Senate Bill #S6806-C Same As Assembly Bill #A9806-C

SENATE BILL #S6806-C SAME AS ASSEMBLY BILL #A9806-C

LAWS OF NEW YORK, 2008

CHAPTER 56

AN ACT to amend the arts and cultural affairs law, in relation to revising the powers and duties of the empire state plaza arts commission (Part A); Intentionally omitted (Part B); Intentionally omitted (Part C); to amend the executive law, the criminal procedure law, the correction law, and the family court act, in relation to establishing a witness protection program (Part D); Intentionally Omitted (Part E); to amend the state finance law, in relation to imposing a centralized procurement contract fee (Part F); to amend chapter 989 of the laws of 1958 creating a temporary state commission of investigation, in relation to extending the expiration of the provisions thereof (Part G); Intentionally omitted (Part H); to amend the civil service law, in relation to excess provisional employees of a city having a population of one million or more; and providing for the repeal of such provisions upon expiration thereof (Part I); Intentionally omitted (Part J); Intentionally Omitted (Part K); Intentionally omitted (Part L); to amend chapter 62 of the laws of 2003, amending the insurance law and other laws relating to motor vehicle law enforcement fees; to amend chapter 56 of the laws of 2004, amending the insurance law and the state finance law relating to motor vehicle law enforcement fees; and to amend chapter 55 of the laws of 1992, amending the tax law generally and enacting the omnibus revenue act of 1992, in relation to the effectiveness thereof; to amend the executive law, in relation to extending the applicability of the plan of operation and grant award process of the New York motor vehicle theft and insurance fraud prevention demonstration program and the expiration thereof; and to amend chapter 57 of the laws of 2000 amending the state finance law relating to a report on automobile theft prevention activities of the state police, in relation to the effectiveness thereof (Part M); Intentionally omitted (Part N); to amend the state finance law, in relation to aid and incentives for municipalities; to amend the general municipal law, in relation to reports on the financial condition of municipalities; and to provide aid and incentives to the cities of Rochester, Buffalo, Lackawanna, Long Beach, Syracuse, White Plains, Yonkers and Rensselaer (Part O); Intentionally omitted (Part P); Intentionally omitted (Part Q); Intentionally omitted. (Part R); Intentionally omitted (Part S); Intentionally omitted (Part T); Intentionally omitted (Part U); Intentionally omitted (Part V); to amend the civil service law, in relation to the implementation of an amnesty program for the New York health insurance program (Part W); to amend the education law, in relation to the New York state district attorney loan forgiveness program; to amend chapter 56 of the laws of 2007 relating to the support of government, in relation to the effectiveness thereof (Part X); to amend the penal law, in relation to the imposition of certain fees for an offense in which the conviction was substituted with a youthful offender finding (Part Y); to amend the legislative law, in relation to extending the expiration of payments to members of the assembly serving in a special capacity (Part Z); and to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted. CHAP. 56 2 of the legislature, in relation to extending the expiration of the provisions thereof (Part AA); to amend the state finance law, in relation to expenditure of certain funds (Part BB); to amend chapter 62 of the laws of 2003 amending the county law and other laws relating to fees collected, in relation to criminal history search fees, the legal services assistance fund, and the judiciary data processing offset fund; and to amend the state finance law, in relation to judiciary data processing offset fund and to repeal certain provisions of the state finance law relating thereto (Part CC); to amend the penal law and the vehicle and traffic law, in relation to victim assistance fees and mandatory surcharges (Part DD); and to amend the vehicle and traffic law, in relation to an additional surcharge required for certain traffic violations (Part EE)

Became a law April 23, 2008, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2008-2009 state fiscal year. Each component is wholly contained within a Part identified as Parts A through EE. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act.

PART A

Section 1. Subdivision 2 of section 4.05 of the arts and cultural affairs law, as added by chapter 996 of the laws of 1983, is amended to read as follows: 2. The main office of the commission shall be located in the empire state plaza in space designated therein by the commissioner of general services. § 2. Section 4.07 of the arts and cultural affairs law, as added by chapter 996 of the laws of 1983, is amended to read as follows: § 4.07. Powers and duties of commission. The commission shall have the following responsibilities, powers and duties: 1. To make recommendations to state agencies regarding the custody, display, conservation, preservation and maintenance of works of art in the empire state plaza under the jurisdiction of such agencies; 2. To appraise and catalogue works of art in the empire state plaza; 3. To advise and assist state agencies in the preparation and distribution of publications by such agencies; 4. To make recommendations to the governor, the legislature and [state agencies] the commissioner of general services regarding the purchase of works of art for display at the empire state plaza; 3 CHAP. 56

5. To solicit and acquire by gift, grant or loan such works of art for display at the empire state plaza as it deems to be in the best interests of the people of the state; 6. To enter into such contracts as may be necessary or appropriate for the performance of the functions vested in it by this article; 7. To render such assistance as the legislature or either house thereof may request with respect to the legislative office building and other offices and facilities of the legislature in the empire state plaza; 8. To render such assistance as the commissioner of education may request with respect to the cultural education center; 9. To make an annual report to the governor and the legislature on or before December fifteenth which shall contain a complete inventory of the works of art in the empire state plaza, a summary of the accomplishments of the commission for the prior year, as well as its projects planned for the current year, and such recommendations pertinent to the duties of the commission as it deems advisable. Such report shall contain a full fiscal accounting of the activities of the commission, both current and projected; 10. To solicit and accept gifts, contributions and bequests of funds from individuals, foundations, corporations and other organizations or institutions for purposes of the commission. All funds of the commission from such gifts, contributions and bequests shall be deposited in a state fiduciary fund, expenditures from which shall be limited to the purposes of the commission set forth in this article; 11. To establish a program, in consultation with the commissioner of general services, for the promotion of the empire state plaza art collection to the public through such means as determined by the commission to be appropriate, including, but not limited to, educational seminars, remote exhibitions, special events and the sale of souvenirs or mementos related to the collection. All receipts of the commission from promotional efforts shall be deposited in a state fiduciary fund, expenditures from which shall be limited to the purposes of the commission set forth in this article. § 3. Section 4.09 of the arts and cultural affairs law, as added by chapter 996 of the laws of 1983, is amended to read as follows: § 4.09. Appointment of curator and other employees. 1. The chairman, with the concurrence of the commission and the commissioner of general services, shall appoint a curator who shall serve at the pleasure of the commission. The commission shall prescribe powers and duties of the curator and shall fix his or her compensation within the amounts appropriated therefor. 2. The commission may appoint such [other] employees of the commission as it may require, prescribe their powers and duties and fix their compensation within the amounts appropriated therefor. § 4. This act shall take effect immediately.

PART B

Intentionally omitted.

PART C

PART D CHAP. 56 4

Section 1. Section 837 of the executive law is amended by adding a new subdivision 17 to read as follows: 17. In consultation with the district attorneys, develop and operate a witness protection program. Within the amounts available by appropriation, such program shall provide assistance to district attorneys in protecting witnesses and victims, including their family members, who may suffer physical or emotional harm, intimidation or retaliatory violence as a result of the cooperation of the witness or victim with law enforcement, with a particular emphasis on vulnerable witnesses and victims, including witnesses to and victims of domestic violence and sexual exploitation and witnesses and victims testifying against violent or dangerous defendants. Such assistance may include, but not be limited to, administrative measures to: (a) facilitate name changes and receipt of new identification documents for witnesses and victims in appropriate cases; and (b) provide a range of protective services, including, when necessary, relocating victims and witnesses, and their family members. The division may enter into contracts with any person, firm, corporation, not- for-profit entity or governmental agency to provide administrative oversight and assistance in the operation of this program, may issue appropriate guidelines and may adopt, amend or rescind any rules and regulations as may be necessary or convenient to the operation of the program. These guidelines and regulations shall include a process by which district attorneys may apply for reimbursement of the costs of providing witness protection services. § 2. Subdivisions (e) and (f) of section 601 of the correction law are relettered subdivisions (f) and (g) and a new subdivision (e) is added to read as follows: (e) A copy of any order of protection issued by any court against such inmate pursuant to article five hundred thirty of the criminal procedure law or article eight of the family court act at the time of sentencing or which thereafter be issued shall accompany any commitment. § 3. Section 380.70 of the criminal procedure law, as amended by chapter 3 of the laws of 1995, is amended to read as follows: § 380.70 Minutes of sentence. In any case where a person receives an indeterminate or determinate sentence of imprisonment, a certified copy of the stenographic minutes of the sentencing proceeding [and], a certificate of conviction specifying the section and, to the extent applicable, the subdivision, paragraph and subparagraph of the penal law or other statute under which the defendant was convicted[,] and a copy of any order of protection or temporary order of protection issued against the defendant at the time of sentencing must be delivered to the person in charge of the institution to which the defendant has been delivered within thirty days from the date such sentence was imposed; provided, however, that a sentence or commitment is not defective by reason of a failure to comply with the provisions of this section. § 4. Section 380.70 of the criminal procedure law is amended to read as follows: § 380.70 Minutes of sentence. In any case where a person receives an indeterminate sentence of imprisonment or a reformatory or alternative local reformatory sentence of imprisonment, a certified copy of the stenographic minutes of the sentencing proceeding and a copy of any order of protection or temporary order of protection issued against the defendant at the time of sentencing must be delivered to the person in charge of the institution to which the defendant has been delivered within thirty days from the date 5 CHAP. 56 such sentence was imposed; provided, however, that a sentence or commitment is not defective by reason of a failure to comply with the provisions of this section. § 5. Subdivision 8 of section 530.12 of the criminal procedure law, as amended by chapter 143 of the laws of 1981, is amended to read as follows: 8. In any proceeding in which an order of protection or temporary order of protection or a warrant has been issued under this section, the clerk of the court shall issue to the complainant and defendant and defense counsel and to any other person affected by the order a copy of the order of protection or temporary order of protection and ensure that a copy of the order of protection or temporary order of protection be transmitted to the local correctional facility where the individual is or will be detained, the state or local correctional facility where the individual is or will be imprisoned, and the supervising probation department or division of parole where the individual is under probation or parole supervision. The presentation of a copy of such order or a warrant to any peace officer acting pursuant to his special duties or police officer shall constitute authority for him to arrest a person who has violated the terms of such order and bring such person before the court and, otherwise, so far as lies within his power, to aid in securing the protection such order was intended to afford. § 6. Subdivision 6 of section 530.13 of the criminal procedure law, as added by chapter 575 of the laws of 1981, is amended to read as follows: 6. In any proceeding in which an order of protection or temporary order of protection or a warrant has been issued under this section, the clerk of the court shall issue to the victim and the defendant and defense counsel and to any other person affected by the order, a copy of the order of protection or temporary order of protection and ensure that a copy of the order of protection or temporary order of protection be transmitted to the local correctional facility where the individual is or will be detained, the state or local correctional facility where the individual is or will be imprisoned, and the supervising probation department or division of parole where the individual is under probation or parole supervision. The presentation of a copy of such order or a warrant to any police officer or peace officer acting pursuant to his special duties shall constitute authority for him to arrest a person who has violated the terms of such order and bring such person before the court and, otherwise, so far as lies within his power, to aid in securing the protection such order was intended to afford. § 7. Subdivision 4 of section 221-a of the executive law, as amended by chapter 107 of the laws of 2004, is amended to read as follows: 4. Courts and law enforcement officials, including probation officers, 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. § 8. Section 842 of the family court act is amended by adding a new sixth undesignated paragraph to read as follows: In any proceeding in which an order of protection or temporary order of protection or a warrant has been issued under this section, the clerk of the court shall issue to the petitioner and respondent and his counsel and to any other person affected by the order a copy of the order of protection or temporary order of protection and ensure that a copy of the order of protection or temporary order of protection be transmitted CHAP. 56 6

to the local correctional facility where the individual is or will be detained, the state or local correctional facility where the individual is or will be imprisoned, and the supervising probation department or division of parole where the individual is under probation or parole supervision. § 9. Subdivision (a) of section 601 of the correction law, as amended by chapter 3 of the laws of 1995, is amended to read as follows: (a) Whenever an inmate shall be delivered to the superintendent of a state correctional facility pursuant to an indeterminate or determinate sentence, the officer so delivering such inmate shall deliver to such superintendent, a certified copy of the sentence [and], a certificate of conviction and a copy of any order of protection or temporary order of protection issued against the inmate at the time of sentencing pursuant to section 380.70 of the criminal procedure law received by such officer from the clerk of the court by which such inmate shall have been sentenced, a copy of the report of the probation officer's investigation and report or a detailed statement covering the facts relative to the crime and previous history certified by the district attorney, a copy of the inmate's fingerprint records, a detailed summary of available medical records, psychiatric records and reports relating to assaults, or other violent acts, attempts at suicide or escape by the inmate while in the custody of the local correctional facility; any such medical or psychiatric records in the possession of a health care provider other than the local correctional facility shall be summarized in detail and forwarded by such health care provider to the medical director of the appropriate state correctional facility upon request; the superintendent shall present to such officer a certificate of the delivery of such inmate, and the fees of such officer for transporting such inmate shall be paid from the treasury upon the audit and warrant of the comptroller. Whenever an inmate of the state is delivered to a local facility, the superintendent shall forward summaries of such records to the local facility with the inmate. § 10. Subdivision (a) of section 601 of the correction law, as amended by chapter 738 of the laws of 2004, is amended to read as follows: (a) Whenever an inmate shall be delivered to the superintendent of a state correctional facility pursuant to an indeterminate or determinate sentence, the officer so delivering such inmate shall deliver to such superintendent, a certified copy of the sentence received by such officer from the clerk of the court by which such inmate shall have been sentenced, a copy of any order of protection or temporary order of protection issued against the inmate at the time of sentencing, a copy of the report of the probation officer's investigation and report or a detailed statement covering the facts relative to the crime and previous history certified by the district attorney, a copy of the inmate's fingerprint records, a detailed summary of available medical records, psychiatric records and reports relating to assaults, or other violent acts, attempts at suicide or escape by the inmate while in the custody of the local correctional facility; any such medical or psychiatric records in the possession of a health care provider other than the local correctional facility shall be summarized in detail and forwarded by such health care provider to the medical director of the appropriate state correctional facility upon request; the superintendent shall present to such officer a certificate of the delivery of such inmate, and the fees of such officer for transporting such inmate shall be paid from the treasury upon the audit and warrant of the comptroller. Whenever an inmate of the state is delivered to a local facility, the superintendent 7 CHAP. 56 shall forward summaries of such records to the local facility with the inmate. § 11. Subdivision 1 of section 259-a of the executive law, as added by chapter 904 of the laws of 1977, is amended to read as follows: 1. The division shall cause to be obtained and filed as soon as practicable, information as complete as may be obtainable with regard to each inmate who is received in an institution under the jurisdiction of the state department of correctional services. Such information shall include a complete statement of the crime for which the inmate has been sentenced, the circumstances of such crime, all presentence memoranda, the nature of the sentence, any orders of protection or temporary orders of protection issued against the inmate at the time of sentencing, the court in which he was sentenced, the name of the judge and district attorney and copies of such probation reports as may have been made as well as reports as to the inmate's social, physical, mental and psychiatric condition and history. § 12. This act shall take effect immediately, provided that the amendments to section 380.70 of the criminal procedure law and to subdivision (a) of section 601 of the correction law made by sections three and nine of this act shall be subject to the expiration and reversion of such provisions pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of sections four and ten of this act shall take effect.

PART E

Intentionally Omitted.

PART F

Section 1. The state finance law is amended by adding a new section 163-c to read as follows: § 163-c. Centralized procurement contract fee. 1. For purposes of this section, the following terms shall have the specified meanings: a. "Authorized user" means any person or entity authorized to purchase: (i) commodities under a centralized contract pursuant to subparagraph (iv) or subparagraph (viii) of paragraph a of subdivision three ofsection one hundred sixty-three of this article; or (ii) services or technology under a centralized contract pursuant to paragraph b or e of subdivision four of section one hundred sixty-three of this article. b. "Centralized contract" means contracts for the purchase of commodities, services or technology, established by the commissioner of general services. c. "Electronic" means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 2. The commissioner of general services shall require that contractors selected to offer centralized contracts through the state for commodities, services or technology add to the price in all such contracts a centralized procurement contract fee equal to one-half of one percent of the price to be reported through sales reports to the office of general services. The following types of contracts may be exempted from the centralized procurement contract fee: CHAP. 56 8

a. federal, other public jurisdictions' or multi-state contracts or schedules adopted by the state pursuant to paragraphs e and f of subdivision ten of section one hundred sixty-three of this article, b. centralized contracts where an administrative fee is included as a contract requirement. 3. Each contractor collecting the fee imposed pursuant to subdivision two of this section shall: a. electronically pay over to the department of taxation and finance all fees collected quarterly, on or before the forty-fifth day following the last day of each calendar quarter; provided, however, that if the contractor fails to collect the fee from the authorized user on a purchase under a centralized contract, then the contractor shall be responsible for electronically paying the fee over to the department of taxation and finance; and b. electronically file a return with the department of taxation and finance quarterly, containing such information as the commissioner of taxation and finance shall prescribe. The return shall be due on or before the forty-fifth day following the last day of each calendar quarter. If no authorized users made purchases from a contractor selected to offer a centralized contract during the calendar quarter for which the return is required to be filed, then the contractor shall electronically file a return indicating that no purchases were made during that quarter. Information contained in, or derived from, the returns required to be filed pursuant to this paragraph shall not be covered by the secrecy provisions of the tax law. A contractor shall be exempt from the mandatory electronic payment and electronic filing requirements prescribed by paragraph a and paragraph b of this subdivision if the contractor notifies the office of general services, in a manner to be determined by such office, that it cannot reasonably comply with such electronic payment and electronic filing requirements. In such case, the contractor shall, in lieu of electronically paying over the centralized procurement contract fee and electronically filing a return with the department of taxation and finance, pay over such fee by paper check, and file a paper return, with the office of general services on or before the forty-fifth day following the last day of each calendar quarter. The department of taxation and finance and the office of general services shall mutually develop a means by which the returns received by the office of general services pursuant to this paragraph shall be electronically transmitted to the department of taxation and finance for purposes of reconciling the information reported on such returns with fee payments for each calendar quarter. The office of general services shall cooperate and provide the department of taxation and finance with such information as the department may require regarding contractors selected to offer centralized contracts, in order to facilitate the department's development and implementation of the electronic payment and electronic filing applications prescribed by paragraph a and paragraph b of this subdivision. The office of general services shall work with the department of taxation and finance to encourage those contractors not able to use the electronic payment and filing applications prescribed by paragraph a and paragraph b of this subdivision to do so. 4. Failure to timely and accurately collect and remit the centralized procurement contract fee as required by subdivision three of this section may be deemed to constitute a breach of such contract, and the commissioner of general services has the discretion to terminate such 9 CHAP. 56 centralized contract with such contractor for such breach on notice to the contractor. 5. a. If: (i) a contractor awarded a centralized contract has a past-due, legally enforceable tax debt or other debt due to a state agency, (ii) the debt is being offset against a contract payment received from an authorized user pursuant to the state contract offset program administered by the office of the state comptroller and the department of taxation and finance, and (iii) the past-due, legally enforceable debt is larger than the contract payment (including the fee imposed by this section), then, the full amount of the contract payment (including the fee imposed by this section) shall be applied to the contractor's past-due, legally enforceable debt, and the contractor shall remain responsible for filing the return and paying over the amount of the fee due on such contract payment at the time prescribed in subdivision three of this section. b. If: (i) a contractor awarded a centralized contract has a past-due, legally enforceable tax debt or other debt due to a state agency, (ii) the debt is being offset against a contract payment received from an authorized user pursuant to the state contract offset program administered by the office of the state comptroller and the department of taxation and finance, and (iii) the past-due, legally enforceable debt is smaller than the contract payment (including the fee imposed by this section), then, the amount of the contract payment necessary to fully pay the debt (which shall include the fee imposed by this section), shall be applied to the debt, and the contractor shall remain responsible for filing the return and paying over the amount of the fee due on such contract payment at the time prescribed in subdivision three of this section. 6. All fees received by the commissioner of taxation and finance and the commissioner of general services pursuant to this section, reduced by amounts approved by the director of the budget to be retained by the commissioner of taxation and finance to cover administrative costs and the costs of refunds or reimbursements required to be made to authorized users under this section, shall be deposited quarterly to the credit of the general fund of the state. The commissioner of taxation and finance shall determine an amount for administrative costs incurred by the department of taxation and finance, which amount shall represent the reasonable costs of the department of taxation and finance in adminis- tering the program prescribed by this section. The commissioner of taxation and finance shall also determine the amount necessary for refunds or reimbursements required to be made to authorized users under this section, and shall pay such refunds or reimbursements out of such retained amounts. The commissioner of taxation and finance shall main- tain a system of accounts showing the amount of money collected and disbursed from the fee imposed by this section. 7. The provisions of article twenty-seven of the tax law shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of such article had been incorporated in full into this section and had expressly referred to the fees under this section except that the term "fee" or "fees" when used in this section shall mean "tax" or "taxes" for the purpose of the application of article twenty-seven of the tax law as incorporated by this subdivision, and except to the extent that any provision of such article CHAP. 56 10 is either inconsistent with a provision of this section or is not relevant to this section. § 2. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to bids issued on or after the first day of the calendar quarter next succeeding the date on which this act shall have become law; provided that the provisions of this act shall not apply to contracts for the purchase of commodities, services, or technology from small businesses, as defined in section 160 of this article, until July 1, 2008, and shall apply to bids issued on or after the first day of the calendar quarter next succeeding such date.

PART G

Section 1. Section 13 of chapter 989 of the laws of 1958, creating a temporary state commission of investigation, as amended by section 20 of part C of chapter 56 of the laws of 2007, is amended to read as follows: § 13. This act shall take effect May 1, 1958 and remain in effect until [September 1, 2008] March 31, 2009, at which time the temporary state commission of investigation shall deliver its records to the state archives, and the state archives shall preserve such records pursuant to section 57.05 of the arts and cultural affairs law. § 2. This act shall take effect immediately.

PART H

PART I

Section 1. Section 65 of the civil service law is amended by adding a new subdivision 6 to read as follows: 6. Costs. For purposes of this subdivision, the term "DCAS employers" shall have the same meaning as that term is defined in subdivision five of this section. The department is hereby authorized to charge the city of New York for the services and costs associated with approving and monitoring any plan submitted by the DCAS employers. No later than December first, two thousand eight and each year thereafter, the department shall estimate the amount necessary, for the entirety of that state fiscal year, to reimburse the department's costs related to the review of such plan, and shall submit the estimated costs to the department of city administrative services not to exceed six hundred thousand dollars. The city of New York shall pay such estimated costs to the department by December fifteenth, two thousand eight and each year thereafter. To the extent, in any year, actual costs for the state fiscal year differ from those estimated by the department and paid by the city of New York, the variance shall be reflected as an additional charge or a credit within the estimated costs submitted by the department in the following year, so long as the total amount payable to the department for any year's cost does not exceed six hundred thousand dollars. The city of New York may charge any DCAS employer that is not an agency of the city of New York a share of the costs the department charged to the city under this subdivision. The percentage of costs that may be charged to any DCAS employer shall be determined based on that employer's share of the total number of competitive class positions filled by provisional appointments reflected in the most recent department of city administrative services plan submitted under subdivision five of this section. In the event the 11 CHAP. 56 city of New York shall not have made such required payments by December fifteenth, two thousand eight and each year thereafter, the commissioner shall certify the unpaid amount to the state comptroller, and the comptroller shall, to the extent not otherwise prohibited by law, withhold such amount from the next succeeding payment of per capita assistance to be apportioned to the city of New York. § 2. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2014.

PART J

PART K

Intentionally Omitted.

PART L

PART M

Section 1. Section 7 of part Q of chapter 62 of the laws of 2003, amending the insurance law and other laws relating to motor vehicle law enforcement fees, as amended by section 22 of part C of chapter 56 of the laws of 2007, is amended to read as follows: § 7. This act shall take effect immediately, provided that sections one, two and three of this act shall take effect June 1, 2003; and provided further that the amendments made to subsection (b) of section 9110 of the insurance law made by section one of this act shall expire and be deemed repealed on July 1, [2008] 2009 and the provisions of such subsection shall be read as such provisions existed on the date immediately preceding the effective date of this act; and provided further that the amendments made to subsection (e) of section 9110 of the insurance law made by section two of this act and the amendments made to subdivision 3 of section 97-mm of the state finance law made by section three of this act shall expire and be deemed repealed on March 31, 2004 and the provisions of such subsection and such subdivision shall be read as such provisions existed on the date immediately preceding the effective date of this act. § 2. Section 3 of part A of chapter 56 of the laws of 2004, amending the insurance law and the state finance law relating to motor vehicle law enforcement fees, as amended by section 23 of part C of chapter 56 of the laws of 2007, is amended to read as follows: § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2004; provided, however, that the amendments made to subsections (e) and (f) of section 9110 of the insurance law made by section one of this act shall expire and be deemed repealed on March 31, [2008] 2009, and provided further that the amendments made to subdivisions 2 and 3 of section 97-mm of the state finance law made by section two of this act shall expire and be deemed repealed on March 31, [2008] 2009. § 3. Subdivision (bbb) of section 427 of chapter 55 of the laws of 1992, amending the tax law generally and enacting the omnibus revenue CHAP. 56 12 act of 1992, as amended by section 24 of part C of chapter 56 of the laws of 2007, is amended to read as follows: (bbb) the provisions of subdivision (f) of section 9110 of the insurance law as added by section three hundred eighty-six of this act and section 89-d of the state finance law as added by section three hundred eighty-eight of this act shall expire on July 1, [2008] 2009. § 4. Paragraphs (b) and (d) of subdivision 2 and subdivision 3 of section 846-m of the executive law, as amended by section 25 of part C of chapter 56 of the laws of 2007, are amended to read as follows: (b) Activities eligible for funding include, but are not limited to, the following: prosecution and adjudication services; law enforcement services; neighborhood or community based programs designed to reduce the incidence of motor vehicle theft and motor vehicle insurance fraud; educational programs designed to inform owners of motor vehicles concerning activities designed to prevent the incidence of theft of motor vehicles and fraudulent claims practices; and programs designed to examine, evaluate and make recommendations relating to the efficacy of motor vehicle theft prevention devices or methods including, but not limited to, passive tracking devices designed to identify the location of a motor vehicle at any given point in time and window glass etching with vehicle identification numbers or any other unique identifying symbol including decal programs such as New York city's operation combat auto theft (C.A.T.). Funds provided under this program shall be used to augment, and not to supplant, the provider agency's current funding, if any, for motor vehicle theft and insurance fraud detection, prevention, or reduction activities, and shall only be used to fund pilot programs of a specified duration not to extend beyond July first, two thousand [eight] nine. (d) The state comptroller shall conduct an audit of all moneys received and expended by the fund as well as all other funds expended from any other source for the purposes of this program, and shall submit a written report detailing such audit to the governor and legislature on or before March first, two thousand [eight] nine. 3. This article shall expire on July first, two thousand [eight] nine. § 5. Section 9 of part T of chapter 57 of the laws of 2000, amending the state finance law relating to a report on automobile theft prevention activities of the state police, as amended by section 26 of part C of chapter 56 of the laws of 2007, is amended to read as follows: § 9. This act shall take effect immediately provided, however, that the amendments to sections 846-j, 846-k, 846-l and 846-m of the executive law made by this act shall not affect the expiration of such sections and shall be deemed to expire therewith; provided, further, however, that the provisions of subdivision 4 of section 97-mm of the state finance law, as added by section eight of this act, shall expire and be deemed repealed on July 1, [2008] 2009. § 6. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2008.

PART N

PART O 13 CHAP. 56

Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of section 54 of the state finance law, as added by section 1 of part F of chapter 56 of the laws of 2007, is amended to read as follows: (viii) "Prior year aid" means: (1) for the state fiscal year commencing April first, two thousand seven, the total amount of state aid a municipality or county having a population of less than one million but more than nine hundred twenty- five thousand according to the federal decennial census of two thousand received in the state fiscal year commencing April first, two thousand six. (2) for the state fiscal year commencing April first, two thousand eight and in each state fiscal year thereafter, the base level grant received in the immediately preceding state fiscal year pursuant to paragraph b of this subdivision plus any additional apportionments received in such year pursuant to paragraph d of this subdivision and any per capita adjustments received in such year pursuant to paragraph e of this subdivision plus any additional aid received in such year pursuant to subparagraph (i) or subparagraph (iii) of paragraph p of this subdivision. § 2. Paragraph b of subdivision 10 of section 54 of the state finance law, as added by section 1 of part F of chapter 56 of the laws of 2007, is amended to read as follows: b. Base level grants. Within amounts appropriated in the state fiscal year commencing April first, two thousand seven and in each state fiscal year thereafter, there shall be apportioned and paid to [municipalities] a county with a population of less than one million but more than nine hundred twenty-five thousand according to the federal decennial census of two thousand, cities with a population of less than one million, towns and villages a base level grant in an amount equal to the [municipalities'] prior year aid received by such county, city, town or village. § 3. Paragraph e of subdivision 10 of section 54 of the state finance law, as added by section 1 of part F of chapter 56 of the laws of 2007, is amended to read as follows: e. Per capita adjustment. Within amounts appropriated in the state fiscal year commencing April first, two thousand seven and in each state fiscal year thereafter through and including the state fiscal year commencing April first, two thousand ten, additional aid shall be apportioned as follows: (i) For the purposes of subparagraphs (ii), (iii), (iv) and (v) of this paragraph, the threshold percentage shall be seventy-five percent in the state fiscal year commencing April first, two thousand seven; eighty percent in the state fiscal year commencing April first, two thousand eight; eighty-five percent in the state fiscal year commencing April first, two thousand nine; and ninety percent in the state fiscal year commencing April first, two thousand ten. [(i)] (ii) A municipality with an average full valuation per capita equal to or less than the average full valuation per capita for municipalities that is a city with a population greater than or equal to one hundred twenty-five thousand and receives per capita state aid less than or equal to [seventy-five percent] the threshold percentage of the average for cities with a population greater than or equal to one hundred twenty-five thousand shall be eligible to receive additional aid of four and one-half percent of such city's base level grant, subject to the availability of funds. CHAP. 56 14

[(ii)] (iii) A municipality with an average full valuation per capita equal to or less than the average full valuation per capita for municipalities that is a city with a population less than one hundred twenty-five thousand, meets one or more of the fiscal distress indicators, and receives per capita state aid less than or equal to [seventy-five percent] the threshold percentage of the average for cities with a population less than one hundred twenty-five thousand that meet one or more of the fiscal distress indicators, shall be eligible to receive additional aid of four and one-half percent of such city's base level grant, subject to the availability of funds. [(iii)] (iv) A municipality with an average full valuation per capita equal to or less than the average full valuation per capita for municipalities that is a town with a population greater than fifteen thousand, meets one or more of the fiscal distress indicators, and receives per capita state aid less than or equal to [seventy-five percent] the threshold percentage of the average for towns with a population greater than fifteen thousand that meet one or more of the fiscal distress indicators, shall be eligible to receive additional aid of four and one-half percent of such town's base level grant, subject to the availability of funds. [(iv)] (v) A municipality with an average full valuation per capita equal to or less than the average full valuation per capita for municipalities that is a village with a population greater than ten thousand, meets one or more of the fiscal distress indicators, and receives per capita state aid less than or equal to [seventy-five percent] the threshold percentage of the average for villages with a population greater than ten thousand that meet one or more of the fiscal distress indicators, shall be eligible to receive additional aid of four and one-half percent of such village's base level grant, subject to the availability of funds. [(v)] (vi) If sufficient funds are not available for additional aid in the amount authorized pursuant to subparagraphs [(i),] (ii), (iii) [and], (iv) and (v) of this paragraph, additional aid shall be apportioned to each municipality eligible for such aid based on the municipality's pro rata share of available funds. § 4. Subparagraph (ii) of paragraph g of subdivision 10 of section 54 of the state finance law, as added by section 1 of part F of chapter 56 of the laws of 2007, is amended to read as follows: (ii) As a condition of receiving an additional annual apportionment pursuant to paragraph d of this subdivision, each municipality that is a city, other than a city subject to a control period under a state imposed fiscal stability authority or a city subject to the requirements of subparagraph (i) of this paragraph and each municipality that is a village that will receive an additional annual apportionment pursuant to clause one of subparagraph (i) of paragraph d of this subdivision, shall develop a multi-year financial plan that includes: projected employment levels, projected annual expenditures for personal service, fringe benefits, non- personal services and debt service; appropriate reserve fund amounts; estimated annual revenues including projected property tax rates, the value of the taxable real property and resulting tax levy, annual growth in sales tax and non-property tax revenues, and the proposed use of one-time revenue sources. Such multi-year financial plan shall consist of, at a minimum, four fiscal years including the municipality's most recently completed fiscal year, its current fiscal year adopted budget and the subsequent two fiscal years. On or before March thirty-first, two thousand eight and on or before March thirty-first in 15 CHAP. 56 each year thereafter through and including two thousand eleven, the chief elected official of such [city] municipality shall submit written certification to the director of the budget that such [city] municipality has complied with the requirements of this subparagraph. § 5. Paragraph j of subdivision 10 of section 54 of the state finance law, as added by section 1 of part F of chapter 56 of the laws of 2007, is amended to read as follows: j. Special aid and incentives for municipalities to the city of New York. In the state fiscal year commencing April first, two thousand seven a city with a population of one million or more shall receive twenty million dollars on or before December fifteenth. In the state fiscal year commencing April first, two thousand eight, a city with a population of one million or more shall receive two hundred forty-five million nine hundred forty-four thousand eight hundred thirty-four dollars payable on or before December fifteenth. In the state fiscal year commencing April first, two thousand [eight] nine, and in each state fiscal year thereafter, a city with a population of one million or more shall receive three hundred twenty-seven million eight hundred eighty-nine thousand six hundred sixty-eight dollars payable on or before December fifteenth. Special aid and incentives for municipalities to the city of New York shall be apportioned and paid as required as follows: (i) Any amounts required to be paid to the city university construction fund pursuant to the city university construction fund act; (ii) Any amounts required to be paid to the New York city housing development corporation pursuant to the New York city housing development corporation act; (iii) Five hundred thousand dollars to the chief fiscal officer of the city of New York for payment to the trustees of the police pension fund of such city; (iv) Eighty million dollars to the special account for the municipal assistance corporation for the city of New York in the municipal assistance tax fund created pursuant to section ninety-two-d of this chapter to the extent that such amount has been included by the municipal assistance corporation for the city of New York in any computation for the issuance of bonds on a parity with outstanding bonds pursuant to a contract with the holders of such bonds prior to the issuance of any other bonds secured by payments from the municipal assistance corporation for the city of New York in the municipal assistance state aid fund created pursuant to section ninety-two-e of this chapter; (v) The balance of the special account for the municipal assistance corporation for the city of New York in the municipal assistance state aid fund created pursuant to section ninety-two-e of this chapter; (vi) Any amounts to be refunded to the general fund of the state of New York pursuant to the annual appropriation enacted for the municipal assistance state aid fund; (vii) To the state of New York municipal bond bank agency to the extent provided by section twenty-four hundred thirty-six of the public authorities law; and (viii) To the transit construction fund to the extent provided by section twelve hundred twenty-five-i of the public authorities law, and thereafter to the city of New York. Notwithstanding any other law to the contrary, the amount paid to any city with a population of one million or more on or before December fifteenth shall be for an entitlement period ending the immediately preceding June thirtieth. CHAP. 56 16

§ 6. Paragraph n of subdivision 10 of section 54 of the state finance law, as added by section 1 of part F of chapter 56 of the laws of 2007, is amended to read as follows: n. Shared municipal services incentive program [beginning in] applicable to the state fiscal year commencing April first, two thousand seven. (i) Shared municipal services incentive awards. Within the [annual amounts] amount appropriated in chapter fifty of the laws of two thousand seven therefor [in the state fiscal year commencing April first, two thousand seven and in each state fiscal year thereafter], the secretary of state may award competitive grants to two or more municipalities to cover costs associated with consolidations, mergers, dissolutions, cooperative agreements and shared services of municipalities where authorized by state law as follows: (1) For the purposes of this paragraph, "municipalities" shall mean counties, cities, towns, villages, special improvement districts, fire districts, and school districts; provided, however, that for purposes of this definition, a school district shall be considered a municipality only in instances where a school district advances an application for a grant to cover costs associated with cooperative agreements or shared services. For purposes of this definition, a board of cooperative educational services shall be considered a municipality only in instances where such board of cooperative educational services advances a joint shared service application on behalf of school districts and other municipalities within the board of cooperative educational services region; provided, however, that any shared service agreements with a board of cooperative educational services: (A) shall not generate additional state aid; (B) shall be deemed not to be a part of the program, capital and administrative budgets of the board of cooperative educational services for the purposes of computing charges upon component school districts pursuant to subparagraph seven of paragraph b of subdivision four of section nineteen hundred fifty and subdivision one of section nineteen hundred fifty-one of the education law; and (C) shall be deemed to be a cooperative municipal service for purposes of subparagraph two of paragraph d of subdivision four of section nineteen hundred fifty of the education law. (2) Such grants may be used to cover costs, including, but not limited to, legal and consultant services, feasibility studies, capital improvements, and other necessary expenses. The amounts awarded to a school district pursuant to this paragraph shall not be included in the approved operating expense of the school district as defined in paragraph t of subdivision one of section thirty-six hundred two of the education law. (3) The maximum grant awarded shall not exceed two hundred thousand dollars per municipality. (4) Local matching funds, equal to ten percent of the total approved project or initiative cost shall be required. (5) No part of the grant shall be used by the applicant for recurring expenses such as salaries. (6) In the selection of grant awards, the secretary of state shall give priority to applications that: (A) include a municipality that meets any of the fiscal distress indicators in paragraph c of this subdivision; (B) plan or implement the consolidation, merger or dissolution of municipalities; 17 CHAP. 56

(C) share services between school districts and other municipalities, including applications submitted by boards of cooperative educational services as defined in clause one of subparagraph (i) of this paragraph; (D) share highway services, including joint highway equipment purchases, capital improvements that benefit two or more municipal highway departments, contractual services between two or more municipal highway departments or for the consolidation of two or more municipal highway departments; (E) consolidate health benefit plans offered by two or more municipalities; (F) encourage countywide shared services, where a county develops a countywide shared services plan under which municipalities in such county agree to participate in shared services, including, but not limited to, public safety, purchasing, payroll, and real property tax assessment. (7) The secretary of state shall, prior to the acceptance of grant applications, promulgate rules and regulations including, but not limited to, (A) award eligibility criteria, and (B) application, review and grant approval procedures. The secretary of state shall also require that such awards be granted only for services that would otherwise be individually provided by each grantee and that demonstrable financial savings result from such sharing, unless such awards are for feasibility studies. The secretary of state may consult with the commissioner of transportation, the president of the state civil service commission, or any other appropriate state official as needed to establish such rules and regulations. [(ii) Consolidation incentive aid. For the purposes of this subparagraph, "municipalities" shall mean counties, cities, towns and villages. Within the annual amounts appropriated therefor in the state fiscal year commencing April first, two thousand seven and in each state fiscal year thereafter, municipalities that consolidated or merged on or after the state fiscal year commencing April first, two thousand seven may be awarded additional annual aid equal to twenty-five percent of the base level grant received by the consolidated or merged municipality in the year following the consolidation or merger pursuant to paragraph b of this subdivision. Such award shall be apportioned and paid to the chief fiscal officer of each consolidated or merged municipality on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund in the general fund of the state treasury in the same "on or before month and day" manner as the municipality's base level grant is paid pursuant to subparagraph (i) of paragraph i of this subdivision. Any municipality receiving a consolidation incentive award pursuant to this subparagraph shall use such aid only for general municipal purposes. In no case shall a municipality's annual aid pursuant to this subparagraph exceed one million dollars.] § 7. Subdivision 10 of section 54 of the state finance law is amended by adding a new paragraph o to read as follows: o. Local government efficiency grant program beginning in the state fiscal year commencing April first, two thousand eight. (i) Definitions. (1) For the purposes of this paragraph, "municipality" shall mean counties, cities, towns, villages, special improvement districts, fire districts, library districts, water authorities, sewer authorities, regional planning and development boards, school districts, and boards of cooperative educational services; provided, however, that for the purposes of this definition, a board of cooperative educational services CHAP. 56 18 shall be considered a municipality only in instances where such board of cooperative educational services advances a joint application on behalf of school districts and other municipalities within the board of cooperative educational services region; provided, however, that any agreements with a board of cooperative educational services: shall not generate additional state aid; shall be deemed not to be a part of the program, capital and administrative budgets of the board of cooperative educational services for the purposes of computing charges upon component school districts pursuant to subparagraph seven of paragraph b of subdivision four of section nineteen hundred fifty and subdivision one of section nineteen hundred fifty and subdivision one of section nineteen hundred fifty-one of the education law; and shall be deemed to be a cooperative municipal service for purposes of subparagraph two of paragraph d of subdivision four of section nineteen hundred fifty of the education law. (2) For the purposes of this paragraph, "functional consolidation" shall mean when one municipality completely provides a service or function for another municipality, which no longer engages in that service or function. (ii) High priority planning grants. (1) Within the annual amounts appropriated therefor, the secretary of state may award grants to a municipality to cover costs associated with plans and studies developed for a city or county charter revision which includes functional consolidation or increased shared services and for the dissolution of a village; and to two or more municipalities for plans and studies developed for mergers, consolidations, and dissolutions; sharing services or transferring functions that would be performed on a countywide basis; and conducting services on a multi-county or regional basis. Additional grant categories may be identified by the secretary of state, in consultation with the commission on local government efficiency and competitiveness, and included in a request for applications. (2) Such plans and studies shall include an examination of the potential financial savings and management improvements from such charter revision, consolidation, dissolution, merger or shared services. (3) High priority planning grants may be used to cover costs including, but not limited to, legal and consultant services and other necessary expenses. The amounts awarded to a school district pursuant to this subparagraph shall not be included in the approved operating expense of the school district as defined in paragraph t of subdivision one of section thirty-six hundred two of the education law. No part of the grant shall be used by the applicant for recurring expenses such as salaries. (4) The maximum high priority planning grant awarded shall not exceed fifty thousand dollars per application. Award amounts may vary by grant category as identified in the request for applications. (5) Matching funds equal to ten percent of the total cost of activities under the grant work plan approved by the department of state shall be required. (iii) General efficiency planning grants. (1) Within the annual amounts appropriated therefor, the secretary of state may award competitive grants to two or more municipalities to cover costs associated with plans and studies for potential functional consolidation or shared services involving two or more municipalities. (2) Such plans and studies shall include an examination of the potential financial savings and management improvements from such functional consolidation or shared services. 19 CHAP. 56

(3) General efficiency planning grants may be used to cover costs including, but not limited to, legal and consultant services and other necessary expenses. The amounts awarded to a school district pursuant to this subparagraph shall not be included in the approved operating expense of the school district as defined in paragraph t of subdivision one of section thirty-six hundred two of the education law. No part of the grant shall be used by the applicant for recurring expenses such as salaries. (4) The maximum general efficiency planning grant awarded shall not exceed twenty-five thousand dollars per application for two municipalities, with an additional one thousand dollars for each additional municipality participating in the application; provided, however, that in no case shall such an application receive a grant award in excess of thirty- five thousand dollars. (5) Local matching funds equal to ten percent of the total cost of activities under the grant work plan approved by the secretary of state shall be required. (6) In the selection of grant awards, the secretary of state shall give the highest priority to applications that would result in the complete functional consolidation of a municipal service and shall also give priority to applications that include a municipality which meets at least three of the fiscal distress indicators in paragraph c of this subdivision, that include the consolidation of health benefit plans offered by two or more municipalities, or that would result in contractual services between two or more municipal highway departments or the consolidation of two or more municipal highway departments; provided, however, that to receive a general efficiency planning grant award, an applicant shall indicate that an objective of the study or plan for functional consolidation or shared services is to realize financial savings upon implementation. (iv) Efficiency implementation grants. (1) Within the annual amounts appropriated therefor, the secretary of state may award competitive grants to two or more municipalities to cover costs associated with consolidations, mergers, dissolutions, cooperative agreements and shared services where authorized by state law and where demonstrable financial savings would result from such consolidation, merger, dissolution, cooperative agreement or shared service. (2) Efficiency implementation grants may be used to cover costs including, but not limited to, legal and consultant services, capital improvements, transitional personnel costs essential for the implementation of the approved efficiency implementation grant work plan, and other necessary expenses. Grants may be used for capital improvements, transitional personnel costs or joint equipment purchases only where such expenses are integral to the coordinated or consolidated service delivery. The amounts awarded to a school district pursuant to this subparagraph shall not be included in the approved operating expense of the school district as defined in paragraph t of subdivision one of section thirty-six hundred two of the education law. (3) The maximum efficiency implementation grant awarded shall not exceed two hundred thousand dollars per municipality; provided, however, that in no case shall such an application receive a grant award in excess of one million dollars. (4) Local matching funds equal to ten percent of the total cost of activities under the grant work plan approved by the department of state shall be required. In the event an applicant is implementing a project that the applicant developed through a successfully completed planning CHAP. 56 20 grant funded under the local government efficiency grant program or the shared municipal services incentive grant program, the local matching funds required shall be reduced by the local matching funds required by such successfully completed planning grant. (5) No part of the grant shall be used by the applicant for recurring expenses such as salaries, except that the salaries of certain personnel essential for the effectuation of the joint activity shall be eligible for a period not to exceed three years. (6) In the selection of grant awards, the secretary of state shall give the highest priority to applications that would implement the merger, dissolution or consolidation of municipalities or that would implement the complete functional consolidation of a municipal service, and shall also give priority to applications that are submitted by applicants that successfully completed a high priority planning grant pursuant to subparagraph (ii) of this paragraph or a planning grant under the shared municipal services incentive grant program for one of the types of high priority activity identified in subparagraph (ii) of this paragraph; that include a municipality which meets at least three of the fiscal distress indicators in paragraph c of this subdivision; that would consolidate health benefit plans offered by two or more municipalities; or that would result in contractual services between two or more municipal highway departments or the consolidation of two or more municipal highway departments. (v) Twenty-first century demonstration project grants. (1) Within the amounts appropriated therefor, subject to a plan developed in consultation with the commission on local government efficiency and competitiveness and approved by the director of the budget, the secretary of state may award competitive grants to municipalities to cover costs associated with a functional consolidation or a shared services agreement having great potential to achieve financial savings and serve as a model for other municipalities, including the consolidation of services on a multi- county basis, the consolidation of certain services countywide as identified in such plan, the creation of a regional entity empowered to provide multiple functions on a countywide or regional basis, the creation of a regional or city-county consolidated municipal government, the consolidation of school districts or supporting services for school districts encompassing the area served by a board of cooperative educational services, or the creation of a regional smart growth compact or program. (2) Twenty-first century demonstration project grants may be used to cover costs including, but not limited to, legal and consultant services, capital improvements, transitional personnel costs essential for the implementation of the approved twenty-first century demonstration project grant work plan, and other necessary expenses. Grants may be used for capital improvements, transitional personnel costs or joint equipment purchases only where such expenses are integral to the coordinated or consolidated service delivery. (3) The maximum twenty-first century demonstration project grant awarded shall not exceed four hundred thousand dollars per municipality. Award amounts may vary by grant category as identified in the request for applications. (4) Local matching funds equal to ten percent of the total cost of activities under the grant work plan approved by the department of state shall be required. (vi) The secretary of state shall, prior to the acceptance of grant applications, promulgate rules and regulations including, but not limit- 21 CHAP. 56

ed to, (1) award eligibility criteria, and (2) application, review and grant approval procedures. The secretary of state shall also require that such awards be granted only for services that would otherwise be individually provided by each grantee and that demonstrable financial savings result from such sharing, unless such awards are for feasibility studies. The secretary of state may consult with the commissioner of transportation, the president of the state civil service commission, or any other appropriate state official as needed to establish such rules and regulations. (vii) Evaluation of grant program. The department of state shall prepare an annual report to the governor and the legislature on the effectiveness of the shared municipal services incentive program and the local government efficiency grant program. Such report shall be provided on or before October first of each year and shall include, but not be limited to, the following: a summary of applications and awards for each grant category, an assessment of progress in the implementation of initiatives that received grant awards, estimated financial savings and significant improvements in service realized by municipalities that have received grants and an evaluation of the effectiveness of regional technical assistance and state agency assistance provided pursuant to subparagraphs (vii) and (viii) of this paragraph. (viii) Regional technical assistance. Within the annual amounts appropriated therefor, a portion of the administrative funding appropriated for the local government efficiency grant program may be used to support technical assistance provided by regionally-based organizations, pursuant to a plan submitted by the secretary of state in consultation with the commission on local government efficiency and competitiveness and subject to approval by the director of the budget, including but not limited to regional planning and development boards, not-for-profit organizations that support local government concerns, and academic institutions. Regional technical assistance shall include, but not be limited to, developing service sharing and consolidation guides and manuals, providing presentations on how to undertake consolidations, and providing assistance in developing consolidation and shared service agreements. Providers of regional technical assistance shall measure and report to the secretary of state on the effectiveness of such assistance in facilitating shared services or consolidation among municipalities. (ix) State agency assistance. Within the annual amounts appropriated therefor, a portion of administrative funding appropriated for the local government efficiency grant program may be used to support new programs of state agency assistance to achieve financial savings among municipalities through functional consolidation or shared services pursuant to a plan submitted by such agency and approved by the director of the budget. State agencies that provide such assistance shall measure and report to the director of the budget, the commission on local government efficiency and competitiveness, and the secretary of state on the effectiveness of such assistance in achieving cost savings among municipalities. § 8. Subdivision 10 of section 54 of the state finance law is amended by adding a new paragraph p to read as follows: p. Local government efficiency grant program municipal merger incentives. For the purposes of this paragraph, "municipalities" shall mean cities with a population less than one million, towns and villages. Within the annual amounts appropriated therefor, surviving municipalities following a merger, consolidation or dissolution occurring on or after the state fiscal year commencing April first, two thousand CHAP. 56 22

seven may be awarded one of the following as selected by the governing body of the merged, consolidated or surviving, in the case of a dissolution, municipality: (i) Additional aid in the state fiscal year following such merger, consolidation or dissolution equal to twenty-five percent of the combined base level grants received, pursuant to paragraph b of this subdivision, by the municipalities that were party to such merger, consolidation or dissolution in the state fiscal year in which such merger, consolidation or dissolution took effect. In instances where only a portion of a city, town or village is party to a consolidation, merger or dissolution, the additional aid payable to the resulting successor government shall be based on only a pro rata share of the base level grant received by such city, town or village. Such pro rata share shall be calculated by multiplying the base level grant of such city, town or village in the state fiscal year in which such merger, consolidation or dissolution took effect by the ratio of the most recent federal decennial census population of the portion consolidated, merged or dissolved as compared to the total two thousand federal decennial census population of the city, town or village party to such consolidation, merger or dissolution. In no case shall a municipality's additional aid pursuant to this subparagraph exceed one million dollars. Such additional aid shall be apportioned and paid to the chief fiscal officer of each merged, consolidated or surviving, in the case of a village dissolution, municipality on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund in the general fund of the state treasury in the same "on or before month and day" manner as the municipality's base level grant is paid pursuant to subparagraph (i) of paragraph i of this subdivision. Any municipality receiving a merger incentive award pursuant to this subparagraph shall use such aid only for general municipal purposes. Such additional aid shall in subsequent state fiscal years be considered prior year aid for the purposes of determining such merged, consolidated or surviving municipality's base level grant pursuant to paragraph b of this subdivision. (ii) Two hundred fifty thousand dollars in the first state fiscal year following such merger, consolidation or dissolution, reduced in equal parts in each of the subsequent four state fiscal years; provided, however, that in no case shall such first state fiscal year award exceed twenty-five percent of the combined property tax levy of the merged or consolidated municipalities in the local fiscal year prior to the local fiscal year in which such merger or consolidation took effect; provided, further, that in the case of a village dissolution, such first state fiscal year award shall not exceed twenty-five percent of the combined property tax levy of the village and surviving town in the local fiscal year prior to the local fiscal year in which such dissolution took effect. Such award shall be used for transitional purposes and long-term savings and efficiencies. In the event a village dissolves into more than one town, the surviving towns shall receive a pro rata portion of the additional aid based on relative population. Such additional aid shall be apportioned and paid to the chief fiscal officer of each merged, consolidated or surviving, in the case of a dissolution, municipality on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund in the general fund of the state treasury in the same "on or before month and day" manner as the municipality's base level grant is paid pursuant to subparagraph (i) of paragraph i of this subdivision. 23 CHAP. 56

(iii) Additional aid in the state fiscal year following such merger, consolidation or dissolution equal to fifteen percent of the combined amount of real property taxes levied by all of the municipalities participating in the merger, consolidation or dissolution in the local fiscal year prior to the local fiscal year in which such merger, consolidation or dissolution took effect. In instances where only a portion of a city, town or village is party to a consolidation, merger or dissolution, the additional annual aid payable to the resulting successor government shall be based on only a pro rata share of the total real property taxes levied by such city, town or village. Such pro rata share shall be calculated by multiplying the total real property tax levy of such city, town or village in the local fiscal year prior to the local fiscal year in which such merger, consolidation or dissolution took effect by the ratio of the most recent federal decennial census population of the portion consolidated, merged or dissolved as compared to the total two thousand federal decennial census population of the city, town or village party to such consolidation, merger or dissolution. Such additional aid shall be apportioned and paid to the chief fiscal officer of each consolidated or merged municipality on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund in the general fund of the state treasury in the same "on or before month and day" manner as the municipality's base level grant is paid pursuant to subparagraph (i) of paragraph i of this subdivision. Any municipality receiving a merger incentive award pursuant to this subparagraph shall use such aid only for general municipal purposes. In no case shall a municipality's annual aid pursuant to this subparagraph exceed one million dollars. Such additional aid shall in subsequent state fiscal years be considered prior year aid for the purposes of determining such merged, consolidated or surviving municipality's base level grant pursuant to paragraph b of this subdivision. § 9. Subdivision 10 of section 54 of the state finance law is amended by adding a new paragraph q to read as follows: q. Local government efficiency grant program highway functional consolidation incentive. (i) When used in this paragraph, unless otherwise expressly stated: (1) "Municipalities" shall mean counties, cities, towns or villages. (2) "Functional consolidation" shall have the same meaning as in clause two of subparagraph (i) of paragraph o of this subdivision. (3) "Highway services" shall include, but not be limited to, road maintenance and snow and ice control services. (ii) If the functional consolidation of highway services in a county results in one municipality providing highway services for at least ninety percent of the lane miles in such county, excluding lane miles for which the state has jurisdiction and maintenance responsibility, or if all of the towns in a county functionally consolidate highway services, then each one of the municipalities party to such functional consolidation shall in the state fiscal year following such consolidation receive additional aid equal to thirty percent of the aid that such municipality received pursuant to section ten-c of the highway law in the state fiscal year preceding such consolidation, which additional aid shall then be reduced in equal parts over the following four years; provided, however, that in no case shall the total of such additional aid provided in a state fiscal year to all municipalities party to one such consolidation exceed one million dollars. If all municipalities party to one such consolidation would otherwise receive a total of more CHAP. 56 24

than one million dollars of such additional aid in any state fiscal year, each such municipality shall instead in such state fiscal year receive a pro rata share of one million dollars based on the ratio of the aid which such municipality received pursuant to section ten-c of the highway law in the state fiscal year preceding such consolidation to the total aid which all such municipalities received pursuant to section ten-c of the highway law in the state fiscal year preceding such consolidation. Such additional aid shall be apportioned and paid to the chief fiscal officer of each municipality party to such functional consolidation of highway services on audit and warrant of the state comptroller out of moneys appropriated by the legislature for such purpose to the credit of the local assistance fund in the general fund of the state treasury and shall not be deemed to be consolidated local highway assistance payments pursuant to section ten-c of the highway law. § 10. Section 30 of the general municipal law is amended by adding a new subdivision 7 to read as follows: 7. To the extent practicable, each municipal corporation shall make accessible to the public via its official internet web site documentation pertaining to its most recent annual financial reports, current year budget, most recent independent audit report and most recent fiscal performance plan or multiyear financial plan required pursuant to paragraph g of subdivision ten of section fifty-four of the state finance law, unless such information is covered by subdivision two of section eighty- seven of the public officers law. § 11. 1. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, twenty million dollars of aid and incentives for municipalities otherwise due and payable to the city of Rochester on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 2. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, ten million dollars of aid and incentives for municipalities otherwise due and payable to the city of Buffalo on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 3. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, one million dollars of aid and incentives for municipalities otherwise due and payable to the city of Lackawanna on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 4. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, four hundred thousand dollars of aid and incentives for municipalities otherwise due and payable to the city of Long Beach on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 5. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, five million dollars of aid and incentives for municipalities otherwise 25 CHAP. 56 due and payable to the city of Syracuse on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 6. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, one million dollars of aid and incentives for municipalities otherwise due and payable to the city of White Plains on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 7. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, twenty million dollars of aid and incentives for municipalities otherwise due and payable to the city of Yonkers on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. 8. Notwithstanding any other law to the contrary, for the state fiscal year beginning April 1, 2009, and in each state fiscal year thereafter, one hundred twenty-five thousand dollars of aid and incentives for municipalities otherwise due and payable to the city of Rensselaer on or before March 31 shall be paid on or before June 30 in such fiscal year upon written request by the chief elected official of such city to the director of the budget, provided such request is made no later than April 1, 2009. § 12. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided, however, that sections one, two, four, six and eight of this act shall be deemed to have been in full force and effect on and after April 1, 2007.

PART P

PART Q

PART R

PART S

PART T

PART U

Intentionally omitted. CHAP. 56 26

PART V

PART W

Section 1. The opening paragraph of section 164 of the civil service law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. During the fiscal year two thousand eight--two thousand nine, the president shall establish an amnesty period not to exceed sixty days. During this amnesty period when any employee enrolled in the plan volun- tarily identifies any ineligible dependent: (a) the termination of the ineligible dependent's coverage resulting from such employee's timely compliance shall be made on a current basis; (b) the plan shall not seek recovery of any claims paid based on the coverage of the ineligible dependent; (c) the employee shall not be entitled to any refund of premium paid on behalf of any such ineligible dependent; and (d) the employee shall not be subject to any disciplinary, civil or criminal action, directly as a result of the coverage of the ineligible dependent. § 2. This act shall take effect immediately.

PART X

Section 1. Paragraphs a and d of subdivision 2 of section 679-e of the education law, as added by section 1 of part H of chapter 56 of the laws of 2007, are amended to read as follows: a. (i) "Eligible attorney" means an attorney, admitted to practice law in New York state, who is a district attorney, as defined in [subdivision thirty-two of section 1.20 of the criminal procedure law] subparagraph (ii) of this paragraph, who is employed full time as a district attorney; and who [has both held] holds a degree from a law school [for not more than eleven years] and was within the eligible period as defined in paragraph b of this subdivision during the time for which such person is seeking a student loan expense grant. (ii) "District attorney" means the district attorney of one of the counties of the state or an employee of the office of any such district attorney. d. "Year of qualified service" means the twelve month period measured from the anniversary of the attorney's employment as an eligible attorney, or as a law school graduate awaiting admission to the New York state bar employed by a prosecuting or criminal defense agency as permitted by section four hundred eighty-four of the judiciary law, adjusted for any interruption in employment. Any period of temporary eave from service taken by an eligible attorney shall not be considered n the calculation of qualified service. However, the period of temporary leave shall be considered an interruption in employment and the alculation of the time period of qualified service shall recommence hen the eligible attorney returns to full time service. § 2. Paragraph b of subdivision 3 of section 679-e of the education law, as added by section 1 of part H of chapter 56 of the laws of 2007, is amended to read as follows: b. An eligible attorney may apply after the completion of the fourth year of qualified service, and annually thereafter after the completion 27 CHAP. 56 of the fifth through ninth year of qualified service, and may seek a student loan expense grant for only the previous year of qualified service within the time periods prescribed by the president. An eligible attorney may receive student loan expense grants for no more than six years of qualified service within an eligible period. § 3. Section 2 of part H of chapter 56 of the laws of 2007 relating to the support of government, is amended to read as follows: § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2007 [and shall emain in effect until the first of September 2008, when it shall expire nd be deemed repealed]. § 4. This act shall take effect immediately provided that sections and two of this act shall be deemed to have been in full force and effect on and after April 1, 2007.

PART Y

Section 1. Subdivision 3 of section 60.02 of the penal law, as added by section 1 of part F of chapter 56 of the laws of 2004, is amended to read as follows: (3) The provisions of section 60.35 of this article shall apply to a sentence imposed upon a youthful offender finding and the amount of the mandatory surcharge and crime victim assistance fee which shall be levied at sentencing shall be equal to the amount specified in such section for the offense of conviction for which the youthful offender finding was substituted; provided, however that the court shall not impose the sex offender registration fee, DNA databank fee or supplemental sex offender victim fee, as defined in subparagraphs (iv) and (v) of paragraph (a) and paragraph (b) of subdivision one of section 60.35 of this article, for an offense in which the conviction was substituted with a youthful offender finding . § 2. Subdivision 10 of section 60.35 of the penal law, as added by section 2 of part F of chapter 56 of the laws of 2004, is amended to read as follows: 10. The provisions of this section shall apply to sentences imposed upon a youthful offender finding ; provided, however that the court shall not impose the sex offender registration fee, DNA databank fee or supplemental sex offender victim fee, as defined in subparagraphs (iv) and (v) of paragraph (a) and paragraph (b) of subdivision one of this section, for an offense in which the conviction was substituted with a youthful offender finding . § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date as part F of chapter 56 of the laws of 2004, took effect.

PART Z

Section 1. The opening paragraph of subdivision 3 of section 5-a of the legislative law, as amended by section 1 of part NN of chapter 59 of the laws of 2006, is amended to read as follows: Any member of the assembly serving in a special capacity in a position set forth in the following schedule shall be paid the allowance set forth in such schedule only for the legislative term commencing January first, two thousand [seven] nine and terminating December thirty-first, two thousand [eight] ten: § 2. This act shall take effect immediately. CHAP. 56 28

PART AA

Section 1. Section 13 of chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, as amended by section 1 of part I of chapter 56 of the laws of 2007, is amended to read as follows: § 13. This act shall take effect immediately and shall be deemed to have been in full force and effect as of April 1, 1994, provided that, the provisions of section 5-a of the legislative law as amended by sections two and two-a of this act shall take effect on January 1, 1995, and provided further that, the provisions of article 5-A of the legislative law as added by section eight of this act shall expire June 30, [2008] 2009 when upon such date the provisions of such article shall be deemed repealed; and provided further that section twelve of this act shall be deemed to have been in full force and effect on and after April 10, 1994. § 2. This act shall take effect immediately, provided however, if this act takes effect on or after June 30, 2008 this act shall be deemed to have been in full force and effect on and after June 30, 2008.

PART BB

Section 1. Subdivision 3 of section 97-uu of the state finance law, as added by chapter 141 of the laws of 1994, is amended to read as follows: 3. Moneys of the fund, following appropriation by the legislature, may be expended for services and expenses relative to research, development, training of personnel and acquisition of support services directly related to data processing capabilities of the legislature. Moneys shall be paid out of the fund on the audit and warrant of the state comptroller on vouchers certified or approved by the temporary president of the senate or his or her designee and the speaker of the assembly or his or her designee. Funds appropriated may be suballocated to any legislative entity subject to the written approval of the temporary president of the senate or his or her designee and the speaker of the assembly or his or her designee. § 2. This act shall take effect immediately.

PART CC

Section 1. Section 14 of part J of chapter 62 of the laws of 2003 amending the county law and other laws relating to fees collected, is amended to read as follows: § 14. Notwithstanding the provisions of any other law: (a) the fee collected by the office of court administration for the provision of criminal history searches and other searches for data kept electronically by the unified court system shall be [fifty-two] fifty-five dollars; (b) twenty-seven dollars of each such fee collected shall be deposited in the indigent legal services fund established by section 98-b of the state finance law, as added by section twelve of this act, [and] (c) nine dollars of each such fee collected shall be deposited in the legal services assistance fund established by section 98-c of the state finance law, as added by section nineteen of this act, (d) sixteen dollars of each such fee collected shall be deposited to the judiciary data processing offset fund established by section 94-b of the state finance law, and (e) the remainder shall be deposited in the general 29 CHAP. 56 fund [and subject to transfer in accordance with section 94-b of the tate finance law as amended by section fifteen of this act]. § 2. Subdivision 3 of section 94-b of the state finance law is REPEALED, and subdivisions 4 and 5 are renumbered subdivisions 3 and 4. § 3. This act shall take effect immediately.

PART DD

Section 1. Subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 of section 60.35 of the penal law, as amended by section 1 of part E of chapter 56 of the laws of 2004, are amended to read as follows: (i) a person convicted of a felony shall pay a mandatory surcharge of [two] three hundred [fifty] dollars and a crime victim assistance fee of [twenty] twenty-five dollars; (ii) a person convicted of a misdemeanor shall pay a mandatory surcharge of one hundred [forty] seventy-five dollars and a crime victim assistance fee of [twenty] twenty-five dollars; (iii) a person convicted of a violation shall pay a mandatory surcharge of [seventy-five] ninety-five dollars and a crime victim assistance fee of [twenty] twenty-five dollars; § 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 2 of part M of chapter 62 of the laws of 2003, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (a) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a traffic infraction pursuant to article nine of this chapter, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. (b) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a misdemeanor or felony pursuant to section eleven hundred ninety-two of this chapter, there shall be levied, in addition to any sentence required or permitted by law, a crime victim assistance fee in the amount of twenty-five dollars and a mandatory surcharge in accordance with the following schedule: (i) a person convicted of a felony shall pay a mandatory surcharge of [two] three hundred [fifty] dollars; (ii) a person convicted of a misdemeanor shall pay a mandatory surcharge of one hundred [forty] seventy-five dollars. (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other CHAP. 56 30 than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy- four of the laws of nineteen hundred fifty, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of [forty- five] fifty-five dollars. § 3. This act shall take effect July 1, 2008 and shall apply to offenses committed on or after such date; provided, however, that the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to be repealed and expire there-with.

PART EE

Section 1. The vehicle and traffic law is amended by adding a new section 1809-e to read as follows: § 1809-e. Additional surcharge required for certain violations. 1. a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursuant to section eleven hundred ninety-two of this chapter, or for a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty dollars. b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to section eleven hundred ninety-two of this chapter, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars. 2. The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller to be deposited to the general fund. 3. The provisions of subdivision four-a of section five hundred ten, subdivision three of section five hundred fourteen and subdivision three of section two hundred twenty-seven of this chapter governing actions 31 CHAP. 56 which may be taken for failure to pay a fine or penalty shall be applicable to the additional surcharge imposed pursuant to this section. § 2. This act shall take effect August 1, 2008 and shall apply to offenses committed on and after such date. § 2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts.

The Legislature of the STATE OF NEW YORK ss: Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER Temporary President of the Senate Speaker of the Assembly