carry out the terms of a compact entered into by

the state pursuant to this section.

3. If any section, sentence, subdivision or clause of this section is

for any reason held invalid or to be unconstitutional, such decision

shall not affect the validity of the remaining portions of this section.

4. This section may be cited as the uniform act for out-of-state

parolee supervision.

§ 259-mm — Interstate compact for adult offender supervision

* § 259-mm. Interstate compact for adult offender supervision. The

interstate compact for adult offender supervision as set forth in this

section is hereby adopted, enacted into law and entered into with all

other jurisdictions joining therein. The compact shall be as follows:

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

ARTICLE I. Purpose.

ARTICLE II. Definitions.

ARTICLE III. The compact commission.

ARTICLE IV. The state council.

ARTICLE V. Powers and duties of the interstate commission.

ARTICLE VI. Organization and operation of the interstate commission.

ARTICLE VII. Activities of the interstate commission.

ARTICLE VIII. Rulemaking functions of the interstate commission.

ARTICLE IX. Oversight, enforcement and dispute resolution by the

interstate commission.

ARTICLE X. Finance.

ARTICLE XI. Compacting states, effective date and amendment.

ARTICLE XII. Withdrawal, default, termination and judicial enforcement.

ARTICLE XIII. Severability and construction.

ARTICLE XIV. Binding effect of compact and other laws.

ARTICLE I

PURPOSE

The compacting states to this interstate compact recognize that each

state is responsible for the supervision of adult offenders in the

community who are authorized pursuant to the bylaws and rules of this

compact to travel across state lines both to and from each compacting

state in such a manner as to track the location of offenders, transfer

supervision authority in an orderly and efficient manner, and when

necessary return offenders to the originating jurisdictions. The

compacting states also recognize that Congress, by enacting the Crime

Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged

compacts for cooperative efforts and mutual assistance in the prevention

of crime. It is the purpose of this compact and the interstate

commission created pursuant to this compact, through means of joint and

cooperative action among the compacting states: to provide the framework

for the promotion of public safety and protect the rights of victims

through the control and regulation of the interstate movement of

offenders in the community; to provide for the effective tracking,

supervision and rehabilitation of these offenders by the sending and

receiving states; and to equitably distribute the costs, benefits and

obligations of the compact among the compacting states. In addition,

this compact will: create an interstate commission which will establish

uniform procedures to manage the movement between states of adults

placed under community supervision and released to the community under

the jurisdiction of courts, paroling authorities, corrections or other

criminal justice agencies which will promulgate rules to achieve the

purpose of this compact; ensure an opportunity for input and timely

notice to victims and to jurisdictions where defined offenders are

authorized to travel or to relocate across state lines; establish a

system of uniform data collection, access to information on active cases

by authorized criminal justice officials, and regular reporting of

compact activities to heads of state councils, state executive, judicial

and legislative branches, and criminal justice administrators; monitor

compliance with rules governing interstate movement of offenders and

initiate interventions to address and correct non-compliance; and

coordinate training and education regarding regulations of interstate

movement of offenders for officials involved in such activity. The

compacting states recognize that there is no "right" of any offender to

live in another state and that duly accredited officers of a sending

state may at all times enter a receiving state and there apprehend and

retake any offender under supervision subject to the provisions of this

compact and bylaws and rules promulgated thereto. It is the policy of

the compacting states that the activities conducted by the interstate

commission created by this compact are the formation of public policies

and are therefore public business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

(a) "Adult" means both individuals legally classified as adults and

juveniles treated as adults by court order, statute or operation of law.

(b) "By-laws" means those by-laws established by the interstate

commission for its governance, or for directing or controlling the

interstate commission's actions or conduct.

(c) "Compact administrator" means the individual in each compacting

state appointed pursuant to the terms of this compact responsible for

the administration and management of the state's supervision and

transfer of offenders subject to the terms of this compact, the rules

adopted by the interstate commission and policies adopted by the state

council under this compact.

(d) "Compacting state" means any state which has enacted the enabling

legislation for this compact.

(e) "Commissioner" means the voting representative of each compacting

state appointed pursuant to article III of this compact.

(f) "Interstate commission" means the interstate commission for adult

offender supervision established by this compact.

(g) "Member" means the commissioner of a compacting state or designee,

who shall be a person officially connected with the commissioner.

(h) "Non-compacting state" means any state which has not enacted the

enabling legislation for this compact.

(i) "Offender" means an adult placed under, or subject to, supervision

as the result of the commission of a criminal offense and released to

the community under the jurisdiction of courts, paroling authorities,

corrections or other criminal justice agencies.

(j) "Person" means any individual, corporation, business enterprise or

other legal entity, either public or private.

(k) "Rules" means acts of the interstate commission, duly promulgated

pursuant to article VIII of this compact, substantially affecting

interested parties in addition to the interstate commission, which shall

have the force and effect of law in the compacting states.

(l) "State" means a state of the United States, the District of

Columbia and any other territorial possessions of the United States.

(m) "State council" means the resident members of the state council

for interstate adult offender supervision created by each state under

article IV of this compact.

ARTICLE III

THE COMPACT COMMISSION

The compacting states hereby create the "interstate commission for

adult offender supervision". The interstate commission shall be a body

corporate and joint agency of the compacting states. The interstate

commission shall have all the responsibilities, powers and duties set

forth in this compact, including the power to sue and be sued, and such

additional powers as may be conferred upon it by subsequent action of

the respective legislatures of the compacting states in accordance with

the terms of this compact.

The interstate commission shall consist of commissioners selected and

appointed by resident members of a state council for interstate adult

offender supervision for each state. In addition to the commissioners

who are the voting representatives of each state, the interstate

commission shall include individuals who are not commissioners but who

are members of interested organizations; such non-commissioner members

must include a member of the national organizations of governors,

legislators, state chief justices, attorneys general and crime victims.

All non-commissioner members of the interstate commission shall be

ex-officio (nonvoting) members. The interstate commission may provide in

its by-laws for such additional, ex-officio, non-voting members as it

deems necessary.

Each compacting state represented at any meeting of the interstate

commission is entitled to one vote. A majority of the compacting states

shall constitute a quorum for the transaction of business, unless a

larger quorum is required by the by-laws of the interstate commission.

The interstate commission shall meet at least once each calendar year.

The chairperson may call additional meetings and, upon the request of

twenty-seven or more compacting states, shall call additional meetings.

Public notice shall be given of all meetings and meetings shall be open

to the public.

The interstate commission shall establish an executive committee which

shall include commission officers, members and others as shall be

determined by the by-laws. The executive committee shall have the power

to act on behalf of the interstate commission during periods when the

interstate commission is not in session, with the exception of

rulemaking and/or amendment to the compact. The executive committee

oversees the day-to-day activities managed by the executive director and

interstate commission staff; administers enforcement and compliance with

the provisions of the compact, its by-laws and as directed by the

interstate commission and performs other duties as directed by the

commission or set forth in the by-laws.

ARTICLE IV

THE STATE COUNCIL

Each member state shall create a state council for interstate adult

offender supervision which shall be responsible for the appointment of

the commissioner who shall serve on the interstate commission from that

state. Each state council shall appoint as its commissioner the compact

administrator from that state to serve on the interstate commission in

such capacity under or pursuant to applicable law of the member state.

While each member state may determine the membership of its own state

council, its membership must include at least one representative from

the legislative, judicial and executive branches of government, victims

groups and compact administrators. Each compacting state retains the

right to determine the qualifications of the compact administrator who

shall be appointed by the state council or by the governor in

consultation with the legislature and the judiciary. In addition to

appointment of its commissioner to the national interstate commission,

each state council shall exercise oversight and advocacy concerning its

participation in interstate commission activities and other duties as

may be determined by each member state including but not limited to,

development of policy concerning operations and procedures of the

compact within that state. The compact administrator shall be appointed

by the governor in consultation with the temporary president of the

senate, the speaker of the assembly and the chief judge of the court of

appeals. The state council shall appoint the compact administrator to

serve on the interstate commission pursuant to this section.

ARTICLE V

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

(a) to adopt a seal and suitable by-laws governing the management and

operation of the interstate commission;

(b) to promulgate rules which shall have the force and effect of

statutory law and shall be binding in the compacting states to the

extent and in the manner provided in this compact;

(c) to oversee, supervise and coordinate the interstate movement of

offenders subject to the terms of this compact and any by-laws adopted

and rules promulgated by the compact commission;

(d) to enforce compliance with compact provisions, interstate

commission rules, and by-laws using all necessary and proper means,

including but not limited to, the use of judicial order;

(e) to establish and maintain offices;

(f) to purchase and maintain insurance and bonds;

(g) to borrow, accept or contract for services of personnel,

including, but not limited to, members and their staffs;

(h) to establish and appoint committees and hire staff which it deems

necessary for the carrying out of its functions including, but not

limited to, an executive committee as required by article III of this

compact which shall have the power to act on behalf of the interstate

commission in carrying out its powers and duties pursuant to this

compact;

(i) to elect or appoint such officers, attorneys, employees, agents or

consultants, and to fix their compensation, define their duties and

determine their qualifications; and to establish the interstate

commission's personnel policies and programs relating to, among other

things, conflicts of interest, rates of compensation and qualifications

of personnel;

(j) to accept any and all donations and grants of money, equipment,

supplies, materials and services, and to receive, utilize and dispose of

same;

(k) to lease, purchase, accept contributions or donations of, or

otherwise to own, hold, improve or use any property, real, personal or

mixed;

(l) to sell, convey, mortgage, pledge, lease, exchange, abandon or

otherwise dispose of any property, real, personal or mixed;

(m) to establish a budget and make expenditures and levy dues as

provided in article X of this compact;

(n) to sue and be sued;

(o) to provide for dispute resolution among compacting states;

(p) to perform such functions as may be necessary or appropriate to

achieve the purposes of this compact;

(q) to report annually to the legislatures, governors, judiciary and

state councils of the compacting states concerning the activities of the

interstate commission during the preceding year. Such reports shall also

include any recommendations that may have been adopted by the interstate

commission;

(r) to coordinate education, training and public awareness regarding

the interstate movement of offenders for officials involved in such

activity; and

(s) to establish uniform standards for the reporting, collecting and

exchanging of data.

ARTICLE VI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

(a) By-laws. The interstate commission shall, by a majority of the

members, within twelve months of the first interstate commission

meeting, adopt by-laws to govern its conduct as may be necessary or

appropriate to carry out the purposes of the compact, including, but not

limited to:

1. establishing the fiscal year of the interstate commission;

2. establishing an executive committee and such other committees as

may be necessary;

3. providing reasonable standards and procedures:

a. for the establishment of committees, and

b. governing any general or specific delegation of any authority or

function of the interstate commission;

4. providing reasonable procedures for calling and conducting meetings

of the interstate commission, and ensuring reasonable notice of each

such meeting;

5. establishing the titles and responsibilities of the officers of the

interstate commission;

6. providing reasonable standards and procedures for the establishment

of the personnel policies and programs of the interstate commission.

Notwithstanding any civil service or other similar laws of any

compacting state, the by-laws shall exclusively govern the personnel

policies and programs of the interstate commission;

7. providing a mechanism for winding up the operations of the

interstate commission and the equitable return of any surplus funds that

may exist upon the termination of the compact after the payment and/or

reserving of all of its debts and obligations;

8. providing transition rules for "start up" administration of the

compact; and

9. establishing standards and procedures for compliance and technical

assistance in carrying out the compact.

(b) Officers and staff. The interstate commission shall, by a majority

of the members, elect from among its members a chairperson and a vice

chairperson, each of whom shall have such authorities and duties as may

be specified in the by-laws. The chairperson or, in his or her absence

or disability, the vice chairperson, shall preside at all meetings of

the interstate commission. The officers so elected shall serve without

compensation or remuneration from the interstate commission; provided

that, subject to the availability of budgeted funds, the officers shall

be reimbursed for any actual and necessary costs and expenses incurred

by them in the performance of their duties and responsibilities as

officers of the interstate commission.

The interstate commission shall, through its executive committee,

appoint or retain an executive director for such period, upon such terms

and conditions and for such compensation as the interstate commission

may deem appropriate. The executive director shall serve as secretary to

the interstate commission, and hire and supervise such other staff as

may be authorized by the interstate commission, but shall not be a

member.

(c) Corporate records of the interstate commission. The interstate

commission shall maintain its corporate books and records in accordance

with the by-laws.

(d) Qualified immunity, defense and indemnification. The members,

officers, executive director and employees of the interstate commission

shall be immune from suit and liability, either personally or in their

official capacity, for any claim for damage to or loss of property or

personal injury or other civil liability cause or arising out of any

actual or alleged act, error or omission that occurred within the scope

of interstate commission employment, duties or responsibilities;

provided, that nothing in this subdivision shall be construed to protect

any such person from suit and/or liability for any damage, loss, injury

or liability caused by the intentional or willful and wanton misconduct

of any such person. The interstate commission shall defend the

commissioner of a compacting state, or his or her representatives or

employees, or the interstate commission's representatives or employees,

in any civil action seeking to impose liability, arising out of any

actual or alleged act, error or omission that occurred within the scope

of interstate commission employment, duties or responsibilities, or that

the defendant had a reasonable basis for believing occurred within the

scope of interstate commission employment, duties or responsibilities;

provided, that the actual or alleged act, error or omission did not

result from intentional wrongdoing on the part of such person.

The interstate commission shall indemnify and hold the commissioner of

a compacting state, the appointed designee or employees, or the

interstate commission's representatives or employees, harmless in the

amount of any settlement or judgment obtained against such persons

arising out of any actual or alleged act, error or omission that

occurred within the scope of interstate commission employment, duties or

responsibilities, or that such persons had a reasonable basis for

believing occurred within the scope of interstate commission employment,

duties or responsibilities, provided, that the actual or alleged act,

error or omission did not result from gross negligence or intentional

wrongdoing on the part of such person.

ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION

The interstate commission shall meet and take such actions as are

consistent with the provisions of this compact.

Except as otherwise provided in this compact and unless a greater

percentage is required by the by-laws, in order to constitute an act of

the interstate commission, such act shall have been taken at a meeting

of the interstate commission and shall have received an affirmative vote

of a majority of the members present.

Each member of the interstate commission shall have the right and

power to cast a vote to which that compacting state is entitled and to

participate in the business and affairs of the interstate commission. A

member shall vote in person on behalf of the state and shall not

delegate a vote to another member state. However, a state council shall

appoint another authorized representative, in the absence of the

commissioner from that state, to cast a vote on behalf of the member

state at a specified meeting. The by-laws may provide for members'

participation in meetings by telephone or other means of

telecommunication or electronic communication. Any voting conducted by

telephone, or other means of telecommunication or electronic

communication shall be subject to the same quorum requirements of

meetings where members are present in person.

The interstate commission shall meet at least once during each

calendar year. The chairperson of the interstate commission may call

additional meetings at any time and, upon the request of a majority of

the members, shall call additional meetings.

The interstate commission's by-laws shall establish conditions and

procedures under which the interstate commission shall make its

information and official records available to the public for inspection

or copying. The interstate commission may exempt from disclosure any

information or official records to the extent they would adversely

affect personal privacy rights or proprietary interests. In promulgating

such rules, the interstate commission may make available to law

enforcement agencies records and information otherwise exempt from

disclosure, and may enter into agreements with law enforcement agencies

to receive or exchange information or records subject to nondisclosure

and confidentiality provisions.

Public notice shall be given of all meetings and all meetings shall be

open to the public, except as set forth in the rules or as otherwise

provided in the compact. The interstate commission shall promulgate

rules consistent with the principles contained in the "Government in

Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The

interstate commission and any of its committees may close a meeting to

the public where it determines by a two-thirds vote that an open meeting

would be likely to:

(a) relate solely to the interstate commission's internal personnel

practices and procedures;

(b) disclose matters specifically exempted from disclosure by statute;

(c) disclose trade secrets or commercial or financial information

which is privileged or confidential;

(d) involve accusing any person of a crime, or formally censuring any

person;

(e) disclose information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

(f) disclose investigatory records compiled for law enforcement

purposes;

(g) disclose information contained in or related to examination,

operating or condition reports prepared by, or on behalf of or for the

use of, the interstate commission with respect to a regulated entity for

the purpose of regulation or supervision of such entity;

(h) disclose information, the premature disclosure of which would

significantly endanger the life of a person or the stability of a

regulated entity; or

(i) specifically relate to the interstate commission's issuance of a

subpoena, or its participation in a civil action or proceeding.

For every meeting closed pursuant to this article, the interstate

commission's chief legal officer shall publicly certify that, in his or

her opinion, the meeting may be closed to the public, and shall

reference each relevant exemptive provision. The interstate commission

shall keep minutes which shall fully and clearly describe all matters

discussed in any meeting and shall provide a full and accurate summary

of any actions taken, and the reasons therefor, including a description

of each of the views expressed on any item and the record of any

rollcall vote (reflected in the vote of each member on the question).

All documents considered in connection with any action shall be

identified in such minutes.

The interstate commission shall collect standardized data concerning

the interstate movement of offenders as directed through its by-laws and

rules which shall specify the data to be collected, the means of

collection and data exchange and reporting requirements.

ARTICLE VIII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

The interstate commission shall promulgate rules in order to

effectively and efficiently achieve the purposes of the compact

including transition rules governing administration of the compact

during the period in which it is being considered and enacted by the

states.

Rulemaking shall occur pursuant to the criteria set forth in this

article and the by-laws and rules adopted pursuant thereto. Such

rulemaking shall substantially conform to the principles of the federal

Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the

Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as

may be amended (hereinafter referred to as "APA"). All rules and

amendments shall become binding as of the date specified in each rule or

amendment.

If a majority of the legislatures of the compacting states rejects a

rule, by enactment of a statute or resolution in the same manner used to

adopt the compact, then such rule shall have no further force and effect

in any compacting state.

When promulgating a rule, the interstate commission shall:

(a) publish the proposed rule stating with particularity the text of

the rule which is proposed and the reason for the proposed rule;

(b) allow persons to submit written data, facts, opinions and

arguments, which information shall be publicly available;

(c) provide an opportunity for an informal hearing; and

(d) promulgate a final rule and its effective date, if appropriate,

based on the rulemaking record.

Not later than sixty days after a rule is promulgated, any interested

person may file a petition in the United States District Court for the

District of Columbia or in the Federal District Court where the

interstate commission principal office is located for judicial review of

such rule. If the court finds that the interstate commission's action is

not supported by substantial evidence, (as defined in the APA), in the

rulemaking record, the court shall hold the rule unlawful and set it

aside. Subjects to be addressed within twelve months after the first

meeting must at a minimum include:

1. notice to victims and opportunity to be heard;

2. offender registration and compliance;

3. violations/returns;

4. transfer procedures and forms;

5. eligibility for transfer;

6. collection of restitution and fees from offenders;

7. data collection and reporting;

8. the level of supervision to be provided by the receiving state;

9. transition rules governing the operation of the compact and the

interstate commission during all or part of the period between the

effective date of the compact and the date on which the last eligible

state adopts the compact; and

10. mediation, arbitration and dispute resolution.

The existing rules governing the operation of the previous compact

superceded by this compact shall be null and void twelve months after

the first meeting of the interstate commission created pursuant to this

compact.

Upon determination by the interstate commission that an emergency

exists, it may promulgate an emergency rule which shall become effective

immediately upon adoption, provided that the usual rulemaking procedures

provided hereunder shall be retroactively applied to said rule as soon

as reasonably possible, in no event later than ninety days after the

effective date of the rule.

ARTICLE IX

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE

INTERSTATE COMMISSION

(a) Oversight. The interstate commission shall oversee the interstate

movement of adult offenders in the compacting states and shall monitor

such activities being administered in non-compacting states which may

significantly affect compacting states.

The courts and executive agencies in each compacting state shall

enforce this compact and shall take all actions necessary and

appropriate to effectuate the compact's purposes and intent. In any

judicial or administrative proceeding in a compacting state pertaining

to the subject matter of this compact which may affect the powers,

responsibilities or actions of the interstate commission, the interstate

commission shall be entitled to receive all service of process in any

such proceeding, and shall have standing to intervene in the proceeding

for all purposes.

(b) Dispute resolution. The compacting states shall report to the

interstate commission on issues or activities of concern to them, and

cooperate with and support the interstate commission in the discharge of

its duties and responsibilities.

The interstate commission shall attempt to resolve any disputes or

other issues which are subject to the compact and which may arise among

compacting states and non-compacting states.

The interstate commission shall enact a by-law or promulgate a rule

providing for both mediation and binding dispute resolution for disputes

among the compacting states.

(c) Enforcement. The interstate commission, in the reasonable exercise

of its discretion, shall enforce the provisions of this compact using

any or all means set forth in article XII, subdivision (b), of this

compact.

ARTICLE X

FINANCE

The interstate commission shall pay or provide for the payment of the

reasonable expenses of its establishment, organization and ongoing

activities.

The interstate commission shall levy on and collect an annual

assessment from each compacting state to cover the cost of the internal

operations and activities of the interstate commission and its staff

which must be in a total amount sufficient to cover the interstate

commission's annual budget as approved each year. The aggregate annual

assessment amount shall be allocated based upon a formula to be

determined by the interstate commission, taking into consideration the

population of the state and the volume of interstate movement of

offenders in each compacting state and shall promulgate a rule binding

upon compacting states which governs said assessment.

The interstate commission shall not incur any obligations of any kind

prior to securing the funds adequate to meet the same; nor shall the

interstate commission pledge the credit of any of the compacting states,

except by and with the authority of the compacting state.

The interstate commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the interstate

commission shall be subject to the audit and accounting procedures

established under its by-laws. However, all receipts and disbursements

of funds handled by the interstate commission shall be audited yearly by

a certified or licensed public accountant and the report of the audit

shall be included in and become part of the annual report of the

interstate commission.

ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

Any state, as defined in article II of this compact, is eligible to

become a compacting state. The compact shall become effective and

binding upon legislative enactment of the compact into law by no less

than thirty-five of the states. The initial effective date shall be the

later of July first, two thousand three, or upon enactment into law by

the thirty-fifth jurisdiction. Thereafter it shall become effective and

binding, as to any other compacting state and in the state of New York,

upon enactment of the compact into law by that state. The governors of

non-member states or their designees will be invited to participate in

interstate commission activities on a non-voting basis prior to adoption

of the compact by all states and territories of the United States.

Amendments to the compact may be proposed by the interstate commission

for enactment by the compacting states. No amendment shall become

effective and binding upon the interstate commission and the compacting

states unless and until it is enacted into law by unanimous consent of

the compacting states.

ARTICLE XII

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

(a) Withdrawal. Once effective, the compact shall continue in force

and remain binding upon each and every compacting state; provided, that

a compacting state may withdraw from the compact ("withdrawing state")

by enacting a statute specifically repealing the statute which enacted

the compact into law.

The effective date of withdrawal is the effective date of the repeal.

The withdrawing state shall immediately notify the chairperson of the

interstate commission in writing upon the introduction of legislation

repealing this compact in the withdrawing state. The interstate

commission shall notify the other compacting states of the withdrawing

state's intent to withdraw within sixty days of its receipt thereof.

The withdrawing state is responsible for all assessments, obligations

and liabilities incurred through the effective date of withdrawal,

including any obligations, the performance of which extend beyond the

effective date of withdrawal. Reinstatement following withdrawal of any

compacting state shall occur upon the withdrawing state reenacting the

compact or upon such later date as determined by the interstate

commission.

(b) Default. If the interstate commission determines that any

compacting state has at any time defaulted ("defaulting state") in the

performance of any of its obligations or responsibilities under this

compact, the by-laws or any duly promulgated rules the interstate

commission may impose any or all of the following penalties:

1. Fines, fees and costs in such amounts as are deemed to be

reasonable as fixed by the interstate commission;

2. Remedial training and technical assistance as directed by the

interstate commission;

3. Suspension and termination of membership in the compact. Suspension

shall be imposed only after all other reasonable means of securing

compliance under the by-laws and rules have been exhausted. Immediate

notice of suspension shall be given by the interstate commission to the

governor, the chief justice or chief judicial officer of the state, the

majority and minority leaders of the defaulting state's legislature, and

the state council.

The grounds for default include, but are not limited to, failure of a

compacting state to perform such obligations or responsibilities imposed

upon it by this compact, interstate commission by-laws, or duly

promulgated rules. The interstate commission shall immediately notify

the defaulting state in writing of the penalty imposed by the interstate

commission on the defaulting state pending a cure of the default. The

interstate commission shall stipulate the conditions and the time period

within which the defaulting state must cure its default. If the

defaulting state fails to cure the default within the time period

specified by the interstate commission, in addition to any other

penalties imposed herein, the defaulting state may be terminated from

the compact upon an affirmative vote of a majority of the compacting

states and all rights, privileges and benefits conferred by this compact

shall be terminated from the effective date of suspension. Within sixty

days of the effective date of termination of a defaulting state, the

interstate commission shall notify the governor, the chief justice or

chief judicial officer, the majority and minority leaders of the

defaulting state's legislature, and the state council of such

termination.

The defaulting state is responsible for all assessments, obligations

and liabilities incurred through the effective date of termination

including any obligations, the performance of which extends beyond the

effective date of termination.

The interstate commission shall not bear any costs relating to the

defaulting state unless otherwise mutually agreed upon between the

interstate commission and the defaulting state.

Reinstatement following termination of any compacting state requires

both a reenactment of the compact by the defaulting state and the

approval of the interstate commission pursuant to the rules.

(c) Judicial enforcement. The interstate commission may, by majority

vote of the members, initiate legal action in the United States District

Court for the District of Columbia or, at the discretion of the

interstate commission, in the federal district where the interstate

commission has its offices to enforce compliance with the provisions of

the compact, its duly promulgated rules and by-laws, against any

compacting state in default. In the event judicial enforcement is

necessary the prevailing party shall be awarded all costs of such

litigation including reasonable attorneys' fees.

(d) Dissolution of compact. The compact dissolves effective upon the

date of the withdrawal or default of the compacting state which reduces

membership in the compact to one compacting state.

Upon the dissolution of this compact, the compact becomes null and

void and shall be of no further force or effect, and the business and

affairs of the interstate commission shall be wound up and any surplus

funds shall be distributed in accordance with the by-laws.

ARTICLE XIII

SEVERABILITY AND CONSTRUCTION

The provisions of this compact shall be severable, and if any phrase,

clause, sentence or provision is deemed unenforceable, the remaining

provisions of the compact shall be enforceable.

The provisions of this compact shall be liberally constructed to

effectuate its purposes.

ARTICLE XIV

BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Other laws. Nothing in this compact prevents the enforcement of

any other law of a compacting state that is not inconsistent with this

compact.

All compacting states' laws conflicting with this compact are

superseded to the extent of the conflict.

(b) Binding effect of the compact. All lawful actions of the

interstate commission, including all rules and by-laws promulgated by

the interstate commission, are binding upon the compacting states.

All agreements between the interstate commission and the compacting

states are binding in accordance with their terms.

Upon the request of a party to a conflict over meaning or

interpretation of interstate commission actions, and upon a majority

vote of the compacting states, the interstate commission may issue

advisory opinions regarding such meaning or interpretation.

In the event any provision of this compact exceeds the constitutional

limits imposed on the legislature of any compacting state, the

obligations, duties, powers or jurisdiction sought to be conferred by

such provision upon the interstate commission shall be ineffective and

such obligations, duties, powers or jurisdiction shall remain in the

compacting state and shall be exercised by the agency thereof to which

such obligations, duties, powers or jurisdiction are delegated by law in

effect at the time this compact becomes effective.

* NB Repealed September 1, 2027

§ 259-o — Interstate hearings for parole violations

Interstate hearings for parole violations. 1. For the

purposes of this section, "preliminary violation hearing" means a

hearing to determine whether there are reasonable grounds to believe

that a person released on parole has violated the conditions of his

parole.

2. Whenever there is reasonable cause to believe that a person

released on parole in another state but under the parole supervision of

this state pursuant to section two hundred fifty-nine-m of this article

has violated the conditions thereof, a member or designee of the board

of parole, upon request of the sending state, may conduct a preliminary

violation hearing unless such hearing is waived by the parolee.

3. Whenever there is reasonable cause to believe that a person

released on parole in this state but under the parole supervision of

another state pursuant to section two hundred fifty-nine-m of this

article has violated the conditions thereof, any person duly authorized

in such other state to conduct preliminary violation hearings, upon

request of the chairman of the board of parole, may conduct such

hearing, unless such hearing is waived by the parolee. The preliminary

violation hearing and the determinations made thereat shall have the

same force and effect as preliminary violation hearing conducted in this

state by the board of parole or a member, hearing officer or panel

thereof.

4. Whenever a preliminary violation hearing is conducted in another

state pursuant to this section, the alleged violator must be afforded a

final hearing within ninety days from the date of his return to this

state.

§ 259-p — Interstate detention

Interstate detention. (1) Notwithstanding any other provision

of law, a defendant subject to section two hundred fifty-nine-mm of this

article, may be detained as authorized by the interstate compact for

adult offender supervision.

(2) A defendant shall be detained at a local correctional facility,

except as otherwise provided in subdivision three of this section.

(3) (a) A defendant sixteen years of age or younger, who allegedly

commits a criminal act or violation of his or her supervision on or

after October first, two thousand eighteen or (b) a defendant seventeen

years of age or younger who allegedly commits a criminal act or

violation of his or her supervision on or after October first, two

thousand nineteen, shall be detained in a juvenile detention facility.

§ 259-q — Civil actions against board personnel

Civil actions against board personnel. 1. No civil action

shall be brought in any court of the state, except by the attorney

general on behalf of the state, against any officer or employee of the

board of parole or former division of parole, in his personal capacity,

for damages arising out of any act done or the failure to perform any

act within the scope of the employment and in the discharge of the

duties by such officer or employee.

2. Any claim for damages arising out of any act done or the failure to

perform any act within the scope of the employment and in the discharge

of the duties of any officer or employee of the board of parole or

former division of parole shall be brought and maintained in the court

of claims as a claim against the state.

3. The state shall save harmless and indemnify any officer or employee

of the board of parole or former division of parole from financial loss

resulting from a claim filed in a court of the United States for damages

arising out of an act done or the failure to perform any act that was

(a) within the scope of the employment and in the discharge of the

duties of such officer or employee, and (b) not done or omitted with the

intent to violate any rule or regulation of the department, board or

former division or of any statute or governing case law of the state or

of the United States at the time the damages were sustained; provided

that the officer or employee shall comply with the provisions of

subdivision four of section seventeen of the public officers law.

4. (a) The provisions of this section shall supplement, and be

available in addition to, the provisions of section seventeen of the

public officers law and, insofar as this section is inconsistent with

section seventeen of the public officers law, the provisions of this

section shall be controlling.

(b) The provisions of this section shall not be construed in any way

to impair, modify or abrogate any immunity available to any officer or

employee of the board of parole or former division of parole under the

statutory or decisional law of the state or the United States.

5. This section shall not in any way impair, limit or modify the

rights and obligations of any insurer under any policy of insurance.

6. The benefits of subdivision three hereof shall inure only to

officers and employees of the board of parole or former division of

parole and shall not enlarge or diminish the rights of any other party.

7. This section shall apply with respect to claims arising on or after

the effective date of this section. Claims arising prior thereto shall

be governed by section seventeen of the public officers law or section

twenty-four of the correction law as the case may be.

§ 259-r — Release on medical parole for terminally ill incarcerated individuals

Release on medical parole for terminally ill incarcerated

individuals. 1. * (a) The board shall have the power to release on

medical parole any incarcerated individual serving an indeterminate or

determinate sentence of imprisonment who, pursuant to subdivision two of

this section, has been certified to be suffering from a terminal

condition, disease or syndrome and to be so debilitated or incapacitated

as to create a reasonable probability that he or she is physically or

cognitively incapable of presenting any danger to society, provided,

however, that no incarcerated individual serving a sentence imposed upon

a conviction for murder in the first degree or an attempt or conspiracy

to commit murder in the first degree shall be eligible for such release,

and provided further that no incarcerated individual serving a sentence

imposed upon a conviction for any of the following offenses shall be

eligible for such release unless in the case of an indeterminate

sentence he or she has served at least one-half of the minimum period of

the sentence and in the case of a determinate sentence he or she has

served at least one-half of the term of his or her determinate sentence:

murder in the second degree, manslaughter in the first degree, any

offense defined in article one hundred thirty of the penal law or an

attempt to commit any of these offenses. Solely for the purpose of

determining medical parole eligibility pursuant to this section, such

one-half of the minimum period of the indeterminate sentence and

one-half of the term of the determinate sentence shall not be credited

with any time served under the jurisdiction of the department prior to

the commencement of such sentence pursuant to the opening paragraph of

subdivision one of section 70.30 of the penal law or subdivision two-a

of section 70.30 of the penal law, except to the extent authorized by

subdivision three of section 70.30 of the penal law.

* NB Effective until September 1, 2027

* (a) The board shall have the power to release on medical parole any

incarcerated individual serving an indeterminate or determinate sentence

of imprisonment who, pursuant to subdivision two of this section, has

been certified to be suffering from a terminal condition, disease or

syndrome and to be so debilitated or incapacitated as to create a

reasonable probability that he or she is physically or cognitively

incapable of presenting any danger to society, provided, however, that

no incarcerated individual serving a sentence imposed upon a conviction

for murder in the first degree or an attempt or conspiracy to commit

murder in the first degree shall be eligible for such release, and

provided further that no incarcerated individual serving a sentence

imposed upon a conviction for any of the following offenses shall be

eligible for such release unless in the case of an indeterminate

sentence he or she has served at least one-half of the minimum period of

the sentence and in the case of a determinate sentence he or she has

served at least one-half of the term of his or her determinate sentence:

murder in the second degree, manslaughter in the first degree, any

offense defined in article one hundred thirty of the penal law or an

attempt to commit any of these offenses. Solely for the purpose of

determining medical parole eligibility pursuant to this section, such

one-half of the minimum period of the indeterminate sentence and

one-half of the term of the determinate sentence shall not be credited

with any time served under the jurisdiction of the department prior to

the commencement of such sentence pursuant to the opening paragraph of

subdivision one of section 70.30 of the penal law or subdivision two-a

of section 70.30 of the penal law, except to the extent authorized by

subdivision three of section 70.30 of the penal law.

* NB Effective September 1, 2027

(b) Such release shall be granted only after the board considers

whether, in light of the incarcerated individual's medical condition,

there is a reasonable probability that the incarcerated individual, if

released, will live and remain at liberty without violating the law, and

that such release is not incompatible with the welfare of society and

will not so deprecate the seriousness of the crime as to undermine

respect for the law, and shall be subject to the limits and conditions

specified in subdivision four of this section. Except as set forth in

paragraph (a) of this subdivision, such release may be granted at any

time during the term of an incarcerated individual's sentence,

notwithstanding any other provision of law.

(c) The board shall afford notice to the sentencing court, the

district attorney and the attorney for the incarcerated individual that

the incarcerated individual is being considered for release pursuant to

this section and the parties receiving notice shall have fifteen days to

comment on the release of the incarcerated individual. Release on

medical parole shall not be granted until the expiration of the comment

period provided for in this paragraph.

2. (a) The commissioner, on the commissioner's own initiative or at

the request of an incarcerated individual, or an incarcerated

individual's spouse, relative or attorney, may, in the exercise of the

commissioner's discretion, direct that an investigation be undertaken to

determine whether a diagnosis should be made of an incarcerated

individual who appears to be suffering from a terminal condition,

disease or syndrome. Any such medical diagnosis shall be made by a

physician licensed to practice medicine in this state pursuant to

section sixty-five hundred twenty-four of the education law. Such

physician shall either be employed by the department, shall render

professional services at the request of the department, or shall be

employed by a hospital or medical facility used by the department for

the medical treatment of incarcerated individuals. The diagnosis shall

be reported to the commissioner and shall include but shall not be

limited to a description of the terminal condition, disease or syndrome

suffered by the incarcerated individual, a prognosis concerning the

likelihood that the incarcerated individual will not recover from such

terminal condition, disease or syndrome, a description of the

incarcerated individual's physical or cognitive incapacity which shall

include a prediction respecting the likely duration of the incapacity,

and a statement by the physician of whether the incarcerated individual

is so debilitated or incapacitated as to be severely restricted in his

or her ability to self-ambulate or to perform significant normal

activities of daily living. This report also shall include a

recommendation of the type and level of services and treatment the

incarcerated individual would require if granted medical parole and a

recommendation for the types of settings in which the services and

treatment should be given.

(b) The commissioner, or the commissioner's designee, shall review the

diagnosis and may certify that the incarcerated individual is suffering

from such terminal condition, disease or syndrome and that the

incarcerated individual is so debilitated or incapacitated as to create

a reasonable probability that he or she is physically or cognitively

incapable of presenting any danger to society. If the commissioner does

not so certify then the incarcerated individual shall not be referred to

the board for consideration for release on medical parole. If the

commissioner does so certify, then the commissioner shall, within seven

working days of receipt of such diagnosis, refer the incarcerated

individual to the board for consideration for release on medical parole.

However, no such referral of an incarcerated individual to the board

shall be made unless the incarcerated individual has been examined by a

physician and diagnosed as having a terminal condition, disease or

syndrome as previously described herein at some time subsequent to such

incarcerated individual's admission to a facility operated by the

department of correctional services.

(c) When the commissioner refers an incarcerated individual to the

board, the commissioner shall provide an appropriate medical discharge

plan established by the department. The department is authorized to

request assistance from the department of health and from the county in

which the incarcerated individual resided and committed his or her

crime, which shall provide assistance with respect to the development

and implementation of a discharge plan, including potential placements

of a releasee. The department and the department of health shall jointly

develop standards for the medical discharge plan that are appropriately

adapted to the criminal justice setting, based on standards established

by the department of health for hospital medical discharge planning. The

board may postpone its decision pending completion of an adequate

discharge plan, or may deny release based on inadequacy of the discharge

plan.

3. Any certification by the commissioner or the commissioner's

designee pursuant to this section shall be deemed a judicial function

and shall not be reviewable if done in accordance with law.

4. (a) Medical parole granted pursuant to this section shall be for a

period of six months.

(b) The board shall require as a condition of release on medical

parole that the releasee agree to remain under the care of a physician

while on medical parole and in a hospital established pursuant to

article twenty-eight of the public health law, a hospice established

pursuant to article forty of the public health law or any other

placement that can provide appropriate medical care as specified in the

medical discharge plan required by subdivision two of this section. The

medical discharge plan shall state that the availability of the

placement has been confirmed, and by whom. Notwithstanding any other

provision of law, when an incarcerated individual who qualifies for

release under this section is cognitively incapable of signing the

requisite documentation to effectuate the medical discharge plan and,

after a diligent search no person has been identified who could

otherwise be appointed as the incarcerated individual's guardian by a

court of competent jurisdiction, then, solely for the purpose of

implementing the medical discharge plan, the facility health services

director at the facility where the incarcerated individual is currently

incarcerated shall be lawfully empowered to act as the incarcerated

individual's guardian for the purpose of effectuating the medical

discharge.

(c) Where appropriate, the board shall require as a condition of

release that medical parolees be supervised on intensive caseloads at

reduced supervision ratios.

(d) The board shall require as a condition of release on medical

parole that the releasee undergo periodic medical examinations and a

medical examination at least one month prior to the expiration of the

period of medical parole and, for the purposes of making a decision

pursuant to paragraph (e) of this subdivision, that the releasee provide

the board with a report, prepared by the treating physician, of the

results of such examination. Such report shall specifically state

whether or not the parolee continues to suffer from a terminal

condition, disease, or syndrome, and to be so debilitated or

incapacitated as to be severely restricted in his or her ability to

self-ambulate or to perform significant normal activities of daily

living.

(e) Prior to the expiration of the period of medical parole the board

shall review the medical examination report required by paragraph (d) of

this subdivision and may again grant medical parole pursuant to this

section; provided, however, that the provisions of paragraph (c) of

subdivision one and subdivision two of this section shall not apply.

(f) If the updated medical report presented to the board states that a

parolee released pursuant to this section is no longer so debilitated or

incapacitated as to create a reasonable probability that he or she is

physically or cognitively incapable of presenting any danger to society

or if the releasee fails to submit the updated medical report then the

board may not make a new grant of medical parole pursuant to paragraph

(e) of this subdivision. Where the board has not granted medical parole

pursuant to such paragraph (e) the board shall promptly conduct through

one of its members, or cause to be conducted by a hearing officer

designated by the board, a hearing to determine whether the releasee is

suffering from a terminal condition, disease or syndrome and is so

debilitated or incapacitated as to create a reasonable probability that

he or she is physically or cognitively incapable of presenting any

danger to society and does not present a danger to society. If the board

makes such a determination then it may make a new grant of medical

parole pursuant to the standards of paragraph (b) of subdivision one of

this section. At the hearing, the releasee shall have the right to

representation by counsel, including the right, if the releasee is

financially unable to retain counsel, to have the appropriate court

assign counsel in accordance with the county or city plan for

representation placed in operation pursuant to article eighteen-B of the

county law.

(g) The hearing and determination provided for by paragraph (f) of

this subdivision shall be concluded within the six month period of

medical parole. If the board does not renew the grant of medical parole,

it shall order that the releasee be returned immediately to the custody

of the department.

(h) In addition to the procedures set forth in paragraph (f) of this

subdivision, medical parole may be revoked at any time upon any of the

grounds specified in paragraph (a) of subdivision three of section two

hundred fifty-nine-i of this article, and in accordance with the

procedures specified in subdivision three of section two hundred

fifty-nine-i of this article.

(i) A releasee who is on medical parole and who becomes eligible for

parole pursuant to the provisions of subdivision two of section two

hundred fifty-nine-i of this article shall be eligible for parole

consideration pursuant to such subdivision.

5. A denial of release on medical parole or expiration of medical

parole in accordance with the provisions of paragraph (f) of subdivision

four of this section shall not preclude the incarcerated individual from

reapplying for medical parole or otherwise affect an incarcerated

individual's eligibility for any other form of release provided for by

law.

6. To the extent that any provision of this section requires

disclosure of medical information for the purpose of processing an

application or making a decision, regarding release on medical parole or

renewal of medical parole, or for the purpose of appropriately

supervising a person released on medical parole, and that such

disclosure would otherwise be prohibited by article twenty-seven-F of

the public health law, the provisions of this section shall be

controlling.

7. The commissioner and the chairman of the board shall be authorized

to promulgate rules and regulations for their respective agencies to

implement the provisions of this section.

8. Any decision made by the board pursuant to this section may be

appealed pursuant to subdivision four of section two hundred

fifty-nine-i of this article.

9. The chairman shall report annually to the governor, the temporary

president of the senate and the speaker of the assembly, the

chairpersons of the assembly and senate codes committees, the

chairperson of the senate crime and corrections committee, and the

chairperson of the assembly corrections committee the number of

incarcerated individuals who have applied for medical parole; the number

who have been granted medical parole; the nature of the illness of the

applicants, the counties to which they have been released and the nature

of the placement pursuant to the medical discharge plan; the categories

of reasons for denial for those who have been denied; the number of

releasees who have been granted an additional period or periods of

medical parole and the number of such grants; the number of releasees on

medical parole who have been returned to imprisonment in the custody of

the department and the reasons for return.

10. Notwithstanding any other provision of law, in the case of an

incarcerated individual whose terminal condition, disease or syndrome

meets the criteria for medical parole as set forth in paragraph (a) of

subdivision one of this section, and who is not serving a sentence for

one or more offenses set forth in paragraph (i) of subdivision one of

section eight hundred six of the correction law which would render such

incarcerated individual ineligible for presumptive release, the granting

of medical parole shall be determined by the commissioner provided that

a release of such incarcerated individual shall be in accordance with

subdivision eleven of this section. In such case, the provisions that

would have applied to and the procedures that would have been followed

by the board of parole pursuant to this section shall apply to and be

followed by the commissioner.

11. (a) After the commissioner has made a determination to grant

medical parole pursuant to subdivision ten of this section, the

commissioner shall notify the chairperson of the board of parole, or

their designee who shall be a member of the board of parole, and provide

him or her with all relevant records, files, information and

documentation, which includes but is not limited to the criminal

history, medical diagnosis and treatment pertaining to the terminally

ill incarcerated individual no more than five days from the date of the

determination. (b) The chairperson or his or her designee shall either

accept the commissioner's grant of medical parole, in which case the

incarcerated individual may be released by the commissioner, or conduct

further review. This decision or review shall be made within five days

of the receipt of the relevant records, files, information and

documentation from the commissioner. The chairperson's further review

may include, but not be limited to, an appearance by the terminally ill

incarcerated individual before the chairperson or his or her designee.

(c) After this further review, the chairperson shall either accept the

commissioner's grant of medical parole, in which case the incarcerated

individual may be released by the commissioner, or the chairperson shall

schedule an appearance for the terminally ill incarcerated individual

before the board of parole.

In the event the terminally ill incarcerated individual is scheduled

to make an appearance before the board of parole pursuant to this

subdivision, the matter shall be heard by a panel that does not include

the chairperson or any member of the board of parole who was involved in

the review of the commissioner's determination.

§ 259-s — Release on medical parole for incarcerated individuals suffering significant debilitating illnesses

Release on medical parole for incarcerated individuals

suffering significant debilitating illnesses. 1. (a) The board shall

have the power to release on medical parole any incarcerated individual

serving an indeterminate or determinate sentence of imprisonment who,

pursuant to subdivision two of this section, has been certified to be

suffering from a significant and permanent non-terminal condition,

disease or syndrome that has rendered the incarcerated individual so

physically or cognitively debilitated or incapacitated as to create a

reasonable probability that he or she does not present any danger to

society, provided, however, that no incarcerated individual serving a

sentence imposed upon a conviction for murder in the first degree or an

attempt or conspiracy to commit murder in the first degree shall be

eligible for such release, and provided further that no incarcerated

individual serving a sentence imposed upon a conviction for any of the

following offenses shall be eligible for such release unless in the case

of an indeterminate sentence he or she has served at least one-half of

the minimum period of the sentence and in the case of a determinate

sentence he or she has served at least one-half of the term of his or

her determinate sentence: murder in the second degree, manslaughter in

the first degree, any offense defined in article one hundred thirty of

the penal law or an attempt to commit any of these offenses. Solely for

the purpose of determining medical parole eligibility pursuant to this

section, such one-half of the minimum period of the indeterminate

sentence and one-half of the term of the determinate sentence shall not

be credited with any time served under the jurisdiction of the

department prior to the commencement of such sentence pursuant to the

opening paragraph of subdivision one of section 70.30 of the penal law

or subdivision two-a of section 70.30 of the penal law, except to the

extent authorized by subdivision three of section 70.30 of the penal

law.

(b) Such release shall be granted only after the board considers

whether, in light of the incarcerated individual's medical condition,

there is a reasonable probability that the incarcerated individual, if

released, will live and remain at liberty without violating the law, and

that such release is not incompatible with the welfare of society and

will not so deprecate the seriousness of the crime as to undermine

respect for the law, and shall be subject to the limits and conditions

specified in subdivision four of this section. In making this

determination, the board shall consider: (i) the nature and seriousness

of the incarcerated individual's crime; (ii) the incarcerated

individual's prior criminal record; (iii) the incarcerated individual's

disciplinary, behavioral and rehabilitative record during the term of

his or her incarceration; (iv) the amount of time the incarcerated

individual must serve before becoming eligible for release pursuant to

section two hundred fifty-nine-i of this article; (v) the current age of

the incarcerated individual and his or her age at the time of the crime;

(vi) the recommendations of the sentencing court, the district attorney

and the victim or the victim's representative; (vii) the nature of the

incarcerated individual's medical condition, disease or syndrome and the

extent of medical treatment or care that the incarcerated individual

will require as a result of that condition, disease or syndrome; and

(viii) any other relevant factor. Except as set forth in paragraph (a)

of this subdivision, such release may be granted at any time during the

term of an incarcerated individual's sentence, notwithstanding any other

provision of law.

(c) The board shall afford notice to the sentencing court, the

district attorney, the attorney for the incarcerated individual and,

where necessary pursuant to subdivision two of section two hundred

fifty-nine-i of this article, the crime victim, that the incarcerated

individual is being considered for release pursuant to this section and

the parties receiving notice shall have thirty days to comment on the

release of the incarcerated individual. Release on medical parole shall

not be granted until the expiration of the comment period provided for

in this paragraph.

2. (a) The commissioner, on the commissioner's own initiative or at

the request of an incarcerated individual, or an incarcerated

individual's spouse, relative or attorney, may, in the exercise of the

commissioner's discretion, direct that an investigation be undertaken to

determine whether a diagnosis should be made of an incarcerated

individual who appears to be suffering from a significant and permanent

non-terminal and incapacitating condition, disease or syndrome. Any such

medical diagnosis shall be made by a physician licensed to practice

medicine in this state pursuant to section sixty-five hundred

twenty-four of the education law. Such physician shall either be

employed by the department, shall render professional services at the

request of the department, or shall be employed by a hospital or medical

facility used by the department for the medical treatment of

incarcerated individuals. The diagnosis shall be reported to the

commissioner and shall include but shall not be limited to a description

of the condition, disease or syndrome suffered by the incarcerated

individual, a prognosis concerning the likelihood that the incarcerated

individual will not recover from such condition, disease or syndrome, a

description of the incarcerated individual's physical or cognitive

incapacity which shall include a prediction respecting the likely

duration of the incapacity, and a statement by the physician of whether

the incarcerated individual is so debilitated or incapacitated as to be

severely restricted in his or her ability to self-ambulate or to perform

significant normal activities of daily living. This report also shall

include a recommendation of the type and level of services and treatment

the incarcerated individual would require if granted medical parole and

a recommendation for the types of settings in which the services and

treatment should be given.

(b) The commissioner, or the commissioner's designee, shall review the

diagnosis and may certify that the incarcerated individual is suffering

from such condition, disease or syndrome and that the incarcerated

individual is so debilitated or incapacitated as to create a reasonable

probability that he or she is physically or cognitively incapable of

presenting any danger to society. If the commissioner does not so

certify then the incarcerated individual shall not be referred to the

board for consideration for release on medical parole. If the

commissioner does so certify, then the commissioner shall, within seven

working days of receipt of such diagnosis, refer the incarcerated

individual to the board for consideration for release on medical parole.

However, no such referral of an incarcerated individual to the board of

parole shall be made unless the incarcerated individual has been

examined by a physician and diagnosed as having a condition, disease or

syndrome as previously described herein at some time subsequent to such

incarcerated individual's admission to a facility operated by the

department.

(c) When the commissioner refers an incarcerated individual to the

board, the commissioner shall provide an appropriate medical discharge

plan established by the department. The department is authorized to

request assistance from the department of health and from the county in

which the incarcerated individual resided and committed his or her

crime, which shall provide assistance with respect to the development

and implementation of a discharge plan, including potential placements

of a releasee. The department and the department of health shall jointly

develop standards for the medical discharge plan that are appropriately

adapted to the criminal justice setting, based on standards established

by the department of health for hospital medical discharge planning. The

board may postpone its decision pending completion of an adequate

discharge plan, or may deny release based on inadequacy of the discharge

plan.

3. Any certification by the commissioner or the commissioner's

designee pursuant to this section shall be deemed a judicial function

and shall not be reviewable if done in accordance with law.

4. (a) Medical parole granted pursuant to this section shall be for a

period of six months.

(b) The board shall require as a condition of release on medical

parole that the releasee agree to remain under the care of a physician

while on medical parole and in a hospital established pursuant to

article twenty-eight of the public health law, a hospice established

pursuant to article forty of the public health law or any other

placement, including a residence with family or others, that can provide

appropriate medical care as specified in the medical discharge plan

required by subdivision two of this section. The medical discharge plan

shall state that the availability of the placement has been confirmed,

and by whom. Notwithstanding any other provision of law, when an

incarcerated individual who qualifies for release under this section is

cognitively incapable of signing the requisite documentation to

effectuate the medical discharge plan and, after a diligent search no

person has been identified who could otherwise be appointed as the

incarcerated individual's guardian by a court of competent jurisdiction,

then, solely for the purpose of implementing the medical discharge plan,

the facility health services director at the facility where the

incarcerated individual is currently incarcerated shall be lawfully

empowered to act as the incarcerated individual's guardian for the

purpose of effectuating the medical discharge.

(c) Where appropriate, the board shall require as a condition of

release that medical parolees be supervised on intensive caseloads at

reduced supervision ratios.

(d) The board shall require as a condition of release on medical

parole that the releasee undergo periodic medical examinations and a

medical examination at least one month prior to the expiration of the

period of medical parole and, for the purposes of making a decision

pursuant to paragraph (e) of this subdivision, that the releasee provide

the board with a report, prepared by the treating physician, of the

results of such examination. Such report shall specifically state

whether or not the parolee continues to suffer from a significant and

permanent non-terminal and debilitating condition, disease, or syndrome,

and to be so debilitated or incapacitated as to be severely restricted

in his or her ability to self-ambulate or to perform significant normal

activities of daily living.

(e) Prior to the expiration of the period of medical parole the board

shall review the medical examination report required by paragraph (d) of

this subdivision and may again grant medical parole pursuant to this

section; provided, however, that the provisions of paragraph (c) of

subdivision one and subdivision two of this section shall not apply.

(f) If the updated medical report presented to the board states that a

parolee released pursuant to this section is no longer so debilitated or

incapacitated as to create a reasonable probability that he or she is

physically or cognitively incapable of presenting any danger to society

or if the releasee fails to submit the updated medical report then the

board may not make a new grant of medical parole pursuant to paragraph

(e) of this subdivision. Where the board has not granted medical parole

pursuant to such paragraph (e) the board shall promptly conduct through

one of its members, or cause to be conducted by a hearing officer

designated by the board, a hearing to determine whether the releasee is

suffering from a significant and permanent non-terminal and

incapacitating condition, disease or syndrome and is so debilitated or

incapacitated as to create a reasonable probability that he or she is

physically or cognitively incapable of presenting any danger to society

and does not present a danger to society. If the board makes such a

determination then it may make a new grant of medical parole pursuant to

the standards of paragraph (b) of subdivision one of this section. At

the hearing, the releasee shall have the right to representation by

counsel, including the right, if the releasee is financially unable to

retain counsel, to have the appropriate court assign counsel in

accordance with the county or city plan for representation placed in

operation pursuant to article eighteen-B of the county law.

(g) The hearing and determination provided for by paragraph (f) of

this subdivision shall be concluded within the six month period of

medical parole. If the board does not renew the grant of medical parole,

it shall order that the releasee be returned immediately to the custody

of the department of correctional services.

(h) In addition to the procedures set forth in paragraph (f) of this

subdivision, medical parole may be revoked at any time upon any of the

grounds specified in paragraph (a) of subdivision three of section two

hundred fifty-nine-i of this article, and in accordance with the

procedures specified in subdivision three of section two hundred

fifty-nine-i of this article.

(i) A releasee who is on medical parole and who becomes eligible for

parole pursuant to the provisions of subdivision two of section two

hundred fifty-nine-i of this article shall be eligible for parole

consideration pursuant to such subdivision.

5. A denial of release on medical parole or expiration of medical

parole in accordance with the provisions of paragraph (f) of subdivision

four of this section shall not preclude the incarcerated individual from

reapplying for medical parole or otherwise affect an incarcerated

individual's eligibility for any other form of release provided for by

law.

6. To the extent that any provision of this section requires

disclosure of medical information for the purpose of processing an

application or making a decision, regarding release on medical parole or

renewal of medical parole, or for the purpose of appropriately

supervising a person released on medical parole, and that such

disclosure would otherwise be prohibited by article twenty-seven-F of

the public health law, the provisions of this section shall be

controlling.

7. The commissioner and the chair of the board shall be authorized to

promulgate rules and regulations for their respective agencies to

implement the provisions of this section.

8. Any decision made by the board pursuant to this section may be

appealed pursuant to subdivision four of section two hundred

fifty-nine-i of this article.

9. The chair of the board shall report annually to the governor, the

temporary president of the senate and the speaker of the assembly, the

chairpersons of the assembly and senate codes committees, the

chairperson of the senate crime and corrections committee, and the

chairperson of the assembly corrections committee the number of

incarcerated individuals who have applied for medical parole under this

section; the number who have been granted medical parole; the nature of

the illness of the applicants, the counties to which they have been

released and the nature of the placement pursuant to the medical

discharge plan; the categories of reasons for denial for those who have

been denied; the number of releasees who have been granted an additional

period or periods of medical parole and the number of such grants; the

number of releasees on medical parole who have been returned to

imprisonment in the custody of the department and the reasons for

return.

§ 259-t — Permitted activities

* § 259-t. Permitted activities. Where any person is granted

presumptive release, parole, conditional release, release to

post-release supervision or any other type of supervised release, the

state board of parole shall not deem a person to be in violation of and

the state board of parole shall not terminate such granted presumptive

release, parole, conditional release, release to post-release

supervision or any other type of supervised release solely because such

person engaged in bona fide work for an employer, including travel time

to or from bona fide work, during curfew times set by conditions of

probation, parole, presumptive release, conditional release or release

to post-release supervision. For purposes of this section, bona fide

work is work performed as an employee for an employer, as defined in

section two of the labor law.

* NB There are 2 § 259-t's

ARTICLE 13 Division of Housing

§ 260 — Division of housing and community renewal

Division of housing and community renewal. The commissioner of

housing and community renewal appointed pursuant to the provisions of

the public housing law, shall be the head of the division of housing and

community renewal and shall have and exercise all the functions, powers

and duties vested in him by that or any other law. The commissioner of

housing and community renewal shall receive a salary to be fixed by the

governor within the amount appropriated therefor.

ARTICLE 13-A Alternatives to Incarceration Service Plans

§ 261 — Alternatives to incarceration service plans

* § 261. Alternatives to incarceration service plans. 1. As used in

this article:

a. "Service plan" or "plan" means a county plan designed to identify

and provide eligible programs as determined by either an advisory board

established pursuant to this article, or by an existing criminal justice

coordinating council, provided, however, the membership of such council

includes a majority of those persons set forth in subdivision two of

this section, provided that one person shall be the chief administrative

officer. The following factors considered, utilized and incorporated in

the plan shall include but not be limited to:

(i) an analysis of the jail population to assist in determining

incarceration practices and trends, including, if submitting an approved

amendment pursuant to section two hundred sixty-six of this article, an

analysis of the relationship between alcohol, drugs and crime and the

effects of alcohol and substance abuse on the local criminal justice

system and jail, probation and alternatives to incarceration

populations, consistent with planning guidelines established by the

office; the types and nature of alternative programming needed, and

appropriate eligibility requirements;

(ii) an analysis of recent overcrowding problems and measures taken by

the county to relieve them;

(iii) a summary of existing alternatives programs and/or related

services and previous efforts made by the county to develop alternatives

to incarceration and if an approved amendment is submitted, pursuant to

section two hundred sixty-six of this article, a summary of existing

alcohol and substance abuse programs;

(iv) a comprehensive plan for the development of alternatives programs

that addresses the specific needs identified in subparagraph (i) of this

paragraph and furthers the county's long-range goals in the area of

alternatives to incarceration;

(v) specific proposals for the use of state aid available under this

chapter, including a description of services to be provided,

characteristics of the target populations, steps to be taken to identify

eligible participants, the goals and objectives to be accomplished

through the proposals;

(vi) a detailed time frame for the implementation and evaluation of

the specific proposals described in subparagraph (v) of this paragraph;

(vii) a summary of those criteria by which the office and the state

commission of correction may measure the proposal's impact on jail

overcrowding; and

(viii) any other information which the office may request consistent

with the purposes of this chapter.

Nothing in this article shall prohibit the development of regional

programs by two or more counties.

b. "Eligible programs" means existing programs, enhancement of

existing programs or initiation of new programs or, if submitting an

approved amendment pursuant to section two hundred sixty-six of this

article, eligible alcohol and substance abuse programs as defined in

paragraph c of this subdivision which serve to assist the court, public

officers or others in identifying and avoiding the inappropriate use of

incarceration. Such programs may be administered by either the county or

private, community-based organizations and may include, but shall not be

limited to: new or enhanced specialized probation services which exceed

those probation services otherwise required to be performed in

accordance with applicable law, rule or regulation of the division of

criminal justice services subject to the provisions of this article; a

pre-trial alternative to detention program, including a comprehensive

pre-arraignment program which screens all defendants and ensures that

the court is fully advised of the availability of alternatives based

upon the defendant's suitability and needs prior to its determination

regarding the issuance of a securing order, or an effective bail review

program; alternatives to post-adjudicatory incarceration programs,

including community service, substance abuse or alcohol intervention

programs; and management information systems designed to improve the

county's ability to identify appropriate persons for alternatives to

detention or incarceration, as well as for improved classification of

persons within jail. For purposes of this paragraph, community service

programs may place persons performing community service at worksites

identified by the commissioner of the department of environmental

conservation and the commissioner of the office of parks, recreation and

historic preservation.

c. "Eligible alcohol and substance abuse programs" means eligible

programs which serve to assist the courts, public officers and others in

identifying and avoiding inappropriate incarceration by providing

services to offenders who have or have had a history of alcohol or

substance abuse and who, having been charged with or convicted of a

felony are also at risk of incarceration as a pre-trial detainee, a

determinate sentenced offender, an indeterminate sentenced offender, a

probation violator, or a parole violator. Such services may include, but

shall not be limited to programs and services that provide treatment,

care or rehabilitative services, either residential or out-patient, to

such offenders, or programs and services that provide for the purpose of

developing individualized service plans to address such offender's

alcohol or substance abuse problem, or programs and services that

provide referrals and other linkages to alcohol or substance abuse

programs to such offenders.

d. "Inappropriate incarceration" means instances where a person is or

is about to be confined or otherwise held in custody prior to trial on a

criminal charge, or pursuant to a sentence imposed upon conviction for

an offense, or pursuant to any criminal court order of commitment, and

where the purposes of such confinement would be adequately served by an

alternative to incarceration.

e. "Approved plan" means a plan submitted by the county executive upon

approval by the advisory board or council and by the local legislative

body, which has been determined by the office to meet the requirements

set forth in paragraph a of this subdivision.

f. "Approved amendment" means an amendment submitted by the county

executive upon approval by the advisory board or council and by the

local legislative body, which has been determined by the division to

meet the requirements set forth in section 266 of this article to

provide eligible alcohol and substance abuse programs.

g. "Advisory board" means that body established pursuant to this

section or a criminal justice coordinating council whose members include

the chief administrative officer and a majority of the members set forth

in subdivision two of this section.

h. "County executive" means a county administrator, county manager,

county director or county president and in cities with a population of

one million or more, the mayor.

i. "Office" means the office of probation and correctional

alternatives.

2. Every advisory board established for purposes of this article shall

include the following persons or their representatives:

a. County court judge, as appointed by the administrative judge for

that county; in cities with a population of one million or more, a

supreme court judge, as appointed by the administrative judge for that

city;

b. Police court, district court, town court or village court judge, as

appointed by the administrative judge of that county; in cities with a

population of one million or more, a criminal court judge, as appointed

by the administrative judge for that city;

c. The district attorney; in cities with a population of one million

or more, the district attorney shall be selected by the district

attorneys of the five boroughs to represent their joint views;

d. A representative of each of the agencies providing legal services

to those unable to afford counsel in criminal cases, not to exceed two;

e. County legislator or member of the county board of supervisors or,

in cities of one million of more, city councilman who chairs a public

safety committee, or the committee best designed to deal with this

subject, should such a committee exist;

f. County director of probation; in cities with a population of one

million or more, the commissioner of the department of probation;

g. Chief administrative officer;

h. A representative of local police agencies, other than the chief

administrative officer, selected by the heads of all such agencies to

represent their joint views; in cities with a population of one million

or more, the police commissioner;

i. Representative of a private organization operating within a county

who has experience and involvement in alternatives to incarceration

programs or pre-trial service programs, as designated by the county

executive;

j. Ex-offender and a crime victim, each designated by the county

executive;

k. County executive;

l. The director of community services as defined in section 41.03 of

the mental hygiene law; and

m. An individual within a county who provides state certified alcohol

and/or substance abuse treatment programs or services.

Prior to any official action by the board, all members shall be

designated. The chairperson shall be the county executive or his or her

duly designated representative. In cities with a population of one

million or more, a single advisory board shall be established.

* NB Repealed September 1, 2027

§ 262 — Office assistance; plan; approval

* § 262. Office assistance; plan; approval. 1. Upon request of either

the county executive or the advisory board, through the chairperson, the

office shall assist the county in the development of its plan by

providing technical assistance either directly or through contract with

persons or organizations which have expertise in the area of pre-trial

services or alternatives to incarceration programs.

2. Upon development of a proposed plan but at least thirty days prior

to approval by the board, public comment shall be solicited for

consideration by the board prior to final action.

3. Upon approval by the board, by a majority of its members, any

county outside the city of New York acting through its county executive,

and upon approval of the local legislative body, may submit a proposed

service plan to the office for approval. The city of New York acting

through the mayor and upon approval by the board of estimate may submit

a proposed service plan to the office for approval.

4. a. Each such plan shall be submitted to the office no later than

one hundred eighty days after the effective date of the chapter of the

laws of nineteen hundred eighty-eight which amended this paragraph and

added these words or by the first day of April of each subsequent year

and shall provide that upon approval it shall become effective. Annual

renewals of service plans are required and shall be submitted to the

office no later than the first day of April of each year following

submission of the original plan. A plan may be amended from time to time

by the advisory board, subject to the approval of the local legislative

body and the office. The office may recommend amendments to a plan,

subject to the approval of the advisory board and the local legislative

body. Reasons for such amendments may include but shall not be limited

to the addition or deletion of eligible programs with due consideration

to their utilization by the court, their effect on diverting the jail

bound population, reducing the overcrowding problem and their

cost-effectiveness.

b. The office shall either approve or deny the plan no later than

sixty days following its submission. If the plan is denied, the office

shall notify the county executive in writing of such denial and the

reasons therefor and shall specify any measures which should be

undertaken to secure the approval of the office. Nothing herein shall

prohibit the amendment of a plan to overcome the office's stated reasons

for denial or the resubmission of such proposed plan for approval.

* NB Repealed September 1, 2027

§ 263 — Reports

* § 263. Reports. The advisory board, through its chairperson, shall

submit to the office a quarterly report relative to the status of

compliance with the plan, pursuant to rules and regulations promulgated

by the commissioner of the division of criminal justice services upon

recommendation of the office. The report shall include, but not be

limited to: compliance with specific goals and objectives as reflected

in the plan; ability of programs to meet performance criteria;

compliance with timetables; utilization by the court of the programs

included in the plan; effect of such programs on diverting the jail

bound population and reducing the over crowding problem; and any other

information requested by the office and available to the advisory board

with respect to this article.

* NB Repealed September 1, 2027

§ 264 — Noncompliance with plan

* § 264. Noncompliance with plan. 1. If at any time the office

determines that a county plan is not being complied with, it shall

notify the advisory board through the chairperson and the state

commission of correction in writing of such fact, and it shall withhold

any portion of state funds not theretofore allocated. Such notice shall

state the particular reasons for the determination and demand compliance

with the plan within sixty days of the notice, setting forth the

specific actions deemed necessary to secure compliance. If compliance is

forthcoming the board and the state commission of correction shall be

notified of such fact in writing and any state funds heretofore withheld

shall be released. If compliance with the plan is not fulfilled within

such time or within a thirty day extension period as authorized herein,

the office shall notify the advisory board through the chairperson and

the state commission of correction. Upon such notification, the county

shall be deemed in noncompliance with the approved plan and the

provisions of subdivision eight of section five hundred-b of the

correction law shall be applied.

An extension may be granted by the office for a thirty day period upon

a request by the board through the chairperson, where the office

determines it to be appropriate, setting forth specific reasons for a

need for an extension and the steps which shall be undertaken to be in

compliance at the end of such period.

Any notification by the office of non-compliance pursuant to this

section shall be deemed a final determination for purposes of judicial

review.

2. The advisory board, through its chairperson, may reapply for

continuation of its approved plan or modified plan, provided it

certifies that it has complied with the specific actions deemed

necessary by the office to secure compliance. Within thirty days of

receipt of the application the office shall verify compliance with its

notice and notify the board and the state commission of correction of

its decision.

* NB Repealed September 1, 2027

§ 265 — Further authority of the office; state assistance

* § 265. Further authority of the office; state assistance. 1. In

administering the provisions of this article, the office may perform

such other and further acts and recommend to the commissioner of the

division of criminal justice services such rules and regulations it

deems necessary, proper or desirable to carry out the purpose of this

article and not otherwise inconsistent with the other provisions of this

article, chapter or any other provision of law. This shall include, but

not be limited to, the office's consultation with the chief

administrative judge of the office of court administration, the chairman

of the state commission of correction and the commissioner of alcoholism

and substance abuse services.

2. a. For the purpose of carrying out this article state assistance of

not less than fourteen million dollars shall be made available to cities

with a population of one million or more and to counties outside such

cities in amounts to be determined; provided, however, that of the total

amount available herein, not less than seven million dollars shall be

made available as follows:

(i) for each county with a population under one hundred thousand

persons, a minimum of twenty thousand dollars or that percentage of the

total dollar amount available which is equal to the percentage that the

population of such county bears to the total population of the state

determined on the basis of the most recent available federal census,

whichever is greater;

(ii) for each county with a population over one hundred thousand and

under three hundred thousand persons, a minimum of sixty thousand

dollars or that percentage of the total dollar amount available which is

equal to the percentage that the population of such county bears to the

total population of the state determined on the basis of the most recent

available federal census, whichever is greater;

(iii) for each county with a population over three hundred thousand

persons not entirely included within a city, that percentage of the

total dollar amount available which is equal to the percentage that the

population of such county bears to the total population of the state

determined on the basis of the most recent available federal census; and

(iv) for each city with a population of one million or more, the

amount of the total dollar amount available by this paragraph remaining

after the deduction of the amounts apportioned pursuant to the preceding

subparagraphs of this paragraph.

b. Except as provided in section two hundred sixty-six of this

article, applications for such assistance must be made and submitted no

later than one hundred eighty days after the effective date of the

chapter of the laws of nineteen hundred eighty-eight which amended this

paragraph and added these words or by the first day of April of each

subsequent year and shall be either approved or denied by the office no

later than sixty days following such submission. Any part of the moneys

so made available and not apportioned pursuant to a plan approved and

contract entered into with the office within the time limits required

shall be apportioned by the office in its discretion to such a city or

counties on a need basis, taking into consideration incarcerated

individual population or prior commitment by a county in the development

of alternatives to detention or incarceration programs.

3. The office may receive applications from and may enter into

contracts with municipalities to undertake implementation of the service

plan and any such municipality may enter into a contract with the office

and with such private organization or organizations for such purpose.

Except as provided in section two hundred sixty-six of this article, any

such contract may include such provisions as may be agreed upon by the

parties thereto, but shall include in substance at least the following:

a. An estimate of the reasonable cost and need of the programs as

approved by the office;

b. In the first year of the approved service plan an agreement by the

office to reimburse to the municipality up to fifty percent of the

state's share of the costs at the initial approval of the plan; one-half

of the remaining fifty percent of the state's share shall be allocated

to municipalities during the implementation of the plan, provided there

is substantial compliance with timetables and any other provisions of

the plan deemed necessary by the office. The balance of the state's

share of the costs shall be allocated to the municipality in a manner

determined by the office. In any subsequent year, the office shall

reimburse to the municipality the state's share of actual costs incurred

under the plan. In no event shall the state's share exceed fifty percent

of the total cost of the plan, nor shall it be used to replace current

expenditures by the municipality for such alternatives programs.

However, in determining the amount of the municipal share of the cost of

a program, the office shall reduce the amount of the municipal share by

an amount equal to the costs incurred by such municipality on

implementation of any of the plan's provisions during the year

immediately preceding approval of the plan by the office. Any such

amount resulting in a reduction of the municipal share shall not be

considered in calculating the municipal share of any future program;

c. An agreement by the municipality to provide for the payment of the

municipality's share of the cost of the program or programs and to

proceed expeditiously with, and complete, the program or programs, as

approved by the commission;

d. Any costs in excess of the amount provided for in this subdivision

will be the responsibility of the municipality except as otherwise

provided in this article;

e. An agreement that, in the event federal assistance, which was not

included in the calculation of the state or municipal payment, becomes

available to the municipality, the amount of the state payment shall be

recalculated with the inclusion of one-half of such federal assistance

and the amount of the municipality's payment shall be recalculated with

the inclusion of one-half of such federal assistance; and

f. An agreement that in the event of private financial assistance,

which was not included in the calculation of the municipal payment and

which becomes available to the municipality, such financial assistance

shall result in a reduction of the municipal share by said amount.

* NB Repealed September 1, 2027

§ 266 — Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs

* § 266. Additional authority of the office; state assistance;

approved amendments for eligible alcohol and substance abuse programs.

1. Counties and the city of New York may submit approved amendments

for alcohol and substance abuse programs as defined in this article as

part of or in addition to an approved plan. In accordance with this

article, nothing in this section shall prohibit the development of

regional alcohol and substance abuse programs by two or more counties or

cities with a population of one million or more.

2. Such approved amendments shall include a statement by the county or

the city of New York indicating such municipality's understanding that

funding for eligible alcohol and substance abuse programs shall be in

accordance with subdivision four of this section and the municipality's

commitment to meet the funding requirements as set forth in such

subdivision.

3. For the purposes of carrying out the purpose of this section, of

the amount made available in paragraph a of subdivision two of section

two hundred sixty-five, state assistance of not less than seven million

dollars shall be made available for approved amendments. Of this amount,

no more than forty percent shall be made available for such state

assistance to cities with a population of one million or more. The

remaining amount shall be made available for such state assistance to

counties outside such cities. The office shall apportion the amount

available for approved amendments on an as needed basis, taking into

consideration the analysis of the relationship between alcohol, drugs

and crime, as required in this article, as well as other factors as may

be required by the office.

4. The office may receive approved amendments and may amend approved

plans in accordance with such approved amendments at any time. The

office may enter into contracts to undertake the implementation of the

approved amendments and any such municipality may enter into contracts

with the office and with private organizations for such implementation.

Any such contracts may include such provisions as may be agreed upon by

the parties thereto, but shall include at least the following:

a. An estimate of the reasonable costs and need for the eligible

alcohol and substance abuse programs;

b. An agreement by the office to reimburse the municipality in

accordance with the following:

(i) In the first year of implementation and operation of the eligible

alcohol and substance abuse program, the office shall reimburse to the

municipality one hundred percent of the costs incurred, provided that,

upon approval of the contract and consistent with implementation plans

approved by the office, up to one-half of the state's share of the cost

of such program may be immediately allocated to the municipality for

purposes of implementation of the program. The balance of the state's

share of the costs shall be allocated to the municipality in a manner

determined by the office.

(ii) In the second year of operation of such eligible alcohol and

substance abuse program, such program shall be included in the approved

service plan submitted by the municipality and the office shall

reimburse to the municipality seventy-five percent of the costs of

approved expenditures. Municipalities shall provide at least twenty-five

percent of costs of approved expenditures of the contract.

(iii) In the third and any subsequent year of operation of such

alcohol and substance abuse program, such program shall be included in

the approved service plan submitted by the municipality and the office

shall reimburse to the municipality fifty percent of the costs of

approved expenditures. Municipalities shall provide at least fifty

percent of costs of approved expenditures of the contract.

In no event shall the state's share be used to replace expenditures

previously incurred by the municipality for such alcohol and substance

abuse programs;

c. An agreement by the municipality to provide for the payment of the

municipality's share of the costs of the alcohol and substance abuse

program or programs, and to proceed expeditiously with, and implement,

such program or programs, as approved by the office; and

d. Any costs in excess of the amount provided for in this subdivision

shall be the responsibility of the municipality, except as otherwise

provided in this article.

* NB Repealed September 1, 2027

§ 267 — Office reports

* § 267. Office reports. The office shall submit to the governor, the

temporary president of the senate, the speaker of the assembly, the

chairman of the senate crime and correction committee and the chairman

of the assembly committee on codes by October first of each year its

evaluation and assessment of this alternatives planning and programming

effort by the counties. Such report shall include, but not be limited

to, the status of the development of such plans, the approval and

implementation of such plans, the success of the programs, in terms of

their utilization, effect on jail population, results of the analyses

provided counties and the city of New York on the relationship between

alcohol, drugs and crime and the success of the eligible alcohol and

substance abuse programs and sentencing decisions together with any

recommendations with respect to the proper operation or improvement of

planning and implementation of effective alternatives to detention and

alternatives to incarceration programs in counties.

* NB Repealed September 1, 2027

ARTICLE 14 Division of Alcoholic Beverage Control

§ 270 — Division of alcoholic beverage control; state liquor authority

Division of alcoholic beverage control; state liquor authority.

The head of the alcoholic beverage control division shall be the state

liquor authority whose members shall consist of a chairman and two

commissioners, who shall be appointed by the governor, by and with the

advice and consent of the senate.

Not more than two members of the state liquor authority shall belong

to the same political party. All of said members shall be citizens and

residents of the state. Such members shall be appointed to serve for a

term of three years each and until their successors have been appointed

and qualified.

§ 271 — Salaries; expenses

Salaries; expenses. The chairman and the other members of the

authority shall receive a salary to be fixed by the governor within the

amounts appropriated therefor. Each member of the authority shall also

be entitled to his expenses actually and necessarily incurred by him in

the performance of his duties.

§ 272 — Removal

Removal. Any member of the authority may be removed by the

governor for cause after an opportunity to be heard. A statement of the

cause of his removal shall be filed by the governor in the office of the

secretary of state.

§ 273 — Vacancies; quorum

Vacancies; quorum. (a) In the event of a vacancy caused by

death, resignation, removal or disability of a commissioner, the vacancy

shall be filled by the governor by and with the advice and consent of

the senate for the unexpired term.

(b) In the event of a vacancy caused by the death, resignation,

removal or disability of the chairman, the vacancy shall be filled by

the governor by and with the advice and consent of the senate for the

unexpired term. Notwithstanding any other provision of law to the

contrary, the governor shall designate one of the commissioners to serve

as acting chairman for a period not to exceed six months or until a

successor chairman has been confirmed by the senate, whichever comes

first. Upon the expiration of the six month term, if the governor has

nominated a successor chairman, but the senate has not acted upon the

nomination, the acting chairman can continue to serve as acting chairman

for an additional ninety days or until the governor's successor chairman

nomination is confirmed by the senate, whichever comes first.

(c) The governor shall provide immediate written notice to the

temporary president of the senate of the designation of a commissioner

as acting chairman.

(d) If (i) the governor has not nominated a successor chairman upon

the expiration of the six month term or (ii) the senate does not confirm

the governor's successor nomination within the additional ninety days,

the commissioner designated as acting chairman shall no longer be able

to serve as acting chairman and the governor is prohibited from

extending the powers of that acting chairman or from designating another

commissioner to serve as acting chairman.

(e) A commissioner serving as the acting chairman of the authority

shall be deemed a state officer for purposes of section seventy-three of

the public officers law.

(f) A majority of the members of the authority shall constitute a

quorum for the purpose of conducting the business thereof and a majority

vote of all the members in office shall be necessary for action.

Provided, however, that a commissioner designated as an acting chairman

pursuant to subdivision two of section fourteen of this chapter shall

have only one vote for purposes of conducting the business of the

authority.

§ 274 — Officers; employees; offices

Officers; employees; offices. The authority shall have power to

appoint any necessary deputies, counsels, assistants, investigators, and

other employees within the limits provided by appropriation.

Investigators so employed by the authority shall be deemed to be peace

officers for the purpose of enforcing the provisions of the alcoholic

beverage control law or judgements or orders obtained for violation

thereof, with all the powers set forth in section 2.20 of the criminal

procedure law. The authority shall continue to have its principal office

in the city of Albany, and may maintain a branch office in the cities of

New York and Buffalo and such other places as it may deem necessary.

ARTICLE 15 Human Rights Law

§ 290 — Purposes of article

Purposes of article. 1. This article shall be known as the

"Human Rights Law".

2. It shall be deemed an exercise of the police power of the state for

the protection of the public welfare, health and peace of the people of

this state, and in fulfillment of the provisions of the constitution of

this state concerning civil rights.

3. The legislature hereby finds and declares that the state has the

responsibility to act to assure that every individual within this state

is afforded an equal opportunity to enjoy a full and productive life and

that the failure to provide such equal opportunity, whether because of

discrimination, prejudice, intolerance or inadequate education,

training, housing or health care not only threatens the rights and

proper privileges of its inhabitants but menaces the institutions and

foundation of a free democratic state and threatens the peace, order,

health, safety and general welfare of the state and its inhabitants. A

division in the executive department is hereby created to encourage

programs designed to insure that every individual shall have an equal

opportunity to participate fully in the economic, cultural and

intellectual life of the state; to encourage and promote the development

and execution by all persons within the state of such state programs; to

eliminate and prevent discrimination in employment, in places of public

accommodation, resort or amusement, in educational institutions, in

public services, in housing accommodations, in commercial space and in

credit transactions and to take other actions against discrimination as

herein provided; and the division established hereunder is hereby given

general jurisdiction and power for such purposes.

§ 291 — Equality of opportunity a civil right

Equality of opportunity a civil right.

1. The opportunity to obtain employment without discrimination because

of age, race, creed, color, national origin, sexual orientation, gender

identity or expression, military status, sex, marital status, or

disability, is hereby recognized as and declared to be a civil right.

2. The opportunity to obtain education, the use of places of public

accommodation and the ownership, use and occupancy of housing

accommodations and commercial space without discrimination because of

age, race, creed, color, national origin, sexual orientation, gender

identity or expression, military status, sex, marital status, or

disability, as specified in section two hundred ninety-six of this

article, is hereby recognized as and declared to be a civil right.

3. The opportunity to obtain medical treatment of an infant

prematurely born alive in the course of an abortion shall be the same as

the rights of an infant born spontaneously.

§ 292 — Definitions

Definitions. When used in this article:

1. The term "person" includes one or more individuals, partnerships,

associations, corporations, legal representatives, trustees, trustees in

bankruptcy, or receivers.

2. The term "employment agency" includes any person undertaking to

procure employees or opportunities to work.

3. The term "labor organization" includes any organization which

exists and is constituted for the purpose, in whole or in part, of

collective bargaining or of dealing with employers concerning

grievances, terms or conditions of employment, or of other mutual aid or

protection in connection with employment.

4. The term "unlawful discriminatory practice" includes only those

practices specified in sections two hundred ninety-six, two hundred

ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of

this article.

5. The term "employer" shall include all employers within the state.

For the purposes of this article, (a) the state of New York shall be

considered an employer of any employee or official, including any

elected official, of the New York state executive, legislature, or

judiciary, including persons serving in any judicial capacity, and

persons serving on the staff of any elected official in New York state,

(b) a city, county, town, village or other political subdivision of

the state of New York shall be considered an employer of any employee or

official, including any elected official, of such locality's executive,

legislature or judiciary, including persons serving in any local

judicial capacity, and persons serving on the staff of any local elected

official.

6. The term "employee" in this article does not include any individual

employed by his or her parents, spouse, or child.

7. The term "commissioner", unless a different meaning clearly appears

from the context, means the state commissioner of human rights; and the

term "division" means the state division of human rights created by this

article.

8. The term "national origin" shall, for the purposes of this article,

include "ancestry."

9. The term "place of public accommodation, resort or amusement" shall

include, regardless of whether the owner or operator of such place is a

state or local government entity or a private individual or entity,

except as hereinafter specified, all places included in the meaning of

such terms as: inns, taverns, road houses, hotels, motels, whether

conducted for the entertainment of transient guests or for the

accommodation of those seeking health, recreation or rest, or

restaurants, or eating houses, or any place where food is sold for

consumption on the premises; buffets, saloons, barrooms, or any store,

park or enclosure where spirituous or malt liquors are sold; ice cream

parlors, confectionaries, soda fountains, and all stores where ice

cream, ice and fruit preparations or their derivatives, or where

beverages of any kind are retailed for consumption on the premises;

wholesale and retail stores and establishments dealing with goods or

services of any kind, dispensaries, clinics, hospitals, bath-houses,

swimming pools, laundries and all other cleaning establishments, barber

shops, beauty parlors, theatres, motion picture houses, airdromes, roof

gardens, music halls, race courses, skating rinks, amusement and

recreation parks, trailer camps, resort camps, fairs, bowling alleys,

golf courses, gymnasiums, shooting galleries, billiard and pool parlors;

garages, all public conveyances operated on land or water or in the air,

as well as the stations and terminals thereof; travel or tour advisory

services, agencies or bureaus; public halls, public rooms, public

elevators, and any public areas of any building or structure. Such term

shall not include kindergartens, primary and secondary schools, high

schools, academies, colleges and universities, extension courses, and

all educational institutions under the supervision of the regents of the

state of New York; any such kindergarten, primary and secondary school,

academy, college, university, professional school, extension course or

other education facility, supported in whole or in part by public funds

or by contributions solicited from the general public; or any

institution, club or place of accommodation which proves that it is in

its nature distinctly private. In no event shall an institution, club or

place of accommodation be considered in its nature distinctly private if

it has more than one hundred members, provides regular meal service and

regularly receives payment for dues, fees, use of space, facilities,

services, meals or beverages directly or indirectly from or on behalf of

a nonmember for the furtherance of trade or business. An institution,

club, or place of accommodation which is not deemed distinctly private

pursuant to this subdivision may nevertheless apply such selective

criteria as it chooses in the use of its facilities, in evaluating

applicants for membership and in the conduct of its activities, so long

as such selective criteria do not constitute discriminatory practices

under this article or any other provision of law. For the purposes of

this section, a corporation incorporated under the benevolent orders law

or described in the benevolent orders law but formed under any other law

of this state or a religious corporation incorporated under the

education law or the religious corporations law shall be deemed to be in

its nature distinctly private.

No institution, club, organization or place of accommodation which

sponsors or conducts any amateur athletic contest or sparring exhibition

and advertises or bills such contest or exhibition as a New York state

championship contest or uses the words "New York state" in its

announcements shall be deemed a private exhibition within the meaning of

this section.

10. The term "housing accommodation" includes any building, structure,

or portion thereof which is used or occupied or is intended, arranged or

designed to be used or occupied, as the home, residence or sleeping

place of one or more human beings. The term "housing accommodation" also

includes any accessory dwelling unit, defined as any attached or a

detached residential dwelling unit that provides complete independent

living facilities for one or more persons which is located on a lot with

a proposed or existing primary residence and shall include permanent

provisions for living, sleeping, eating, cooking, and sanitation on the

same lot as the single-family or multi-family dwelling.

11. The term "publicly-assisted housing accommodations" shall include

all housing accommodations within the state of New York in

(a) public housing,

(b) housing operated by housing companies under the supervision of the

commissioner of housing,

(c) housing constructed after July first, nineteen hundred fifty,

within the state of New York

(1) which is exempt in whole or in part from taxes levied by the state

or any of its political subdivisions,

(2) which is constructed on land sold below cost by the state or any

of its political subdivisions or any agency thereof, pursuant to the

federal housing act of nineteen hundred forty-nine,

(3) which is constructed in whole or in part on property acquired or

assembled by the state or any of its political subdivisions or any

agency thereof through the power of condemnation or otherwise for the

purpose of such construction, or

(4) for the acquisition, construction, repair or maintenance of which

the state or any of its political subdivisions or any agency thereof

supplies funds or other financial assistance,

(d) housing which is located in a multiple dwelling, the acquisition,

construction, rehabilitation, repair or maintenance of which is, after

July first, nineteen hundred fifty-five, financed in whole or in part by

a loan, whether or not secured by a mortgage, the repayment of which is

guaranteed or insured by the federal government or any agency thereof,

or the state or any of its political subdivisions or any agency thereof,

provided that such a housing accommodation shall be deemed to be

publicly assisted only during the life of such loan and such guaranty or

insurance; and

(e) housing which is offered for sale by a person who owns or

otherwise controls the sale of ten or more housing accommodations

located on land that is contiguous (exclusive of public streets), if (1)

the acquisition, construction, rehabilitation, repair or maintenance of

such housing accommodations is, after July first, nineteen hundred

fifty-five, financed in whole or in part by a loan, whether or not

secured by a mortgage, the repayment of which is guaranteed or insured

by the federal government or any agency thereof, or the state or any of

its political subdivisions or any agency thereof, provided that such a

housing accommodation shall be deemed to be publicly assisted only

during the life of such loan and guaranty or insurance, or (2) a

commitment, issued by a government agency after July first, nineteen

hundred fifty-five, is outstanding that acquisition of such housing

accommodations may be financed in whole or in part by a loan, whether or

not secured by a mortgage, the repayment of which is guaranteed or

insured by the federal government or any agency thereof, or the state or

any of its political subdivisions or any agency thereof.

12. The term "multiple dwelling", as herein used, means a dwelling

which is occupied, as a rule, for permanent residence purposes and which

is either sold, rented, leased, let or hired out, to be occupied as the

residence or home of three or more families living independently of each

other. A "multiple dwelling" shall not be deemed to include a hospital,

convent, monastery, asylum or public institution, or a fireproof

building used wholly for commercial purposes except for not more than

one janitor's apartment and not more than one penthouse occupied by not

more than two families. The term "family," as used herein, means either

a person occupying a dwelling and maintaining a household, with not more

than four boarders, roomers or lodgers, or two or more persons occupying

a dwelling, living together and maintaining a common household, with not

more than four boarders, roomers or lodgers. A "boarder," "roomer" or

"lodger" residing with a family means a person living within the

household who pays a consideration for such residence and does not

occupy such space within the household as an incident of employment

therein. Within the context of this definition, the terms "multiple

dwelling" and "multi-family dwelling" are interchangeable.

13. The term "commercial space" means any space in a building,

structure, or portion thereof which is used or occupied or is intended,

arranged or designed to be used or occupied for the manufacture, sale,

resale, processing, reprocessing, displaying, storing, handling,

garaging or distribution of personal property; and any space which is

used or occupied, or is intended, arranged or designed to be used or

occupied as a separate business or professional unit or office in any

building, structure or portion thereof.

14. The term "real estate broker" means any person, firm or

corporation who, for another and for a fee, commission or other valuable

consideration, lists for sale, sells, at auction or otherwise,

exchanges, buys or rents, or offers or attempts to negotiate a sale, at

auction or otherwise, exchange, purchase or rental of an estate or

interest in real estate, or collects or offers or attempts to collect

rent for the use of real estate, or negotiates, or offers or attempts to

negotiate, a loan secured or to be secured by a mortgage or other

incumbrance upon or transfer of real estate. In the sale of lots

pursuant to the provisions of article nine-a of the real property law,

the term "real estate broker" shall also include any person,

partnership, association or corporation employed by or on behalf of the

owner or owners of lots or other parcels of real estate, at a stated

salary, or upon a commission, or upon a salary and commission, or

otherwise, to sell such real estate, or any parts thereof, in lots or

other parcels, and who shall sell or exchange, or offer or attempt or

agree to negotiate the sale or exchange, of any such lot or parcel of

real estate.

15. The term "real estate salesperson" means a person employed by a

licensed real estate broker to list for sale, sell or offer for sale, at

auction or otherwise, to buy or offer to buy or to negotiate the

purchase or sale or exchange of real estate, or to negotiate a loan on

real estate, or to lease or rent or offer to lease, rent or place for

rent any real estate, or who collects or offers or attempts to collect

rent for the use of real estate for or in behalf of such real estate

broker.

16. The term "necessary party" means any person who has such an

interest in the subject matter of a proceeding under this article, or

whose rights are so involved, that no complete and effective disposition

can be made without his or her participation in the proceeding.

17. The term "parties to the proceeding" means the complainant,

respondent, necessary parties and persons permitted to intervene as

parties in a proceeding with respect to a complaint filed under this

article.

18. The term "hearing examiner" means an employee of the division who

shall be assigned for stated periods to no other work than the conduct

of hearings under this article;

19. The term "discrimination" shall include segregation and

separation.

20. The term "credit", when used in this article means the right

conferred upon a person by a creditor to incur debt and defer its

payment, whether or not any interest or finance charge is made for the

exercise of this right.

21. The term "disability" means (a) a physical, mental or medical

impairment resulting from anatomical, physiological, genetic or

neurological conditions which prevents the exercise of a normal bodily

function or is demonstrable by medically accepted clinical or laboratory

diagnostic techniques or (b) a record of such an impairment or (c) a

condition regarded by others as such an impairment, provided, however,

that in all provisions of this article dealing with employment, the term

shall be limited to disabilities which, upon the provision of reasonable

accommodations, do not prevent the complainant from performing in a

reasonable manner the activities involved in the job or occupation

sought or held.

21-a. "Predisposing genetic characteristic" shall mean any inherited

gene or chromosome, or alteration thereof, and determined by a genetic

test or inferred from information derived from an individual or family

member that is scientifically or medically believed to predispose an

individual or the offspring of that individual to a disease or

disability, or to be associated with a statistically significant

increased risk of development of a physical or mental disease or

disability.

21-b. "Genetic test" shall mean a test for determining the presence or

absence of an inherited genetic characteristic in an individual,

including tests of nucleic acids such as DNA, RNA and mitochondrial DNA,

chromosomes or proteins in order to identify a predisposing genetic

characteristic.

21-e. The term "reasonable accommodation" means actions taken which

permit an employee, prospective employee or member with a disability, or

a pregnancy-related condition, to perform in a reasonable manner the

activities involved in the job or occupation sought or held and include,

but are not limited to, provision of an accessible worksite, acquisition

or modification of equipment, support services for persons with impaired

hearing or vision, job restructuring and modified work schedules;

provided, however, that such actions do not impose an undue hardship on

the business, program or enterprise of the entity from which action is

requested.

21-f. The term "pregnancy-related condition" means a medical condition

related to pregnancy or childbirth that inhibits the exercise of a

normal bodily function or is demonstrable by medically accepted clinical

or laboratory diagnostic techniques, including but not limited to

lactation; provided, however, that in all provisions of this article

dealing with employment, the term shall be limited to conditions which,

upon the provision of reasonable accommodations, do not prevent the

complainant from performing in a reasonable manner the activities

involved in the job or occupation sought or held; and provided further,

however, that pregnancy-related conditions shall be treated as temporary

disabilities for the purposes of this article.

22. The term "creditor", when used in this article, means any person

or financial institution which does business in this state and which

extends credit or arranges for the extension of credit by others. The

term creditor includes, but is not limited to, banks and trust

companies, private bankers, foreign banking corporations and national

banks, savings banks, licensed lenders, savings and loan associations,

credit unions, sales finance companies, insurance premium finance

agencies, insurers, credit card issuers, mortgage brokers, mortgage

companies, mortgage insurance corporations, wholesale and retail

merchants and factors.

23. The term "credit reporting bureau", when used in this article,

means any person doing business in this state who regularly makes credit

reports, as such term is defined by subdivision e of section three

hundred seventy-one of the general business law.

24. The term "regulated creditor", when used in this article, means

any creditor, as herein defined, which has received its charter,

license, or organization certificate, as the case may be, from the

department of financial services or which is otherwise subject to the

supervision of the department of financial services.

25. The term "superintendent", when used in this article, means the

head of the department of financial services appointed pursuant to

section two hundred two of the financial services law.

26. The term "familial status", when used in this article, means:

(a) any person who is pregnant or has a child or is in the process of

securing legal custody of any individual who has not attained the age of

eighteen years, or

(b) one or more individuals (who have not attained the age of eighteen

years) being domiciled with:

(1) a parent or another person having legal custody of such individual

or individuals, or

(2) the designee of such parent.

27. The term "sexual orientation" means heterosexuality,

homosexuality, bisexuality or asexuality, whether actual or perceived.

28. The term "military status" when used in this article means a

person's participation in the military service of the United States or

the military service of the state, including but not limited to, the

armed forces of the United States, the army national guard, the air

national guard, the New York naval militia, the New York guard, and such

additional forces as may be created by the federal or state government

as authorized by law.

29. The term "reserve armed forces", when used in this article, means

service other than permanent, full-time service in the military forces

of the United States including but not limited to service in the United

States Army Reserve, the United States Naval Reserve, the United States

Marine Corps Reserve, the United States Air Force Reserve, or the United

States Coast Guard Reserve.

30. The term "organized militia of the state", when used in this

article, means service other than permanent, full-time service in the

military forces of the state of New York including but not limited to

the New York army national guard, the New York air national guard, the

New York naval militia and the New York guard.

34. The term "victim of domestic violence" shall have the same meaning

as is ascribed to such term by section four hundred fifty-nine-a of the

social services law.

35. The term "gender identity or expression" means a person's actual

or perceived gender-related identity, appearance, behavior, expression,

or other gender-related characteristic regardless of the sex assigned to

that person at birth, including, but not limited to, the status of being

transgender.

36. The term "lawful source of income" shall include, but not be

limited to, child support, alimony, foster care subsidies, income

derived from social security, or any form of federal, state, or local

public assistance or housing assistance including, but not limited to,

section 8 vouchers, or any other form of housing assistance payment or

credit whether or not such income or credit is paid or attributed

directly to a landlord, and any other forms of lawful income. The

provisions of this subdivision shall not be construed to prohibit the

use of criteria or qualifications of eligibility for the sale, rental,

leasing or occupancy of publicly-assisted housing accommodations where

such criteria or qualifications are required to comply with federal or

state law, or are necessary to obtain the benefits of a federal or state

program. A publicly assisted housing accommodation may include

eligibility criteria in statements, advertisements, publications or

applications, and may make inquiry or request information to the extent

necessary to determine eligibility.

37. The term "race" shall, for the purposes of this article include

traits historically associated with race, including but not limited to,

hair texture and protective hairstyles.

38. The term "private employer" as used in section two hundred

ninety-seven of this article shall include any person, company,

corporation, labor organization or association. It shall not include the

state or any local subdivision thereof, or any state or local

department, agency, board or commission.

39. The term "protective hairstyles" shall include, but not be limited

to, such hairstyles as braids, locks, and twists.

40. The term "educational institution" shall mean:

(a) any education corporation or association which holds itself out to

the public to be non-sectarian and exempt from taxation pursuant to the

provisions of article four of the real property tax law; or

(b) any for-profit entity that operates a college, university,

licensed private career school or certified English as a second language

school which holds itself out to the public to be non-sectarian and

which is not exempt from taxation pursuant to the provisions of article

four of the real property tax law; or

(c) any public school, including any school district, board of

cooperative educational services, public college or public university.

41. The term "citizenship or immigration status" means the citizenship

of any person or the immigration status of any person who is not a

citizen of the United States. Nothing in this article shall preclude

verification of citizenship or immigration status where required by law,

nor shall an adverse action based on verification of citizenship or

immigration status be prohibited where such adverse action is required

by law.

42. The term "real estate appraisal" shall have the same meaning as in

subdivision two of section one hundred sixty-a of this chapter.

Provided, however, that (a) real estate appraisals subject to this

article include those performed by any person or entity whose business

holds itself out as engaging in residential real estate appraisals,

regardless of whether or not such person or entity is certified or

licensed to provide real estate appraisals pursuant to the provisions of

article six-E of this chapter, and (b) for the purposes of this article,

the real estate appraisal includes all oral communications and all

written comments and other documents submitted as support for the

estimate, opinion of value, or analysis.

§ 293 — Division of human rights

Division of human rights. 1. There is hereby created in the

executive department a division of human rights hereinafter in this

article called the division. The head of such division shall be a

commissioner hereinafter in this article called the commissioner, who

shall be appointed by the governor, by and with the advice and consent

of the senate and shall hold office at the pleasure of the governor. The

commissioner shall be entitled to his or her expenses actually and

necessarily incurred by him or her in the performance of his or her

duties.

2. The commissioner may establish, consolidate, reorganize or abolish

such bureaus and other organizational units within the division as he or

she determines to be necessary for efficient operation.

§ 294 — General policies of division

General policies of division. The division shall formulate

policies to effectuate the purposes of this article and may make

recommendations to agencies and officers of the state or local

subdivisions of government in aid of such policies and purposes.

§ 294-a — Statewide campaign for the acceptance, inclusion, tolerance and understanding of diversity

Statewide campaign for the acceptance, inclusion, tolerance

and understanding of diversity. 1. The division shall develop and

implement a statewide campaign to increase awareness and promote the

acceptance, inclusion, tolerance and understanding of the diversity of

people of this state, including, but not limited to diversity based on

religion, race, color, creed, sex, ethnicity, national origin, age,

disability, sexual orientation, gender identity or expression. In the

development and implementation of such campaign, the division shall

adopt as its purpose, the combatting of bias, hatred and discrimination

in all their forms and the prevention of discrimination based on

religion, race, color, creed, sex, ethnicity, national origin, age,

disability, sexual orientation, gender identity or expression.

2. In order to effectuate the purpose of the campaign the division

shall:

a. coordinate and cooperate with public and private organizations,

including, but not limited to, local governments, community groups,

school districts, churches, charitable organizations, foundations and

other relevant groups;

b. develop educational materials to be published on the website of the

division, social media campaigns or other means determined to be the

most effective at reaching the public in a cost effective manner;

c. make information regarding such campaign available on the website

of the division; and

d. utilize other resources the division deems appropriate and any

other resources, private or public, identified by the division.

§ 295 — General powers and duties of division

General powers and duties of division. The division, by and

through the commissioner or his or her duly authorized officer or

employee, shall have the following functions, powers and duties:

1. To establish and maintain its principal office, and such other

offices within the state as it may deem necessary.

2. To function at any place within the state.

3. To appoint such officers, attorneys, clerks and other employees and

agents, consultants and special committees as it may deem necessary, fix

their compensation within the limitations provided by law, and prescribe

their duties.

4. To obtain upon request and utilize the services of all governmental

departments and agencies.

5. To adopt, promulgate, amend and rescind suitable rules and

regulations to carry out the provisions of this article, and the

policies and practices of the division in connection therewith.

6. (a) To receive, investigate and pass upon complaints alleging

violations of this article.

(b) Upon its own motion, to test and investigate and to make, sign and

file complaints alleging violations of this article and to initiate

investigations and studies to carry out the purposes of this article.

7. To hold hearings, to provide where appropriate for

cross-interrogatories, subpoena witnesses, compel their attendance,

administer oaths, take the testimony of any person under oath, and in

connection therewith, to require the production for examination of any

books or papers relating to any matter under investigation or in

question before the division. The division may make rules as to the

issuance of subpoenas which may be issued by the division at any stage

of any investigation or proceeding before it.

In any such investigation or hearing, the commissioner, or an officer

duly designated by the commissioner to conduct such investigation or

hearing, may confer immunity in accordance with the provisions of

section 50.20 of the criminal procedure law.

8. To create such advisory councils, local, regional or state-wide, as

in its judgment will aid in effectuating the purposes of this article

and of section eleven of article one of the constitution of this state,

and the division may empower them to study the problems of

discrimination in all or specific fields of human relationships or in

specific instances of discrimination because of age, race, creed, color,

national origin, sexual orientation, gender identity or expression,

military status, sex, disability or marital status and make

recommendations to the division for the development of policies and

procedures in general and in specific instances. The advisory councils

also shall disseminate information about the division's activities to

organizations and individuals in their localities. Such advisory

councils shall be composed of representative citizens, serving without

pay, but with reimbursement for actual and necessary traveling expenses;

and the division may make provision for technical and clerical

assistance to such councils and for the expenses of such assistance.

9. To develop human rights plans and policies for the state and assist

in their execution and to make investigations and studies appropriate to

effectuate this article and to issue such publications and such results

of investigations and research as in its judgement will tend to inform

persons of the rights assured and remedies provided under this article,

to promote good-will and minimize or eliminate discrimination because of

age, race, creed, color, national origin, sexual orientation, gender

identity or expression, military status, sex, disability or marital

status.

10. To render each year to the governor and to the legislature a full

written report of all its activities and of its recommendations.

11. To inquire into incidents of and conditions which may lead to

tension and conflict among racial, religious and nationality groups and

to take such action within the authority granted by law to the division,

as may be designed to alleviate such conditions, tension and conflict.

12. To furnish any person with such technical assistance as the

division deems appropriate to further compliance with the purposes or

provisions of this article.

13. To promote the creation of human rights agencies by counties,

cities, villages or towns in circumstances the division deems

appropriate.

14. To accept, with the approval of the governor, as agent of the

state, any grant, including federal grants, or any gift for any of the

purposes of this article. Any moneys so received may be expended by the

division to effectuate any purpose of this article, subject to the same

limitations as to approval of expenditures and audit as are prescribed

for state moneys appropriated for the purposes of this article.

15. To adopt an official seal.

16. To have concurrent jurisdiction with the New York city commission

on human rights over the administration and enforcement of title C of

chapter one of the administrative code of the city of New York.

17. To establish a dedicated telephone line to provide assistance to

individuals with complaints of housing discrimination. Such assistance

shall include, but not be limited to, directing individuals to resources

available to the public regarding housing discrimination. The division

shall operate such dedicated telephone line during regular business

hours and shall post the telephone number for such dedicated phone line

on the website of the division. The commissioner is hereby authorized

and directed to promulgate rules and regulations to effectuate the

purposes of this subdivision.

18. To establish a toll free confidential hotline to provide

individuals with complaints of workplace sexual harassment counsel and

assistance. The division shall operate this hotline during regular

business hours and disseminate information about this hotline in order

to ensure public knowledge of the hotline, including by working with the

department of labor to ensure that information on the hotline is

included in any materials employers must post or provide to employees

regarding sexual harassment. The division will work with organizations

representing attorneys, including but not limited to the New York state

bar association, to recruit attorneys experienced in providing counsel

related to sexual harassment matters who can provide pro bono assistance

and counsel to individuals that contact the hotline. The hotline shall

comply with all of the requirements for a program operated under the New

York Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in

limited pro bono legal service programs). Attorneys may not solicit, or

permit employees or agents of the attorneys to solicit on the attorney's

behalf, further representation of any individuals they advise through

the hotline relating to discussed sexual harassment complaint.

§ 296 — Unlawful discriminatory practices

Unlawful discriminatory practices. 1. It shall be an unlawful

discriminatory practice:

(a) For an employer or licensing agency, because of an individual's

age, race, creed, color, national origin, citizenship or immigration

status, sexual orientation, gender identity or expression, military

status, sex, disability, predisposing genetic characteristics, familial

status, marital status, or status as a victim of domestic violence, to

refuse to hire or employ or to bar or to discharge from employment such

individual or to discriminate against such individual in compensation or

in terms, conditions or privileges of employment.

(b) For an employment agency to discriminate against any individual

because of age, race, creed, color, national origin, citizenship or

immigration status, sexual orientation, gender identity or expression,

military status, sex, disability, predisposing genetic characteristics,

familial status, marital status, or status as a victim of domestic

violence, in receiving, classifying, disposing or otherwise acting upon

applications for its services or in referring an applicant or applicants

to an employer or employers.

(c) For a labor organization, because of the age, race, creed, color,

national origin, citizenship or immigration status, sexual orientation,

gender identity or expression, military status, sex, disability,

predisposing genetic characteristics, familial status, marital status,

or status as a victim of domestic violence, of any individual, to

exclude or to expel from its membership such individual or to

discriminate in any way against any of its members or against any

employer or any individual employed by an employer.

(d) For any employer or employment agency to print or circulate or

cause to be printed or circulated any statement, advertisement or

publication, or to use any form of application for employment or to make

any inquiry in connection with prospective employment, which expresses

directly or indirectly, any limitation, specification or discrimination

as to age, race, creed, color, national origin, citizenship or

immigration status, sexual orientation, gender identity or expression,

military status, sex, disability, predisposing genetic characteristics,

familial status, marital status, or status as a victim of domestic

violence, or any intent to make any such limitation, specification or

discrimination, unless based upon a bona fide occupational

qualification; provided, however, that neither this paragraph nor any

provision of this chapter or other law shall be construed to prohibit

the department of civil service or the department of personnel of any

city containing more than one county from requesting information from

applicants for civil service examinations concerning any of the

aforementioned characteristics, other than sexual orientation, for the

purpose of conducting studies to identify and resolve possible problems

in recruitment and testing of members of minority groups to ensure the

fairest possible and equal opportunities for employment in the civil

service for all persons, regardless of age, race, creed, color, national

origin, citizenship or immigration status, sexual orientation or gender

identity or expression, military status, sex, disability, predisposing

genetic characteristics, familial status, or marital status.

(e) For any employer, labor organization or employment agency to

discharge, expel or otherwise discriminate against any person because he

or she has opposed any practices forbidden under this article or because

he or she has filed a complaint, testified or assisted in any proceeding

under this article.

(f) Nothing in this subdivision shall affect any restrictions upon the

activities of persons licensed by the state liquor authority with

respect to persons under twenty-one years of age.

(g) For an employer to compel an employee who is pregnant to take a

leave of absence, unless the employee is prevented by such pregnancy

from performing the activities involved in the job or occupation in a

reasonable manner.

(h) For an employer, licensing agency, employment agency or labor

organization to subject any individual to harassment because of an

individual's age, race, creed, color, national origin, citizenship or

immigration status, sexual orientation, gender identity or expression,

military status, sex, disability, predisposing genetic characteristics,

familial status, marital status, status as a victim of domestic

violence, or because the individual has opposed any practices forbidden

under this article or because the individual has filed a complaint,

testified or assisted in any proceeding under this article, regardless

of whether such harassment would be considered severe or pervasive under

precedent applied to harassment claims. Such harassment is an unlawful

discriminatory practice when it subjects an individual to inferior

terms, conditions or privileges of employment because of the

individual's membership in one or more of these protected categories.

The fact that such individual did not make a complaint about the

harassment to such employer, licensing agency, employment agency or

labor organization shall not be determinative of whether such employer,

licensing agency, employment agency or labor organization shall be

liable. Nothing in this section shall imply that an employee must

demonstrate the existence of an individual to whom the employee's

treatment must be compared. It shall be an affirmative defense to

liability under this subdivision that the harassing conduct does not

rise above the level of what a reasonable victim of discrimination with

the same protected characteristic or characteristics would consider

petty slights or trivial inconveniences.

1-a. It shall be an unlawful discriminatory practice for an employer,

labor organization, employment agency or any joint labor-management

committee controlling apprentice training programs:

(a) To select persons for an apprentice training program registered

with the state of New York on any basis other than their qualifications,

as determined by objective criteria which permit review;

(b) To deny to or withhold from any person because of race, creed,

color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, sex, age,

disability, familial status, marital status, or status as a victim of

domestic violence, the right to be admitted to or participate in a

guidance program, an apprenticeship training program, on-the-job

training program, executive training program, or other occupational

training or retraining program;

(c) To discriminate against any person in his or her pursuit of such

programs or to discriminate against such a person in the terms,

conditions or privileges of such programs because of race, creed, color,

national origin, citizenship or immigration status, sexual orientation,

gender identity or expression, military status, sex, age, disability,

familial status, marital status, or status as a victim of domestic

violence;

(d) To print or circulate or cause to be printed or circulated any

statement, advertisement or publication, or to use any form of

application for such programs or to make any inquiry in connection with

such program which expresses, directly or indirectly, any limitation,

specification or discrimination as to race, creed, color, national

origin, citizenship or immigration status, sexual orientation, gender

identity or expression, military status, sex, age, disability, familial

status, marital status, or status as a victim of domestic violence, or

any intention to make any such limitation, specification or

discrimination, unless based on a bona fide occupational qualification.

2. (a) It shall be an unlawful discriminatory practice for any person,

being the owner, lessee, proprietor, manager, superintendent, agent or

employee of any place of public accommodation, resort or amusement,

because of the race, creed, color, national origin, citizenship or

immigration status, sexual orientation, gender identity or expression,

military status, sex, disability, marital status, or status as a victim

of domestic violence, of any person, directly or indirectly, to refuse,

withhold from or deny to such person any of the accommodations,

advantages, facilities or privileges thereof, including the extension of

credit, or, directly or indirectly, to publish, circulate, issue,

display, post or mail any written or printed communication, notice or

advertisement, to the effect that any of the accommodations, advantages,

facilities and privileges of any such place shall be refused, withheld

from or denied to any person on account of race, creed, color, national

origin, citizenship or immigration status, sexual orientation, gender

identity or expression, military status, sex, disability or marital

status, or that the patronage or custom thereat of any person of or

purporting to be of any particular race, creed, color, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, sex or marital status, or having a

disability is unwelcome, objectionable or not acceptable, desired or

solicited.

(b) Nothing in this subdivision shall be construed to prevent the

barring of any person, because of the sex of such person, from places of

public accommodation, resort or amusement if the division grants an

exemption based on bona fide considerations of public policy; nor shall

this subdivision apply to the rental of rooms in a housing accommodation

which restricts such rental to individuals of one sex.

(c) For the purposes of paragraph (a) of this subdivision,

"discriminatory practice" includes:

(i) a refusal to make reasonable modifications in policies, practices,

or procedures, when such modifications are necessary to afford

facilities, privileges, advantages or accommodations to individuals with

disabilities, unless such person can demonstrate that making such

modifications would fundamentally alter the nature of such facilities,

privileges, advantages or accommodations;

(ii) a refusal to take such steps as may be necessary to ensure that

no individual with a disability is excluded or denied services because

of the absence of auxiliary aids and services, unless such person can

demonstrate that taking such steps would fundamentally alter the nature

of the facility, privilege, advantage or accommodation being offered or

would result in an undue burden;

(iii) a refusal to remove architectural barriers, and communication

barriers that are structural in nature, in existing facilities, and

transportation barriers in existing vehicles and rail passenger cars

used by an establishment for transporting individuals (not including

barriers that can only be removed through the retrofitting of vehicles

or rail passenger cars by the installation of a hydraulic or other

lift), where such removal is readily achievable;

(iv) where such person is a local or state government entity, a

refusal to remove architectural barriers, and communication barriers

that are structural in nature, in existing facilities, and

transportation barriers in existing vehicles and rail passenger cars

used by an establishment for transporting individuals (not including

barriers that can only be removed through the retrofitting of vehicles

or rail passenger cars by the installation of a hydraulic or other

lift), where such removal does not constitute an undue burden; except as

set forth in paragraph (e) of this subdivision; nothing in this section

would require a public entity to: necessarily make each of its existing

facilities accessible to and usable by individuals with disabilities;

take any action that would threaten or destroy the historical

significance of an historic property; or to make structural changes in

existing facilities where other methods are effective in achieving

compliance with this section; and

(v) where such person can demonstrate that the removal of a barrier

under subparagraph (iii) of this paragraph is not readily achievable, a

failure to make such facilities, privileges, advantages or

accommodations available through alternative methods if such methods are

readily achievable.

(d) For the purposes of this subdivision:

(i) "Readily achievable" means easily accomplishable and able to be

carried out without much difficulty or expense. In determining whether

an action is readily achievable, factors to be considered include:

(A) the nature and cost of the action needed under this subdivision;

(B) the overall financial resources of the facility or facilities

involved in the action; the number of persons employed at such facility;

the effect on expenses and resources or the impact otherwise of such

action upon the operation of the facility;

(C) the overall financial resources of the place of public

accommodation, resort or amusement; the overall size of the business of

such a place with respect to the number of its employees; the number,

type and location of its facilities; and

(D) the type of operation or operations of the place of public

accommodation, resort or amusement, including the composition, structure

and functions of the workforce of such place; the geographic

separateness, administrative or fiscal relationship of the facility or

facilities in question to such place.

(ii) "Auxiliary aids and services" include:

(A) qualified interpreters or other effective methods of making

aurally delivered materials available to individuals with hearing

impairments;

(B) qualified readers, taped texts or other effective methods of

making visually delivered materials available to individuals with visual

impairments;

(C) acquisition or modification of equipment or devices; and

(D) other similar services and actions.

(iii) "Undue burden" means significant difficulty or expense. In

determining whether an action would result in an undue burden, factors

to be considered shall include:

(A) The nature and cost of the action needed under this article;

(B) The overall financial resources of the site or sites involved in

the action; the number of persons employed at the site; the effect on

expenses and resources; legitimate safety requirements that are

necessary for safe operation, including crime prevention measures; or

the impact otherwise of the action upon the operation of the site;

(C) The geographic separateness, and the administrative or fiscal

relationship of the site or sites in question to any parent corporation

or entity;

(D) If applicable, the overall financial resources of any parent

corporation or entity; the overall size of the parent corporation or

entity with respect to the number of its employees; the number, type,

and location of its facilities; and

(E) If applicable, the type of operation or operations of any parent

corporation or entity, including the composition, structure, and

functions of the workforce of the parent corporation or entity.

(iv) "Reasonable modifications in policies, practices, procedures"

includes modification to permit the use of a service animal by a person

with a disability, consistent with federal regulations implementing the

Americans with Disabilities Act, Title III, at 28 CFR 36.302(c).

(e) Paragraphs (c) and (d) of this subdivision do not apply to any air

carrier, the National Railroad Passenger Corporation, or public

transportation facilities, vehicles or services owned, leased or

operated by the state, a county, city, town or village, or any agency

thereof, or by any public benefit corporation or authority.

2-a. It shall be an unlawful discriminatory practice for the owner,

lessee, sub-lessee, assignee, or managing agent of publicly-assisted

housing accommodations or other person having the right of ownership or

possession of or the right to rent or lease such accommodations:

(a) To refuse to sell, rent or lease or otherwise to deny to or

withhold from any person or group of persons such housing accommodations

because of the race, creed, color, disability, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, age, sex, marital status, status as a

victim of domestic violence, lawful source of income or familial status

of such person or persons, or to represent that any housing

accommodation or land is not available for inspection, sale, rental or

lease when in fact it is so available.

(b) To discriminate against any person because of his or her race,

creed, color, disability, national origin, citizenship or immigration

status, sexual orientation, gender identity or expression, military

status, age, sex, marital status, status as a victim of domestic

violence, lawful source of income or familial status in the terms,

conditions or privileges of any publicly-assisted housing accommodations

or in the furnishing of facilities or services in connection therewith.

(c) To cause to be made any written or oral inquiry or record

concerning the race, creed, color, disability, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, membership in the reserve armed forces of the United

States or in the organized militia of the state, age, sex, marital

status, status as a victim of domestic violence, lawful source of income

or familial status of a person seeking to rent or lease any

publicly-assisted housing accommodation; provided, however, that nothing

in this subdivision shall prohibit a member of the reserve armed forces

of the United States or in the organized militia of the state from

voluntarily disclosing such membership.

(c-1) To print or circulate or cause to be printed or circulated any

statement, advertisement or publication, or to use any form of

application for the purchase, rental or lease of such housing

accommodation or to make any record or inquiry in connection with the

prospective purchase, rental or lease of such a housing accommodation

which expresses, directly or indirectly, any limitation, specification

or discrimination as to race, creed, color, national origin, citizenship

or immigration status, sexual orientation, gender identity or

expression, military status, sex, age, disability, marital status,

status as a victim of domestic violence, lawful source of income or

familial status, or any intent to make any such limitation,

specification or discrimination.

(d) (1) To refuse to permit, at the expense of the person with a

disability, reasonable modifications of existing premises occupied or to

be occupied by the said person, if the modifications may be necessary to

afford the said person full enjoyment of the premises, in conformity

with the provisions of the New York state uniform fire prevention and

building code, except that, in the case of a rental, the landlord may,

where it is reasonable to do so, condition permission for a modification

on the renter's agreeing to restore the interior of the premises to the

condition that existed before the modification, reasonable wear and tear

excepted.

(2) To refuse to make reasonable accommodations in rules, policies,

practices, or services, when such accommodations may be necessary to

afford a person with a disability equal opportunity to use and enjoy a

dwelling, including the use of an animal as a reasonable accommodation

to alleviate symptoms or effects of a disability, and including

reasonable modification to common use portions of the dwelling, or

(3) In connection with the design and construction of covered

multi-family dwellings for first occupancy after March thirteenth,

nineteen hundred ninety-one, a failure to design and construct dwellings

in accordance with the accessibility requirements of the New York state

uniform fire prevention and building code, to provide that:

(i) The public use and common use portions of the dwellings are

readily accessible to and usable by disabled persons with disabilities;

(ii) All the doors are designed in accordance with the New York state

uniform fire prevention and building code to allow passage into and

within all premises and are sufficiently wide to allow passage by

persons in wheelchairs; and

(iii) All premises within covered multi-family dwelling units contain

an accessible route into and through the dwelling; light switches,

electrical outlets, thermostats, and other environmental controls are in

accessible locations; there are reinforcements in the bathroom walls to

allow later installation of grab bars; and there are usable kitchens and

bathrooms such that an individual in a wheelchair can maneuver about the

space, in conformity with the New York state uniform fire prevention and

building code.

(e) Nothing in this subdivision shall restrict the consideration of

age in the rental of publicly-assisted housing accommodations if the

division grants an exemption based on bona fide considerations of public

policy for the purpose of providing for the special needs of a

particular age group without the intent of prejudicing other age groups.

(f) Nothing in this subdivision shall be deemed to restrict the rental

of rooms in school or college dormitories to individuals of the same

sex.

3. (a) It shall be an unlawful discriminatory practice for an

employer, licensing agency, employment agency or labor organization to

refuse to provide reasonable accommodations to the known disabilities,

or pregnancy-related conditions, of an employee, prospective employee or

member in connection with a job or occupation sought or held or

participation in a training program.

(b) Nothing contained in this subdivision shall be construed to

require provision of accommodations which can be demonstrated to impose

an undue hardship on the operation of an employer's, licensing agency's,

employment agency's or labor organization's business, program or

enterprise.

In making such a demonstration with regard to undue hardship the

factors to be considered include:

(i) The overall size of the business, program or enterprise with

respect to the number of employees, number and type of facilities, and

size of budget;

(ii) The type of operation which the business, program or enterprise

is engaged in, including the composition and structure of the workforce;

and

(iii) The nature and cost of the accommodation needed.

(c) Nothing in this subdivision regarding "reasonable accommodation"

or in the chapter of the laws of two thousand fifteen which added this

paragraph shall alter, diminish, increase, or create new or additional

requirements to accommodate protected classes pursuant to this article

other than the additional requirements as explicitly set forth in such

chapter of the laws of two thousand fifteen.

(d) The employee must cooperate in providing medical or other

information that is necessary to verify the existence of the disability

or pregnancy-related condition, or that is necessary for consideration

of the accommodation. The employee has a right to have such medical

information kept confidential.

3-a. It shall be an unlawful discriminatory practice:

(a) For an employer or licensing agency to refuse to hire or employ or

license or to bar or to terminate from employment an individual eighteen

years of age or older, or to discriminate against such individual in

promotion, compensation or in terms, conditions, or privileges of

employment, because of such individual's age.

(b) For any employer, licensing agency or employment agency to print

or circulate or cause to be printed or circulated any statement,

advertisement or publication, or to use any form of application for

employment or to make any inquiry in connection with prospective

employment, which expresses, directly or indirectly, any limitation,

specification or discrimination on account of age respecting individuals

eighteen years of age or older, or any intent to make any such

limitation, specification, or discrimination.

(c) For any employer, licensing agency or employment agency to

discharge or otherwise discriminate against any person because he or she

has opposed any practices forbidden under this article or because he or

she has filed a complaint, testified or assisted in any proceeding under

this article.

(d) Notwithstanding any other provision of law, no employee shall be

subject to termination or retirement from employment on the basis of

age, except where age is a bona fide occupational qualification

reasonably necessary to the normal operation of a particular business,

where the differentiation is based on reasonable factors other than age,

or as otherwise specified in paragraphs (e) and (f) of this subdivision

or in article fourteen-A of the retirement and social security law.

(e) Nothing contained in this subdivision or in subdivision one of

this section shall be construed to prevent the compulsory retirement of

any employee who has attained sixty-five years of age, and who, for a

two-year period immediately before retirement, is employed in a bona

fide executive or a high policymaking position, if such employee is

entitled to an immediate nonforfeitable annual retirement benefit from a

pension, profit-sharing, savings, or deferred compensation plan, or any

combination of such plans, of the employer of such employee, which

equals, in the aggregate, at least forty-four thousand dollars; provided

that for the purposes of this paragraph only, the term "employer"

includes any employer as otherwise defined in this article but does not

include (i) the state of New York, (ii) a county, city, town, village or

any other political subdivision or civil division of the state, (iii) a

school district or any other governmental entity operating a public

school, college or university, (iv) a public improvement or special

district, (v) a public authority, commission or public benefit

corporation, or (vi) any other public corporation, agency,

instrumentality or unit of government which exercises governmental power

under the laws of the state. In applying the retirement benefit test of

this paragraph, if any such retirement benefit is in a form other than a

straight life annuity with no ancillary benefits, or if employees

contribute to any such plan or make rollover contributions, such benefit

shall be adjusted in accordance with rules and regulations promulgated

by the division, after an opportunity for public hearing, so that the

benefit is the equivalent of a straight life annuity with no ancillary

benefits under a plan to which employees do not contribute and under

which no rollover contributions are made.

(f) Nothing contained in this subdivision, in subdivision one of this

section or in article fourteen-A of the retirement and social security

law shall be construed to prevent the compulsory retirement of any

employee who has attained seventy years of age and is serving under a

contract for unlimited tenure, or a similar arrangement providing for

unlimited tenure, at a nonpublic institution of higher education. For

purposes of such subdivisions or article, the term "institution of

higher education" means an educational institution which (i) admits as

regular students only persons having a certificate of graduation from a

school providing secondary education, or the recognized equivalent of

such a certificate, (ii) is lawfully authorized to provide a program of

education beyond secondary education, and (iii) provides an educational

program for which it awards a bachelor's degree or provides not less

than a two-year program which is acceptable for full credit toward such

a degree.

(g) In the event of a conflict between the provisions of this

subdivision and the provisions of article fourteen-A of the retirement

and social security law, the provisions of article fourteen-A of such

law shall be controlling.

But nothing contained in this subdivision, in subdivision one of this

section or in article fourteen-A of the retirement and social security

law shall be construed to prevent the termination of the employment of

any person who, even upon the provision of reasonable accommodations, is

physically unable to perform his or her duties or to affect the

retirement policy or system of any employer where such policy or system

is not merely a subterfuge to evade the purposes of said subdivisions or

said article; nor shall anything in such subdivisions or such article be

deemed to preclude the varying of insurance coverages according to an

employee's age.

The provisions of this subdivision shall not affect any restriction

upon the activities of persons licensed by the state liquor authority

with respect to persons under twenty-one years of age.

3-b. It shall be an unlawful discriminatory practice for any real

estate broker, real estate salesperson or employee or agent thereof or

any other individual, corporation, partnership or organization for the

purpose of inducing a real estate transaction from which any such person

or any of its stockholders or members may benefit financially, to

represent that a change has occurred or will or may occur in the

composition with respect to race, creed, color, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, sex, disability, marital status, status

as a victim of domestic violence, or familial status of the owners or

occupants in the block, neighborhood or area in which the real property

is located, and to represent, directly or indirectly, that this change

will or may result in undesirable consequences in the block,

neighborhood or area in which the real property is located, including

but not limited to the lowering of property values, an increase in

criminal or anti-social behavior, or a decline in the quality of schools

or other facilities.

4. It shall be an unlawful discriminatory practice for an educational

institution to deny the use of its facilities to any person otherwise

qualified, or to permit the harassment of any student or applicant, by

reason of his race, color, religion, disability, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, sex, age, marital status, or status as a

victim of domestic violence, except that any such institution which

establishes or maintains a policy of educating persons of one sex

exclusively may admit students of only one sex.

5. (a) It shall be an unlawful discriminatory practice for the owner,

lessee, sub-lessee, assignee, or managing agent of, or other person

having the right to sell, rent or lease a housing accommodation,

constructed or to be constructed, or any agent or employee thereof:

(1) To refuse to sell, rent, lease or otherwise to deny to or withhold

from any person or group of persons such a housing accommodation because

of the race, creed, color, national origin, citizenship or immigration

status, sexual orientation, gender identity or expression, military

status, sex, age, disability, marital status, status as a victim of

domestic violence, lawful source of income or familial status of such

person or persons, or to represent that any housing accommodation or

land is not available for inspection, sale, rental or lease when in fact

it is so available.

(2) To discriminate against any person because of race, creed, color,

national origin, citizenship or immigration status, sexual orientation,

gender identity or expression, military status, sex, age, disability,

marital status, status as a victim of domestic violence, lawful source

of income or familial status in the terms, conditions or privileges of

the sale, rental or lease of any such housing accommodation or in the

furnishing of facilities or services in connection therewith.

(3) To print or circulate or cause to be printed or circulated any

statement, advertisement or publication, or to use any form of

application for the purchase, rental or lease of such housing

accommodation or to make any record or inquiry in connection with the

prospective purchase, rental or lease of such a housing accommodation

which expresses, directly or indirectly, any limitation, specification

or discrimination as to race, creed, color, national origin, citizenship

or immigration status, sexual orientation, gender identity or

expression, military status, sex, age, disability, marital status,

status as a victim of domestic violence, lawful source of income or

familial status, or any intent to make any such limitation,

specification or discrimination.

(4) (i) The provisions of subparagraphs one and two of this paragraph

shall not apply (1) to the rental of a housing accommodation in a

building which contains housing accommodations for not more than two

families living independently of each other, if the owner resides in one

of such housing accommodations, (2) to the restriction of the rental of

all rooms in a housing accommodation to individuals of the same sex or

(3) to the rental of a room or rooms in a housing accommodation, if such

rental is by the occupant of the housing accommodation or by the owner

of the housing accommodation and the owner resides in such housing

accommodation or (4) solely with respect to age and familial status to

the restriction of the sale, rental or lease of housing accommodations

exclusively to persons sixty-two years of age or older and the spouse of

any such person, or for housing intended and operated for occupancy by

at least one person fifty-five years of age or older per unit. In

determining whether housing is intended and operated for occupancy by

persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.

3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,

shall apply. However, such rental property shall no longer be exempt

from the provisions of subparagraphs one and two of this paragraph if

there is unlawful discriminatory conduct pursuant to subparagraph three

of this paragraph.

(ii) The provisions of subparagraphs one, two, and three of this

paragraph shall not apply (1) to the restriction of the rental of all

rooms in a housing accommodation to individuals of the same sex, (2) to

the rental of a room or rooms in a housing accommodation, if such rental

is by the occupant of the housing accommodation or by the owner of the

housing accommodation and the owner resides in such housing

accommodation, or (3) solely with respect to age and familial status to

the restriction of the sale, rental or lease of housing accommodations

exclusively to persons sixty-two years of age or older and the spouse of

any such person, or for housing intended and operated for occupancy by

at least one person fifty-five years of age or older per unit. In

determining whether housing is intended and operated for occupancy by

persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.

3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,

shall apply.

(b) It shall be an unlawful discriminatory practice for the owner,

lessee, sub-lessee, or managing agent of, or other person having the

right of ownership or possession of or the right to sell, rent or lease,

land or commercial space:

(1) To refuse to sell, rent, lease or otherwise deny to or withhold

from any person or group of persons land or commercial space because of

the race, creed, color, national origin, citizenship or immigration

status, sexual orientation, gender identity or expression, military

status, sex, age, disability, marital status, status as a victim of

domestic violence, or familial status of such person or persons, or to

represent that any housing accommodation or land is not available for

inspection, sale, rental or lease when in fact it is so available;

(2) To discriminate against any person because of race, creed, color,

national origin, citizenship or immigration status, sexual orientation,

gender identity or expression, military status, sex, age, disability,

marital status, status as a victim of domestic violence, or familial

status in the terms, conditions or privileges of the sale, rental or

lease of any such land or commercial space; or in the furnishing of

facilities or services in connection therewith;

(3) To print or circulate or cause to be printed or circulated any

statement, advertisement or publication, or to use any form of

application for the purchase, rental or lease of such land or commercial

space or to make any record or inquiry in connection with the

prospective purchase, rental or lease of such land or commercial space

which expresses, directly or indirectly, any limitation, specification

or discrimination as to race, creed, color, national origin, citizenship

or immigration status, sexual orientation, gender identity or

expression, military status, sex, age, disability, marital status,

status as a victim of domestic violence, or familial status; or any

intent to make any such limitation, specification or discrimination.

(4) With respect to age and familial status, the provisions of this

paragraph shall not apply to the restriction of the sale, rental or

lease of land or commercial space exclusively to persons fifty-five

years of age or older and the spouse of any such person, or to the

restriction of the sale, rental or lease of land to be used for the

construction, or location of housing accommodations exclusively for

persons sixty-two years of age or older, or intended and operated for

occupancy by at least one person fifty-five years of age or older per

unit. In determining whether housing is intended and operated for

occupancy by persons fifty-five years of age or older, Sec. 807(b) (2)

(c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,

as amended, shall apply.

(c) It shall be an unlawful discriminatory practice for any real

estate broker, real estate salesperson or employee or agent thereof:

(1) To refuse to sell, rent or lease any housing accommodation, land

or commercial space to any person or group of persons or to refuse to

negotiate for the sale, rental or lease, of any housing accommodation,

land or commercial space to any person or group of persons because of

the race, creed, color, national origin, citizenship or immigration

status, sexual orientation, gender identity or expression, military

status, sex, age, disability, marital status, status as a victim of

domestic violence, lawful source of income or familial status of such

person or persons, or to represent that any housing accommodation, land

or commercial space is not available for inspection, sale, rental or

lease when in fact it is so available, or otherwise to deny or withhold

any housing accommodation, land or commercial space or any facilities of

any housing accommodation, land or commercial space from any person or

group of persons because of the race, creed, color, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, sex, age, disability, marital status,

lawful source of income or familial status of such person or persons.

(2) To print or circulate or cause to be printed or circulated any

statement, advertisement or publication, or to use any form of

application for the purchase, rental or lease of any housing

accommodation, land or commercial space or to make any record or inquiry

in connection with the prospective purchase, rental or lease of any

housing accommodation, land or commercial space which expresses,

directly or indirectly, any limitation, specification, or discrimination

as to race, creed, color, national origin, citizenship or immigration

status, sexual orientation, gender identity or expression, military

status, sex, age, disability, marital status, status as a victim of

domestic violence, lawful source of income or familial status; or any

intent to make any such limitation, specification or discrimination.

(3) With respect to age and familial status, the provisions of this

paragraph shall not apply to the restriction of the sale, rental or

lease of any housing accommodation, land or commercial space exclusively

to persons fifty-five years of age or older and the spouse of any such

person, or to the restriction of the sale, rental or lease of any

housing accommodation or land to be used for the construction or

location of housing accommodations for persons sixty-two years of age or

older, or intended and operated for occupancy by at least one person

fifty-five years of age or older per unit. In determining whether

housing is intended and operated for occupancy by persons fifty-five

years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c))

of the federal Fair Housing Act of 1988, as amended, shall apply.

(d) It shall be an unlawful discriminatory practice for any real

estate board, because of the race, creed, color, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, age, sex, disability, marital status,

status as a victim of domestic violence, lawful source of income or

familial status of any individual who is otherwise qualified for

membership, to exclude or expel such individual from membership, or to

discriminate against such individual in the terms, conditions and

privileges of membership in such board.

(e) It shall be an unlawful discriminatory practice for the owner,

proprietor or managing agent of, or other person having the right to

provide care and services in, a private proprietary nursing home,

convalescent home, or home for adults, or an intermediate care facility,

as defined in section two of the social services law, heretofore

constructed, or to be constructed, or any agent or employee thereof, to

refuse to provide services and care in such home or facility to any

individual or to discriminate against any individual in the terms,

conditions, and privileges of such services and care solely because such

individual is a blind person. For purposes of this paragraph, a "blind

person" shall mean a person who is registered as a blind person with the

commission for the visually handicapped and who meets the definition of

a "blind person" pursuant to section three of chapter four hundred

fifteen of the laws of nineteen hundred thirteen entitled "An act to

establish a state commission for improving the condition of the blind of

the state of New York, and making an appropriation therefor".

(f) The provisions of this subdivision, as they relate to age, shall

not apply to persons under the age of eighteen years.

(g) It shall be an unlawful discriminatory practice for any person

offering or providing housing accommodations, land or commercial space

as described in paragraphs (a), (b), and (c) of this subdivision to make

or cause to be made any written or oral inquiry or record concerning

membership of any person in the state organized militia in relation to

the purchase, rental or lease of such housing accommodation, land, or

commercial space, provided, however, that nothing in this subdivision

shall prohibit a member of the state organized militia from voluntarily

disclosing such membership.

(h) It shall be an unlawful discriminatory practice for any person to

discriminate against any individual in making real estate appraisal

services available or to base a real estate appraisal, estimate, or

opinion of value on the race, creed, color, national origin, citizenship

or immigration status, sexual orientation, gender identity or

expression, military status, sex, age, disability, marital status,

status as a victim of domestic violence, lawful source of income, or

familial status of either the prospective owners or occupants of the

real property, the present owners or occupants of the real property, or

the present owners or occupants of the real properties in the vicinity

of the property. Nothing in this section shall prohibit a real estate

appraiser from taking into consideration factors other than race, creed,

color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, sex, age,

disability, marital status, status as a victim of domestic violence,

lawful source of income, or familial status.

5-a. (a) For any case alleging housing discrimination under this

article, an unlawful discriminatory practice may be established by a

practice's discriminatory effect, even if such practice was not

motivated by a discriminatory intent. The practice may still be lawful

if supported by a legally sufficient justification, as defined in

paragraph (c) of this subdivision.

(b) For the purposes of this subdivision, a practice has a

discriminatory effect where it actually or predictably results in a

disparate impact on a group of persons or creates, increases,

reinforces, or perpetuates segregated housing patterns because of race,

creed, color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, sex, age,

disability, marital status, status as a victim of domestic violence,

lawful source of income or familial.

(c) (1) A legally sufficient justification exists where the challenged

practice:

(i) is necessary to achieve one or more substantial, legitimate,

nondiscriminatory interests of the respondent; and

(ii) those interests could not be served by another practice that has

a less discriminatory effect.

(2) A legally sufficient justification shall be supported by evidence

and may not be hypothetical or speculative. The burdens of proof for

establishing each of the two elements of a legally sufficient

justification are set forth in paragraph (d) of this subdivision.

(d) (1) The complainant shall have the burden of proving that a

challenged practice caused or predictably will cause a discriminatory

effect.

(2) Once the complainant satisfies the burden of proof set forth in

subparagraph one of this paragraph, the respondent shall have the burden

of proving that the challenged practice is necessary to achieve one or

more substantial, legitimate, nondiscriminatory interests of the

respondent.

(3) If the respondent satisfies the burden of proof set forth in

subparagraph two of this paragraph, the complainant may still prevail

upon proving that the substantial, legitimate, nondiscriminatory

interests supporting the challenged practice could be served by another

practice that has a less discriminatory effect.

(e) A demonstration that a practice is supported by a legally

sufficient justification, as defined in paragraph (c) of this

subdivision, may not be used as a defense against a claim of intentional

discrimination.

(f) Nothing in this subdivision shall be construed or interpreted as

limiting, restricting, overriding, or supplanting any broader

interpretation of the discriminatory practices described in this article

or the availability of liability under this article.

5-b. (a) For any case alleging employment discrimination under this

article, an unlawful discriminatory practice may be established by a

practice's discriminatory effect, even if such practice was not

motivated by a discriminatory intent. The practice may still be lawful

if supported by a legally sufficient justification, as defined in

paragraph (c) of this subdivision.

(b) For the purposes of this subdivision, a practice has a

discriminatory effect where it actually or predictably results in a

disparate impact on a group of persons, because of their membership in a

class protected under this section.

(c) (i) A legally sufficient justification exists where the challenged

practice:

(A) is job related for the position in question and consistent with

business necessity; and

(B) that the business necessity could not be served by another

practice that has a less discriminatory effect.

(ii) A legally sufficient justification shall be supported by evidence

and may not be hypothetical or speculative. The burdens of proof for

establishing each of the two elements of a legally sufficient

justification are set forth in paragraph (d) of this subdivision.

(d) (i) The complainant shall have the burden of proving that a

challenged practice caused or predictably will cause a discriminatory

effect.

(ii) Once the complainant satisfies the burden of proof set forth in

subparagraph one of this paragraph, the respondent shall have the burden

of proving that the challenged practice is job related for the position

in question and consistent with business necessity.

(iii) If the respondent satisfies the burden of proof set forth in

subparagraph two of this paragraph, the complainant may still prevail

upon proving that the business necessity could be served by another

practice that has a less discriminatory effect.

(e) A demonstration that a practice is supported by a legally

sufficient justification, as defined in paragraph (c) of this

subdivision, may not be used as a defense against a claim of intentional

discrimination.

(f) Nothing in this subdivision shall be construed or interpreted as

limiting, restricting, overriding, or supplanting any broader

interpretation of the discriminatory practices described in this article

or the availability of liability under this article.

6. It shall be an unlawful discriminatory practice for any person to

aid, abet, incite, compel or coerce the doing of any of the acts

forbidden under this article, or to attempt to do so.

7. It shall be an unlawful discriminatory practice for any person

engaged in any activity to which this section applies to retaliate or

discriminate against any person because such person has (i) opposed any

practices forbidden under this article, (ii) filed a complaint,

testified, or assisted in any proceeding under this article, or (iii)

requested a reasonable accommodation under this article. Retaliation may

include, but is not limited to, disclosing an employee's personnel files

because such employee has (i) opposed any practices forbidden under this

article, (ii) filed a complaint, testified, or assisted in any

proceeding under this article, or (iii) requested a reasonable

accommodation under this article, except where such disclosure is made

in the course of commencing or responding to a complaint in any

proceeding under this article or any other civil or criminal action or

other judicial or administrative proceeding as permitted by applicable

law.

8. It shall be an unlawful discriminatory practice for any party to a

conciliation agreement made pursuant to section two hundred ninety-seven

of this article to violate the terms of such agreement.

9. (a) It shall be an unlawful discriminatory practice for any fire

department or fire company therein, through any member or members

thereof, officers, board of fire commissioners or other body or office

having power of appointment of volunteer firefighters, directly or

indirectly, by ritualistic practice, constitutional or by-law

prescription, by tacit agreement among its members, or otherwise, to

deny to any individual membership in any volunteer fire department or

fire company therein, or to expel or discriminate against any volunteer

member of a fire department or fire company therein, because of the

race, creed, color, national origin, citizenship or immigration status,

sexual orientation, gender identity or expression, military status, sex,

marital status, status as a victim of domestic violence, or familial

status, of such individual.

(b) Upon a complaint to the division, as provided for under

subdivision one of section two hundred ninety-seven of this article, and

in the event the commissioner finds that an unlawful discriminatory

practice has been engaged in, the board of fire commissioners or other

body or office having power of appointment of volunteer firefighters

shall be served with any order required, under subdivision four of

section two hundred ninety-seven of this article, to be served on any or

all respondents requiring such respondent or respondents to cease and

desist from such unlawful discriminatory practice and to take

affirmative action. Such board shall have the duty and power to appoint

as a volunteer firefighter, notwithstanding any other statute or

provision of law or by-law of any volunteer fire company, any individual

whom the commissioner has determined to be the subject of an unlawful

discriminatory practice under this subdivision. Unless such board has

been found to have engaged in an unlawful discriminatory practice,

service upon such board of such order shall not constitute such board or

its members as a respondent nor constitute a finding of an unlawful

discriminatory practice against such board or its members.

10. (a) It shall be an unlawful discriminatory practice for any

employer, or an employee or agent thereof, to impose upon a person as a

condition of obtaining or retaining employment, including opportunities

for promotion, advancement or transfers, any terms or conditions that

would require such person to violate or forego a sincerely held practice

of his or her religion, including but not limited to the observance of

any particular day or days or any portion thereof as a sabbath or other

holy day in accordance with the requirements of his or her religion or

the wearing of any attire, clothing, or facial hair in accordance with

the requirements of his or her religion, unless, after engaging in a

bona fide effort, the employer demonstrates that it is unable to

reasonably accommodate the employee's or prospective employee's

sincerely held religious observance or practice without undue hardship

on the conduct of the employer's business. Notwithstanding any other

provision of law to the contrary, an employee shall not be entitled to

premium wages or premium benefits for work performed during hours to

which such premium wages or premium benefits would ordinarily be

applicable, if the employee is working during such hours only as an

accommodation to his or her sincerely held religious requirements.

Nothing in this paragraph or paragraph (b) of this subdivision shall

alter or abridge the rights granted to an employee concerning the

payment of wages or privileges of seniority accruing to that employee.

(b) Except where it would cause an employer to incur an undue

hardship, no person shall be required to remain at his or her place of

employment during any day or days or portion thereof that, as a

requirement of his or her religion, he or she observes as his or her

sabbath or other holy day, including a reasonable time prior and

subsequent thereto for travel between his or her place of employment and

his or her home, provided however, that any such absence from work

shall, wherever practicable in the reasonable judgment of the employer,

be made up by an equivalent amount of time and work at some other

mutually convenient time, or shall be charged against any leave with pay

ordinarily granted, other than sick leave, provided further, however,

that any such absence not so made up or charged, may be treated by the

employer of such person as leave taken without pay.

(c) It shall be an unlawful discriminatory practice for an employer to

refuse to permit an employee to utilize leave, as provided in paragraph

(b) of this subdivision, solely because the leave will be used for

absence from work to accommodate the employee's sincerely held religious

observance or practice.

(d) As used in this subdivision: (1) "undue hardship" shall mean an

accommodation requiring significant expense or difficulty (including a

significant interference with the safe or efficient operation of the

workplace or a violation of a bona fide seniority system). Factors to be

considered in determining whether the accommodation constitutes an undue

economic hardship shall include, but not be limited to:

(i) the identifiable cost of the accommodation, including the costs of

loss of productivity and of retaining or hiring employees or

transferring employees from one facility to another, in relation to the

size and operating cost of the employer;

(ii) the number of individuals who will need the particular

accommodation to a sincerely held religious observance or practice; and

(iii) for an employer with multiple facilities, the degree to which

the geographic separateness or administrative or fiscal relationship of

the facilities will make the accommodation more difficult or expensive.

Provided, however, an accommodation shall be considered to constitute

an undue hardship if it will result in the inability of an employee to

perform the essential functions of the position in which he or she is

employed.

(2) "premium wages" shall include overtime pay and compensatory time

off, and additional remuneration for night, weekend or holiday work, or

for standby or irregular duty.

(3) "premium benefit" shall mean an employment benefit, such as

seniority, group life insurance, health insurance, disability insurance,

sick leave, annual leave, or an educational or pension benefit that is

greater than the employment benefit due the employee for an equivalent

period of work performed during the regular work schedule of the

employee.

In the case of any employer other than the state, any of its political

subdivisions or any school district, this subdivision shall not apply

where the uniform application of terms and conditions of attendance to

employees is essential to prevent undue economic hardship to the

employer. In any proceeding in which the applicability of this

subdivision is in issue, the burden of proof shall be upon the employer.

If any question shall arise whether a particular position or class of

positions is excepted from this subdivision by this paragraph, such

question may be referred in writing by any party claimed to be

aggrieved, in the case of any position of employment by the state or any

of its political subdivisions, except by any school district, to the

civil service commission, in the case of any position of employment by

any school district, to the commissioner of education, who shall

determine such question and in the case of any other employer, a party

claiming to be aggrieved may file a complaint with the division pursuant

to this article. Any such determination by the civil service commission

shall be reviewable in the manner provided by article seventy-eight of

the civil practice law and rules and any such determination by the

commissioner of education shall be reviewable in the manner and to the

same extent as other determinations of the commissioner under section

three hundred ten of the education law.

11. Nothing contained in this section shall be construed to bar any

religious or denominational institution or organization, or any

organization operated for charitable or educational purposes, which is

operated, supervised or controlled by or in connection with a religious

organization, from limiting employment or sales or rental of housing

accommodations or admission to or giving preference to persons of the

same religion or denomination or from taking such action as is

calculated by such organization to promote the religious principles for

which it is established or maintained.

12. Notwithstanding the provisions of subdivisions one, one-a and

three-a of this section, it shall not be an unlawful discriminatory

practice for an employer, employment agency, labor organization or joint

labor-management committee to carry out a plan, approved by the

division, to increase the employment of members of a minority group (as

may be defined pursuant to the regulations of the division) which has a

state-wide unemployment rate that is disproportionately high in

comparison with the state-wide unemployment rate of the general

population. Any plan approved under this subdivision shall be in writing

and the division's approval thereof shall be for a limited period and

may be rescinded at any time by the division.

13. It shall be an unlawful discriminatory practice (i) for any person

to boycott or blacklist, or to refuse to buy from, sell to or trade

with, or otherwise discriminate against any person, because of the race,

creed, color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, sex, status

as a victim of domestic violence, disability, or familial status, or of

such person, or of such person's partners, members, stockholders,

directors, officers, managers, superintendents, agents, employees,

business associates, suppliers or customers, or (ii) for any person

wilfully to do any act or refrain from doing any act which enables any

such person to take such action. This subdivision shall not apply to:

(a) Boycotts connected with labor disputes; or

(b) Boycotts to protest unlawful discriminatory practices.

14. In addition to reasonable modifications in policies, practices, or

procedures, including those defined in subparagraph (iv) of paragraph

(d) of subdivision two of this section or reasonable accommodations for

persons with disabilities as otherwise provided in this section,

including the use of an animal as a reasonable accommodation, it shall

be an unlawful discriminatory practice for any person engaged in any

activity covered by this section to deny access or otherwise to

discriminate against a blind person, a person who is deaf or hard of

hearing or a person with another disability because he or she is

accompanied by a dog that has been trained to work or perform specific

tasks for the benefit of such person by a professional guide dog,

hearing dog or service dog training center or professional guide dog,

hearing dog or service dog trainer, or to discriminate against such

professional guide dog, hearing dog or service dog trainer engaged in

such training of a dog for use by a person with a disability, whether or

not accompanied by the person for whom the dog is being trained.

15. It shall be an unlawful discriminatory practice for any person,

agency, bureau, corporation or association, including the state and any

political subdivision thereof, to deny any license or employment to any

individual by reason of his or her having been convicted of one or more

criminal offenses, or by reason of a finding of a lack of "good moral

character" which is based upon his or her having been convicted of one

or more criminal offenses, when such denial is in violation of the

provisions of article twenty-three-A of the correction law. Further,

there shall be a rebuttable presumption in favor of excluding from

evidence the prior incarceration or conviction of any person, in a case

alleging that the employer has been negligent in hiring or retaining an

applicant or employee, or supervising a hiring manager, if after

learning about an applicant or employee's past criminal conviction

history, such employer has evaluated the factors set forth in section

seven hundred fifty-two of the correction law, and made a reasonable,

good faith determination that such factors militate in favor of hire or

retention of that applicant or employee. No person, agency, bureau,

corporation, association, the state or any political subdivision

thereof, shall require an individual to provide a copy of his or her

criminal history record that he or she obtained pursuant to the rules

and regulations of the division of criminal justice services.

16. It shall be an unlawful discriminatory practice, unless

specifically required or permitted by statute, for any person, agency,

bureau, corporation or association, including the state and any

political subdivision thereof, to make any inquiry about, whether in any

form of application or otherwise, or to act upon adversely to the

individual involved, any arrest or criminal accusation of such

individual not then pending against that individual which was followed

by a termination of that criminal action or proceeding in favor of such

individual, as defined in subdivision two of section 160.50 of the

criminal procedure law, or by an order adjourning the criminal action in

contemplation of dismissal, pursuant to section 170.55, 170.56, 210.46,

210.47, or 215.10 of the criminal procedure law, or by a youthful

offender adjudication, as defined in subdivision one of section 720.35

of the criminal procedure law, or by a conviction for a violation sealed

pursuant to section 160.55 of the criminal procedure law or by a

conviction which is sealed pursuant to section 160.59 or 160.58 of the

criminal procedure law, or by a conviction which is sealed pursuant to

section 160.57 of the criminal procedure law, except where such

conviction record is accessed pursuant to subparagraph (vii), (viii), or

(xvi) of paragraph (d) of subdivision one of section 160.57 of the

criminal procedure law, in connection with the licensing, housing,

employment, including volunteer positions, or providing of credit or

insurance to such individual; provided, further, that no person shall be

required to divulge information pertaining to any arrest or criminal

accusation of such individual not then pending against that individual

which was followed by a termination of that criminal action or

proceeding in favor of such individual, as defined in subdivision two of

section 160.50 of the criminal procedure law, or by an order adjourning

the criminal action in contemplation of dismissal, pursuant to section

170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure

law, or by a youthful offender adjudication, as defined in subdivision

one of section 720.35 of the criminal procedure law, or by a conviction

for a violation sealed pursuant to section 160.55 of the criminal

procedure law, or by a conviction which is sealed pursuant to section

160.58 or 160.59 of the criminal procedure law, or by a conviction which

is sealed pursuant to section 160.57 of the criminal procedure law,

except where such conviction record is accessed pursuant to subparagraph

(vii), (viii), or (xvi) of paragraph (d) of subdivision one of section

160.57 of the criminal procedure law. An individual required or

requested to provide information in violation of this subdivision may

respond as if the arrest, criminal accusation, or disposition of such

arrest or criminal accusation did not occur. The provisions of this

subdivision shall not apply to the licensing activities of governmental

bodies in relation to the regulation of guns, firearms and other deadly

weapons or in relation to an application for employment as a police

officer or peace officer as those terms are defined in subdivisions

thirty-three and thirty-four of section 1.20 of the criminal procedure

law; provided further that the provisions of this subdivision shall not

apply to an application for employment or membership in any law

enforcement agency with respect to any arrest or criminal accusation

which was followed by a youthful offender adjudication, as defined in

subdivision one of section 720.35 of the criminal procedure law, or by a

conviction for a violation sealed pursuant to section 160.55 of the

criminal procedure law, or by a conviction which is sealed pursuant to

section 160.58 or 160.59 of the criminal procedure law, or by a

conviction which is sealed pursuant to section 160.57 of the criminal

procedure law. For purposes of this subdivision, an action which has

been adjourned in contemplation of dismissal, pursuant to section 170.55

or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall

not be considered a pending action, unless the order to adjourn in

contemplation of dismissal is revoked and the case is restored to the

calendar for further prosecution.

17. Nothing in this section shall prohibit the offer and acceptance of

a discount to a person sixty-five years of age or older for housing

accommodations.

18. It shall be an unlawful discriminatory practice for the owner,

lessee, sub-lessee, assignee, or managing agent of, or other person

having the right of ownership of or possession of or the right to rent

or lease housing accommodations:

(1) To refuse to permit, at the expense of a person with a disability,

reasonable modifications of existing premises occupied or to be occupied

by the said person, if the modifications may be necessary to afford the

said person full enjoyment of the premises, in conformity with the

provisions of the New York state uniform fire prevention and building

code except that, in the case of a rental, the landlord may, where it is

reasonable to do so, condition permission for a modification on the

renter's agreeing to restore the interior of the premises to the

condition that existed before the modification, reasonable wear and tear

excepted.

(2) To refuse to make reasonable accommodations in rules, policies,

practices, or services, when such accommodations may be necessary to

afford said person with a disability equal opportunity to use and enjoy

a dwelling, including the use of an animal as a reasonable accommodation

to alleviate symptoms or effects of a disability, and including

reasonable modification to common use portions of the dwelling, or

(3) In connection with the design and construction of covered

multi-family dwellings for first occupancy after March thirteenth,

nineteen hundred ninety-one, a failure to design and construct dwellings

in accordance with the accessibility requirements for multi-family

dwellings found in the New York state uniform fire prevention and

building code to provide that:

(i) The public use and common use portions of the dwellings are

readily accessible to and usable by persons with disabilities;

(ii) All the doors are designed in accordance with the New York state

uniform fire prevention and building code to allow passage into and

within all premises and are sufficiently wide to allow passage by

persons in wheelchairs; and

(iii) All premises within covered multi-family dwelling units contain

an accessible route into and through the dwelling; light switches,

electrical outlets, thermostats, and other environmental controls are in

accessible locations; there are reinforcements in the bathroom walls to

allow later installation of grab bars; and there are usable kitchens and

bathrooms such that an individual in a wheelchair can maneuver about the

space, in conformity with the New York state uniform fire prevention and

building code.

19. (a) Except as provided in paragraph (b) of this subdivision, it

shall be an unlawful discriminatory practice of any employer, labor

organization, employment agency, licensing agency, or its employees,

agents, or members:

(1) to directly or indirectly solicit, require, or administer a

genetic test to a person, or solicit or require information from which a

predisposing genetic characteristic can be inferred as a condition of

employment, preemployment application, labor organization membership, or

licensure; or

(2) to buy or otherwise acquire the results or interpretation of an

individual's genetic test results or information from which a

predisposing genetic characteristic can be inferred or to make an

agreement with an individual to take a genetic test or provide genetic

test results or such information.

(b) An employer may require a specified genetic test as a condition of

employment where such a test is shown to be directly related to the

occupational environment, such that the employee or applicant with a

particular genetic anomaly might be at an increased risk of disease as a

result of working in said environment.

(c) Nothing in this section shall prohibit the genetic testing of an

employee who requests a genetic test and who provides written and

informed consent to taking a genetic test for any of the following

purposes:

(1) pursuant to a workers' compensation claim;

(2) pursuant to civil litigation; or

(3) to determine the employee's susceptibility to potentially

carcinogenic, toxic, or otherwise hazardous chemicals or substances

found in the workplace environment only if the employer does not

terminate the employee or take any other action that adversely affects

any term, condition or privilege of employment pursuant to the genetic

test results.

(d) If an employee consents to genetic testing for any of the

aforementioned allowable reasons, he or she must be given and sign an

authorization of consent form which explicitly states the specific

purpose, uses and limitations of the genetic tests and the specific

traits or characteristics to be tested.

21. Nothing in this section shall prohibit the offer and acceptance of

a discount for housing accommodations to a person with a disability, as

defined in subdivision twenty-one of section two hundred ninety-two of

this article.

22. (a) It shall be an unlawful discriminatory practice for an

employer or licensing agency, because of any individual's status as a

victim of domestic violence, to refuse to hire or employ or license or

to bar or to discharge from employment such individual or to

discriminate against such individual in compensation or in terms,

conditions or privileges of employment.

(b) It shall be an unlawful discriminatory practice for an employer or

employment agency to print or circulate or cause to be printed or

circulated any statement, advertisement or publication, or to use any

form of application for employment or to make any inquiry in connection

with prospective employment which expresses, directly or indirectly, any

limitation, specification or discrimination as to status as a victim of

domestic violence, or any intent to make any such limitation,

specification or discrimination; provided, however, that no provision of

this subdivision shall be construed to prohibit the employer from making

any inquiry or obtaining information for the purpose of providing

assistance to, or a reasonable accommodation in accordance with the

provisions of this subdivision to, a victim of domestic violence.

(c)(1) It shall be an unlawful discriminatory practice for an employer

to refuse to provide a reasonable accommodation to an employee who is

known by the employer to be a victim of domestic violence, limited to

those accommodations set forth in subparagraph two of this paragraph,

when such employee must be absent from work for a reasonable time,

unless such absence would cause an undue hardship to the employer as set

forth in subparagraph three of this paragraph, provided, however that

the employer may require an employee to charge any time off pursuant to

this section against any leave with pay ordinarily granted, where

available, unless otherwise provided for in a collective bargaining

agreement or existing employee handbook or policy, and any such absence

that cannot be charged may be treated as leave without pay. An employee

who must be absent from work in accordance with subparagraph two of this

paragraph shall be entitled to the continuation of any health insurance

coverage provided by the employer, to which the employee is otherwise

entitled during any such absence.

(2) An employer is required to provide a reasonable accommodation to

an employee who is a victim of domestic violence who must be absent from

work for a reasonable time, in accordance with the provisions of

subparagraph one of this paragraph, limited to the following:

(i) Seeking medical attention for injuries caused by domestic violence

including for a child who is a victim of domestic violence, provided

that the employee is not the perpetrator of the domestic violence

against the child; or

(ii) Obtaining services from a domestic violence shelter, program, or

rape crisis center as a result of domestic violence; or

(iii) Obtaining psychological counseling related to an incident or

incidents of domestic violence, including for a child who is a victim of

domestic violence, provided that the employee is not the perpetrator of

the domestic violence against the child; or

(iv) Participating in safety planning and taking other actions to

increase safety from future incidents of domestic violence, including

temporary or permanent relocation; or

(v) Obtaining legal services, assisting in the prosecution of the

offense, or appearing in court in relation to the incident or incidents

of domestic violence.

(3) An employer is required to provide a reasonable accommodation for

an employee's absence in accordance with the provisions of subparagraphs

one and two of this paragraph unless the employer can demonstrate that

the employee's absence would constitute an undue hardship to the

employer. A determination of whether such an absence will constitute an

undue hardship shall include consideration of factors such as:

(i) The overall size of the business, program or enterprise with

respect to the number of employees, number and type of facilities, and

size of budget; and

(ii) The type of operation in which the business, program or

enterprise is engaged, including the composition and structure of the

workforce.

(4) An employee who must be absent from work in accordance with the

provisions of subparagraph one of this paragraph shall provide the

employer with reasonable advance notice of the employee's absence,

unless such advance notice is not feasible.

(5) An employee who must be absent from work in accordance with the

provisions of subparagraph one of this paragraph and who cannot feasibly

give reasonable advance notice of the absence in accordance with

subparagraph four of this paragraph must, within a reasonable time after

the absence, provide a certification to the employer when requested by

the employer.

Such certification shall be in the form of:

(i) A police report indicating that the employee or his or her child

was a victim of domestic violence;

(ii) A court order protecting or separating the employee or his or her

child from the perpetrator of an act of domestic violence;

(iii) Other evidence from the court or prosecuting attorney that the

employee appeared in court; or

(iv) Documentation from a medical professional, domestic violence

advocate, health care provider, or counselor that the employee or his or

her child was undergoing counseling or treatment for physical or mental

injuries or abuse resulting in victimization from an act of domestic

violence.

(6) Where an employee has a physical or mental disability resulting

from an incident or series of incidents of domestic violence, such

employee shall be treated in the same manner as an employee with any

other disability, pursuant to the provisions of this section which

provide that discrimination and refusal to provide reasonable

accommodation of disability are unlawful discriminatory practices.

(d) To the extent allowed by law, employers shall maintain the

confidentiality of any information regarding an employee's status as a

victim of domestic violence.

§ 296-a — Unlawful discriminatory practices in relation to credit

Unlawful discriminatory practices in relation to credit. 1.

It shall be an unlawful discriminatory practice for any creditor or any

officer, agent or employee thereof:

a. In the case of applications for credit with respect to the

purchase, acquisition, construction, rehabilitation, repair or

maintenance of any housing accommodation, land or commercial space to

discriminate against any such applicant because of the race, creed,

color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, age, sex,

marital status, status as a victim of domestic violence, disability, or

familial status of such applicant or applicants or any member,

stockholder, director, officer or employee of such applicant or

applicants, or of the prospective occupants or tenants of such housing

accommodation, land or commercial space, in the granting, withholding,

extending or renewing, or in the fixing of the rates, terms or

conditions of, any such credit;

b. To discriminate in the granting, withholding, extending or

renewing, or in the fixing of the rates, terms or conditions of, any

form of credit, on the basis of race, creed, color, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, age, sex, marital status, status as a

victim of domestic violence, disability, or familial status;

c. To use any form of application for credit or use or make any record

or inquiry which expresses, directly or indirectly, any limitation,

specification, or discrimination as to race, creed, color, national

origin, citizenship or immigration status, sexual orientation, gender

identity or expression, military status, age, sex, marital status,

status as a victim of domestic violence, disability, or familial status;

d. To make any inquiry of an applicant concerning his or her capacity

to reproduce, or his or her use or advocacy of any form of birth control

or family planning;

e. To refuse to consider sources of an applicant's income or to

subject an applicant's income to discounting, in whole or in part,

because of an applicant's race, creed, color, national origin,

citizenship or immigration status, sexual orientation, gender identity

or expression, military status, age, sex, marital status, status as a

victim of domestic violence, childbearing potential, disability, or

familial status;

f. To discriminate against a married person because such person

neither uses nor is known by the surname of his or her spouse.

This paragraph shall not apply to any situation where the use of a

surname would constitute or result in a criminal act.

2. Without limiting the generality of subdivision one of this section,

it shall be considered discriminatory if, because of an applicant's or

class of applicants' race, creed, color, national origin, citizenship or

immigration status, sexual orientation, gender identity or expression,

military status, age, sex, marital status, status as a victim of

domestic violence, disability, or familial status, (i) an applicant or

class of applicants is denied credit in circumstances where other

applicants of like overall credit worthiness are granted credit, or (ii)

special requirements or conditions, such as requiring co-obligors or

reapplication upon marriage, are imposed upon an applicant or class of

applicants in circumstances where similar requirements or conditions are

not imposed upon other applicants of like overall credit worthiness.

3. It shall not be considered discriminatory if credit

differentiations or decisions are based upon factually supportable,

objective differences in applicants' overall credit worthiness, which

may include reference to such factors as current income, assets and

prior credit history of such applicants, as well as reference to any

other relevant factually supportable data; provided, however, that no

creditor shall consider, in evaluating the credit worthiness of an

applicant, aggregate statistics or assumptions relating to race, creed,

color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, sex,

marital status, status as a victim of domestic violence or disability,

or to the likelihood of any group of persons bearing or rearing

children, or for that reason receiving diminished or interrupted income

in the future.

3-a. It shall not be an unlawful discriminatory practice to consider

age in determining credit worthiness when age has a demonstrable and

statistically sound relationship to a determination of credit

worthiness.

4. a. If so requested by an applicant for credit, a creditor shall

furnish such applicant with a statement of the specific reasons for

rejection of the applicant's application for credit.

b. If so requested in writing by an individual who is or was married,

a creditor or credit reporting bureau shall maintain in its records a

separate credit history for any such individual. Such separate history

shall include all obligations as to which such bureau has notice with

respect to which any such person is or was individually or jointly

liable.

5. No provision of this section providing spouses the right to

separately apply for credit, borrow money, or have separate credit

histories maintained shall limit or foreclose the right of creditors,

under any other provision of law, to hold one spouse legally liable for

debts incurred by the other.

6. Any person claiming to be aggrieved by an unlawful discriminatory

practice engaged in by a regulated creditor, in lieu of the procedure

set forth in section two hundred ninety-seven of this article, may file

a verified complaint with the superintendent, as provided hereinafter;

provided, however, that the filing of a complaint with either the

superintendent or the division shall bar subsequent recourse to the

other agency, as well as to any local commission on human rights, with

respect to the grievance complained of.

7. In the case of a verified complaint filed with the superintendent

the following procedures shall be followed:

a. After receipt of the complaint, the superintendent shall make a

determination within thirty days of whether there is probable cause to

believe that the person named in the complaint has engaged in or is

engaging in an unlawful discriminatory practice. If the superintendent

determines there is no such probable cause, the complaint shall be

dismissed. If the superintendent determines that there is such probable

cause, he or she shall attempt to resolve such complaint by conference

and conciliation. If conciliation is achieved, the terms shall be

recorded in a written agreement signed by the creditor and complainant,

a copy of which shall be forwarded to the commissioner.

b. If conciliation is not achieved, the superintendent or his or her

designated representative shall conduct a hearing with respect to the

alleged violation of this section. All interested parties shall be

entitled to adequate and timely notice of the hearing. Such parties

shall have the right to be represented by counsel or by other

representatives of their own choosing; to offer evidence and witnesses

in their own behalf and to cross-examine other parties and witnesses; to

have the power of subpoena exercised in their behalf; and to have access

to a written record of such hearing. The superintendent or his or her

representative shall not be bound by the strict rules of evidence

prevailing in courts of law or equity. The testimony taken shall be

under oath and a record shall be made of the proceedings. A written

decision shall be made by the superintendent or his or her designated

representative separately setting forth findings of fact and conclusions

of law. A copy of such decision shall be forwarded to the commissioner.

c. If the superintendent finds that a violation of this section has

occurred, the superintendent shall issue an order which shall do one or

more of the following:

(1) impose a fine in an amount not to exceed ten thousand dollars for

each violation, to be paid to the people of the state of New York;

(2) award compensatory damages to the person aggrieved by such

violation;

(3) for a claim of sex discrimination only, award reasonable

attorney's fees attributable to such claim to any prevailing party;

provided, however, that a prevailing respondent or defendant in order to

recover such reasonable attorney's fees must make a motion requesting

such fees and show that the action or proceeding brought was frivolous.

In no case shall attorney's fees be awarded to the department, nor shall

the department be liable to a prevailing party for attorney's fees. In

order to find the action or proceeding to be frivolous, the

superintendent must find in writing one or more of the following:

(a) the action or proceeding was commenced, used or continued in bad

faith, solely to delay or prolong the resolution of the litigation or to

harass or maliciously injure another; or

(b) the action or proceeding was commenced or continued in bad faith

without any reasonable basis and could not be supported by a good faith

argument for an extension, modification or reversal of existing law. If

the action or proceeding was promptly discontinued when the party or

attorney learned or should have learned that the action or proceeding

lacked such a reasonable basis, the court may find that the party or the

attorney did not act in bad faith.

(4) require the regulated creditor to cease and desist from such

unlawful discriminatory practices;

(5) require the regulated creditor to take such further affirmative

action as will effectuate the purposes of this section, including, but

not limited to, granting the credit which was the subject of the

complaint.

d. Any complainant, respondent or other person aggrieved by any order

or final determination of the superintendent may obtain judicial review

thereof.

8. Where the superintendent makes a determination that a regulated

creditor has engaged in or is engaging in discriminatory practices, the

superintendent is empowered to issue appropriate orders to such creditor

pursuant to the banking law. Such orders may be issued without the

necessity of a complaint being filed by an aggrieved person.

9. Whenever any creditor makes application to the superintendent of

financial services to take any action requiring consideration by the

superintendent of the public interest and the needs and convenience

thereof, or requiring a finding that the financial responsibility,

experience, charter, and general fitness of the applicant, and of the

members thereof if the applicant be a co-partnership or association, and

of the officers and directors thereof if the applicant be a corporation,

are such as to command the confidence of the community and to warrant

belief that the business will be operated honestly, fairly, and

efficiently, such creditor shall certify to the superintendent

compliance with the provisions of this section. In the event that the

records of the department of financial services show that such creditor

has been found to be in violation of this section, such creditor shall

describe what action has been taken with respect to its credit policies

and procedures to remedy such violation or violations. The

superintendent shall, in approving the foregoing applications and making

the foregoing findings, give appropriate weight to compliance with this

section.

10. Any complaint filed with the superintendent pursuant to this

section shall be so filed within one year after the occurrence of the

alleged unlawful discriminatory practice.

11. The superintendent is hereby empowered to promulgate rules and

regulations hereunder to effectuate the purposes of this section.

12. The provisions of this section, as they relate to age, shall not

apply to persons under the age of eighteen years.

§ 296-c — Unlawful discriminatory practices relating to interns

Unlawful discriminatory practices relating to interns. 1. As

used in this section, "Intern" means a person who performs work for an

employer for the purpose of training under the following circumstances:

a. the employer is not committed to hire the person performing the

work at the conclusion of the training period;

b. the employer and the person performing the work agree that the

person performing the work is not entitled to wages for the work

performed; and

c. the work performed:

(1) provides or supplements training that may enhance the

employability of the intern;

(2) provides experience for the benefit of the person performing the

work;

(3) does not displace regular employees; and

(4) is performed under the close supervision of existing staff.

2. It shall be an unlawful discriminatory practice for an employer to:

a. refuse to hire or employ or to bar or to discharge from internship

an intern or to discriminate against such intern in terms, conditions or

privileges of employment as an intern because of the intern's age, race,

creed, color, national origin, citizenship or immigration status, sexual

orientation, gender identity or expression, military status, sex,

disability, predisposing genetic characteristics, marital status, or

status as a victim of domestic violence;

b. discriminate against an intern in receiving, classifying, disposing

or otherwise acting upon applications for internships because of the

intern's age, race, creed, color, national origin, citizenship or

immigration status, sexual orientation, gender identity or expression,

military status, sex, disability, predisposing genetic characteristics,

marital status, or status as a victim of domestic violence;

c. print or circulate or cause to be printed or circulated any

statement, advertisement or publication, or to use any form of

application for employment as an intern or to make any inquiry in

connection with prospective employment, which expresses directly or

indirectly, any limitation, specification or discrimination as to age,

race, creed, color, national origin, citizenship or immigration status,

sexual orientation, gender identity or expression, military status, sex,

disability, predisposing genetic characteristics, marital status or

status as a victim of domestic violence, or any intent to make any such

limitation, specification or discrimination, unless based upon a bona

fide occupational qualification; provided, however, that neither this

paragraph nor any provision of this chapter or other law shall be

construed to prohibit the department of civil service or the department

of personnel of any city containing more than one county from requesting

information from applicants for civil service internships or

examinations concerning any of the aforementioned characteristics, other

than sexual orientation, for the purpose of conducting studies to

identify and resolve possible problems in recruitment and testing of

members of minority groups to ensure the fairest possible and equal

opportunities for employment in the civil service for all persons,

regardless of age, race, creed, color, national origin, citizenship or

immigration status, sexual orientation, military status, sex,

disability, predisposing genetic characteristics, marital status or

status as a victim of domestic violence;

d. to discharge, expel or otherwise discriminate against any person

because he or she has opposed any practices forbidden under this article

or because he or she has filed a complaint, testified or assisted in any

proceeding under this article; or

e. to compel an intern who is pregnant to take a leave of absence,

unless the intern is prevented by such pregnancy from performing the

activities involved in the job or occupation in a reasonable manner.

3. It shall be an unlawful discriminatory practice for an employer to:

a. engage in unwelcome sexual advances, requests for sexual favors, or

other verbal or physical conduct of a sexual nature to an intern when:

(1) submission to such conduct is made either explicitly or implicitly

a term or condition of the intern's employment;

(2) submission to or rejection of such conduct by the intern is used

as the basis for employment decisions affecting such intern; or

(3) such conduct has the purpose or effect of unreasonably interfering

with the intern's work performance by creating an intimidating, hostile,

or offensive working environment; or

b. subject an intern to unwelcome harassment based on age, sex, race,

creed, color, sexual orientation, gender identity or expression,

military status, disability, predisposing genetic characteristics,

marital status, status as a victim of domestic violence, national

origin, or citizenship or immigration status, or where such harassment

has the purpose or effect of unreasonably interfering with the intern's

work performance by creating an intimidating, hostile, or offensive

working environment.

4. Nothing in this section shall affect any restrictions upon the

activities of persons licensed by the state liquor authority with

respect to persons under twenty-one years of age.

5. Nothing in this section shall create an employment relationship

between an employer and an intern for the purposes of articles six,

seven, eighteen or nineteen of the labor law.

§ 296-d — Unlawful discriminatory practices relating to non-employees

Unlawful discriminatory practices relating to non-employees.

It shall be an unlawful discriminatory practice for an employer to

permit unlawful discrimination against non-employees in its workplace.

An employer may be held liable to a non-employee who is a contractor,

subcontractor, vendor, consultant or other person providing services

pursuant to a contract in the workplace or who is an employee of such

contractor, subcontractor, vendor, consultant or other person providing

services pursuant to a contract in the workplace, with respect to an

unlawful discriminatory practice, when the employer, its agents or

supervisors knew or should have known that such non-employee was

subjected to an unlawful discriminatory practice in the employer's

workplace, and the employer failed to take immediate and appropriate

corrective action. In reviewing such cases involving non-employees, the

extent of the employer's control and any other legal responsibility

which the employer may have with respect to the conduct of the person

who engaged in the unlawful discriminatory practice shall be considered.

§ 297 — Procedure

Procedure. 1. Any person claiming to be aggrieved by an

unlawful discriminatory practice may, by himself or herself or his or

her attorney-at-law, make, sign and file with the division a complaint

in writing under oath or by declaration which shall state the name and

address of the person alleged to have committed the unlawful

discriminatory practice complained of and which shall set forth the

particulars thereof and contain such other information as may be

required by the division. The commissioner of labor or the attorney

general, or the executive director of the justice center for the

protection of people with special needs, or the division on its own

motion may, in like manner, make, sign and file such complaint. In

connection with the filing of such complaint, the attorney general is

authorized to take proof, issue subpoenas and administer oaths in the

manner provided in the civil practice law and rules. Any employer whose

employees, or some of them, refuse or threaten to refuse to cooperate

with the provisions of this article, may file with the division a

verified complaint asking for assistance by conciliation or other

remedial action.

2. a. After the filing of any complaint, the division shall promptly

serve a copy thereof upon the respondent and all persons it deems to be

necessary parties, and make prompt investigation in connection

therewith. Within one hundred eighty days after a complaint is filed,

the division shall determine whether it has jurisdiction and, if so,

whether there is probable cause to believe that the person named in the

complaint, hereinafter referred to as the respondent, has engaged or is

engaging in an unlawful discriminatory practice. If it finds with

respect to any respondent that it lacks jurisdiction or that probable

cause does not exist, the commissioner shall issue and cause to be

served on the complainant an order dismissing such allegations of the

said complaint as to such respondent.

b. Notwithstanding the provisions of paragraph a of this subdivision,

with respect to housing discrimination only, after the filing of any

complaint, the division shall, within thirty days after receipt, serve a

copy thereof upon the respondent and all persons it deems to be

necessary parties, and make prompt investigation in connection

therewith. Within one hundred days after a complaint is filed, the

division shall determine whether it has jurisdiction and, if so, whether

there is probable cause to believe that the person named in the

complaint, hereinafter referred to as the respondent, has engaged or is

engaging in an unlawful discriminatory practice. If it finds with

respect to any respondent that it lacks jurisdiction or that probable

cause does not exist, the commissioner shall issue and cause to be

served on the complainant an order dismissing such allegations of the

said complaint as to such respondent.

3. a. If in the judgment of the division the circumstances so warrant,

it may, at any time after the filing of the complaint, endeavor to

eliminate such unlawful discriminatory practice by conference,

conciliation and persuasion. Each conciliation agreement shall include

provisions requiring the respondent to refrain from the commission of

unlawful discriminatory practices in the future and may contain such

further provisions as may be agreed upon by the division, the

complainant, and the respondent, including a provision for the entry in

the supreme court in any county in the judicial district where the

alleged unlawful discriminatory practice was committed, or where any

respondent resides or maintains an office for the transaction of

business, or where the housing accommodation, land or commercial space

specified in the complaint is located, of a consent decree embodying the

terms of the conciliation agreement. The division shall not disclose

what has transpired in the course of such endeavors.

b. If a conciliation agreement is entered into, the division shall

issue an order embodying such agreement and serve a copy of such order

upon all parties to the proceeding, and if a party to any such

proceeding is a regulated creditor, the division shall forward a copy of

the order embodying such agreement to the superintendent.

c. If the division finds that noticing the complaint for hearing would

be undesirable, the division may, in its unreviewable discretion, at any

time prior to a hearing before a hearing examiner, dismiss the complaint

on the grounds of administrative convenience. However, in cases of

housing discrimination only, an administrative convenience dismissal

will not be rendered without the consent of the complainant. The

division may, subject to judicial review, dismiss the complaint on the

grounds of untimeliness if the complaint is untimely or on the grounds

that the election of remedies is annulled.

4. a. Within two hundred seventy days after a complaint is filed, or

within one hundred twenty days after the court has reversed and remanded

an order of the division dismissing a complaint for lack of jurisdiction

or for want of probable cause, unless the division has dismissed the

complaint or issued an order stating the terms of a conciliation

agreement not objected to by the complainant, the division shall cause

to be issued and served a written notice, together with a copy of such

complaint, as the same may have been amended, requiring the respondent

or respondents to answer the charges of such complaint and appear at a

public hearing before a hearing examiner at a time not less than five

nor more than fifteen days after such service and at a place to be fixed

by the division and specified in such notice. The place of any such

hearing shall be the office of the division or such other place as may

be designated by the division. The case in support of the complaint

shall be presented by one of the attorneys or agents of the division

and, at the option of the complainant, by his or her attorney. With the

consent of the division, the case in support of the complainant may be

presented solely by his or her attorney. No person who shall have

previously made the investigation, engaged in a conciliation proceeding

or caused the notice to be issued shall act as a hearing examiner in

such case. Attempts at conciliation shall not be received in evidence.

At least two business days prior to the hearing the respondent shall,

and any necessary party may, file a written answer to the complaint,

sworn to subject to the penalties of perjury, with the division and

serve a copy upon all other parties to the proceeding. A respondent who

has filed an answer, or whose default in answering has been set aside

for good cause shown may appear at such hearing in person or otherwise,

with or without counsel, cross examine witnesses and the complainant and

submit testimony. The complainant and all parties shall be allowed to

present testimony in person or by counsel and cross examine witnesses.

The hearing examiner may in his or her discretion permit any person who

has a substantial personal interest to intervene as a party, and may

require that necessary parties not already parties be joined. The

division or the complainant shall have the power reasonably and fairly

to amend any complaint, and the respondent and any other party shall

have like power to amend his or her answer. The hearing examiner shall

not be bound by the strict rules of evidence prevailing in courts of law

or equity. The testimony taken at the hearing shall be under oath and a

record made.

b. If the respondent fails to answer the complaint, the hearing

examiner designated to conduct the hearing may enter the default and the

hearing shall proceed on the evidence in support of the complaint. Such

default may be set aside only for good cause shown upon equitable terms

and conditions.

c. Within one hundred eighty days after the commencement of such

hearing, a determination shall be made and an order served as

hereinafter provided. If, upon all the evidence at the hearing, the

commissioner shall find that a respondent has engaged in any unlawful

discriminatory practice as defined in this article, the commissioner

shall state findings of fact and shall issue and cause to be served on

such respondent an order, based on such findings and setting them forth,

and including such of the following provisions as in the judgment of the

division will effectuate the purposes of this article: (i) requiring

such respondent to cease and desist from such unlawful discriminatory

practice; (ii) requiring such respondent to take such affirmative

action, including (but not limited to) hiring, reinstatement or

upgrading of employees, with or without back pay, restoration to

membership in any respondent labor organization, admission to or

participation in a guidance program, apprenticeship training program,

on-the-job training program or other occupational training or retraining

program, the extension of full, equal and unsegregated accommodations,

advantages, facilities and privileges to all persons, granting the

credit which was the subject of any complaint, evaluating applicants for

membership in a place of accommodation without discrimination based on

race, creed, color, national origin, sex, disability or marital status,

and without retaliation or discrimination based on opposition to

practices forbidden by this article or filing a complaint, testifying or

assisting in any proceeding under this article; (iii) awarding of

compensatory damages to the person aggrieved by such practice; (iv)

awarding of punitive damages, in cases of employment discrimination

related to private employers, and, in cases of housing discrimination,

with damages in housing discrimination cases in an amount not to exceed

ten thousand dollars, to the person aggrieved by such practice; (v)

requiring payment to the state of profits obtained by a respondent

through the commission of unlawful discriminatory acts described in

subdivision three-b of section two hundred ninety-six of this article;

and (vi) assessing civil fines and penalties, in an amount not to exceed

fifty thousand dollars, to be paid to the state by a respondent found to

have committed an unlawful discriminatory act, or not to exceed one

hundred thousand dollars to be paid to the state by a respondent found

to have committed an unlawful discriminatory act which is found to be

willful, wanton or malicious; (vii) requiring a report of the manner of

compliance. If, upon all the evidence, the commissioner shall find that

a respondent has not engaged in any such unlawful discriminatory

practice, he or she shall state findings of fact and shall issue and

cause to be served on the complainant an order based on such findings

and setting them forth dismissing the said complaint as to such

respondent. A copy of each order issued by the commissioner shall be

delivered in all cases to the attorney general, the secretary of state,

if he or she has issued a license to the respondent, and such other

public officers as the division deems proper, and if any such order

issued by the commissioner concerns a regulated creditor, the

commissioner shall forward a copy of any such order to the

superintendent. A copy of any complaint filed against any respondent who

has previously entered into a conciliation agreement pursuant to

paragraph a of subdivision three of this section or as to whom an order

of the division has previously been entered pursuant to this paragraph

shall be delivered to the attorney general, to the secretary of state if

he or she has issued a license to the respondent and to such other

public officers as the division deems proper, and if any such respondent

is a regulated creditor, the commissioner shall forward a copy of any

such complaint to the superintendent.

d. The division shall establish rules of practice to govern, expedite

and effectuate the foregoing procedure and its own actions thereunder.

e. Any civil penalty imposed pursuant to this subdivision shall be

separately stated, and shall be in addition to and not reduce or offset

any other damages or payment imposed upon a respondent pursuant to this

article. In cases of employment discrimination where the employer has

fewer than fifty employees, such civil fine or penalty may be paid in

reasonable installments, in accordance with regulations promulgated by

the division. Such regulations shall require the payment of reasonable

interest resulting from the delay, and in no case permit installments to

be made over a period longer than three years.

5. Any complaint filed pursuant to this section must be so filed

within three years after the alleged unlawful discriminatory practice.

6. At any time after the filing of a complaint with the division

alleging an unlawful discriminatory practice under this article, if the

division determines that the respondent is doing or procuring to be done

any act tending to render ineffectual any order the commissioner may

enter in such proceeding, the commissioner may apply to the supreme

court in any county where the alleged unlawful discriminatory practice

was committed, or where any respondent resides or maintains an office

for the transaction of business, or if the complaint alleges an unlawful

discriminatory practice under subdivision two-a or paragraph (a), (b) or

(c) of subdivision five of section two hundred ninety-six of this

article, where the housing accommodation, land or commercial space

specified in the complaint is located, or, if no supreme court justice

is available in such county, in any other county within the judicial

district, for an order requiring the respondents or any of them to show

cause why they should not be enjoined from doing or procuring to be done

such act. The order to show cause may contain a temporary restraining

order and shall be served in the manner provided therein. On the return

date of the order to show cause, and after affording all parties an

opportunity to be heard, if the court deems it necessary to prevent the

respondents from rendering ineffectual an order relating to the subject

matter of the complaint, it may grant appropriate injunctive relief upon

such terms and conditions as it deems proper.

7. Not later than one year from the date of a conciliation agreement

or an order issued under this section, and at any other times in its

discretion, the division shall investigate whether the respondent is

complying with the terms of such agreement or order. Upon a finding of

non-compliance, the division shall take appropriate action to assure

compliance.

8. No officer, agent or employee of the division shall make public

with respect to a particular person without his consent information from

reports obtained by the division except as necessary to the conduct of a

proceeding under this section.

9. Any person claiming to be aggrieved by an unlawful discriminatory

practice shall have a cause of action in any court of appropriate

jurisdiction for damages, including, in cases of employment

discrimination related to private employers and housing discrimination

only, punitive damages, and such other remedies as may be appropriate,

including any civil fines and penalties provided in subdivision four of

this section, unless such person had filed a complaint hereunder or with

any local commission on human rights, or with the superintendent

pursuant to the provisions of section two hundred ninety-six-a of this

article, provided that, where the division has dismissed such complaint

on the grounds of administrative convenience, on the grounds of

untimeliness, or on the grounds that the election of remedies is

annulled, such person shall maintain all rights to bring suit as if no

complaint had been filed with the division. At any time prior to a

hearing before a hearing examiner, a person who has a complaint pending

at the division may request that the division dismiss the complaint and

annul his or her election of remedies so that the human rights law claim

may be pursued in court, and the division may, upon such request,

dismiss the complaint on the grounds that such person's election of an

administrative remedy is annulled. Notwithstanding subdivision (a) of

section two hundred four of the civil practice law and rules, if a

complaint is so annulled by the division, upon the request of the party

bringing such complaint before the division, such party's rights to

bring such cause of action before a court of appropriate jurisdiction

shall be limited by the statute of limitations in effect in such court

at the time the complaint was initially filed with the division. Any

party to a housing discrimination complaint shall have the right within

twenty days following a determination of probable cause pursuant to

subdivision two of this section to elect to have an action commenced in

a civil court, and an attorney representing the division of human rights

will be appointed to present the complaint in court, or, with the

consent of the division, the case may be presented by complainant's

attorney. A complaint filed by the equal employment opportunity

commission to comply with the requirements of 42 USC 2000e-5(c) and 42

USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a

complaint within the meaning of this subdivision. No person who has

initiated any action in a court of competent jurisdiction or who has an

action pending before any administrative agency under any other law of

the state based upon an act which would be an unlawful discriminatory

practice under this article, may file a complaint with respect to the

same grievance under this section or under section two hundred

ninety-six-a of this article. In cases of housing discrimination only, a

person whose complaint has been dismissed by the division after

investigation for lack of jurisdiction or lack of probable cause may

file the same cause of action in a court of appropriate jurisdiction

pursuant to this section, unless judicial review of such dismissal has

been sought pursuant to section two hundred ninety-eight of this

article. The attorney general shall have the power to commence an action

or proceeding in the supreme court of the state of New York, if, upon

information or belief, the attorney general is of the opinion that an

employer has been, is, or is about to violate the provisions regarding

unlawful discriminatory retaliation pursuant to subdivision seven of

section two hundred ninety-six of this article. Nothing in this section

shall in any way limit rights or remedies which are otherwise available

under law to the attorney general or any other person authorized to

bring an action under this section.

10. In an action or proceeding at law under this section or section

two hundred ninety-eight of this article, the commissioner or the court

may in its discretion award reasonable attorney's fees to any prevailing

or substantially prevailing party; provided, however, that a prevailing

respondent or defendant in order to recover such reasonable attorney's

fees must make a motion requesting such fees and show that the action or

proceeding brought was frivolous; and further provided that in a

proceeding brought in the division of human rights, the commissioner may

only award attorney's fees as part of a final order after a public

hearing held pursuant to subdivision four of this section. In no case

shall attorney's fees be awarded to the division, nor shall the division

be liable to a prevailing or substantially prevailing party for

attorney's fees, except in a case in which the division is a party to

the action or the proceeding in the division's capacity as an employer.

Expert witness fees may be awarded in the same manner as attorney's

fees. In cases of employment discrimination, a respondent shall only be

liable for attorney's fees under this subdivision if the respondent has

been found liable for having committed an unlawful discriminatory

practice. In order to find the action or proceeding to be frivolous, the

court or the commissioner must find in writing one or more of the

following:

(a) the action or proceeding was commenced, used or continued in bad

faith, solely to delay or prolong the resolution of the litigation or to

harass or maliciously injure another; or

(b) the action or proceeding was commenced or continued in bad faith

without any reasonable basis and could not be supported by a good faith

argument for an extension, modification or reversal of existing law. If

the action or proceeding was promptly discontinued when the party or

attorney learned or should have learned that the action or proceeding

lacked such a reasonable basis, the court may find that the party or the

attorney did not act in bad faith.

§ 298 — Judicial review and enforcement

Judicial review and enforcement. Any complainant, respondent or

other person aggrieved by an order of the commissioner which is an order

after public hearing, a cease and desist order, an order awarding

damages, an order dismissing a complaint, or by an order of the division

which makes a final disposition of a complaint may obtain judicial

review thereof, and the division may obtain an order of court for its

enforcement and for the enforcement of any order of the commissioner

which has not been appealed to the court, in a proceeding as provided in

this section. Such proceeding shall be brought in the supreme court in

the county wherein the unlawful discriminatory practice which is the

subject of the order occurs or wherein any person required in the order

to cease and desist from an unlawful discriminatory practice or to take

other affirmative action resides or transacts business. Such proceeding

shall be initiated by the filing of a notice of petition and petition in

such court. Thereafter, at a time and in a manner to be specified by

rules of court, the division shall file with the court a written

transcript of the record of all prior proceedings. Upon the filing of a

notice of petition and petition, the court shall have jurisdiction of

the proceeding and of the questions determined therein, except that

where the order sought to be reviewed was made as a result of a public

hearing held pursuant to paragraph a of subdivision four of section two

hundred ninety-seven of this article, the court shall make an order

directing that the proceeding be transferred for disposition to the

appellate division of the supreme court in the judicial department

embracing the county in which the proceeding was commenced. The court

shall have power to grant such temporary relief or restraining order as

it deems just and proper, and to make and enter upon the pleadings,

testimony, and proceedings set forth in such transcript an order

enforcing, modifying, and enforcing as so modified, or setting aside in

whole or in part such order. No objection that has not been urged in

prior proceedings shall be considered by the court, unless the failure

or neglect to urge such objection shall be excused because of

extraordinary circumstances. Any party may move the court to remit the

case to the division in the interests of justice for the purpose of

adducing additional specified and material evidence and seeking findings

thereon, provided he or she shows reasonable grounds for the failure to

adduce such evidence in prior proceedings. The findings of facts on

which such order is based shall be conclusive if supported by sufficient

evidence on the record considered as a whole. All such proceedings shall

be heard and determined by the court and any appeal taken from its

judgment or order shall be reviewed by the appropriate appellate court

as expeditiously as possible and with lawful precedence over other

matters. The jurisdiction of the courts over these proceedings, as

provided for herein, shall be exclusive and their judgments and orders

shall be final, subject to appellate review in the same manner and form

and with the same effect as provided for appeals from a judgment in a

special proceeding. The division's copy of the testimony shall be

available at all reasonable times to all parties for examination without

cost and for the purposes of judicial review of such order. Any appeal

under this section and any proceeding, if instituted under article

seventy-eight of the civil practice law and rules to which the division

or the board is a party shall be heard on the record without requirement

of printing. The division may appear in court by one of its attorneys. A

proceeding under this section when instituted by any complainant,

respondent or other person aggrieved must be instituted within sixty

days after the service of such order. In cases of housing discrimination

only, a complaint dismissed after investigation for lack of jurisdiction

or lack of probable cause may either be appealed pursuant to this

section or the same cause of action may be filed in a court of

appropriate jurisdiction pursuant to section two hundred ninety-seven of

this article.

§ 298-a — Application of article to certain acts committed outside the state of New York

Application of article to certain acts committed outside the

state of New York. 1. The provisions of this article shall apply as

hereinafter provided to an act committed outside this state against a

resident of this state or against a corporation organized under the laws

of this state or authorized to do business in this state, if such act

would constitute an unlawful discriminatory practice if committed within

this state.

2. If a resident person or domestic corporation violates any provision

of this article by virtue of the provisions of this section, this

article shall apply to such person or corporation in the same manner and

to the same extent as such provisions would have applied had such act

been committed within this state except that the penal provisions of

such article shall not be applicable.

3. If a non-resident person or foreign corporation violates any

provision of this article by virtue of the provisions of this section,

such person or corporation shall be prohibited from transacting any

business within this state. Except as otherwise provided in this

subdivision, the provisions of section two hundred ninety-seven of this

article governing the procedure for determining and processing unlawful

discriminatory practices shall apply to violations defined by this

subdivision insofar as such provisions are or can be made applicable. If

the division of human rights has reason to believe that a non-resident

person or foreign corporation has committed or is about to commit

outside of this state an act which if committed within this state would

constitute an unlawful discriminatory practice and that such act is in

violation of any provision of this article by virtue of the provisions

of this section, it shall serve a copy of the complaint upon such person

or corporation by personal service either within or without the state or

by registered mail, return receipt requested, directed to such person or

corporation at his or her or its last known place of residence or

business, together with a notice requiring such person or corporation to

appear at a hearing, specifying the time and place thereof, and to show

cause why a cease and desist order should not be issued against such

person or corporation. If such person or corporation shall fail to

appear at such hearing or does not show sufficient cause why such order

should not be issued, the division shall cause to be issued and served

upon such person or corporation an order to cease or desist from the act

or acts complained of. Failure to comply with any such order shall be

followed by the issuance by the division of an order prohibiting such

person or corporation from transacting any business within this state. A

person or corporation who or which transacts business in this state in

violation of any such order is guilty of a class A misdemeanor. Any

order issued pursuant to this subdivision may be vacated by the division

upon satisfactory proof of compliance with such order. All orders issued

pursuant to this subdivision shall be subject to judicial review in the

manner prescribed by article seventy-eight of the civil practice law and

rules.

§ 299 — Penal provision

Penal provision. Any person, employer, labor organization or

employment agency, who or which shall wilfully resist, prevent, impede

or interfere with the division or any of its employees or

representatives in the performance of duty under this article, or shall

wilfully violate an order of the division or commissioner, shall be

guilty of a misdemeanor and be punishable by imprisonment in a

penitentiary, or county jail, for not more than one year, or by a fine

of not more than five hundred dollars, or by both; but procedure for the

review of the order shall not be deemed to be such wilful conduct.

§ 300 — Construction

Construction. The provisions of this article shall be construed

liberally for the accomplishment of the remedial purposes thereof,

regardless of whether federal civil rights laws, including those laws

with provisions worded comparably to the provisions of this article,

have been so construed. Exceptions to and exemptions from the provisions

of this article shall be construed narrowly in order to maximize

deterrence of discriminatory conduct. Nothing contained in this article

shall be deemed to repeal any of the provisions of the civil rights law

or any other law of this state relating to discrimination; but, as to

acts declared unlawful by section two hundred ninety-six of this

article, the procedure herein provided shall, while pending, be

exclusive; and the final determination therein shall exclude any other

state civil action based on the same grievance of the individual

concerned. If such individual institutes any action based on such

grievance without resorting to the procedure provided in this article,

he or she may not subsequently resort to the procedure herein.

§ 301 — Separability

Separability. If any clause, sentence, paragraph or part of

this article or the application thereof to any person or circumstances,

shall, for any reason, be adjudged by a court of competent jurisdiction

to be invalid, such judgment shall not affect, impair or invalidate the

remainder of this article.

ARTICLE 15-A Participation By Minority Group Members and Women With Respect to State Contracts

§ 310 — Definitions

* § 310. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Certified business" shall mean a business verified as a minority

or women-owned business enterprise pursuant to section three hundred

fourteen of this article.

2. "Contracting agency" shall mean a state agency which is a party or

a proposed party to a state contract or, in the case of a state contract

described in paragraph (c) of subdivision thirteen of this section,

shall mean the New York state housing finance agency, housing trust fund

corporation or affordable housing corporation, whichever has made or

proposes to make the grant or loan for the state assisted housing

project.

3. "Contractor" shall mean an individual, a business enterprise,

including a sole proprietorship, a partnership, a corporation, a

not-for-profit corporation, or any other party to a state contract, or a

bidder in conjunction with the award of a state contract or a proposed

party to a state contract.

4. "Director" shall mean the director of the division of minority and

women's business development in the department of economic development.

5. "Large county" shall mean a county having a population in excess of

two hundred eighty-five thousand according to the most recent federal

decennial census, provided however, that a county having a population in

excess of two hundred eighty-five thousand according to the nineteen

hundred eighty federal decennial census shall continue to be a large

county thereafter notwithstanding a later census showing a population of

less than two hundred eighty-five thousand for such county.

6. "Metropolitan area" shall mean a city with a population of one

million or more and a county having a population in excess of one

million and immediately contiguous to such city.

7. "Minority-owned business enterprise" shall mean a business

enterprise, including a sole proprietorship, partnership, limited

liability company or corporation that is:

(a) at least fifty-one percent owned by one or more minority group

members;

(b) an enterprise in which such minority ownership is real,

substantial and continuing;

(c) an enterprise in which such minority ownership has and exercises

the authority to control independently the day-to-day business decisions

of the enterprise;

(d) an enterprise authorized to do business in this state and

independently owned and operated;

(e) an enterprise owned by an individual or individuals, whose

ownership, control and operation are relied upon for certification, with

a personal net worth that does not exceed fifteen million dollars, and

such other amount as the director shall set forth in regulations, as

adjusted annually on the first of January for inflation according to the

consumer price index of the previous year; and

(f) an enterprise that is a small business pursuant to subdivision

twenty of this section.

8. "Minority group member" shall mean a United States citizen or

permanent resident noncitizen who is and can demonstrate membership in

one of the following groups:

(a) Black persons having origins in any of the Black African racial

groups;

(b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican,

Cuban, Central or South American of either Indian or Hispanic origin,

regardless of race;

(c) Native American or Alaskan native persons having origins in any of

the original peoples of North America.

(d) Asian and Pacific Islander persons having origins in any of the

Far East countries, South East Asia, the Indian subcontinent or the

Pacific Islands.

9. "Utilization plan" shall mean a plan prepared by a contractor and

submitted in connection with a proposed state contract. The utilization

plan shall identify certified minority or women-owned business

enterprises, if known, that have committed to perform work in connection

with the proposed state contract as well as any such enterprises, if

known, which the contractor intends to use in connection with the

contractor's performance of the proposed state contract. The plan shall

specifically contain a list, including the name, address and telephone

number, of each certified enterprise with which the contractor intends

to subcontract.

10. "Office" shall mean the division of minority and women's business

development in the department of economic development.

11. "State agency" shall mean (a) (i) any state department, or (ii)

any division, board, commission or bureau of any state department, or

(iii) the state university of New York and the city university of New

York, including all their constituent units except community colleges

and the independent institutions operating statutory or contract

colleges on behalf of the state, or (iv) a board, a majority of whose

members are appointed by the governor or who serve by virtue of being

state officers or employees as defined in subparagraph (i), (ii) or

(iii) of paragraph (i) of subdivision one of section seventy-three of

the public officers law:

(b) a "state authority," as defined in subdivision one of section two

of the public authorities law, and the following:

Albany County Airport Authority;

Albany Port District Commission;

Alfred, Almond, Hornellsville Sewer Authority;

Battery Park City Authority;

Cayuga County Water and Sewer Authority;

(Nelson A. Rockefeller) Empire State Plaza Performing Arts

Center Corporation;

Industrial Exhibit Authority;

Livingston County Water and Sewer Authority;

Long Island Power Authority;

Long Island Rail Road;

Long Island Market Authority;

Manhattan and Bronx Surface Transit Operating Authority;

Metro-North Commuter Railroad;

Metropolitan Suburban Bus Authority;

Metropolitan Transportation Authority;

Natural Heritage Trust;

New York City Transit Authority;

New York Convention Center Operating Corporation;

New York State Bridge Authority;

New York State Olympic Regional Development Authority;

New York State Thruway Authority;

Niagara Falls Public Water Authority;

Niagara Falls Water Board;

Port of Oswego Authority;

Power Authority of the State of New York;

Roosevelt Island Operating Corporation;

Schenectady Metroplex Development Authority;

State Insurance Fund;

Staten Island Rapid Transit Operating Authority;

State University Construction Fund;

Syracuse Regional Airport Authority;

Triborough Bridge and Tunnel Authority.

Upper Mohawk valley regional water board.

Upper Mohawk valley regional water finance authority.

Upper Mohawk valley memorial auditorium authority.

Urban Development Corporation and its subsidiary corporations.

(c) the following only to the extent of state contracts entered into

for its own account or for the benefit of a state agency as defined in

paragraph (a) or (b) of this subdivision:

Dormitory Authority of the State of New York;

Facilities Development Corporation;

New York State Energy Research and Development Authority;

New York State Science and Technology Foundation.

12. "State assisted housing project" shall mean, for such projects

which receive from the New York state housing finance agency, the

affordable housing corporation, the housing trust fund corporation or

the division of housing and community renewal a grant or loan for all or

part of the total project cost:

(a) a "permanent housing project for homeless families" or "project"

as defined in subdivision five of section sixty-four of the private

housing finance law;

(b) a "project" as defined in subdivision twelve of section one

thousand one hundred one of the private housing finance law provided

said project is located in a large county and consists of more than

twelve residential units at a single site;

(c) "affordable home ownership development programs" or "project" as

defined in subdivision eight of section one thousand one hundred eleven

of the private housing finance law provided said project is located in a

metropolitan area as herein defined and consists of more than twelve

residential units at a single site;

(d) a "turnkey/enhanced rental project" or "project" as defined in

subdivision two of section one thousand one hundred six-a of the private

housing finance law;

(e) "infrastructure improvements" as defined in subdivision two of

section one thousand one hundred thirty-one of the private housing

finance law, to the extent that such "infrastructure improvements" are

applied for in connection with a state assisted housing project as

defined in paragraphs (a) through (d) of this subdivision and provided

further that the applicant for such infrastructure improvements and for

such state assisted housing project are identical.

13. "State contract" shall mean: (a) a written agreement or purchase

order instrument, providing for a total expenditure in excess of

twenty-five thousand dollars, whereby a contracting agency is committed

to expend or does expend funds in return for labor, services including

but not limited to legal, financial and other professional services,

supplies, equipment, materials or any combination of the foregoing, to

be performed for, on behalf of, or rendered or furnished to the

contracting agency; (b) a written agreement in excess of one hundred

thousand dollars whereby a contracting agency is committed to expend or

does expend funds for the acquisition, construction, demolition,

replacement, major repair or renovation of real property and

improvements thereon; and (c) a written agreement in excess of one

hundred thousand dollars whereby the owner of a state assisted housing

project is committed to expend or does expend funds for the acquisition,

construction, demolition, replacement, major repair or renovation of

real property and improvements thereon for such project.

14. "Subcontract" shall mean an agreement providing for a total

expenditure in excess of twenty-five thousand dollars for the

construction, demolition, replacement, major repair, renovation,

planning or design of real property and improvements thereon between a

contractor and any individual or business enterprise, including a sole

proprietorship, partnership, corporation, or not-for-profit corporation,

in which a portion of a contractor's obligation under a state contract

is undertaken or assumed, but shall not include any construction,

demolition, replacement, major repair, renovation, planning or design of

real property or improvements thereon for the beneficial use of the

contractor.

15. "Women-owned business enterprise" shall mean a business

enterprise, including a sole proprietorship, partnership, limited

liability company or corporation that is:

(a) at least fifty-one percent owned by one or more United States

citizens or permanent resident noncitizens who are women;

(b) an enterprise in which the ownership interest of such women is

real, substantial and continuing;

(c) an enterprise in which such women ownership has and exercises the

authority to control independently the day-to-day business decisions of

the enterprise;

(d) an enterprise authorized to do business in this state and

independently owned and operated;

(e) an enterprise owned by an individual or individuals, whose

ownership, control and operation are relied upon for certification, with

a personal net worth that does not exceed fifteen million dollars, and

such other amount as the director shall set forth in regulations, as

adjusted annually on the first of January for inflation according to the

consumer price index of the previous year; and

(f) an enterprise that is a small business pursuant to subdivision

twenty of this section.

A firm owned by a minority group member who is also a woman may be

certified as a minority-owned business enterprise, a women-owned

business enterprise, or both, and may be counted towards either a

minority-owned business enterprise goal or a women-owned business

enterprise goal, in regard to any contract or any goal, set by an agency

or authority, but such participation may not be counted towards both

such goals. Such an enterprise's participation in a contract may not be

divided between the minority-owned business enterprise goal and the

women-owned business enterprise goal.

16. "Statewide advocate" shall mean the person appointed by the

director to serve in the capacity of the minority and women-owned

business enterprise statewide advocate and procurement ombudsman.

17. "Commissioner" shall mean the commissioner of the department of

economic development.

18. "Lessee" shall mean an individual, a business enterprise,

including a sole proprietorship, a partnership, a corporation, a

not-for-profit corporation, or any other party to a lease with a state

agency as defined in subdivision eleven of this section, or a respondent

in conjunction with the award of such a lease or a proposed lessee with

a state agency as defined in subdivision eleven of this section.

19. "Personal net worth" shall mean the aggregate adjusted net value

of the assets of an individual remaining after total liabilities are

deducted. Personal net worth includes the individual's share of assets

held jointly with said individual's spouse and does not include the

individual's ownership interest in the certified minority and

women-owned business enterprise, the individual's equity in his or her

primary residence, ownership interest in a holding company established

for the exclusive and sole purpose of leasing machinery, equipment, or

vehicles exclusively to the certified minority or women-owned business

enterprise that is majority owned by the minority group member or woman

relied upon for certification, and the holding company does not own any

other assets of any kind, or up to seven hundred fifty thousand dollars

of the present cash value of any qualified retirement savings plan or

individual retirement account held by the individual less any penalties

for early withdrawal.

20. "Small business" as used in this section, unless otherwise

indicated, shall mean a business which has a significant business

presence in the state, is independently owned and operated, not dominant

in its field and employs, based on its industry, a certain number of

persons as determined by the director, but not to exceed three hundred,

except during a declared state disaster emergency as defined pursuant to

section twenty-eight of this chapter, not to exceed three hundred

employees who work thirty or more hours per week over the period of

fifty-two weeks for a total of one thousand five hundred sixty hours

worked, taking into consideration factors which include, but are not

limited to, federal small business administration standards pursuant to

13 CFR part 121 and any amendments thereto. The director may issue

regulations on the construction of the terms in this definition. For

purposes of this subdivision, an employee may break from employment for

up to thirteen weeks without the fifty-two week lookback period

resetting.

21. "The disparity study" shall refer to the disparity study

commissioned by the department of economic development, pursuant to

section three hundred twelve-a of this article, and published on June

thirtieth, two thousand seventeen.

22. "Diversity practices" shall mean the contractor's practices and

policies with respect to:

(a) utilizing or mentoring certified minority and women-owned business

enterprises in contracts awarded by a state agency or other public

corporation, as subcontractors and suppliers; and

(b) entering into partnerships, joint ventures or other similar

arrangements with certified minority and women-owned business

enterprises as defined in this article or other applicable statute or

regulation governing an entity's utilization of minority or women-owned

business enterprises.

23. "Provisional MWBE Certification" shall mean minority and

women-owned business enterprise certification status which shall not

exceed one year, but which may be renewed by the director.

* NB Repealed July 1, 2028

§ 311 — Division of minority and women's business development

* § 311. Division of minority and women's business development. 1. The

head of the division of minority and women's business development shall

be the director who shall be appointed by the governor and hold office

at the pleasure of the commissioner. It shall be the duty of the

director of the division of minority and women's business development to

assist the governor in the formulation and implementation of laws and

policies relating to minority and women-owned business enterprises.

2. The director may appoint such deputies, assistants, and other

employees as may be needed for the performance of the duties prescribed

herein subject to the provisions of the civil service law and the rules

and regulations of the civil service commission. The director may

request and shall receive from any department, division, board, bureau,

executive commission or agency of the state such assistance as may be

necessary to carry out the provisions of this article.

3. The director shall have the following powers and duties:

(a) to encourage and assist contracting agencies in their efforts to

increase participation by minority and women-owned business enterprises

on state contracts and subcontracts so as to facilitate the award of a

fair share of such contracts to them;

(b) to develop standardized forms and reporting documents necessary to

implement this article;

(c) to conduct educational programs consistent with the purposes of

this article;

(d) to review periodically the practices and procedures of each

contracting agency with respect to compliance with the provisions of

this article, and to require them to file periodic reports with the

division of minority and women's business development as to the level of

minority and women-owned business enterprises participation in the

awarding of agency contracts for goods and services;

(d-1) to require all contracting state agencies to develop a four-year

growth plan to determine a means of promoting and increasing

participation by minority-owned and women-owned business enterprises

with respect to state contracts and subcontracts. Every four years,

beginning September fifteenth, two thousand twenty, each contracting

state agency shall submit a four-year growth plan as part of its annual

report to the governor and legislature pursuant to section one hundred

sixty-four of this chapter.

(e) on January first of each year report to the governor and the

chairpersons of the senate finance and assembly ways and means

committees on the level of minority and women-owned business enterprises

participating in each agency's contracts for goods and services and on

activities of the office and effort by each contracting agency to

promote employment of minority group members and women, and to promote

and increase participation by certified businesses with respect to state

contracts and subcontracts so as to facilitate the award of a fair share

of state contracts to such businesses. The comptroller shall assist the

division in collecting information on the participation of certified

business for each contracting agency. Such report may recommend new

activities and programs to effectuate the purposes of this article;

(f) to prepare and update, no less than annually, a directory of

certified minority and women-owned business enterprises which shall,

wherever practicable, (i) make publicly available records of all

certifications and recertifications, (ii) be divided into categories of

labor, services, supplies, equipment, materials and recognized

construction trades, and (iii) indicate areas or locations of the state

where such enterprises are available to perform services;

(g) to appoint independent hearing officers who by contract or terms

of employment shall preside over adjudicatory hearings pursuant to

section three hundred fourteen of this article for the office and who

are assigned no other work by the office;

(h) to make publicly available on the division's website records of

all revocations of certification for convictions for fraudulently

misrepresenting the status of minority or women-owned business

enterprises or for evidence of fraudulent conduct with regard to

participation of a minority or women-owned business enterprise in the

performance of state contracts and the reasoning for such revocations

after a final determination has been made, provided that information

falling into the categories enumerated in paragraphs (a) through (j) of

subdivision two of section eighty-seven of the public officers law shall

be withheld;

(i) notwithstanding the provisions of section two hundred ninety-six

of this chapter, to file a complaint pursuant to the provisions of

section two hundred ninety-seven of this chapter where the director has

knowledge that a contractor may have violated the provisions of

paragraph (a), (b) or (c) of subdivision one of section two hundred

ninety-six of this chapter where such violation is unrelated, separate

or distinct from the state contract as expressed by its terms;

(j) to streamline the state certification process to accept federal

and municipal corporation certifications;

(k) to make publicly available on the division's website records of

all waivers of compliance reported pursuant to paragraph (b) of

subdivision six of section three hundred thirteen of this article,

including the reasoning for denial of such waivers after a final

determination has been made, provided that information falling into the

categories enumerated in paragraphs (a) through (j) of subdivision two

of section eighty-seven of the public officers law shall be withheld;

(l) to work in conjunction with the industrial commissioner pursuant

to paragraph (j) of subdivision one of section eight hundred eleven of

the labor law to assist contractors in identifying minority group

members and women who are participating in apprenticeship agreements

under article twenty-three of the labor law; and

(m) to coordinate with appropriate offices, agencies, or authorities,

where applicable, to conduct site visits or perform inspections of

financial records of minority or women-owned business enterprises in

accordance with this article and the regulations of the director.

4. The director shall provide assistance to, and facilitate access to

programs serving certified businesses as well as applicants to ensure

that such businesses benefit, as needed, from technical, managerial and

financial, and general business assistance; training; marketing;

organization and personnel skill development; project management

assistance; technology assistance; bond and insurance education

assistance; and other business development assistance. The director

shall maintain a toll-free number at the department of economic

development to be used to answer questions concerning the MWBE

certification process. In addition, the director may, either

independently or in conjunction with other state agencies:

(a) develop a clearinghouse of information on programs and services

provided by entities that may assist such businesses;

(b) review bonding and paperwork requirements imposed by contracting

agencies that may unnecessarily impede the ability of such businesses to

compete; and

(c) seek to maximize utilization by minority and women-owned business

enterprises of available federal resources including but not limited to

federal grants, loans, loan guarantees, surety bonding guarantees,

technical assistance, and programs and services of the federal small

business administration.

(d) conduct outreach events, training workshops, seminars, and other

such educational programs throughout the state, including all regional

offices, to state agencies, external stakeholders, and the public, to

promote awareness and utilization of minority and women-owned business

enterprises; and

(e) identify and establish mentorship opportunities and other business

development programs to increase capacity and better prepare MWBEs for

bidding on contracts with state agencies upon successful completion of

the mentorship opportunity. Such mentorship opportunities shall be

intended to ensure that mentor and mentee are connected based on a

commercially useful function.

* NB Repealed July 1, 2028

§ 311-a — Minority and women-owned business enterprise statewide advocate

* § 311-a. Minority and women-owned business enterprise statewide

advocate. 1. There is hereby established within the division of minority

and women's business an office of the minority and women-owned business

enterprise statewide advocate. The statewide advocate shall be appointed

by the commissioner with the advice of the small business advisory board

as established in section one hundred thirty-three of the economic

development law and shall serve in the unclassified service of the

director..

2. The advocate shall act as a liaison for minority and women-owned

business enterprises (MWBEs) to assist them in obtaining technical,

managerial, financial and other business assistance for certified

businesses and applicants. The advocate shall receive and investigate

complaints brought by or on behalf of MWBEs concerning certification

delays and instances of violations of the requirements of this article

by contractors and by state agencies. The statewide advocate may assist

certified businesses and applicants in the certification process. Other

functions of the statewide advocate shall be directed by the

commissioner. The advocate may request and the director may appoint

staff and employees of the division of minority and women business

development to support the administration of the office of the statewide

advocate.

3. The statewide advocate shall conduct periodic audits of state

contracting agencies' compliance with the requirements of section three

hundred fifteen of this article, such audits shall include a review of

the books and records of state contracting agencies concerning, among

other things, annual agency expenditures, annual participation of

minority and women-owned business enterprises as prime contractors and

subcontractors in state contracting agencies' state contracts, and

documentation of state contracting agencies' good faith efforts to

maximize minority and women-owned business enterprise participation in

such agencies' contracting.

4. The statewide advocate shall investigate complaints by certified

minority-owned business enterprises or women-owned business enterprises

concerning a procuring governmental entity's failure to comply with the

requirements of section three hundred fifteen of this article.

5. The statewide advocate shall report to the director and

commissioner by November fifteenth on an annual basis on all activities

related to fulfilling the obligations of the office of the statewide

advocate including, but not limited to: (a) the number of complaints

investigated; (b) the resolution of complaints, as applicable; and (c)

information regarding audits conducted pursuant to this subdivision. The

director shall include the unedited text of the statewide advocate's

report within the reports submitted by the department of economic

development to the governor and the legislature.

* NB Repealed July 1, 2028

§ 312 — Equal employment opportunities for minority group members and women

* § 312. Equal employment opportunities for minority group members and

women. 1. All state contracts and all documents soliciting bids or

proposals for state contracts shall contain or make reference to the

following provisions:

(a) The contractor will not discriminate against employees or

applicants for employment because of race, creed, color, national

origin, sex, age, disability or marital status, and will undertake or

continue existing programs of affirmative action to ensure that minority

group members and women are afforded equal employment opportunities

without discrimination. For purposes of this article affirmative action

shall mean recruitment, employment, job assignment, promotion,

upgradings, demotion, transfer, layoff, or termination and rates of pay

or other forms of compensation.

(b) At the request of the contracting agency, the contractor shall

request each employment agency, labor union, or authorized

representative of workers with which it has a collective bargaining or

other agreement or understanding, to furnish a written statement that

such employment agency, labor union or representative will not

discriminate on the basis of race, creed, color, national origin, sex,

age, disability or marital status and that such union or representative

will affirmatively cooperate in the implementation of the contractor's

obligations herein.

(c) The contractor shall state, in all solicitations or advertisements

for employees, that, in the performance of the state contract, all

qualified applicants will be afforded equal employment opportunities

without discrimination because of race, creed, color, national origin,

sex, age, disability or marital status.

2. The contractor will include the provisions of subdivision one of

this section in every subcontract, except as provided in subdivision six

of this section, in such a manner that the provisions will be binding

upon each subcontractor as to work in connection with the state

contract.

3. The provisions of this section shall not be binding upon

contractors or subcontractors in the performance of work or the

provision of services or any other activity that are unrelated, separate

or distinct from the state contract as expressed by its terms.

4. In the implementation of this section, the contracting agency shall

consider compliance by a contractor or subcontractor with the

requirements of any federal law concerning equal employment opportunity

which effectuates the purpose of this section. The contracting agency

shall determine whether the imposition of the requirements of the

provisions hereof duplicate or conflict with any such law and if such

duplication or conflict exists, the contracting agency shall waive the

applicability of this section to the extent of such duplication or

conflict.

5. The director shall promulgate rules and regulations to ensure that

contractors and subcontractors undertake programs of affirmative action

and equal employment opportunity as required by this section. Such rules

and regulations as they pertain to any particular agency shall be

developed after consultation with contracting agencies. Such rules and

regulations may require a contractor, after notice in a bid

solicitation, to submit an equal employment opportunity program after

bid opening and prior to the award of any contract, and may require the

contractor or subcontractor to submit compliance reports relating to the

contractor's or subcontractor's operation and implementation of any

equal employment opportunity program in effect as of the date the

contract is executed. The contracting agency may recommend to the

director that the director take appropriate action according to the

procedures set forth in section three hundred sixteen of this article

against the contractor for noncompliance with the requirements of this

section. The contracting agency shall be responsible for monitoring

compliance with this section.

6. The requirements of this section shall not apply to any employment

outside this state or application for employment outside this state or

solicitations or advertisements therefor, or any existing programs of

affirmative action regarding employment outside this state and the

effect of contract provisions required by subdivision one of this

section shall be so limited.

* NB Repealed July 1, 2028

§ 312-a — Study of minority and women-owned business enterprises

* § 312-a. Study of minority and women-owned business enterprises. 1.

The director of the division of minority and women-owned business

development is authorized and directed to recommission a statewide

disparity study regarding the participation of minority and women-owned

business enterprises in state contracts since the amendment of this

article to be delivered to the governor and legislature no later than

August fifteenth, two thousand twenty-four. The study shall be prepared

by an entity independent of the department and selected through a

request for proposal process. The purpose of such study is:

(a) to determine whether there is a disparity between the number of

qualified minority and women-owned businesses ready, willing and able to

perform state contracts for commodities, services and construction, and

the number of such contractors actually engaged to perform such

contracts, and to determine what changes, if any, should be made to

state policies affecting minority and women-owned business enterprises;

(b) to determine whether there is a disparity between the number of

qualified minorities and women ready, willing and able, with respect to

labor markets, qualifications and other relevant factors, to participate

in contractor employment, management level bodies, including boards of

directors, and as senior executive officers within contracting entities

and the number of such group members actually employed or affiliated

with state contractors in the aforementioned capacities, and to

determine what changes, if any, should be made to state policies

affecting minority and women group populations with regard to state

contractors' employment and appointment practices relative to diverse

group members. Such study shall include, but not be limited to, an

analysis of the history of minority and women-owned business enterprise

programs and their effectiveness as a means of securing and ensuring

participation by minorities and women, and a disparity analysis by

market area and region of the state. Such study shall distinguish

between minority males, minority females and non-minority females in the

statistical analysis; and

(c) such study shall also include an analysis of the utilization on

state agency contracts of businesses owned by an Indian nation or tribe,

as such term is defined in section two of the Indian law, whether a

disparity exists between availability of such businesses to participate

on state agency contracts and utilization, and, if so, the feasibility

of authorizing an Indian nation or tribe owned businesses to become

certified as a participant in the minority and women-owned business

enterprise program.

2. The director of the division of minority and women's business

development is directed to transmit the disparity study to the governor

and the legislature not later than August fifteenth, two thousand

twenty-four, and to post the study on the website of the department of

economic development.

3. The director of the division of minority and women-owned business

development is authorized and directed to commission a policy study

analyzing potential ways to improve the effectiveness of the state

minority and women-owned business enterprise program in order to better

help minority and women-owned businesses, to be delivered to the

governor and legislature. The study shall be prepared by an entity

independent of the department of economic development and selected

through a request for proposal process. The purpose of such study shall

be to provide recommendations to further strengthen and increase the

effectiveness of the state minority and women-owned business enterprise

program. The director of the division of minority and women's business

development is directed to transmit the policy study to the governor and

the legislature not later than May first, two thousand twenty-seven, and

to post the study on the website of the department of economic

development.

* NB Repealed July 1, 2028

§ 313 — Opportunities for minority and women-owned business enterprises

* § 313. Opportunities for minority and women-owned business

enterprises. 1. Goals and requirements for agencies and contractors.

Each agency shall structure procurement procedures for contracts made

directly or indirectly to minority and women-owned business enterprises,

in accordance with the findings of the disparity study, consistent with

the purposes of this article, to attempt to achieve the recommended

results with regard to total annual statewide procurement in the

following industries:

(a) construction industry for certified minority-owned business

enterprises;

(b) construction industry for certified women-owned business

enterprises;

(c) construction related professional services industry for certified

minority-owned business enterprises;

(d) construction related professional services industry for certified

women-owned business enterprises;

(e) non-construction related services industry for certified

minority-owned business enterprises;

(f) non-construction related services industry for certified

women-owned business enterprises;

(g) commodities industry for certified minority-owned business

enterprises;

(h) commodities industry for certified women-owned business

enterprises;

(i) overall agency total dollar value of procurement for certified

minority-owned business enterprises;

(j) overall agency total dollar value of procurement for certified

women-owned business enterprises; and

(k) overall agency total dollar value of procurement for certified

minority, women-owned business enterprises.

1-a. The director shall ensure that each state agency has been

provided with an electronic copy of the disparity study.

1-b. Each agency shall develop and adopt agency-specific goals based

on the findings of the disparity study.

1-c. The goals set pursuant to subdivision one of this section shall

be consistent with the findings of the disparity study.

2. The director shall promulgate rules and regulations based on

subdivision one of this section and the findings of the disparity study

that provide measures and procedures to ensure that certified minority

and women-owned businesses shall be given the opportunity for maximum

feasible participation in the performance of state contracts and to

assist in the agency's identification of those state contracts for which

minority and women-owned certified businesses may best bid to actively

and affirmatively promote and assist their participation in the

performance of state contracts so as to facilitate the agency's

achievement of the maximum feasible portion of the goals for state

contracts to such businesses.

2-a. The director shall promulgate rules and regulations that will

accomplish the following:

(a) provide for the certification and decertification of minority and

women-owned business enterprises for all agencies through a single

process that meets applicable requirements;

(b) require that each contract solicitation document accompanying each

solicitation set forth the expected degree of minority and women-owned

business enterprise participation based, in part, on:

(i) the potential subcontract opportunities available in the prime

procurement contract;

(ii) the availability, as contained within the study, of certified

minority and women-owned business enterprises to respond competitively

to the potential subcontract opportunities as reflected in the

division's directory of certified minority and women-owned business

enterprises; and

(iii) the findings of the disparity study;

(c) require that each agency provide a current list of certified

minority business enterprises to each prospective contractor or direct

them to the division's directory of certified minority and women-owned

business enterprises for such purpose;

(d) allow a contractor that is a certified minority-owned or

women-owned business enterprise to use the work it performs to meet

requirements for use of certified minority-owned or women-owned business

enterprises as subcontractors;

(e) establish criteria for agencies to credit the participation of

minority and women-owned business enterprises towards the achievement of

the minority and women-owned business enterprise participation goals on

a state contract based on the commercially useful function provided by

each minority and women-owned business enterprise on the contract;

(f) provide for joint ventures, which a bidder may count toward

meeting its minority and women-owned business enterprise participation;

(g) consistent with subdivision six of this section, provide for

circumstances under which an agency may waive obligations of the

contractor relating to minority and women-owned business enterprise

participation;

(h) require that an agency verify that minority and women-owned

business enterprises listed in a successful bid are actually

participating to the extent listed in the project for which the bid was

submitted;

(i) provide for the collection of statistical data by each agency

concerning actual minority and women-owned business enterprise

participation;

(j) require each agency to consult the most current disparity study

when calculating agency-wide and contract specific participation goals

pursuant to this article; and

Such rules shall set forth the maximum personal net worth of a

minority group member or woman who may be relied upon to certify a

business as a minority-owned business enterprise or women-owned business

enterprise, and may establish different maximum levels of personal net

worth for minority group members and women on an industry-by-industry

basis for such industries as the director shall determine. Such

regulations relating to the classification of the industry-by-industry

personal net worth thresholds above the fifteen million dollar threshold

shall consider the personal net worth of the owners of both certified

and non-certified businesses, including but not limited to, prime

contractors and subcontractors, as well as any such other factors needed

to establish such thresholds. The provisions of the regulations

pertaining to personal net worth shall, to the extent practicable, be

implemented by June thirtieth, two thousand twenty and shall consider

adjustments for inflation annually on January first of the previous year

according to the consumer price index.

3. Solely for the purpose of providing the opportunity for meaningful

participation by certified businesses in the performance of state

contracts as provided in this section, state contracts shall include

leases of real property by a state agency to a lessee where: the terms

of such leases provide for the construction, demolition, replacement,

major repair or renovation of real property and improvements thereon by

such lessee; and the cost of such construction, demolition, replacement,

major repair or renovation of real property and improvements thereon

shall exceed the sum of one hundred thousand dollars. Reports to the

director pursuant to section three hundred fifteen of this article shall

include activities with respect to all such state contracts. Contracting

agencies shall include or require to be included with respect to state

contracts for the acquisition, construction, demolition, replacement,

major repair or renovation of real property and improvements thereon,

such provisions as may be necessary to effectuate the provisions of this

section in every bid specification and state contract, including, but

not limited to: (a) provisions requiring contractors to make a good

faith effort to solicit active participation by enterprises identified

in the directory of certified businesses; (b) requiring the parties to

agree as a condition of entering into such contract, to be bound by the

provisions of section three hundred sixteen of this article; and (c)

requiring the contractor to include the provisions set forth in

paragraphs (a) and (b) of this subdivision in every subcontract in a

manner that the provisions will be binding upon each subcontractor as to

work in connection with such contract. Provided, however, that no such

provisions shall be binding upon contractors or subcontractors in the

performance of work or the provision of services that are unrelated,

separate or distinct from the state contract as expressed by its terms,

and nothing in this section shall authorize the director or any

contracting agency to impose any requirement on a contractor or

subcontractor except with respect to a state contract.

4. In the implementation of this section, the contracting agency shall

(a) consult the findings contained within the disparity study evidencing

relevant industry specific disparities in the utilization of minority

and women-owned businesses relative to their availability;

(b) implement a program that will enable the agency to evaluate each

contract to determine the appropriate goal for participation by

minority-owned business enterprises and women-owned business

enterprises;

(c) consider where practicable, the severability of construction

projects and other bundled contracts; and

(d) consider compliance with the requirements of any federal law

concerning opportunities for minority and women-owned business

enterprises which effectuates the purpose of this section. The

contracting agency shall determine whether the imposition of the

requirements of any such law duplicate or conflict with the provisions

hereof and if such duplication or conflict exists, the contracting

agency shall waive the applicability of this section to the extent of

such duplication or conflict.

5. (a) Contracting agencies shall administer the rules and regulations

promulgated by the director in a good faith effort to achieve the

maximum feasible participation by minority and women owned business

enterprises adopted pursuant to this article and the regulations of the

director. Such rules and regulations: shall require a contractor to

submit a utilization plan after bids are opened, when bids are required,

but prior to the award of a state contract; shall require the

contracting agency to review the utilization plan submitted by the

contractor and to post the utilization plan and any waivers of

compliance issued pursuant to subdivision six of this section on the

website of the contracting agency; shall require the contracting agency

to notify the contractor in writing within a period of time specified by

the director as to any deficiencies contained in the contractor's

utilization plan; shall require remedy thereof within a period of time

specified by the director; shall require the contractor to submit

compliance reports relating to the operation and implementation of any

utilization plan; shall not allow any automatic waivers but shall allow

a contractor to apply for a partial or total waiver of the minority and

women-owned business enterprise participation requirements pursuant to

subdivisions six and seven of this section; shall allow a contractor to

file a complaint with the director pursuant to subdivision eight of this

section in the event a contracting agency has failed or refused to issue

a waiver of the minority and women-owned business enterprise

participation requirements or has denied such request for a waiver; and

shall allow a contracting agency to file a complaint with the director

pursuant to subdivision nine of this section in the event a contractor

is failing or has failed to comply with the minority and women-owned

business enterprise participation requirements set forth in the state

contract where no waiver has been granted.

(b) The rules and regulations promulgated pursuant to this subdivision

regarding a utilization plan shall provide that where enterprises have

been identified within a utilization plan, a contractor shall attempt,

in good faith, to utilize such enterprise at least to the extent

indicated. A contracting agency may require a contractor to indicate,

within a utilization plan, what measures and procedures he or she

intends to take to comply with the provisions of this article, but may

not require, as a condition of award of, or compliance with, a contract

that a contractor utilize a particular enterprise in performance of the

contract.

(c) The rules and regulations promulgated pursuant to this subdivision

regarding compliance reports shall provide that such reports shall

include a standardized prepayment declaration, to be completed before

each payment to a contractor, in which: (i) a representative of the

contractor lists any business that was or shall be relied upon for

credit toward minority and women-owned business enterprise participation

and states under penalty of perjury that such business or businesses

appeared on the division's directory of certified minority and

women-owned business enterprises at the time of contracting and that

each business performed or shall perform a commercially useful function

on the contract; and (ii) a representative of any business that was or

shall be relied upon for credit toward minority and women-owned business

enterprise participation states under penalty of perjury that it

appeared on the division's directory of certified minority and

women-owned business enterprises at the time of contracting and

performed or shall perform a commercially useful function on the

contract. Such standardized prepayment declarations shall be submitted

electronically on a centralized state registry designated by the

division prior to any payment to a contractor. The rules and regulations

promulgated pursuant to this subdivision may also require the contractor

or subcontractor to submit documentation, as needed, to support any

statements made in such standardized prepayment declarations.

(d) Without limiting other grounds for the disqualification of bids or

proposals on the basis of non-responsibility, a contracting agency may

disqualify the bid or proposal of a contractor as being non-responsible

for failure to remedy notified deficiencies contained in the

contractor's utilization plan within a period of time specified in

regulations promulgated by the director after receiving notification of

such deficiencies from the contracting agency. Where failure to remedy

any notified deficiency in the utilization plan is a ground for

disqualification, that issue and all other grounds for disqualification

shall be stated in writing by the contracting agency. Where the

contracting agency states that a failure to remedy any notified

deficiency in the utilization plan is a ground for disqualification the

contractor shall be entitled to an administrative hearing, on a record,

involving all grounds stated by the contracting agency. Such hearing

shall be conducted by the appropriate authority of the contracting

agency to review the determination of disqualification. A final

administrative determination made following such hearing shall be

reviewable in a proceeding commenced under article seventy-eight of the

civil practice law and rules, provided that such proceeding is commenced

within thirty days of the notice given by certified mail return receipt

requested rendering such final administrative determination. Such

proceeding shall be commenced in the supreme court, appellate division,

third department and such proceeding shall be preferred over all other

civil causes except election causes, and shall be heard and determined

in preference to all other civil business pending therein, except

election matters, irrespective of position on the calendar. Appeals

taken to the court of appeals of the state of New York shall be subject

to the same preference.

6. (a) Where it appears that a contractor cannot, after a good faith

effort, comply with the minority and women-owned business enterprise

participation requirements set forth in a particular state contract, a

contractor may file a written application with the contracting agency

requesting a partial or total waiver of such requirements setting forth

the reasons for such contractor's inability to meet any or all of the

participation requirements together with an explanation of the efforts

undertaken by the contractor to obtain the required minority and

women-owned business enterprise participation. In implementing the

provisions of this section, the contracting agency shall consider the

number and types of minority and women-owned business enterprises

available to provide goods or services required under the contract in

the region in which the state contract is to be performed, the total

dollar value of the state contract, the scope of work to be performed

and the project size and term. If, based on such considerations, the

contracting agency determines there is not a reasonable availability of

contractors on the list of certified business to furnish services for

the project, it shall issue a waiver of compliance to the contractor. In

making such determination, the contracting agency shall first consider

the availability of other business enterprises located in the region and

shall thereafter consider the financial ability of minority and

women-owned businesses located outside the region in which the contract

is to be performed to perform the state contract.

(b) Upon the issuance of all waivers of compliance as provided in

paragraph (a) of this subdivision, the contracting agency shall: (i)

report the issuance of the waiver to the director; and (ii) publish on

the contracting agency's website on a monthly basis, if practicable, but

no less than on a quarterly basis, in a location easily accessible to

the general public: (1) information identifying the contract, including

the value of the contract; (2) the name of the contractor receiving the

waiver; (3) the date of the waiver; (4) whether the waiver was a partial

or total waiver; and (5) the specific contract provisions to which the

waiver applies.

7. For purposes of determining a contractor's good faith effort to

comply with the requirements of this section or to be entitled to a

waiver therefrom the contracting agency shall consider:

(a) whether the contractor has advertised in general circulation

media, trade association publications, and minority-focus and

women-focus media and, in such event, (i) whether or not certified

minority or women-owned businesses which have been solicited by the

contractor exhibited interest in submitting proposals for a particular

project by attending, or having attended, a pre-bid conference, if any,

scheduled by the state agency awarding the state contract with certified

minority and women-owned business enterprises; and

(ii) whether certified businesses which have been solicited by the

contractor have responded in a timely fashion to the contractor's

solicitations for timely competitive bid quotations prior to the

contracting agency's bid date; and

(b) whether the contractor provided timely written notification of

subcontracting opportunities on the state contract to appropriate

certified businesses that appear in the directory of certified

businesses prepared pursuant to paragraph (f) of subdivision three of

section three hundred eleven of this article; and

(c) whether the contractor can reasonably structure the amount of work

to be performed under subcontracts in order to increase the likelihood

of participation by certified businesses.

8. In the event that a contracting agency fails or refuses to issue a

waiver to a contractor as requested within twenty days after having made

application therefor pursuant to subdivision six of this section or if

the contracting agency denies such application, in whole or in part, the

contractor may file a complaint with the director pursuant to section

three hundred sixteen of this article setting forth the facts and

circumstances giving rise to the contractor's complaint together with a

demand for relief. The contractor shall serve a copy of such complaint

upon the contracting agency by personal service or by certified mail,

return receipt requested. The contracting agency shall be afforded an

opportunity to respond to such complaint in writing.

9. If, after the review of a contractor's minority and women-owned

business utilization plan or review of a periodic compliance report and

after such contractor has been afforded an opportunity to respond to a

notice of deficiency issued by the contracting agency in connection

therewith, it appears that a contractor is failing or refusing to comply

with the minority and women-owned business participation requirements as

set forth in the state contract and where no waiver from such

requirements has been granted, the contracting agency may file a written

complaint with the director pursuant to section three hundred sixteen of

this article setting forth the facts and circumstances giving rise to

the contracting agency's complaint together with a demand for relief.

The contracting agency shall serve a copy of such complaint upon the

contractor by personal service or by certified mail, return receipt

requested. The contractor shall be afforded an opportunity to respond to

such complaint in writing.

* NB Repealed July 1, 2028

§ 313-a — Diversity practices of state contractors

* § 313-a. Diversity practices of state contractors. The director

shall promulgate rules and regulations setting forth measures and

procedures to require all contracting agencies, where practicable,

feasible and appropriate, to assess the diversity practices of

contractors submitting bids or proposals in connection with the award of

a state contract. Such rules and regulations shall take into account:

the nature of the labor, services, supplies, equipment or materials

being procured by the state agency; the method of procurement required

to be used by a state agency to award the contract and minority and

women-owned business utilization plans required to be submitted pursuant

to sections three hundred twelve and three hundred thirteen of this

article; and such other factors as the director deems appropriate or

necessary to promote the award of state contracts to contractors having

sound diversity practices. Such assessment shall not in any way permit

the automatic rejection of a bid or procurement contract proposal based

on lack of adherence to diversity practices. Each bid or proposal shall

be analyzed on an individual per bid or per proposal basis with the

contractor's diversity practices considered as only a part of a wider

consideration of several factors when deciding to award or decline to

award a bid or proposal. The director shall develop the rules and

regulations required hereunder only after consultation with the state

procurement council established by section one hundred sixty-one of the

state finance law.

* NB Repealed July 1, 2028

§ 314 — Statewide certification program

* § 314. Statewide certification program. 1. The director shall

promulgate rules and regulations providing for the establishment of a

statewide certification program including rules and regulations

governing the approval, denial or revocation of any such certification

including revocations for convictions for fraudulently misrepresenting

the status of minority or women-owned business enterprises. Such rules

shall set forth the maximum personal net worth of a minority group

member or woman who may be relied upon to certify a business as a

minority-owned business enterprise or women-owned business enterprise

with a minimum personal net worth threshold of fifteen million dollars,

and may thereafter establish different maximum levels of personal net

worth for minority group members and women on an industry-by-industry

basis for such industries as the director shall determine. Such

regulations relating to the classification of the industry-by-industry

personal net worth thresholds above the fifteen million dollar threshold

shall consider the personal net worth of the owners of both certified

and non-certified businesses, including but not limited to, prime

contractors and subcontractors, as well as any such other factors needed

to establish such thresholds. Such rules and regulations shall include,

but not be limited to, such matters as may be required to ensure that

the established procedures thereunder shall at least be in compliance

with the code of fair procedure set forth in section seventy-three of

the civil rights law, and consistent with the provisions of article

twenty-three-A of the correction law.

2. For the purposes of this article, the office shall be responsible

for verifying businesses as being owned, operated, and controlled by

minority group members or women and for certifying such verified

businesses. The director shall prepare a directory of certified

businesses for use by contracting agencies and contractors in carrying

out the provisions of this article. The director shall periodically, but

no less than annually, update the directory.

2-a. (a) The director shall establish a procedure enabling the office

to accept New York municipal corporation certification verification for

minority and women-owned business enterprise applicants in lieu of

requiring the applicant to complete the state certification process. The

director shall promulgate rules and regulations to set forth criteria

for the acceptance of municipal corporation certification. All eligible

municipal corporation certifications shall require business enterprises

seeking certification to meet the following standards:

(i) have at least fifty-one percent ownership by a minority or a

women-owned enterprise and be owned by United States citizens or

permanent resident noncitizens;

(ii) be an enterprise in which the minority and/or women-ownership

interest is real, substantial and continuing;

(iii) be an enterprise in which the minority and/or women-ownership

has and exercises the authority to control independently the day-to-day

business decisions of the enterprise;

(iv) be an enterprise authorized to do business in this state;

(v) be subject to a physical site inspection to verify the fifty-one

percent ownership requirement;

(vi) be owned by an individual or individuals, whose ownership,

control and operation are relied upon for certification, with a personal

net worth that does not exceed fifteen million dollars and such other

amount as the director shall set forth in regulations, as adjusted

annually for inflation according to the consumer price index; and

(vii) be an enterprise that is a small business pursuant to

subdivision twenty of section three hundred ten of this article.

(b) The director shall work with all municipal corporations that have

a municipal minority and women-owned business enterprise program to

develop standards to accept state certification to meet the municipal

corporation minority and women-owned business enterprise certification

standards.

(c) The director shall establish a procedure enabling the division to

accept federal certification verification for minority and women-owned

business enterprise applicants, provided said standards comport with

those required by the state minority and women-owned business program,

in lieu of requiring the applicant to complete the state certification

process. The director shall promulgate rules and regulations to set

forth criteria for the acceptance of federal certification.

2-b. The director shall establish a procedure enabling an applicant

who was a military service member to prove his or her race or ethnicity,

date of birth, place of birth and verification of address for purposes

of certification of the applicant's business as a minority-owned

business by submission of the DD Form 214 issued to the applicant by the

United States department of defense upon such applicant's retirement,

separation, or discharge from active duty in the armed forces of the

United States, provided the DD Form 214 contains such information, in

lieu of requiring the applicant to otherwise prove his or her race or

ethnicity. The director shall promulgate rules and regulations to set

forth criteria for the acceptance of the DD Form 214 by the office.

2-c. (a) Each business applying for minority or women-owned business

enterprise certification pursuant to this section must agree to allow:

(i) the department of taxation and finance to share its tax information

with the division; and (ii) the department of labor to share its tax and

employer information with the division.

(b) Such information provided pursuant to paragraph (a) of this

subdivision shall be kept confidential by the division as such

information is kept by the department of taxation and finance or the

department of labor and use of such information shall be limited to the

certification application process, or other uses approved or consented

to by the business enterprise or applicant.

3. Following application for certification pursuant to this section,

the director shall provide the applicant with written notice of the

status of the application, including notice of any outstanding

deficiencies, within twenty-one days. Within forty-five days of

submission of a final completed application, the director shall provide

the applicant with written notice of a determination by the office

approving or denying such certification and, in the event of a denial a

statement setting forth the reasons for such denial. Upon a

determination denying or revoking certification, the business enterprise

for which certification has been so denied or revoked shall, upon

written request made within thirty days from receipt of notice of such

determination, be entitled to a hearing before an independent hearing

officer designated for such purpose by the director. In the event that a

request for a hearing is not made within such thirty day period, such

determination shall be deemed to be final. The independent hearing

officer shall conduct a hearing and upon the conclusion of such hearing,

issue a written recommendation to the director to affirm, reverse or

modify such determination of the director. Such written recommendation

shall be issued to the parties. The director, within thirty days, by

order, must accept, reject or modify such recommendation of the hearing

officer and set forth in writing the reasons therefor. The director

shall serve a copy of such order and reasons therefor upon the business

enterprise by personal service or by certified mail return receipt

requested. The order of the director shall be subject to review pursuant

to article seventy-eight of the civil practice law and rules.

4. The director may, after performing an availability analysis and

upon a finding that industry-specific factors coupled with personal net

worth or small business eligibility requirements pursuant to

subdivisions nineteen and twenty of section three hundred ten of this

article, respectively, have led to the significant exclusion of

businesses owned by minority group members or women in that industry,

grant provisional MWBE certification status to applicants from that

designated industry, provided, however, that all other eligibility

requirements pursuant to subdivision seven or fifteen of section three

hundred ten of this article, as applicable, are satisfied. Any

industry-based determination made under this section by the director

shall be made widely available to the public and posted on the

division's website.

5. (a) With the exception of provisional MWBE certification, as

provided for in subdivision twenty-three of section three hundred ten of

this article, all minority and women-owned business enterprise

certifications shall be valid for a period of five years.

(b) Within eighteen months of the expiration of a minority and

women-owned business enterprise certification and the submission of a

new and completed application for minority and women-owned business

enterprise certification, if there is no change in the ownership or

capital contribution relied upon for certification of the enterprise and

no material change in the nature or management of the enterprise from

the time of approval of a previous minority and women-owned business

enterprise certification that was approved within the previous six years

and six months, if such application is compliant with 5 NYCRR 144 then

there shall be a rebuttable presumption that the previous minority-owned

business enterprise satisfies the requirements of paragraphs (a) and (b)

of subdivision seven of section three hundred ten of this article and

that the previous women-owned business enterprise satisfies the

requirements of paragraphs (a) and (b) of subdivision fifteen of section

three hundred ten of this article.

(c) The division in its discretion may review applications subject to

this rebuttable presumption and issue such determination pursuant to all

applicable laws and regulations. Any presumption of minority and

women-owned business enterprise certification shall expire upon the

final determination of an application for certification.

* NB Repealed July 1, 2028

§ 315 — Responsibilities of contracting agencies

* § 315. Responsibilities of contracting agencies. 1. Each contracting

agency shall be responsible for monitoring state contracts under its

jurisdiction, and recommending matters to the office respecting

non-compliance with the provisions of this article so that the office

may take such action as is appropriate to ensure compliance with the

provisions of this article, the rules and regulations of the director

issued hereunder and the contractual provisions required pursuant to

this article. All contracting agencies shall comply with the rules and

regulations of the office and are directed to cooperate with the office

and to furnish to the office such information and assistance as may be

required in the performance of its functions under this article.

2. Each contracting agency shall provide to prospective bidders a

current copy of the directory of certified businesses, and a copy of the

regulations required pursuant to sections three hundred twelve and three

hundred thirteen of this article at the time bids or proposals are

solicited.

2-a. To the extent practicable, upon completion of the restrictive

period of a procurement, each contracting agency when notifying a

contractor of a winning bid award shall also notify any minority or

women-owned business enterprise identified in the contractor's submitted

utilization plan of such contractor's receipt of the winning bid award.

3. Each contracting agency shall report to the director with respect

to activities undertaken to promote employment of minority group members

and women and promote and increase participation by certified businesses

with respect to state contracts and subcontracts. Such reports shall be

submitted no later than May fifteenth of every year and shall include

such information as is necessary for the director to determine whether

the contracting agency and any contractor to the contracting agency have

complied with the purposes of this article, including, without

limitation, a summary of all waivers of the requirements of subdivisions

six and seven of section three hundred thirteen of this article allowed

by the contracting agency during the period covered by the report,

including a description of the basis of the waiver request and the

rationale for granting any such waiver and any instances in which the

contract agency has deemed a contractor to have committed a violation

pursuant to section three hundred sixteen of this article and such other

information as the director shall require. Each agency shall also

include in such annual report whether or not it has been required to

prepare a remedial plan, and, if so, the plan and the extent to which

the agency has complied with each element of the plan.

4. The division of minority and women's business development shall

issue an annual report which: (a) summarizes the report submitted by

each contracting agency pursuant to subdivision three of this section;

(b) contains such compar