A 10005: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2026-2027 state fiscal year; extends the recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia until 2031 (Part A); extends the suspension of the subsidy to the state emergency services revolving loan fund from the public safety communications surcharge until the end of the 2027--2028 state fiscal year (Part B); establishes crimes related to utilizing three-dimensional printers for manufacturing ghost guns and firearm components (Subpart A); provides for firearm prevention technology requirements for three-dimensional printers (Subpart B)(Part C); establishes the crimes of unlawful use of a drone; establishes "the New York state blue list" requiring that the state, its agencies, and any political subdivisions of the state only buy drones and drone mitigation technology from vendors listed on such registry (Part D); relates to the definition of insurance fraud (Part F); extends temporary orders of protection issued simultaneously with the issuance of a warrant until the defendant subsequently appears in court pursuant to such warrant or voluntarily or otherwise, unless the matter is dismissed (Part H); authorizes the liquor authority to change the duration of certain licenses (Subpart A); extends motion picture theater liquor licenses (Subpart B); prohibits wholesalers from assessing certain fees on retailers (Subpart C) (Part O); increases the frequency of education and training in ethics and lobbying; imposes fees for failure to complete training by the required timeframes (Part U); establishes dedicated workers' compensation fraud units within New York state district attorneys' office (Part W); specifies which providers are authorized to render certain medical care (Part X); increases certain purchasing and advertising thresholds to one hundred fifty thousand dollars (Part Y); relates to lobbyist registration fees (Part Z); requires the superintendent of state police to develop, maintain, and disseminate to all members of the division of state police a critical incident paid leave policy (Part AA); extends provisions related to the monetary threshold for certain restrictions on procurement contracts until 2028 (Part BB); extends the effectiveness of certain provisions relating to purchasing of services and commodities by the state (Part CC); repeals provisions that authorize proceedings to revert to the original court of record when a defendant fails to comply with or complete the mental health court program (Part GG); extends certain provisions constituting the New York State community commission on reparations remedies; relates to extending the time the New York State community commission on reparations remedies has to submit a written report of its findings and recommendations to the legislature and the governor; relates to the status of members of the commission (Part HH); requires prior approval for rate increases for certain policies covering losses or liabilities arising out of the ownership of a motor vehicle (Part II); prohibits the use of employment, education, homeownership, and zip code for determining private passenger motor vehicle insurance rates (Part JJ); extends provisions related to the operation and administration of the legislature (Part KK); enacts the "Local Cops, Local Crimes Act" (Subpart A); enacts the "New York state Bivens act" (Subpart B); restricts action state and municipal employees can take regarding immigration enforcement (Subpart C); prohibits children from being denied access to a free public education due to citizenship or immigration status and other prohibited practices (Subpart D); enacts the "sensitive location protection act" (Subpart E); prohibits law enforcement officers from wearing any mask or personal disguise while interacting with the public in the performance of their duties (Subpart F); creates a new immigrant trust office within the department of law (Subpart G); establishes certain procedures for child care programs for certain children who cannot be picked up as scheduled (Subpart H) (Part LL); extends the term and authority of the independent monitor for the Orange county industrial development agency; requires such monitor also monitor the Orange county funding corporation; modifies the applicability of certain tax exemptions based on population; extends provisions of law related to the independent monitor for the Orange county industrial development agency (Part MM); provides a period of probable usefulness of five years for certain police emergency response vehicles (Part NN); provides for appointments to a city charter revision commission by an incoming mayor (Part OO).

  
  STATE OF NEW YORK ________________________________________________________________________ S. 9005 A. 10005  SENATE - ASSEMBLY January 21, 2026 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 268 of the laws of 1996 amending the education law and the state finance law relating to providing a recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia, in relation to making such chapter permanent (Part A); to amend the tax law, in relation to extending the suspension of the subsidy to state emergency services revolving loan fund from the public safety communications surcharge (Part B); to amend the penal law and the criminal procedure law, in relation to convertible pistols and three-dimensional printed guns (Subpart A); and to amend the exec- utive law and the general business law, in relation to firearm prevention technology requirements for three-dimensional printers (Subpart B)(Part C); to amend the penal law and the executive law, in relation to establishing a comprehensive drone plan (Part D); to amend the public health law, in relation to sexual offense evidence collection kit procedures (Part E); to amend the penal law, in relation to fraud offenses (Part F); to amend the executive law and the state finance law, in relation to the motor vehicle theft and insurance fraud prevention board (Part G); to amend the criminal procedure law and the family court act, in relation to extending orders of protection (Part H); to amend the criminal procedure law, in relation to grand jury procedure (Part I); to amend the executive law, in relation to authorities and responsibilities during disaster emer- gencies and in relation to establishing the international emergency management assistance compact (Part J); to amend the penal law, in relation to certain crimes of interference with health care services or religious worship (Part K); to amend the civil rights law, in relation to establishing the sensitive location protection act (Part L); to amend the civil rights law, in relation to enacting the "New York state Bivens act" (Part M); to amend chapter 396 of the laws of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12670-01-6 
 S. 9005 2 A. 10005 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part N); to amend the alcoholic beverage control law, in relation to allowing temporary retail permit holders to purchase stock on credit (Subpart A); to amend the alcoholic bever- age control law, relating to banning alcoholic beverage brand labels designed to appeal to children (Subpart B); to amend the alcoholic beverage control law, in relation to authorizing the liquor authority to change the duration of certain licenses (Subpart C); to amend the alcoholic beverage control law, in relation to authorizing channel pricing for liquor and wine pursuant to the alcoholic beverage control law (Subpart D); to amend the alcoholic beverage control law, in relation to direct shipment enforcement (Subpart E); to amend part CC of chapter 55 of the laws of 2024 amending the alcoholic beverage control law, relating to alcohol in certain motion picture theatres, in relation to making motion picture theater licenses permanent (Subpart F); to repeal subdivision 9 of section 106 of the alcoholic beverage control law, in relation to access to a licensed premises (Subpart G); to amend the alcoholic beverage control law, in relation to lowering the food requirements at bona-fide hotels (Subpart H); to amend the alcoholic beverage control law, in relation to expanding privileges for certain manufacturers (Subpart I); to amend the alco- holic beverage control law, in relation to banning wholesalers from assessing certain fees on retailers (Subpart J); and to amend the alcoholic beverage control law, in relation to authorizing manufactur- ers to have up to three retail licenses under the same name as the manufacturer (Subpart K) (Part O); to amend the alcoholic beverage control law, in relation to establishing an adult care facility on-premises license (Subpart A); to amend the alcoholic beverage control law, in relation to establishing an airline lounge license (Subpart B); to amend the alcoholic beverage control law, in relation to establishing a cafe license (Subpart C); to amend the alcoholic beverage control law, in relation to establishing a higher education on-premises license (Subpart D); to amend the alcoholic beverage control law, in relation to establishing a hotel concessionaire license and permit (Subpart E); to amend the alcoholic beverage control law, in relation to establishing an early morning sports bar permit (Subpart F); to amend the alcoholic beverage control law, in relation to reissuing new wholesale beer licenses with retail privi- leges (Subpart G); and to amend the alcoholic beverage control law, in relation to making conforming changes (Subpart H) (Part P); to amend the alcoholic beverage control law, in relation to establishing a restaurant dine and dance license (Part Q); to amend the election law, in relation to preventing voter suppression and deception in elections (Part R); to amend the election law, in relation to the use of non- consensual materially deceptive media prior to an election (Part S); to amend the financial services law, in relation to dispute resolution for emergency services and surprise bills (Part T); to amend the exec- utive law and the legislative law, in relation to education and train- ing in ethics and lobbying (Part U); to amend the public officers law, in relation to the annual statement of financial disclosure; and to amend the tax law and the administrative code of the city of New York, in relation to making conforming technical changes (Part V); to amend the workers' compensation law, in relation to establishing dedicated workers' compensation fraud units within New York state district attorneys' offices (Part W); to amend the workers' compensation law, 
 S. 9005 3 A. 10005 in relation to specifying which providers are authorized to render certain medical care; and to repeal certain provisions of such law related thereto (Part X); to amend the state finance law and the economic development law, in relation to purchasing and advertising thresholds (Part Y); to amend the legislative law, in relation to lobbyist and client registration fees (Part Z); to amend the executive law, in relation to requiring the superintendent of state police to develop, maintain, and disseminate to all members of the division of state police a critical incident paid leave policy (Part AA); to amend chapter 1 of the laws of 2005 amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to extending the effective- ness thereof; and to amend the state finance law, in relation to the definition of procurement contracts (Part BB); to amend chapter 83 of the laws of 1995 amending the state finance law and other laws relat- ing to bonds, notes and revenues, in relation to the effectiveness of certain provisions thereof (Part CC); to amend the civil practice law and rules and the state finance law, in relation to the rate of inter- est to be paid on judgment and accrued claims (Part DD); to amend the civil service law, in relation to reimbursement for medicare premium charges (Part EE); and in relation to providing for the administration of certain funds and accounts related to the 2026--2027 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the school tax relief fund; to amend the private housing finance law, in relation to housing program bonds and notes; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds and notes for the youth facilities improvement fund; to amend the public authorities law, in relation to the issuance of bonds and notes for city university facilities; to amend the public authorities law, in relation to the issuance of bonds for library construction projects; to amend the public authorities law, in relation to the issuance of bonds for state university educational facilities; to amend the public authorities law, in relation to the issuance of bonds and notes for locally sponsored community colleges; to amend chapter 392 of the laws of 1973 constituting the New York state medical care facilities finance agency act, in relation to the issuance of mental health services facilities improvement bonds and notes; to amend part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of bonds and notes to finance capital costs related to homeland security; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to financing project costs for the office of information technology services and department of law; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of funds to the thruway authority; to amend chapter 174 of the laws of 1968 constituting the urban develop- ment corporation act, in relation to the issuance of bonds and notes to fund costs for statewide equipment; to amend the public authorities law, in relation to the issuance of bonds for purposes of financing environmental infrastructure projects; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, 
 S. 9005 4 A. 10005 in relation to the issuance of bonds and notes for the youth facili- ties improvement fund; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financ- ing peace bridge projects and capital costs of state and local high- ways; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds for economic development initiatives; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of bonds and notes for the purpose of financing capital projects for the division of military and naval affairs; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to issuance of bonds for project costs undertaken by or on behalf of the state education department, special act school districts, state-supported schools for the blind and deaf, approved private special education schools, non-public schools, commu- nity centers, day care facilities, residential camps, day camps, Native American Indian Nation schools; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financing the construction of the New York state agriculture and markets food laboratory; to amend the public authorities law, in relation to authorization for the issuance of bonds for the capital restructuring financing program, the health care facility transforma- tion programs, and the essential health care provider program; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of bonds and notes for the purpose of financing capital projects for initiatives of the state police; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to personal income tax revenue anticipation notes; to amend the state finance law, in relation to the calculation of total outstanding principal amount of debt; and providing for the repeal of certain provisions upon expira- tion thereof (Part FF) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state public protection and general govern- 3 ment budget for the 2026-2027 state fiscal year. Each component is whol- 4 ly contained within a Part identified as Parts A through FF. The effec- 5 tive date for each particular provision contained within such Part is 6 set forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three of 11 this act sets forth the general effective date of this act. 12 PART A 13 Section 1. Section 5 of chapter 268 of the laws of 1996 amending the 14 education law and the state finance law relating to providing a recruit- 15 ment incentive and retention program for certain active members of the 
 S. 9005 5 A. 10005 1 New York army national guard, New York air national guard, and New York 2 naval militia, as amended by section 1 of part P of chapter 55 of the 3 laws of 2021, is amended to read as follows: 4 § 5. This act shall take effect January 1, 1997 [and shall expire and 5 be deemed repealed September 1, 2026; provided that any person who has 6 begun to receive the benefits of this act prior to its expiration and 7 repeal shall be entitled to continue to receive the benefits of this act 8 after its expiration and repeal until completion of a baccalaureate 9 degree or cessation of status as an active member, whichever occurs 10 first]. 11 § 2. This act shall take effect immediately. 12 PART B 13 Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax 14 law, as amended by section 1 of part E of chapter 55 of the laws of 15 2024, is amended to read as follows: 16 (b) The sum of one million five hundred thousand dollars must be 17 deposited into the New York state emergency services revolving loan fund 18 annually; provided, however, that such sums shall not be deposited for 19 any state fiscal [years] year between two thousand eleven--two thousand 20 twelve, [two thousand twelve--two thousand thirteen, two thousand four- 21 teen--two thousand fifteen, two thousand fifteen--two thousand sixteen, 22 two thousand sixteen--two thousand seventeen, two thousand seventeen-- 23 two thousand eighteen, two thousand eighteen--two thousand nineteen, two 24 thousand nineteen--two thousand twenty, two thousand twenty--two thou- 25 sand twenty-one, two thousand twenty-one--two thousand twenty-two, two 26 thousand twenty-two--two thousand twenty-three, two thousand twenty- 27 three--two thousand twenty-four, two thousand twenty-four--two thousand 28 twenty-five,] and [two thousand twenty-five--two thousand twenty-six] 29 two thousand twenty-nine--two thousand thirty; 30 § 2. This act shall take effect April 1, 2026; provided, however, if 31 this act shall become a law after such date it shall take effect imme- 32 diately and shall be deemed to have been in full force and effect on and 33 after April 1, 2026. 34 PART C 35 Section 1. This Part enacts into law components of legislation relat- 36 ing to three-dimensional printed guns and pistol converters. Each compo- 37 nent is wholly contained within a Subpart identified as Subparts A 38 through B. The effective date for each particular provision contained 39 within such Subpart is set forth in the last section of such Subpart. 40 Any provision in any section contained within a Subpart, including the 41 effective date of the Subpart, which makes reference to a section "of 42 this act", when used in connection with that particular component, shall 43 be deemed to mean and refer to the corresponding section of the Subpart 44 in which it is found. Section three of this Part sets forth the general 45 effective date of this Part. 46 SUBPART A 47 Section 1. Subdivisions 1, 3-a and 36 of section 265.00 of the penal 48 law, subdivision 3-a as added by chapter 134 of the laws of 2019 and 49 subdivision 36 as added by chapter 429 of the laws of 2024, are amended 
 S. 9005 6 A. 10005 1 and four new subdivisions 37, 38, 39 and 40 are added to read as 2 follows: 3 1. "Machine-gun" means a weapon of any description, irrespective of 4 size, by whatever name known, loaded or unloaded, from which a number of 5 shots or bullets may be rapidly or automatically discharged from a maga- 6 zine with one continuous pull of the trigger and includes a sub-machine 7 gun, and also includes any convertible pistol that is equipped with a 8 pistol converter. 9 3-a. "Major component of a firearm, rifle or shotgun" means the 10 barrel, the slide or cylinder, the frame, or receiver of the firearm, 11 rifle, or shotgun, regardless of whether such component is privately or 12 publicly manufactured. 13 36. "Pistol converter" means any device or instrument that, when 14 installed in or attached to the rear of the slide of a semi-automatic 15 pistol, replaces the backplate and interferes with the trigger mechanism 16 and thereby enables the pistol to discharge a number of shots or bullets 17 rapidly or automatically with one continuous pull of the trigger. 18 37. "Convertible pistol" means any semi-automatic pistol with a cruci- 19 form trigger bar that can be readily altered by hand or with common 20 household tools so that it can be converted into a machine-gun by the 21 installation or attachment of a pistol converter. As used in this 22 subdivision, "common household tools" means screwdrivers, pipe wrenches, 23 pliers, hacksaws, crowbars, electric drills or rotary tools, hammers, 24 chisels, files, and crescent wrenches. "Convertible pistol" does not 25 include hammer-fired semi-automatic pistols or any striker-fired semi- 26 automatic pistol lacking a cruciform trigger bar, which instead has a 27 trigger bar that is shielded from interference by a pistol converter. A 28 notch or other piece of polymer molded into the rear of a pistol frame 29 does not prevent ready conversion into a machine-gun and will not 30 prevent such pistol from qualifying as a convertible pistol under this 31 subdivision. 32 38. "Three-dimensional printer" means: 33 (a) any machine capable of rendering a three-dimensional object from a 34 digital design file using additive manufacturing; or 35 (b) any machine capable of making three-dimensional modifications to 36 an object from a digital design file using subtractive manufacturing. 37 39. "Digital firearm manufacturing code" means any digital 38 instructions in the form of computer-aided design files or other code or 39 instructions stored and displayed in electronic format as a digital 40 model that may be used to program a three-dimensional printer or a 41 computer numerical control (CNC) milling machine to manufacture or 42 produce any firearm, rifle, shotgun, ghost gun, unfinished frame or 43 receiver, firearm silencer, rapid-fire modification device or major 44 component of a firearm. 45 40. "Cruciform trigger bar" means a component in a semi-automatic 46 pistol that serves as a linkage between the trigger and the firing pin 47 and has its sear incorporated in a cross-shaped surface. 48 § 2. Subdivisions 1 and 2 of section 265.10 of the penal law, as 49 amended by chapter 481 of the laws of 2024, are amended and three new 50 subdivisions 10, 11 and 12 are added to read as follows: 51 1. Any person who manufactures or causes to be manufactured any 52 machine-gun, pistol converter, ghost gun, unfinished frame or receiver, 53 firearm silencer, major component of a firearm, assault weapon, large 54 capacity ammunition feeding device or disguised gun is guilty of a class 55 D felony. Any person who manufactures or causes to be manufactured any 56 rapid-fire modification device is guilty of a class E felony. Any person 
 S. 9005 7 A. 10005 1 who manufactures or causes to be manufactured any switchblade knife, 2 pilum ballistic knife, metal knuckle knife, undetectable knife, billy, 3 blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star, 4 chuka stick, sandbag, sandclub or slungshot is guilty of a class A 5 misdemeanor. 6 2. Any person who transports or ships any machine-gun, pistol convert- 7 er, ghost gun, firearm silencer, assault weapon or large capacity ammu- 8 nition feeding device or disguised gun, or who transports or ships as 9 merchandise five or more firearms, is guilty of a class D felony. Any 10 person who transports or ships any rapid-fire modification device is 11 guilty of a class E felony. Any person who transports or ships as 12 merchandise any firearm, other than an assault weapon, switchblade 13 knife, pilum ballistic knife, undetectable knife, billy, blackjack, 14 bludgeon, plastic knuckles, metal knuckles, throwing star, chuka stick, 15 sandbag or slungshot is guilty of a class A misdemeanor. 16 10. Any person, dealer, firm, partnership, or corporation who disposes 17 of or transports or ships as merchandise a convertible pistol is guilty 18 of a class D felony. 19 11. Any person who sells, offers to sell, transfers, distributes, or 20 otherwise disposes of a digital firearm manufacturing code to any person 21 who does not hold both (a) a gunsmith license as provided in section 22 400.00 of this chapter and (b) a valid type seven federal firearms 23 license, is guilty of a class E felony. 24 12. Any person who possesses digital firearm manufacturing code with 25 the intent to (a) illegally manufacture any item described in section 26 265.00 of this article; (b) distribute to a person in the state of New 27 York for whom the sender has reason to believe would be prohibited from 28 possessing the manufactured or produced product under section 265.02 of 29 this chapter or subsection (G) of section 922 of title 18 of the United 30 States Code; or (c) distribute to a person in the state of New York who 31 does not hold both (i) a gunsmith license as provided in section 400.00 32 of this chapter and (ii) a valid type seven federal firearms license, is 33 guilty of a class E felony. 34 § 3. Section 265.20 of the penal law is amended by adding a new subdi- 35 vision f to read as follows: 36 f. Subdivision ten of section 265.10 of this article shall not apply 37 to the disposition of a convertible pistol or the transport or shipping 38 as merchandise of a convertible pistol for disposition to the following: 39 1. persons in the military service of the state of New York or the 40 United States when duly authorized by law or regulation to possess the 41 same; or 42 2. police officers as defined in subdivision thirty-four of section 43 1.20 of the criminal procedure law; or 44 3. peace officers as defined by section 2.10 of the criminal procedure 45 law when they are authorized to possess the same; or 46 4. persons engaging in the business of gunsmith or dealer in firearms 47 to whom a valid license therefor has been issued pursuant to section 48 400.00 of this chapter. 49 § 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 50 procedure law, as amended by chapter 23 of the laws of 2024, is amended 51 to read as follows: 52 (b) Any of the following felonies: assault in the second degree as 53 defined in section 120.05 of the penal law, assault in the first degree 54 as defined in section 120.10 of the penal law, reckless endangerment in 55 the first degree as defined in section 120.25 of the penal law, promot- 56 ing a suicide attempt as defined in section 120.30 of the penal law, 
 S. 9005 8 A. 10005 1 strangulation in the second degree as defined in section 121.12 of the 2 penal law, strangulation in the first degree as defined in section 3 121.13 of the penal law, criminally negligent homicide as defined in 4 section 125.10 of the penal law, manslaughter in the second degree as 5 defined in section 125.15 of the penal law, manslaughter in the first 6 degree as defined in section 125.20 of the penal law, murder in the 7 second degree as defined in section 125.25 of the penal law, murder in 8 the first degree as defined in section 125.27 of the penal law, rape in 9 the third degree as defined in section 130.25 of the penal law, rape in 10 the second degree as defined in section 130.30 of the penal law, rape in 11 the first degree as defined in section 130.35 of the penal law, a crime 12 formerly defined in section 130.40 of the penal law, a crime formerly 13 defined in section 130.45 of the penal law, a crime formerly defined in 14 section 130.50 of the penal law, sexual abuse in the first degree as 15 defined in section 130.65 of the penal law, unlawful imprisonment in the 16 first degree as defined in section 135.10 of the penal law, kidnapping 17 in the second degree as defined in section 135.20 of the penal law, 18 kidnapping in the first degree as defined in section 135.25 of the penal 19 law, labor trafficking as defined in section 135.35 of the penal law, 20 aggravated labor trafficking as defined in section 135.37 of the penal 21 law, custodial interference in the first degree as defined in section 22 135.50 of the penal law, coercion in the first degree as defined in 23 section 135.65 of the penal law, criminal trespass in the first degree 24 as defined in section 140.17 of the penal law, burglary in the third 25 degree as defined in section 140.20 of the penal law, burglary in the 26 second degree as defined in section 140.25 of the penal law, burglary in 27 the first degree as defined in section 140.30 of the penal law, criminal 28 mischief in the third degree as defined in section 145.05 of the penal 29 law, criminal mischief in the second degree as defined in section 145.10 30 of the penal law, criminal mischief in the first degree as defined in 31 section 145.12 of the penal law, criminal tampering in the first degree 32 as defined in section 145.20 of the penal law, arson in the fourth 33 degree as defined in section 150.05 of the penal law, arson in the third 34 degree as defined in section 150.10 of the penal law, arson in the 35 second degree as defined in section 150.15 of the penal law, arson in 36 the first degree as defined in section 150.20 of the penal law, grand 37 larceny in the fourth degree as defined in section 155.30 of the penal 38 law, grand larceny in the third degree as defined in section 155.35 of 39 the penal law, grand larceny in the second degree as defined in section 40 155.40 of the penal law, grand larceny in the first degree as defined in 41 section 155.42 of the penal law, health care fraud in the fourth degree 42 as defined in section 177.10 of the penal law, health care fraud in the 43 third degree as defined in section 177.15 of the penal law, health care 44 fraud in the second degree as defined in section 177.20 of the penal 45 law, health care fraud in the first degree as defined in section 177.25 46 of the penal law, robbery in the third degree as defined in section 47 160.05 of the penal law, robbery in the second degree as defined in 48 section 160.10 of the penal law, robbery in the first degree as defined 49 in section 160.15 of the penal law, unlawful use of secret scientific 50 material as defined in section 165.07 of the penal law, criminal 51 possession of stolen property in the fourth degree as defined in section 52 165.45 of the penal law, criminal possession of stolen property in the 53 third degree as defined in section 165.50 of the penal law, criminal 54 possession of stolen property in the second degree as defined by section 55 165.52 of the penal law, criminal possession of stolen property in the 56 first degree as defined by section 165.54 of the penal law, trademark 
 S. 9005 9 A. 10005 1 counterfeiting in the second degree as defined in section 165.72 of the 2 penal law, trademark counterfeiting in the first degree as defined in 3 section 165.73 of the penal law, forgery in the second degree as defined 4 in section 170.10 of the penal law, forgery in the first degree as 5 defined in section 170.15 of the penal law, criminal possession of a 6 forged instrument in the second degree as defined in section 170.25 of 7 the penal law, criminal possession of a forged instrument in the first 8 degree as defined in section 170.30 of the penal law, criminal 9 possession of forgery devices as defined in section 170.40 of the penal 10 law, falsifying business records in the first degree as defined in 11 section 175.10 of the penal law, tampering with public records in the 12 first degree as defined in section 175.25 of the penal law, offering a 13 false instrument for filing in the first degree as defined in section 14 175.35 of the penal law, issuing a false certificate as defined in 15 section 175.40 of the penal law, criminal diversion of prescription 16 medications and prescriptions in the second degree as defined in section 17 178.20 of the penal law, criminal diversion of prescription medications 18 and prescriptions in the first degree as defined in section 178.25 of 19 the penal law, residential mortgage fraud in the fourth degree as 20 defined in section 187.10 of the penal law, residential mortgage fraud 21 in the third degree as defined in section 187.15 of the penal law, resi- 22 dential mortgage fraud in the second degree as defined in section 187.20 23 of the penal law, residential mortgage fraud in the first degree as 24 defined in section 187.25 of the penal law, escape in the second degree 25 as defined in section 205.10 of the penal law, escape in the first 26 degree as defined in section 205.15 of the penal law, absconding from 27 temporary release in the first degree as defined in section 205.17 of 28 the penal law, promoting prison contraband in the first degree as 29 defined in section 205.25 of the penal law, hindering prosecution in the 30 second degree as defined in section 205.60 of the penal law, hindering 31 prosecution in the first degree as defined in section 205.65 of the 32 penal law, sex trafficking as defined in section 230.34 of the penal 33 law, sex trafficking of a child as defined in section 230.34-a of the 34 penal law, criminal possession of a weapon in the third degree as 35 defined in subdivisions two, three and five of section 265.02 of the 36 penal law, criminal possession of a weapon in the second degree as 37 defined in section 265.03 of the penal law, criminal possession of a 38 weapon in the first degree as defined in section 265.04 of the penal 39 law, manufacture, transport, disposition and defacement of weapons and 40 dangerous instruments and appliances defined as felonies in subdivisions 41 one, two, [and] three, eleven, and twelve of section 265.10 of the penal 42 law, sections 265.11, 265.12 and 265.13 of the penal law, or prohibited 43 use of weapons as defined in subdivision two of section 265.35 of the 44 penal law, relating to firearms and other dangerous weapons, criminal 45 manufacture, sale or transport of an undetectable firearm, rifle or 46 shotgun as defined in section 265.50 of the penal law, or failure to 47 disclose the origin of a recording in the first degree as defined in 48 section 275.40 of the penal law; 49 § 5. The superintendent of the division of state police is authorized 50 to promulgate rules, regulations, and policies necessary to effectuate 51 the provisions of this act. Such superintendent shall, prior to the 52 effective date of this act and annually thereafter, publish a list of 53 pistols that the superintendent has determined to be convertible 54 pistols, as defined in section 265.00 of the penal law. 55 § 6. This act shall take effect on the ninetieth day after it shall 56 have become a law. Effective immediately, the addition, amendment and/or 
 S. 9005 10 A. 10005 1 repeal of any rule or regulation necessary for the implementation of 2 this act on its effective date are authorized to be made and completed 3 on or before such effective date. 4 SUBPART B 5 Section 1. The executive law is amended by adding a new section 837-aa 6 to read as follows: 7 § 837-aa. Firearm prevention technology requirements for three-dimen- 8 sional printers. 1. As used in this section, the following terms shall 9 have the following meanings: 10 (a) "Three-dimensional printer" means: 11 (i) any machine capable of rendering a three-dimensional object from a 12 digital design file using additive manufacturing; or 13 (ii) any machine capable of making three-dimensional modifications to 14 an object from a digital design file using subtractive manufacturing. 15 (b) "Blocking technology" means hardware, software, firmware, or other 16 integrated technological measures capable of ensuring a three-dimension- 17 al printer will not proceed to print any print job unless the underlying 18 three-dimensional printing file has been evaluated by a firearms blue- 19 print detection algorithm and determined not to be a printing file that 20 would produce a firearm or illegal firearm parts. 21 (c) "Firearms blueprint detection algorithm" means a software service 22 that evaluates three-dimensional printing files, whether in the form of 23 stereolithography (STL) files or other computer aided design files or 24 geometric code, to determine if they can be used to program a three-di- 25 mensional printer to produce a firearm or illegal firearm parts, and 26 flag any such files to prevent their use to manufacture said firearm or 27 illegal firearm parts. 28 (d) "Illegal firearm parts" means an unfinished frame or receiver, a 29 major component of a firearm, or any part designed and intended for use 30 in converting a semi-automatic weapon into a machine gun, including, but 31 not limited to, a pistol converter. 32 (e) All other terms shall have the same meaning given to such terms in 33 section 265.00 of the penal law. 34 2. Within ninety days of the effective date of this section, the divi- 35 sion, the department of state, and the state university of New York 36 shall convene a working group which shall include experts in additive 37 manufacturing technology, artificial intelligence and digital security, 38 firearms regulation, public safety, consumer product safety, and any 39 other relevant disciplines determined by the division to be necessary to 40 perform the functions prescribed herein. No later than one year after 41 the working group convenes, the working group shall make recommendations 42 regarding the minimum safety standards a three-dimensional printer's 43 blocking technology must meet in order to comply with the requirements 44 of section three hundred ninety-six-eeee of the general business law. 45 Such recommendations shall address, at a minimum, available and appro- 46 priate types of blocking technology, including minimum performance stan- 47 dards for those technologies and for firearms blueprint detection algo- 48 rithms, necessary safeguards to reduce the risk of circumvention of 49 blocking technology, and alignment with existing state and federal law. 50 Provided, however, that if the working group determines that it is not 51 technologically feasible to require three-dimensional printers sold in 52 the state of New York to include blocking technology, the working group 53 shall so report, and no regulations shall be required to be promulgated 
 S. 9005 11 A. 10005 1 pursuant to this section, until such time as the working group deter- 2 mines that it is technologically feasible. 3 3. The division shall: 4 (a) within nine months of receiving the recommendations from the work- 5 ing group pursuant to subdivision two of this section, unless the work- 6 ing group reports that it is not technologically feasible to require 7 three-dimensional printers sold in New York to include blocking technol- 8 ogy, in consultation with the department of state, promulgate and 9 publish rules or regulations establishing performance standards for 10 blocking technology and any other rules and regulations as may be neces- 11 sary to carry out the provisions of this section and section three 12 hundred ninety-six-eeee of the general business law; and 13 (b) be authorized to create and maintain a library of firearms blue- 14 print files and illegal firearm parts blueprint files, and maintain and 15 update the library, including by adding new files that enable the three- 16 dimensional printing of firearms or illegal firearm parts. In further- 17 ance of this authorization, the division may designate another govern- 18 ment agency or an academic or research institution in this state to 19 assist with the creation and maintenance of the file library. The 20 library shall be made available to three-dimensional printer manufactur- 21 ers, vendors with demonstrated expertise in software development, or 22 experts in computational design or public safety, for the development or 23 improvement of blocking technology and firearm blueprint detection algo- 24 rithms. The division shall establish safeguards to prevent unauthorized 25 access to and misuse of the library and shall prohibit all persons who 26 are granted access to the library from misusing, selling, disseminating, 27 or otherwise publishing its contents. 28 § 2. The general business law is amended by adding a new section 396- 29 eeee to read as follows: 30 § 396-eeee. Three-dimensional printers. 1. No person, firm or corpo- 31 ration shall sell or deliver any three-dimensional printer in the state 32 of New York unless such printer is equipped with blocking technology, 33 and except as provided in subdivision two of this section, no such sale 34 or delivery shall be permitted unless the transferee meets in person 35 with the transferor to accomplish such sale or delivery. As used in this 36 section, the terms "three-dimensional printer" and "blocking technology" 37 shall have the same meaning as such terms are defined in subdivision one 38 of section eight hundred thirty-seven-aa of the executive law. 39 2. The provisions of subdivision one of this section regarding in 40 person sale or delivery shall not apply to purchases made by federal, 41 state, or local government agencies for the purpose of furnishing such 42 three-dimensional printers to employees in eligible professions. 43 3. Whenever the attorney general shall believe from evidence satisfac- 44 tory to them that any person, firm, corporation or association or agent 45 or employee thereof has engaged in or is about to engage in conduct 46 prohibited by this chapter they may bring an action in the name and on 47 behalf of the people of the state of New York to enjoin such unlawful 48 acts or practices and to obtain restitution of any moneys or property 49 obtained directly or indirectly by any such unlawful acts or practices. 50 In such action preliminary relief may be granted under article sixty- 51 three of the civil practice law and rules. 52 4. Any person, firm or corporation that violates the provisions of 53 this section shall be guilty of a violation punishable by a fine in an 54 amount not to exceed five thousand dollars for the first offense and in 55 an amount not to exceed ten thousand dollars for any subsequent offense. 
 S. 9005 12 A. 10005 1 5. Any person, firm, corporation or association that has been damaged 2 as a result of any person, firm or corporation whose acts or omissions 3 that violate the provisions of this section shall be entitled to bring 4 an action for recovery of damages or to enforce this article. 5 § 3. This act shall take effect immediately; provided, however, that 6 section two of this act shall take effect one year after the promulga- 7 tion of rules as provided for in subdivision 3 of section 837-aa of the 8 executive law, as added by section one of this act; provided further, 9 that the commissioner of the division of criminal justice services shall 10 notify the legislative bill drafting commission upon the promulgation of 11 such rules in order that the commission may maintain an accurate and 12 timely effective database of the official text of the laws of the state 13 of New York in furtherance of effectuating the provisions of section 44 14 of the legislative law and section 70-b of the public officers law. 15 § 2. Severability. If any clause, sentence, paragraph, section or 16 subpart of this act shall be adjudged by any court of competent juris- 17 diction to be invalid and after exhaustion of all further judicial 18 review, the judgment shall not affect, impair, or invalidate the remain- 19 der thereof, but shall be confined in its operation to the clause, 20 sentence, paragraph, section or subpart of this act directly involved in 21 the controversy in which the judgment shall have been rendered. 22 § 3. This act shall take effect immediately provided, however, that 23 the applicable effective date of Subparts A through B of this Part shall 24 be as specifically set forth in the last section of such Subparts. 25 PART D 26 Section 1. The penal law is amended by adding a new article 280 to 27 read as follows: 28 ARTICLE 280 29 OFFENSES RELATING TO UNLAWFUL USE OF A DRONE 30 Section 280.00 Definitions. 31 280.05 Unlawful use of a drone in the second degree. 32 280.10 Unlawful use of a drone in the first degree. 33 280.15 Aggravated unlawful use of a drone. 34 § 280.00 Definitions. 35 As used in this article, the following terms shall have the following 36 meanings: 37 1. "Drone" shall mean an unmanned aerial aircraft that is operated 38 without the possibility of direct human intervention from within or on 39 the aircraft. 40 2. "Drone operating system" shall mean the hardware and software that 41 manages flight control, navigation, and sensors for autonomous flight of 42 a drone. 43 3. "Nefarious manner" means engaging in conduct that violates or 44 facilitates a violation of any provision of the penal law; constitutes 45 intentional and unauthorized surveillance of a prohibited space; inter- 46 feres with emergency operations; facilitates criminal activity; or 47 creates a significant risk of physical injury to a person or damage to 48 property. 49 4. "Prohibited space" means any area within five hundred feet of: an 50 airport; state or federal military installation; state, local, or feder- 51 al correctional facility; police station; fire department station; emer- 52 gency services dispatch station; large public gathering, such as a 53 concert, festival, or sporting event; any critical infrastructure, as 54 defined in subdivision five of section eighty-six of the public officers 
 S. 9005 13 A. 10005 1 law; and any school as defined in subdivision ten of section eleven 2 hundred twenty-five of the education law. 3 § 280.05 Unlawful use of a drone in the second degree. 4 A person commits unlawful use of a drone in the second degree when 5 such person: 6 1. operates a drone in a nefarious manner; 7 2. operates a drone over prohibited space without express prior 8 approval from someone the person reasonably believes has the authority 9 to grant such approval; or 10 3. a governmental employee acting in a manner consistent with such 11 employee's governmental duties shall not be deemed to be committing 12 unlawful use of a drone. 13 Unlawful use of a drone in the second degree is a class A misdemeanor. 14 § 280.10 Unlawful use of a drone in the first degree. 15 A person commits unlawful use of a drone in the first degree when such 16 person: 17 1. commits the crime of unlawful use of a drone in the second degree 18 after having been previously convicted of that crime; or 19 2. commits the crime of unlawful use of a drone in the second degree 20 in furtherance of another crime. 21 Unlawful use of a drone in the first degree is a class E felony. 22 § 280.15 Aggravated unlawful use of a drone. 23 A person commits aggravated unlawful use of a drone when such person 24 commits the crime of unlawful use of a drone in the first degree after 25 having been previously convicted of such crime. 26 Aggravated unlawful use of a drone is a class D felony. 27 § 2. The executive law is amended by adding a new section 236 to read 28 as follows: 29 § 236. Drones. 1. The terms used in this section shall have the same 30 meaning as given in section 280.00 of the penal law. 31 2. A police officer as defined by subdivision thirty-four of section 32 1.20 of the criminal procedure law, or a peace officer as defined by 33 section 2.10 of the criminal procedure law, acting within such peace 34 officer's geographical jurisdiction, may take reasonable and necessary 35 mitigation measures against a credible threat that a drone poses to the 36 safety or security of people and/or prohibited spaces. Such measures 37 may include but not be limited to any of the following: 38 (a) The use of detection, tracking, and identification methods of a 39 drone and/or drone operating system. 40 (b) The interception or disabling of a drone and/or drone operating 41 system through legal and safe methods, including but not limited to both 42 kinetic and non-kinetic mitigation measures. 43 (c) A law enforcement officer or agency may only use kinetic measures 44 when non-kinetic measures have or would reasonably be expected to fail. 45 3. (a) A qualifying police officer or peace officer shall act pursuant 46 to subdivision two of this section only if: (i) the officer has 47 completed the training required by the superintendent or the superinten- 48 dent's designee; and (ii) there is reasonable suspicion that the drone 49 is operating in a nefarious manner, within prohibited space, or is about 50 to operate in a nefarious manner and/or within a prohibited space. 51 (b) Within forty-eight hours of utilizing any mitigation measures 52 authorized by this section, the agency employing the officer who 53 utilized such measures shall report such utilization to the superinten- 54 dent or the superintendent's designee, in the form and manner 55 prescribed by the superintendent, in addition to any reporting required 56 by federal law. 
 S. 9005 14 A. 10005 1 4. The superintendent may designate one or more areas of the state as 2 a space to test kinetic and non-kinetic mitigation measures. 3 5. The superintendent shall establish a registry known as "the New 4 York state blue list." Such registry shall include vetted and approved 5 vendors that comply with applicable federal requirements. Upon publica- 6 tion of the registry, the state, its agencies, and any political subdi- 7 visions of the state may only buy or lease drones and drone mitigation 8 technology from vendors listed on such registry. 9 § 3. Severability. If any clause, sentence, paragraph, section, or 10 part of this act shall be adjudged by any court of competent jurisdic- 11 tion to be invalid, such judgment shall not affect, impair or invalidate 12 the remainder thereof, but shall be confined in its operation to the 13 clause, sentence, paragraph, section, or part thereof directly involved 14 in the controversy in which such judgment shall have been rendered. 15 § 4. This act shall take effect on the ninetieth day after it shall 16 have become a law. 17 PART E 18 Section 1. Subdivision 2 of section 2805-i of the public health law, 19 as amended by section 1 of part II of chapter 56 of the laws of 2021, 20 paragraph (j) as amended by chapter 646 of the laws of 2025, is amended 21 to read as follows: 22 2. Sexual offense evidence shall be collected and maintained as 23 follows: 24 (a) All sexual offense evidence shall be kept in a locked, separate 25 and secure area for twenty years from the date of collection or until 26 the victim's fortieth birthday, whichever is later; provided that such 27 evidence shall be transferred to a new location(s) pursuant to this 28 subdivision. 29 (b) Sexual offense evidence shall include, but not be limited to, 30 slides, cotton swabs, clothing and other items. Where appropriate, such 31 items shall be refrigerated and the clothes and swabs shall be dried, 32 stored in paper bags, and labeled. Each item of evidence shall be marked 33 and logged with a code number corresponding to the alleged sexual 34 offense victim's medical record. 35 (c) Upon collection, the hospital shall notify the alleged sexual 36 offense victim that, after twenty years or until the victim's fortieth 37 birthday, whichever is later, the sexual offense evidence will be 38 discarded in compliance with state and local health codes and that the 39 alleged sexual offense victim's clothes or personal effects will be 40 returned to the alleged sexual offense victim at any time upon request. 41 The alleged sexual offense victim shall be given the option of providing 42 contact information for purposes of receiving notice of the planned 43 destruction of such evidence after the expiration of the twenty-year 44 period or until the victim's fortieth birthday, whichever is later. 45 (d) Until September thirtieth, two thousand twenty-two, or earlier if 46 determined feasible by the director of budget, hospitals shall be 47 responsible for securing long-term sexual offense evidence pursuant to 48 this section, after which such storage shall be the responsibility of 49 the office of victim services. Hospitals may enter into contracts with 50 other entities that will ensure appropriate and secure long-term storage 51 of sexual offense evidence pursuant to this section until September 52 thirtieth, two thousand twenty-two. 53 (e) Beginning April first, two thousand eighteen, the department, the 54 office of victim services, the division of criminal justice services and 
 S. 9005 15 A. 10005 1 the division of state police shall jointly study, evaluate and make 2 recommendations concerning the storage and monitoring of sexual offense 3 evidence for twenty years, including studying options for the use of: 4 state-owned or operated facilities; facilities owned or operated by 5 local government or law enforcement agencies; and facilities owned or 6 operated by private entities. 7 (f) Between thirty and ten days prior to the transfer of sexual 8 offense evidence to the office of victim services, hospitals shall make 9 diligent efforts to notify the alleged sexual offense victim of the 10 transfer of custody for the remainder of the twenty-year storage period 11 or until the victim's fortieth birthday, whichever is later. 12 (g) On September thirtieth, two thousand twenty-two, or earlier if 13 determined feasible by the director of budget, responsibility for long- 14 term storage of sexual offense evidence shall transfer to the office of 15 victim services. 16 (h) After September thirtieth, two thousand twenty-two, or earlier if 17 determined feasible by the director of budget, hospitals shall ensure 18 transfer of sexual offense evidence collected pursuant to this section 19 to the office of victim services within ten days of collection of such 20 evidence, while maintaining chain of custody. 21 (i) At least ninety days prior to the expiration of the twenty-year 22 storage period for any sexual offense evidence or until the victim's 23 fortieth birthday, whichever is later, the office of victim services 24 shall make diligent efforts to contact the alleged sexual offense victim 25 to notify the alleged sexual offense victim that the sexual offense 26 evidence will be discarded in compliance with state and local health 27 codes and that the alleged sexual offense victim's clothes and personal 28 effects will be returned to the alleged sexual offense victim upon 29 request. 30 (j) (1) Notwithstanding any other provision in this section, sexual 31 offense evidence shall not continue to be stored where: 32 (i) such evidence is not privileged and law enforcement requests its 33 release, in which case the custodian or custodians shall comply with 34 such request; or 35 (ii) such evidence is privileged and either (A) the alleged sexual 36 offense victim gives permission to release the evidence to law enforce- 37 ment, upon which law enforcement must retrieve the evidence within seven 38 days of such permission and report such evidence in the statewide elec- 39 tronic tracking system pursuant to subdivision eight of this section, or 40 (B) the alleged sexual offense victim signs a statement directing the 41 custodian or custodians to dispose of the evidence, in which case the 42 sexual offense evidence will be discarded in compliance with state and 43 local health codes. Where the alleged sexual offense victim is under 44 the age of eighteen, a vulnerable elderly person, or an incompetent or 45 physically disabled person as defined in section 260.31 of the penal 46 law, the office of victim services shall not destroy sexual offense 47 evidence at the direction of a parent, guardian, conservator, or other 48 party. 49 (2) Where the alleged sexual offense victim is under the age of eigh- 50 teen and had capacity to independently consent to a forensic rape exam, 51 such victim may independently request the destruction of sexual offense 52 evidence or may independently make decisions impacting the status of 53 their kit as "reported" or "unreported" as defined in subparagraphs 54 three and four of paragraph (g) of subdivision eight of this section. 55 (k) Where the alleged sexual offense victim was under the age of eigh- 56 teen at the time of the alleged sexual offense, the office of victim 
 S. 9005 16 A. 10005 1 services shall, upon the victim's eighteenth birthday, make diligent 2 efforts to contact the alleged sexual offense victim and provide infor- 3 mation described in section six hundred forty-one of the executive law 4 and subparagraphs one, five, six, seven and eight of paragraph (a) of 5 subdivision six of this section. 6 § 2. Subparagraph 6 of paragraph (a) of subdivision 6 of section 7 2805-i of the public health law, as added by chapter 407 of the laws of 8 2018, is amended to read as follows: 9 (6) be notified between thirty and ten days prior to the transfer of a 10 sexual offense evidence kit from the hospital to another storage facili- 11 ty in accordance with paragraph (h) of subdivision two of this section, 12 the right to have a sexual offense evidence kit maintained at an appro- 13 priate storage facility for twenty years from the date of collection or 14 until the victim's fortieth birthday, whichever is later, the right, if 15 not previously consented to, to consent to release the evidence to law 16 enforcement at any time during the twenty years from collection, and the 17 right to be notified by such facility at least ninety days prior to the 18 expiration of the twenty-year storage period in accordance with para- 19 graph (k) of subdivision two of this section; and 20 § 3. Subdivision 7 of section 2805-i of the public health law, as 21 added by chapter 1 of the laws of 2000 and as renumbered by chapter 407 22 of the laws of 2018, is amended to read as follows: 23 7. [On or before November thirtieth, two thousand two, the commission- 24 er shall make a report to the governor, the temporary president of the 25 senate and the speaker of the assembly concerning the sexual assault 26 forensic examiner program established under subdivision four-b of this 27 section. Such report shall include an evaluation of the efficacy of such 28 program in obtaining useful forensic evidence in sexual offense cases 29 and assuring quality treatment to sex offense victims. Such report shall 30 also recommend whether this program should be expanded and shall esti- 31 mate the financial cost, if any, of such expansion.] (a) The division of 32 criminal justice services and the office of victim services, in consul- 33 tation with the division of state police forensic investigations center 34 and the department, shall convene a working group to: 35 (1) address the creation of a coordinated tracking system for sexual 36 offense evidence kits; 37 (2) assess and make recommendations related to the forensic testing of 38 sexual offense evidence collection kits when a survivor declines to 39 report to law enforcement; and 40 (3) make recommendations to strengthen existing sexual offense 41 evidence collection and testing for all sexual offense evidence kits. 42 (b) The working group shall report its findings and recommendations to 43 the governor, the temporary president of the senate, and the speaker of 44 the assembly on or before November thirtieth, two thousand twenty-six. 45 § 4. Subdivision 8 of section 2805-i of the public health law, as 46 amended by chapter 646 of the laws of 2025, is amended to read as 47 follows: 48 8. (a) The division of criminal justice services in consultation with 49 the department, the office of victim services, the division of state 50 police, and the New York State Coalition Against Sexual Assault shall 51 develop a statewide electronic tracking system for reported evidence 52 collection kits used to collect and preserve evidence of a sexual 53 assault or other sex offense. [Such statewide electronic tracking system 54 shall not include unreported evidence collection kits, provided, howev- 55 er, that any unreported evidence collection kits released by the office 56 of victim services to law enforcement pursuant to clause (A) of subpara- 
 S. 9005 17 A. 10005 1 graph (ii) of paragraph j of subdivision two of this section shall be 2 designated as reported evidence collection kits subject to the tracking 3 requirements set forth in this subdivision.] 4 (b) The division of criminal justice services shall promulgate rules 5 and guidelines to ensure that sexual assault evidence collection kits 6 are trackable on a statewide electronic tracking system developed pursu- 7 ant to this subdivision, and that survivors are given notice of how they 8 may track their own reported evidence collection kit. Such rules and 9 guidelines shall require that (i) hospitals collecting evidence 10 collection kits record the collection of any reported evidence 11 collection kits in the electronic tracking system and notify the appro- 12 priate law enforcement agency within forty-eight hours of such 13 collection, and (ii) law enforcement retrieve any reported evidence 14 collection kit from a hospital within seven days of being notified by a 15 hospital that a reported evidence collection kit has been collected. Any 16 hospital, law enforcement agency, forensic laboratory, or prosecutor 17 that has taken custody of an evidence collection kit used for a forensic 18 medical examination shall comply with the established protocols, rules 19 and guidelines established by the division of criminal justice services 20 pursuant to this paragraph. 21 (c) The statewide electronic tracking system shall: 22 (1) Track the location and status of each reported evidence collection 23 kit from collection to final disposition; 24 (2) Allow a hospital, law enforcement agency, accredited crime labora- 25 tory, prosecutor, employees of the long-term sexual offense evidence 26 storage facility, or any other entity providing a chain of custody for a 27 reported evidence collection kit, to update and track the status and 28 location of the reported evidence collection kits; [and] 29 (3) Allow a survivor to anonymously track or receive updates regarding 30 the status and location of such survivor's reported evidence collection 31 kit[.]; and 32 (4) Incorporate any relevant findings from the working group refer- 33 enced in subdivision seven of this section. 34 (d) No later than [January] December first, two thousand [twenty-five] 35 twenty-seven, any hospital, law enforcement agency, accredited crime 36 laboratory, prosecutor, employee of the long-term sexual offense 37 evidence storage facility, or any other entity providing a chain of 38 custody for a reported evidence collection kit to update and track the 39 status and location of such kit, shall participate in the tracking 40 system and comply with all established protocols, rules and guidelines. 41 A participating entity shall be permitted to access the entity's track- 42 ing information through the statewide electronic tracking system. 43 (e) Records entered into the tracking system are confidential. Records 44 relating to a reported evidence collection kit shall be accessed only by 45 the survivor for whom the reported evidence collection kit was 46 completed. 47 (f) The provisions of this subdivision shall apply to all reported 48 evidence collection kits submitted prior to, on, or after the effective 49 date of this subdivision. 50 (g) For purposes of this section: 51 (1) "evidence collection kit" shall mean a human biological specimen 52 or specimens collected by a healthcare provider during a forensic 53 medical examination from the victim of a sexual assault or other sex 54 offense; 55 (2) "survivor" shall mean an individual who is the victim of a sexual 56 offense from whom a human biological specimen or specimens were 
 S. 9005 18 A. 10005 1 collected by a healthcare provider during a forensic medical examina- 2 tion; 3 (3) "reported evidence collection kit" means a sexual assault evidence 4 kit in which the survivor has consented to evidence collection and 5 [reporting the sexual assault or other sex offense to law enforcement] 6 forensic testing; and 7 (4) "unreported evidence collection kit" means [evidence collection 8 kits controlled by the office of victims services pursuant to paragraph 9 (d) of subdivision two of this section] a sexual offense evidence 10 collection kit for which the survivor has not consented or has withdrawn 11 consent to either forensic testing or reporting to law enforcement. 12 § 5. This act shall take effect immediately; provided, however, that 13 sections one and two of this act shall take effect on the five hundred 14 forty-fifth day after it shall have become a law. 15 PART F 16 Section 1. Section 176.05 of the penal law, as amended by chapter 211 17 of the laws of 2011 and the closing paragraph as further amended by 18 section 104 of part A of chapter 62 of the laws of 2011, is amended to 19 read as follows: 20 § 176.05 Insurance fraud; defined. 21 1. A fraudulent insurance act is committed by any person who, knowing- 22 ly and with intent to defraud presents, causes to be presented, or 23 prepares with knowledge or belief that it will be presented to or by an 24 insurer, self insurer, or purported insurer, or purported self insurer, 25 or any agent thereof: 26 [1.] (a) any written statement as part of, or in support of, an appli- 27 cation for the issuance of, or the rating of a commercial insurance 28 policy, or certificate or evidence of self insurance for commercial 29 insurance or commercial self insurance, or a claim for payment or other 30 benefit pursuant to an insurance policy or self insurance program for 31 commercial or personal insurance that [he or she] such person knows to: 32 [(a)] (i) contain materially false information concerning any fact 33 material thereto; or 34 [(b)] (ii) conceal, for the purpose of misleading, information 35 concerning any fact material thereto; or 36 [2.] (b) any written statement or other physical evidence as part of, 37 or in support of, an application for the issuance of a health insurance 38 policy, or a policy or contract or other authorization that provides or 39 allows coverage for, membership or enrollment in, or other services of a 40 public or private health plan, or a claim for payment, services or other 41 benefit pursuant to such policy, contract or plan that [he or she] such 42 person knows to: 43 [(a)] (i) contain materially false information concerning any material 44 fact thereto; or 45 [(b)] (ii) conceal, for the purpose of misleading, information 46 concerning any fact material thereto. 47 Such policy or contract or plan or authorization shall include, but 48 not be limited to, those issued or operating pursuant to any public or 49 governmentally-sponsored or supported plan for health care coverage or 50 services or those otherwise issued or operated by entities authorized 51 pursuant to the public health law. For purposes of this subdivision an 52 "application for the issuance of a health insurance policy" shall not 53 include (i) any application for a health insurance policy or contract 54 approved by the superintendent of financial services pursuant to the 
 S. 9005 19 A. 10005 1 provisions of sections three thousand two hundred sixteen, four thousand 2 three hundred four, four thousand three hundred twenty-one or four thou- 3 sand three hundred twenty-two of the insurance law or any other applica- 4 tion for a health insurance policy or contract approved by the super- 5 intendent of financial services in the individual or direct payment 6 market; or (ii) any application for a certificate evidencing coverage 7 under a self-insured plan or under a group contract approved by the 8 superintendent of financial services. 9 2. A person who hires, requests, encourages, orchestrates, or invites 10 another individual to stage a motor vehicle accident, as that term is 11 defined in section 176.75 of this article, commits a fraudulent insur- 12 ance act, and the person who hired, requested, encouraged, orchestrated, 13 or invited the other to stage a motor vehicle accident shall be deemed 14 to have wrongfully taken, obtained, or withheld the full amount of loss 15 to the victim or victims of the fraudulent insurance act. 16 § 2. Section 176.15 of the penal law, as amended by chapter 515 of the 17 laws of 1986, is amended to read as follows: 18 § 176.15 Insurance fraud in the fourth degree. 19 A person is guilty of insurance fraud in the fourth degree when [he] 20 such person commits a fraudulent insurance act and thereby wrongfully 21 takes, obtains or withholds, or attempts to wrongfully take, obtain or 22 withhold property [with a value in excess of one thousand dollars]. 23 Insurance fraud in the fourth degree is a class E felony. 24 § 3. Section 176.20 of the penal law, as amended by chapter 515 of the 25 laws of 1986, is amended to read as follows: 26 § 176.20 Insurance fraud in the third degree. 27 A person is guilty of insurance fraud in the third degree when [he] 28 such person commits [a] one or more fraudulent insurance [act] acts and 29 thereby wrongfully takes, obtains or withholds, or attempts to wrongful- 30 ly take, obtain or withhold property from a single insurer with a value 31 in excess of [three] one thousand dollars. 32 Insurance fraud in the third degree is a class D felony. 33 § 4. Section 176.25 of the penal law, as added by chapter 515 of the 34 laws of 1986, is amended to read as follows: 35 § 176.25 Insurance fraud in the second degree. 36 A person is guilty of insurance fraud in the second degree when [he] 37 such person commits [a] one or more fraudulent insurance [act] acts and 38 thereby wrongfully takes, obtains or withholds, or attempts to wrongful- 39 ly take, obtain or withhold property from a single insurer with a value 40 in excess of [fifty] three thousand dollars. 41 Insurance fraud in the second degree is a class C felony. 42 § 5. Section 176.30 of the penal law, as added by chapter 515 of the 43 laws of 1986, is amended to read as follows: 44 § 176.30 Insurance fraud in the first degree. 45 A person is guilty of insurance fraud in the first degree when [he] 46 such person commits [a] one or more fraudulent insurance [act] acts and 47 thereby wrongfully takes, obtains or withholds, or attempts to wrongful- 48 ly take, obtain or withhold property from a single insurer with a value 49 in excess of [one million] fifty thousand dollars. 50 Insurance fraud in the first degree is a class B felony. 51 § 6. Section 177.10 of the penal law, as added by chapter 442 of the 52 laws of 2006, is amended to read as follows: 53 § 177.10 Health care fraud in the fourth degree. 54 A person is guilty of health care fraud in the fourth degree when such 55 person, on one or more occasions, commits the crime of health care fraud 56 in the fifth degree and the payment or portion of the payment wrongfully 
 S. 9005 20 A. 10005 1 received, as the case may be, from a single health plan, [in a period of 2 not more than one year,] exceeds [three] one thousand dollars in the 3 aggregate. 4 Health care fraud in the fourth degree is a class E felony. 5 § 7. Section 177.15 of the penal law, as added by chapter 442 of the 6 laws of 2006, is amended to read as follows: 7 § 177.15 Health care fraud in the third degree. 8 A person is guilty of health care fraud in the third degree when such 9 person, on one or more occasions, commits the crime of health care fraud 10 in the fifth degree and the payment or portion of the payment wrongfully 11 received, as the case may be, from a single health plan, [in a period of 12 not more than one year,] exceeds [ten] three thousand dollars in the 13 aggregate. 14 Health care fraud in the third degree is a class D felony. 15 § 8. Section 177.20 of the penal law, as added by chapter 442 of the 16 laws of 2006, is amended to read as follows: 17 § 177.20 Health care fraud in the second degree. 18 A person is guilty of health care fraud in the second degree when such 19 person, on one or more occasions, commits the crime of health care fraud 20 in the fifth degree and the payment or portion of the payment wrongfully 21 received, as the case may be, from a single health plan, [in a period of 22 not more than one year,] exceeds fifty thousand dollars in the aggre- 23 gate. 24 Health care fraud in the second degree is a class C felony. 25 § 9. Section 177.25 of the penal law, as added by chapter 442 of the 26 laws of 2006, is amended to read as follows: 27 § 177.25 Health care fraud in the first degree. 28 A person is guilty of health care fraud in the first degree when such 29 person, on one or more occasions, commits the crime of health care fraud 30 in the fifth degree and the payment or portion of the payment wrongfully 31 received, as the case may be, from a single health plan, [in a period of 32 not more than one year,] exceeds one [million] hundred thousand dollars 33 in the aggregate. 34 Health care fraud in the first degree is a class B felony. 35 § 10. This act shall take effect immediately. 36 PART G 37 Section 1. Section 846-l of the executive law, as added by chapter 170 38 of the laws of 1994, subdivision 2 as amended by section 3, paragraph 39 (e) of subdivision 3 as amended by section 4, paragraph (h) of subdivi- 40 sion 3 as amended by section 5 of part T of chapter 57 of the laws of 41 2000, and paragraphs (e) and (g) of subdivision 3 as further amended by 42 section 104 of part A of chapter 62 of the laws of 2011, is amended to 43 read as follows: 44 § 846-l. New York motor vehicle theft and insurance fraud prevention 45 board. 1. There is hereby created in the division of criminal justice 46 services the New York motor vehicle theft and insurance fraud prevention 47 board (hereinafter "board"), which shall consist of the following 48 members: 49 (a) The commissioner of criminal justice services (hereinafter 50 "commissioner"), or [his] their designee, who shall serve as the voting 51 chairperson of the board; 52 (b) The commissioner of the department of motor vehicles, or their 53 designee; 54 (c) The chief judge of the court of appeals, or their designee; 
 S. 9005 21 A. 10005 1 (d) The superintendent of the state police, or their designee; 2 (e) Three [voting] members appointed by the governor on the recommen- 3 dation of the speaker of the assembly provided, however, that no more 4 than two such appointments made pursuant to this paragraph shall be from 5 the same category of members as provided for in subdivision two of this 6 section. 7 [(c)] (f) Three [voting] members appointed by the governor on the 8 recommendation of the temporary president of the senate provided, howev- 9 er, that no more than two such appointments made pursuant to this para- 10 graph shall be from the same category of members as provided for in 11 subdivision two of this section; and 12 [(d)] (g) Five [voting] members appointed by the governor provided, 13 however, that no more than two such appointments made pursuant to this 14 paragraph shall be from the same category of members as provided for in 15 subdivision two of this section. 16 2. The members of the board appointed on the recommendation of the 17 speaker of the assembly and the temporary president of the senate, and 18 the members of the board appointed by the governor pursuant to paragraph 19 [(d)] (g) of subdivision one of this section, shall be representative of 20 consumers of motor vehicle insurance, motor vehicle insurance companies, 21 law enforcement agencies and the judicial system. The appointments shall 22 be made not later than one hundred eighty days after the date on which 23 this section shall have become law. [Members of the board who are not 24 public officials shall serve for a term of four years.] Members of the 25 board shall serve without compensation, except that members of the board 26 who are not public officials shall be entitled to receive reasonable 27 reimbursement for expenses incurred by them in performance of their 28 duties as members of the board. [A majority of the members of the board 29 shall constitute a quorum for the transaction of business at a meeting. 30 Action may be taken by the board at a meeting upon a vote of the majori- 31 ty of its members present. Every member of the board shall be entitled 32 to designate a representative to attend, in his or her place, a meeting 33 of the board and to vote or otherwise act in his or her behalf, 34 provided, however, that a member may not designate such a representative 35 more than once each year. Written notice of such designation shall be 36 furnished to the board by the designating member prior to any meeting 37 attended by his or her representative. Any such representative shall 38 serve at the pleasure of the designating member. No such representative 39 shall be authorized to delegate any of his or her duties or functions to 40 any other person.] The board shall meet at [least four times each year, 41 and at other times at] the call of the chairperson [or upon the written 42 request of two-thirds of the members of the board] and may establish its 43 own rules and procedures concerning the conduct of its meetings and 44 other affairs not inconsistent with law. 45 3. The board shall make recommendations for improving the quality and 46 effectiveness of the program. 47 4. The commissioner or their designee shall[, pursuant to the recom- 48 mendation of the board,] have the power and duty to: 49 (a) Make, execute, and deliver contracts, conveyances, and other 50 instruments necessary to effect the purposes and objectives of the 51 program; 52 (b) Accept any grant, including federal grants, or any other contrib- 53 utions for the purposes of the program. Any moneys so received shall be 54 expended by the commissioner for the program's purposes, pursuant to 55 appropriation and subject to the applicable provisions of the state 56 finance law; 
 S. 9005 22 A. 10005 1 (c) Make grants pursuant to a request for proposals process; 2 (d) Appoint such employees and agents as the commissioner may deem 3 necessary, fix their compensation within the limitations provided by 4 law, and prescribe their duties; 5 (e) Request from the division of state police, from county or munici- 6 pal police departments and agencies, from the department of financial 7 services, from the department of motor vehicles, from the office of 8 court administration, from any other state department or agency or 9 public authority, or from any insurer which offers motor vehicle insur- 10 ance such assistance and data as are useful for the purposes and objec- 11 tives of the program; 12 (f) Cooperate with and assist political subdivisions of the state in 13 the development of local programs to prevent motor vehicle theft and 14 insurance fraud; 15 (g) Advise and assist the superintendent of financial services pursu- 16 ant to section two thousand three hundred forty-eight of the insurance 17 law; and 18 (h) Submit, no later than [February] September fifteenth of each year 19 to the governor and the chairperson of the senate finance committee and 20 the chairperson of the assembly ways and means committee, a [written] 21 report on the board's activities, the activities of grant recipients, 22 the results achieved by the grant recipients in improving the detection, 23 prevention or reduction of motor vehicle theft and insurance fraud and 24 the impact such efforts may have on motor vehicle insurance rates. 25 (i) Nothing shall prohibit the commissioner from exercising any powers 26 provided in this article should the board fail to make any recommenda- 27 tions. 28 § 2. Subdivision 1 of section 846-m of the executive law, as amended 29 by section 6 of part T of chapter 57 of the laws of 2000, is amended to 30 read as follows: 31 1. In accordance with the legislative intent of this article, the 32 [board shall develop and recommend to the] commissioner shall develop a 33 plan of operation which shall provide for a coordinated approach to 34 curtailing motor vehicle theft and motor vehicle insurance fraud 35 throughout the state. The plan shall provide an integrated means to 36 detect, prevent, deter and reduce motor vehicle theft and motor vehicle 37 insurance fraud by providing funds, [upon the recommendation of the 38 board and] approved by the commissioner, to meet these objectives. The 39 plan of operation [shall] may include but not be limited to: an assess- 40 ment of the scope of the problem of motor vehicle theft and motor vehi- 41 cle insurance fraud, including a regional analysis of the incidence of 42 motor vehicle theft and motor vehicle insurance fraud and related activ- 43 ities; an analysis of various methods of combating the problem; and the 44 development of a request for proposals process, consistent with the 45 plan, for applications from provider agencies to receive grants from the 46 fund. 47 § 3. Paragraphs (c) and (d) of subdivision 2 of section 846-m of the 48 executive law, paragraph (c) as amended by section 6 of part T of chap- 49 ter 57 of the laws of 2000 and paragraph (d) as amended by section 9 of 50 part T of chapter 56 of the laws of 2009, are amended to read as 51 follows: 52 (c) In allocating the moneys for the program, the commissioner[, upon 53 recommendation of the board,] shall, to the greatest extent possible, 54 take into account the geographic incidence of motor vehicle theft and 55 insurance fraud, whereby localities with the greatest incidence of motor 
 S. 9005 23 A. 10005 1 vehicle theft and insurance fraud shall be targeted for the purposes of 2 this program. 3 (d) The state comptroller [shall] may conduct an audit of all moneys 4 received and expended by the fund as well as all other funds expended 5 from any other source for the purposes of this program, and shall submit 6 a written report detailing such audit to the governor and legislature on 7 or before [March] September first of each year. 8 § 4. Subdivision 4 of section 89-d of the state finance law, as 9 amended by chapter 170 of the laws of 1994, is amended to read as 10 follows: 11 4. The moneys received by such fund shall be expended pursuant to 12 appropriation only to fund provider agencies which have been awarded 13 grants by the [motor vehicle theft and insurance fraud prevention board 14 established] commissioner of the division of criminal justice services 15 pursuant to section eight hundred forty-six-l of the executive law. All 16 moneys expended pursuant to this subdivision shall be for the reimburse- 17 ment of costs incurred by provider agencies. 18 § 5. This act shall take effect immediately. 19 PART H 20 Section 1. Subdivision 4 of section 530.12 of the criminal procedure 21 law, as amended by chapter 589 of the laws of 1997, is amended to read 22 as follows: 23 4. The court may issue or extend a temporary order of protection ex 24 parte or on notice simultaneously with the issuance of a warrant for the 25 arrest of defendant. Such temporary order of protection [may] shall 26 continue in effect until the day the defendant subsequently appears in 27 court pursuant to such warrant or voluntarily or otherwise, and the 28 court shall so inform the defendant when issuing the order of 29 protection. 30 § 2. Subdivision 3 of section 530.13 of the criminal procedure law, as 31 amended by chapter 589 of the laws of 1997, is amended to read as 32 follows: 33 3. The court may issue or extend a temporary order of protection under 34 this section ex parte simultaneously with the issuance of a warrant for 35 the arrest of the defendant. Such temporary order of protection [may] 36 shall continue in effect until the day the defendant subsequently 37 appears in court pursuant to such warrant or voluntarily or otherwise, 38 and the court shall so inform the defendant when issuing the order of 39 protection. 40 § 3. Subdivision 3 of section 828 of the family court act, as amended 41 by chapter 530 of the laws of 1980, is amended to read as follows: 42 3. The court may issue or extend a temporary order of protection ex 43 parte or on notice simultaneously with the issuance of a warrant, 44 directing that the respondent be arrested and brought before the court, 45 pursuant to section eight hundred twenty-seven of this article. When 46 the respondent first appears in court, the court shall inform the 47 respondent that such temporary order of protection shall continue in 48 effect until the respondent subsequently appears in court. 49 § 4. This act shall take effect on the ninetieth day after it shall 50 have become a law. 51 PART I 
 S. 9005 24 A. 10005 1 Section 1. Paragraph (a) of subdivision 8 of section 190.30 of the 2 criminal procedure law, as added by chapter 279 of the laws of 2008, is 3 amended to read as follows: 4 (a) A business record as defined in rule forty-five hundred eighteen 5 of the civil practice law and rules generated by a business entity may 6 be received in such grand jury proceedings as evidence [of the following 7 facts and similar facts stated therein: 8 (i) a person's use of, subscription to and charges and payments for 9 communication equipment and services including but not limited to equip- 10 ment or services provided by telephone companies and internet service 11 providers, but not including recorded conversations or images communi- 12 cated thereby; and 13 (ii) financial transactions, and a person's ownership or possessory 14 interest in any account, at a bank, insurance company, brokerage, 15 exchange or banking organization as defined in section two of the bank- 16 ing law]. 17 § 2. Paragraph (c) of subdivision 8 of section 190.30 of the criminal 18 procedure law, as added by chapter 279 of the laws of 2008, is amended 19 to read as follows: 20 (c) Any business record offered to a grand jury pursuant to paragraph 21 (a) of this subdivision that includes material [beyond that described in 22 such paragraph (a)] outside the scope of the business record as regular- 23 ly generated shall be redacted to exclude such additional material, or 24 received subject to a limiting instruction that the grand jury shall not 25 consider such additional material in support of any criminal charge. 26 § 3. Subparagraph (ii) of paragraph (b) of subdivision 1 of section 27 190.32 of the criminal procedure law, as amended by chapter 320 of the 28 laws of 2006, is amended and a new subparagraph (iii) is added to read 29 as follows: 30 (ii) More than twelve years old and who is likely to suffer very 31 severe emotional or mental stress if required to testify in person 32 concerning any crime defined in article one hundred thirty or two 33 hundred sixty or section 255.25, 255.26 or 255.27 of the penal law to 34 which the person was a witness or of which the person was a victim[.]; 35 or 36 (iii) A witness, other than any witness who has waived immunity pursu- 37 ant to section 190.40 of this article, including a defendant, located 38 more than one hundred miles from the grand jury proceeding. 39 § 4. Subdivision 5 of section 190.32 of the criminal procedure law is 40 amended by adding a new paragraph (h) to read as follows: 41 (h) When a witness is designated a special witness pursuant to subpar- 42 agraph (iii) of paragraph (b) of subdivision one of this section, the 43 testimony of that witness shall be taken using remote videoconferencing 44 technology with the prosecutor conducting the questioning in the pres- 45 ence of the grand jury. The witness must swear or affirm (i) the witness 46 is not using notes or other material and (ii) that no other persons are 47 present except the witness. If a translator is necessary, the transla- 48 tor shall translate from the grand jury room as if the witness was phys- 49 ically present. The technology used pursuant to this section shall seek 50 to ensure that the communication be reasonably secure from interception 51 or eavesdropping by anyone other than the persons communicating, and 52 must ensure that the witness may be clearly heard, seen, and examined, 53 and that the witness can, at a minimum, clearly hear the prosecutor. 54 § 5. This act shall take effect immediately. 55 PART J 
 S. 9005 25 A. 10005 1 Section 1. Subdivision 1 of section 29-b of the executive law, as 2 amended by section 7 of part B of chapter 56 of the laws of 2010, is 3 amended to read as follows: 4 1. State use of disaster emergency response personnel and non-state 5 resource providers. a. The governor may, in [his or her] their 6 discretion, direct the state disaster preparedness commission to conduct 7 an emergency exercise or drill, under its direction, in which all or any 8 of the personnel and resources of the agencies of the commission of the 9 state may be utilized to perform the duties assigned to them in a disas- 10 ter, for the purpose of protecting and preserving human life or property 11 in a disaster. During a disaster or such drill or exercise, disaster 12 emergency response personnel in the state shall operate under the direc- 13 tion and command of the chair of such commission, and shall possess the 14 same powers, duties, rights, privileges and immunities as are applicable 15 in a civil defense drill held at the direction of the state civil 16 defense commission under the provisions of the New York state defense 17 emergency act. 18 b. The governor may deploy non-state resource providers to another 19 compact member jurisdiction under any compact in this article. When 20 authorized to provide assistance and deployed by the legally designated 21 state official or officials, non-state resource providers shall be 22 deemed agents of the state for purposes of the deployment and shall be 23 entitled to the rights and benefits provided to state resource providers 24 by the compact, subject to any terms and conditions of the requesting 25 state. Non-state resource providers shall not offer assistance to, or 26 request assistance from, another compact member jurisdiction. The divi- 27 sion of homeland security and emergency services shall serve as the 28 coordinator for offers and requests for assistance and facilitator of 29 the reimbursement of non-state resource providers by the requesting 30 state. The division of homeland security and emergency services shall 31 not be responsible for reimbursement until the division receives payment 32 from the requesting compact member jurisdiction. 33 § 2. The executive law is amended by adding a new section 29-k to read 34 as follows: 35 § 29-k. Northern emergency management assistance compact. Notwith- 36 standing any other law, the state, through the governor, may enter the 37 northern emergency management assistance compact (P.L. 112-282, ratified 38 by Congress on January fourteenth, two thousand thirteen). Such compact 39 shall be deemed ratified by the legislature upon the governor's certif- 40 ication to the temporary president of the senate, the speaker of the 41 assembly, and the secretary of state, that New York has entered into the 42 compact. 43 § 3. The executive law is amended by adding a new section 29-l to read 44 as follows: 45 § 29-l. International Emergency Management Assistance Compact. 46 Notwithstanding any other law, the state, through the governor, may 47 enter the compact established by the emergency management assistance 48 memorandum of understanding (executed on July eighteenth, two thousand 49 by the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode 50 Island, and Vermont and the Canadian provinces of New Brunswick, 51 Newfoundland, Nova Scotia, Prince Edward Island, and Quebec) at the 52 twenty-fifth conference of New England Governors and Eastern Canadian 53 Premiers, as authorized by Article II(j) of the Agreement between the 54 Government of the United States and the Government of Canada on Cooper- 55 ation in Comprehensive Emergency Planning and Management renewed on 56 December second, nineteen ninety-eight. Such compact shall be deemed 
 S. 9005 26 A. 10005 1 ratified by the legislature upon the governor's certification to the 2 temporary president of the senate, the speaker of the assembly, and the 3 secretary of state, that New York has entered into the compact. 4 § 4. This act shall take effect immediately. 5 PART K 6 Section 1. The section heading, subdivision 1 and subdivision 3 of 7 section 240.70 of the penal law, as added by chapter 635 of the laws of 8 1999, are amended to read as follows: 9 Criminal interference with health care services or access to a place 10 of religious worship in the second degree. 11 1. A person is guilty of criminal interference with health services or 12 access to a place of religious worship in the second degree when: 13 (a) by force or threat of force or by physical obstruction, [he or 14 she] such person intentionally injures, intimidates or interferes with, 15 or attempts to injure, intimidate or interfere with, another person 16 because such other person was or is obtaining or providing reproductive 17 health services; or 18 (b) by force or threat of force or by physical obstruction, [he or 19 she] such person intentionally injures, intimidates or interferes with, 20 or attempts to injure, intimidate or interfere with, another person in 21 order to discourage such other person or any other person or persons 22 from obtaining or providing reproductive health services; or 23 (c) by force or threat of force or by physical obstruction, [he or 24 she] such person intentionally injures, intimidates or interferes with, 25 or attempts to injure, intimidate or interfere with, another person 26 [because] when such person [was or is seeking to exercise the right of 27 religious freedom at] seeks to enter or exit a place of religious 28 worship, or to exercise the right of religious freedom therein; or 29 (d) [he or she] such person intentionally damages the property of a 30 health care facility, or attempts to do so, because such facility 31 provides reproductive health services, or intentionally damages the 32 property of a place of religious worship[.]; or 33 (e) with intent to alarm and annoy anyone who seeks to enter, exit, 34 work inside of, or use the services of either a reproductive health care 35 clinic or a house of worship, such person demonstrates or prepares to 36 demonstrate within twenty-five feet of distance from such facility, 37 including its parking lot, parking lot entrances, driveway and driveway 38 entrances of such facilities. 39 3. For purposes of this section: 40 (a) the term "health care facility" means a hospital, clinic, physi- 41 cian's office or other facility that provides reproductive health 42 services, and includes the building or structure in which the facility 43 is located and shall include the drive, entrance, entryway, or exit and 44 any public way or sidewalk that touches such building or structure; 45 (b) the term "interferes with" means to restrict a person's freedom of 46 movement; 47 (c) the term "intimidates" means to place a person in reasonable 48 apprehension of physical injury to [himself or herself] themself or to 49 another person; 50 (d) the term "physical obstruction" means rendering impassable ingress 51 to or egress from a facility that provides reproductive health services 52 or to or from a place of religious worship, or rendering passage to or 53 from such a facility or place of religious worship unreasonably diffi- 54 cult or hazardous; [and] 
 S. 9005 27 A. 10005 1 (e) the term "reproductive health services" means health care services 2 provided in a hospital, clinic, physician's office or other facility and 3 includes medical, surgical, counseling or referral services relating to 4 the human reproductive system, including services relating to pregnancy 5 or the termination of a pregnancy[.]; and 6 (f) the term "place of religious worship" shall mean any building or 7 structure that a reasonable person would know that religious adherents 8 collectively recognize as a place to regularly gather for or to hold 9 religious worship activities or provide religious education or instruc- 10 tion. A "place of religious worship" shall include any drive, entryway, 11 or exit and any public way or sidewalk that touches such building or 12 structure. 13 § 2. Section 240.71 of the penal law, as amended by chapter 493 of the 14 laws of 2009, is amended to read as follows: 15 § 240.71 Criminal interference with health care services or access to a 16 place of religious worship in the first degree. 17 A person is guilty of criminal interference with health care services 18 or access to a place of religious worship in the first degree when [he 19 or she]: 20 1. Such person commits the crime of criminal interference with health 21 care services or access to a place of religious worship in the second 22 degree and has been previously convicted of the crime of criminal inter- 23 ference with health care services or access to a place of religious 24 worship in the first or second degree or aggravated interference with 25 health care services in the first or second degree[.]; or 26 2. With intent to alarm and annoy anyone who seeks to enter, exit, 27 work inside of, or use the services of a reproductive health care facil- 28 ity or place of religious worship, such person demonstrates or prepares 29 to demonstrate either: (a) inside of a reproductive health care facility 30 or place of religious worship; or (b) with at least one other person, 31 outside of a reproductive health care facility or place of religious 32 worship within twenty-five feet of distance from such facility, includ- 33 ing its parking lot, parking lot entrances, driveway and driveway 34 entrances of such facilities. 35 Criminal interference with health care services or access to a place 36 of religious worship in the first degree is a class E felony. 37 § 3. Section 240.72 of the penal law, as added by chapter 493 of the 38 laws of 2009, is amended to read as follows: 39 § 240.72 Aggravated interference with health care services or access to 40 a place of religious worship in the second degree. 41 A person is guilty of the crime of aggravated interference with health 42 care services or access to a place of religious worship in the second 43 degree when [he or she] such person commits the crime of criminal inter- 44 ference with health care services or access to a place of religious 45 worship in violation of [paragraph (a) of] subdivision one of section 46 240.70 of this article and thereby causes physical injury to such other 47 person who was obtaining or providing, or was assisting another person 48 to obtain or provide reproductive health services, or to a person who 49 was entering, exiting, seeking to enter or exit, or inside of a place of 50 religious worship. 51 Aggravated interference with health care services or access to a place 52 of religious worship in the second degree is a class E felony. 53 § 4. Section 240.73 of the penal law, as added by chapter 493 of the 54 laws of 2009, is amended to read as follows: 55 § 240.73 Aggravated interference with health care services or access to 56 a place of religious worship in the first degree. 
 S. 9005 28 A. 10005 1 A person is guilty of the crime of aggravated interference with health 2 care services or access to a place of religious worship in the first 3 degree when [he or she] such person commits the crime of criminal inter- 4 ference with health care services or access to a place of religious 5 worship in violation of [paragraph (a) of] subdivision one of section 6 240.70 of this article and thereby causes serious physical injury to 7 such other person who was obtaining or providing, or who was assisting 8 another person to obtain or provide reproductive health services, or to 9 a person who was entering, exiting, seeking to enter or exit, or inside 10 of a place of religious worship. 11 Aggravated interference with health care services or access to a place 12 of religious worship in the first degree is a class C felony. 13 § 5. This act shall take effect on the sixtieth day after it shall 14 have become a law. 15 PART L 16 Section 1. This act shall be known and may be cited as the "sensitive 17 location protection act". 18 § 2. The civil rights law is amended by adding a new section 29 to 19 read as follows: 20 § 29. Sensitive locations. 1. Definitions. For purposes of this 21 section, the following terms shall have the following meanings: 22 (a) "Sensitive location" shall mean: 23 (i) a public school, non-public school, or any state-operated or 24 state-supported schools; 25 (ii) an institution of higher education; 26 (iii) the location of any program licensed, regulated, certified, 27 funded, or approved by the office of children and family services that 28 provides services to children, youth, or young adults, any legally 29 exempt childcare provider, a childcare program for which a permit to 30 operate such program has been issued by the New York city department of 31 health and mental hygiene pursuant to the health code of the city of New 32 York, nursery schools, preschools, and summer camps; 33 (iv) a health care facility, including a doctor's office, hospital, or 34 any location providing health or behavioral health services; or 35 (v) a house of worship, which shall mean any building or structure 36 that a reasonable person would know that religious adherents collective- 37 ly recognize as a place to regularly gather for or to hold religious 38 worship activities or provide religious education or instruction, such 39 as a church, synagogue, temple, or mosque. 40 (b) "Civil immigration enforcement" shall mean any immigration 41 enforcement actions other than enforcement of federal criminal law. 42 (c) "Deny access" shall mean declining to grant permission to enter 43 and declining to facilitate the entry of an individual to a sensitive 44 location. 45 2. Sensitive locations for civil immigration enforcement. (a) A sensi- 46 tive location that is owned or operated by a state or local governmental 47 entity or public authority, or a unit of the executive branch of the 48 state or of a local government in New York state that operates at a 49 sensitive location, shall deny access to any portion of the sensitive 50 location that is not accessible to the general public to any individual 51 seeking access for the purposes of civil immigration enforcement unless 52 the individual presents a valid warrant issued by a federal court estab- 53 lished under article III of the United States constitution or a judicial 54 order by a federal court established under article III of the United 
 S. 9005 29 A. 10005 1 States constitution authorizing them to take into custody the person who 2 is the subject of such warrant. 3 (b) A sensitive location that is privately owned or operated is 4 empowered to adopt policies and/or procedures, to the maximum extent 5 allowable under law, to deny access to any portion of the sensitive 6 location that is not accessible to the general public to any individual 7 seeking access for the purposes of civil immigration enforcement. Any 8 such policy or procedure shall not overcome any circumstance in which 9 the individual seeking access for the purposes of civil immigration 10 enforcement presents a valid warrant issued by a federal court estab- 11 lished under article III of the United States constitution or a judicial 12 order by a federal court established under article III of the United 13 States constitution authorizing them to take into custody the person who 14 is the subject of such warrant. 15 (c) A sensitive location that is privately owned or operated shall not 16 be liable under state law if it adopts any policy or practice of deny- 17 ing, or chooses to deny, access to any portion of a sensitive location 18 that is not accessible to the general public to any individual seeking 19 access for the purposes of civil immigration enforcement without 20 presenting a valid warrant issued by a federal court established under 21 article III of the United States constitution or a judicial order by a 22 federal court established under article III of the United States consti- 23 tution authorizing them to take into custody the person who is the 24 subject of such warrant. 25 3. Enforcement. The attorney general, an individual, or the owner or 26 operator of the sensitive location, including a local or state govern- 27 mental entity that operates out of a sensitive location, may apply for 28 an order to the supreme court of the state of New York to obtain appro- 29 priate equitable and declaratory relief with respect to any violation of 30 this section. 31 § 3. Severability. If any clause, sentence, paragraph, subdivision, 32 section or part of this act shall be adjudged by any court of competent 33 jurisdiction to be invalid, such judgment shall not affect, impair, or 34 invalidate the remainder thereof, but shall be confined in its operation 35 to the clause, sentence, paragraph, subdivision, section or part thereof 36 directly involved in the controversy in which such judgment shall have 37 been rendered. It is hereby declared to be the intent of the legislature 38 that this act would have been enacted even if such invalid provisions 39 had not been included herein. 40 § 4. This act shall take effect immediately. 41 PART M 42 Section 1. Short title. This act shall be known and may be cited as 43 the "New York state Bivens act". 44 § 2. The civil rights law is amended by adding a new article 8-A to 45 read as follows: 46 ARTICLE 8-A 47 NEW YORK STATE BIVENS ACT 48 Section 85. Legislative Intent. 49 86. Action for deprivation of constitutional rights by federal 50 officials acting under color of law. 51 87. Applicability to state and local officials. 52 88. Rule of construction. 53 89. Severability. 
 S. 9005 30 A. 10005 1 § 85. Legislative intent. 1. The people of the state of New York must 2 be guaranteed meaningful remedies, including but not limited to those 3 provided through the courts, when their constitutional rights are 4 violated by federal officials. Recent United States Supreme Court deci- 5 sions have curtailed the availability of such remedies against federal 6 officials under Bivens v. Six Unknown Named Agents, 408 U.S. 388 (1971). 7 The Supreme Court has repeatedly declined to extend damages actions to 8 new contexts and thereby left many victims of constitutional violations 9 without recourse. 10 2. a. Federal civil rights law, 42 U.S.C. § 1983, provides a private 11 right of action to recover damages and seek injunctive relief against 12 state and/or local officials when they violate an individual's constitu- 13 tional right while acting under color of law subject to available 14 defenses including qualified immunity. With respect to federal officers, 15 the Federal Tort Claims Act (FTCA), as amended by the Westfall Act, 16 provides the exclusive avenue for many common law damages actions 17 against federal officers acting within the scope of their employment. 18 The Westfall Act explicitly carves out from the FTCA's exclusive purview 19 "a civil action against an employee of the government which is brought 20 for a violation of the constitution of the United States." 28 U.S.C. § 21 2679(b)(2)(a). The plain text of this provision contains no limitation 22 on the scope of constitutional violations carved out from the FTCA's 23 exclusive purview, recognizing the well-established principle that 24 government agents act outside of the scope of their offices when they 25 violate the constitution. 26 b. While New Yorkers can seek remedies against state and local offi- 27 cials for constitutional violations, there remains a significant remedi- 28 al void for New Yorkers injured by unconstitutional conduct by federal 29 officials. Therefore, the legislature finds it necessary to provide an 30 avenue for claims for damages against any federal official, who, acting 31 under color of any law, statute, ordinance, regulation, custom, or 32 usage, deprives a person of rights secured by the United States Consti- 33 tution. The legislature intends for this statute to fall squarely with- 34 in the provision of the Westfall Act that carves out FTCA claims against 35 federal officials for violations of constitutional rights. 36 c. This article does not, nor is intended to, usurp federal authority, 37 nor does it discriminate against federal officials. This statute under- 38 scores the supremacy of the federal constitution by ensuring that its 39 guarantees remain enforceable for all New Yorkers against all persons 40 acting under color of any law. From the founding era through the nine- 41 teenth century, courts regularly adjudicated state lawsuits against 42 federal officers who exceeded lawful authority. Nothing in the constitu- 43 tion, federal statutes, or United States Supreme Court precedent fore- 44 closes such actions today. The legislature thus finds that New York 45 state may properly act to safeguard its residents' constitutional 46 rights. 47 3. The intent of this statute is to restore a meaningful avenue of 48 accountability consistent with federal supremacy, sovereignty, and the 49 long-standing principle that rights must be paired with remedies, as 50 such remedies already exist for unconstitutional actions taken by state 51 and local officials. 52 4. Accordingly, it is the intent of the legislature that this article 53 should be construed to provide parity between federal officials and 54 state and local officials such that claims brought under this article 55 against federal officials shall be subject to the exact same legal stan- 
 S. 9005 31 A. 10005 1 dards, legal defenses, and immunities that are provided to state and 2 local officials for causes of actions brought under 42 U.S.C. § 1983. 3 § 86. Action for deprivation of constitutional rights by federal offi- 4 cials acting under color of law. 1. Any federal official who, under 5 color of any law, statute, ordinance, regulation, custom, or usage, 6 subjects, or causes to be subjected, any citizen of the United States or 7 other person within the jurisdiction thereof to the deprivation of any 8 rights, privileges, or immunities secured by the constitution of the 9 United States, shall be liable to the party injured in an action at law, 10 suit in equity, or other proper proceeding for redress. 11 2. A defendant in an action under this section may assert any immunity 12 defense to the same extent as a defendant may raise in response to a 13 claim brought under 42 U.S.C. § 1983. 14 3. In any action brought under this section, the court may award: 15 a. Compensatory damages, including damages for emotional distress, 16 pain and suffering, and other non-economic damages; 17 b. Punitive damages where the violation is found to be malicious, 18 wanton, willful, or in reckless disregard of the plaintiff's rights; 19 c. Injunctive and declaratory relief; 20 d. Reasonable attorneys' fees and costs to a prevailing plaintiff; and 21 e. Expert fees as part of the reasonable attorneys' fees. 22 § 87. Applicability to state and local officials. In the event that 42 23 U.S.C. § 1983 is repealed or amended such that it removes or otherwise 24 further limits liability against state and/or local officials for 25 constitutional violations, this article shall automatically apply to 26 state and local officials in the same manner in which it applies to 27 federal officials. 28 § 88. Rule of construction. This article shall be construed so that 29 any legal standard, including a standard relating to liability, defense, 30 or immunity, that is applicable in a case brought against a state or 31 local official under 42 U.S.C. 1983 applies in a like action brought 32 against a federal official under this article. 33 § 89. Severability. If any clause, sentence, paragraph, section or 34 part of this act shall be adjudged by any court of competent jurisdic- 35 tion to be invalid and after exhaustion of all further judicial review, 36 the judgment shall not affect, impair or invalidate the remainder there- 37 of, but shall be confined in its operation to the clause, sentence, 38 paragraph, section or part of this act directly involved in the contro- 39 versy in which the judgment shall have been rendered. 40 § 3. This act shall take effect immediately. 41 PART N 42 Section 1. Section 5 of chapter 396 of the laws of 2010 amending the 43 alcoholic beverage control law relating to liquidator's permits and 44 temporary retail permits, as amended by section 1 of part Q of chapter 45 55 of the laws of 2025, is amended to read as follows: 46 § 5. This act shall take effect on the sixtieth day after it shall 47 have become a law, provided that paragraph (b) of subdivision 1 of 48 section 97-a of the alcoholic beverage control law as added by section 49 two of this act shall expire and be deemed repealed October 12, [2026] 50 2027. 51 § 2. This act shall take effect immediately. 52 PART O 
 S. 9005 32 A. 10005 1 Section 1. This act enacts into law components of legislation relating 2 to alcoholic beverage control licenses. Each component is wholly 3 contained within a Subpart identified as Subparts A through K. The 4 effective date for each particular provision contained within such 5 Subpart is set forth in the last section of such Subpart. Any provision 6 in any section contained within a Subpart, including the effective date 7 of the Subpart, which makes a reference to a section "of this act", when 8 used in connection with that particular component, shall be deemed to 9 mean and refer to the corresponding section of the Subpart in which it 10 is found. Section three of this part sets forth the general effective 11 date of this act. 12 SUBPART A 13 Section 1. Subdivision 6 of section 97-a of the alcoholic beverage 14 control law, as added by chapter 396 of the laws of 2010, is amended to 15 read as follows: 16 6. The holder of a temporary retail permit shall [purchase alcoholic 17 beverages only by payment in currency or check for such alcoholic bever- 18 ages on or before the day such alcoholic beverages are delivered, 19 provided, however, that the holder of a temporary permit issued pursuant 20 to this section who also holds one or more retail licenses and is oper- 21 ating under such retail license or licenses in addition to the temporary 22 retail permit, and who is not delinquent under the provisions of section 23 one hundred one-aa of this chapter as to any retail license under which 24 he operates, may purchase alcoholic beverages on credit under the tempo- 25 rary permit] be subject to sections one hundred one-aa and one hundred 26 one-aaa of this chapter. 27 § 2. This act shall take effect immediately. 28 SUBPART B 29 Section 1. Paragraph (c) of subdivision 5 of section 107-a of the 30 alcoholic beverage control law, as added by chapter 354 of the laws of 31 2013, is amended to read as follows: 32 (c) No brand or trade name label, or any separate label on the front 33 or back of the container shall contain: 34 (i) any statement that is false or untrue in any particular manner; 35 (ii) any statement that is disparaging of a competitor's product; 36 (iii) any statement, design, device or representation that is likely 37 to mislead the consumer; [or] 38 (iv) any statement or claim of health benefits to be derived from 39 consumption by the consumer[.]; or 40 (v) any statement, design, device, or representation that in the opin- 41 ion of the authority is intended to appeal to children and/or persons 42 under twenty-one years of age. 43 § 2. This act shall take effect immediately. 44 SUBPART C 45 Section 1. Section 57-a of the alcoholic beverage control law, as 46 amended by chapter 523 of the laws of 2023, is amended to read as 47 follows: 48 § 57-a. Change in duration of licenses. The liquor authority is 49 authorized to change the periods during which the licenses authorized by 50 sections fifty-one, fifty-one-a, fifty-three, fifty-three-a, fifty-four, 
 S. 9005 33 A. 10005 1 fifty-four-a, fifty-five and fifty-five-a of this article shall be 2 effective and to establish the commencement dates, duration and expira- 3 tion dates thereof, provided that no such license shall be effective for 4 a period in excess of three years. When any change or changes are made 5 in the duration of any such license, the license fee shall be equal to 6 the annual license fee specified in this article multiplied by the 7 number of years for which such license is issued. The liquor authority 8 may make such rules as shall be appropriate to carry out the purpose of 9 this section. 10 § 2. This act shall take effect immediately. 11 SUBPART D 12 Section 1. Paragraph (a) of subdivision 2 of section 101-b of the 13 alcoholic beverage control law, as amended by chapter 669 of the laws of 14 1989, is amended to read as follows: 15 (a) to discriminate, directly or indirectly, in price, in discounts 16 for time of payment or in discounts on quantity of merchandise sold, 17 between one wholesaler and another wholesaler, or between one retailer 18 and another retailer purchasing liquor or wine bearing the same brand or 19 trade name and of like age and quality, except that manufacturers and 20 wholesalers may utilize "channel pricing" by filing different prices 21 and/or quantity discounts for on-premises retailers and off-premises 22 retailers; 23 § 2. Section 101-b of the alcoholic beverage control law is amended by 24 adding a new subdivision 1-a to read as follows: 25 1-a. "Channel pricing" is allowed for manufacturers and wholesalers 26 when determining prices for sales of the same liquor and/or wine to 27 retailers in different channels. For purposes of this section, manufac- 28 turers and wholesalers can utilize different prices for retail licensees 29 who hold: 30 (a) an on-premises retail license issued pursuant to sections sixty- 31 four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, sixty- 32 four-e, sixty-four-f or eighty-one of this chapter; or 33 (b) an off-premises retail license issued pursuant to sections sixty- 34 three or seventy-nine of this chapter. 35 § 3. Subdivision 7-a of section 3 of the alcoholic beverage control 36 law is amended by adding a new paragraph (c) to read as follows: 37 (c) "Channel pricing" shall mean the sale of liquor or wine at differ- 38 ent prices based solely upon whether the retail licensee holds: 39 (i) an on-premises retail license; or 40 (ii) an off-premises retail license. If a manufacturer or wholesaler 41 employs channel pricing, such pricing and quantity discounts shall be 42 made equally available to all similarly situated on-premises and off- 43 premises retail licensees within the same calendar month. Retailers who 44 own multiple licensed premises must continue to ensure that all alcohol- 45 ic beverage purchases are made individually by each retail licensed 46 premises except for retail-to-retail purchases made pursuant to subdivi- 47 sion two-b of section one hundred six of this chapter, or centralized 48 bookkeeping authorized purchases pursuant to subdivision twelve of 49 section one hundred six of this chapter. 50 § 4. Paragraph (b) of subdivision 3 of paragraph 101-b of the alcohol- 51 ic beverage control law, as amended by section 1 of part E of chapter 56 52 of the laws of 2006, is amended to read as follows: 53 (b) No brand of liquor or wine shall be sold to or purchased by a 54 retailer unless a schedule, as provided by this section, is transmitted 
 S. 9005 34 A. 10005 1 to and received by the liquor authority, and is then in effect. Such 2 schedule shall be transmitted to the authority in such form, manner, 3 medium and format as the authority may direct; shall be deemed duly 4 verified by the person submitting such schedule upon its transmission to 5 the authority; and shall contain, with respect to each item, the exact 6 brand or trade name, capacity of package, nature of contents, age and 7 proof where stated on the label, the number of bottles contained in each 8 case, the bottle and case price to retailers, the net bottle and case 9 price paid by the seller, which prices, in each instance, shall be indi- 10 vidual for each item and not in "combination" with any other item, the 11 discounts for quantity, if any, and the discounts for time of payment, 12 if any, except that mix and match quantity discounts may be price posted 13 to liquor and/or wine to retailers for multiple fanciful names, varie- 14 tals, vintages, years, and/or ages of liquor and/or wine manufactured by 15 the same manufacturer and featuring the same brand name on the front 16 label and are posted at the same front line case or bottle price, enabl- 17 ing retailers to choose from multiple cases or bottles of said multiple 18 fanciful names, varietals, vintages, years, and/or ages of liquor and/or 19 wine featuring the same brand name on the front label to add up to a 20 combined quantity discount level so long as all such brand items are 21 price posted with the same quantity discount level available in that 22 given month. Such brand of liquor or wine shall not be sold to retailers 23 except at the price and discounts then in effect unless prior written 24 permission of the authority is granted for good cause shown and for 25 reasons not inconsistent with the purpose of this chapter. Such schedule 26 shall be transmitted by each manufacturer selling such brand to retail- 27 ers and by each wholesaler selling such brand to retailers. 28 § 5. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law and shall apply to all price postings 30 required to be filed on or after the effective date of this act. Effec- 31 tive immediately, the addition, amendment and/or repeal of any rule or 32 regulation necessary for the implementation of this act on its effective 33 date are authorized to be made and completed on or before such effective 34 date. 35 SUBPART E 36 Section 1. Subdivision 1 of section 102 of the alcoholic beverage 37 control law, as amended by chapter 242 of the laws of 1970, paragraphs 38 (a), (b) and (c) as amended and paragraph (d) as relettered by chapter 39 210 of the laws of 2005, is amended to read as follows: 40 1. (a) Except as provided in [section] sections thirty-five, fifty- 41 nine-b, sixty-eight, seventy-nine-c, ninety-four or ninety-six of this 42 chapter, no alcoholic beverages shall be shipped into the state unless 43 the same shall be consigned to a person duly licensed hereunder to traf- 44 fic in alcoholic beverages. This prohibition shall apply to all ship- 45 ments of alcoholic beverages into New York state and includes importa- 46 tion or distribution for commercial purposes, for personal use, or 47 otherwise, and irrespective of whether such alcoholic beverages were 48 purchased within or without the state, provided, however, this prohibi- 49 tion shall not apply to any shipment consigned to a New York resident 50 who has personally purchased alcoholic beverages for [his] personal use 51 while outside the United States for a minimum period of forty-eight 52 consecutive hours and which [he] such person has shipped as consignor to 53 [himself] themself as consignee. Purchases made outside the United 54 States by persons other than the purchaser [himself] themself, regard- 
 S. 9005 35 A. 10005 1 less whether made as [his] such person's agent, or by [his] their 2 authorization or on [his] their behalf, are deemed not to have been 3 personally purchased within the meaning of this paragraph. Violations of 4 this subdivision are punishable as a class E felony. 5 (b) Except as provided in [section] sections thirty-five, 6 fifty-nine-b, sixty-eight, seventy-nine-c, ninety-four or ninety-six of 7 this chapter, no common carrier or other person shall bring or carry 8 into the state any alcoholic beverages, unless the same shall be 9 consigned to a person duly licensed hereunder to traffic in alcoholic 10 beverages, provided, however, that alcoholic beverages may be delivered 11 by a trucking permittee from a steamship or railroad station or terminal 12 to a New York resident who has personally purchased alcoholic beverages 13 for [his] personal use while outside the United States for a minimum 14 period of forty-eight consecutive hours, and which [he] such person has 15 shipped as consignor to [himself] themself as consignee, and except as 16 so stated, no trucking permittee shall accept for delivery, deliver or 17 transport from a steamship or railroad station or terminal any shipment 18 of alcoholic beverages consigned to a non-licensed person having [his] 19 their home or business in New York state. Purchases of alcoholic bever- 20 ages made outside the United States by persons other than the purchaser 21 [himself] themself, regardless whether made as [his] their agent, or by 22 [his] their authorization or on [his] their behalf, are deemed not to 23 have been personally purchased within the meaning of this paragraph. 24 (c) Paragraphs (a) and (b) of this subdivision shall apply to alcohol- 25 ic beverages, either in the original package or otherwise, whether 26 intended for commercial or personal use, as well as otherwise, and to 27 foreign, interstate, as well as intrastate, shipments or carriage, irre- 28 spective of whether such alcoholic beverages were purchased within or 29 without the state. 30 (d) Nothing in this chapter shall be deemed to exempt from taxation 31 the sale or use of any alcoholic beverages subject to any tax imposed 32 under or pursuant to the authority of the tax law or to grant any other 33 exemption from the provisions of such law. 34 § 2. Section 94 of the alcoholic beverage control law is amended by 35 adding six new subdivisions 4, 5, 6, 7, 8 and 9 to read as follows: 36 4. No trucking permittee shall make deliveries of alcoholic beverages 37 to a non-licensed person in New York state except as provided for in 38 sections thirty-five, thirty-six, fifty-nine-b, fifty-nine-c, sixty- 39 eight, sixty-nine, seventy-nine-c, seventy-nine-d or ninety-six of this 40 chapter, or on behalf of a retail licensee licensed pursuant to this 41 chapter. 42 5. No trucking permittee shall make deliveries of alcoholic beverages 43 to a non-licensed person unless the driver and/or delivery staff shall 44 have successfully completed alcohol training and awareness program 45 (ATAP) training and hold a valid certificate issued by an approved ATAP 46 school pursuant to subdivision twelve of section seventeen or subdivi- 47 sion ten of section eighteen of this chapter. 48 6. Trucking permittees shall in connection with the acceptance of any 49 order for a delivery of alcoholic beverages to a non-licensed person in 50 New York: 51 (a) require the non-licensed person to represent that they have 52 attained the age of twenty-one years or more by providing a valid form 53 of photographic identification authorized by section sixty-five-b of 54 this chapter; and 
 S. 9005 36 A. 10005 1 (b) require the non-licensed person to sign an electronic or paper 2 form or other acknowledgement of receipt as approved by the authority; 3 and 4 (c) certify that the alcoholic beverages being purchased will not be 5 resold or introduced back into the stream of commerce; and 6 (d) refuse delivery when the proposed recipient appears to be under 7 twenty-one years of age and/or refuses to present valid identification 8 as required by subparagraph (a) of this paragraph. 9 7. Trucking permittees shall report twice annually to the authority in 10 such manner and form as the authority may direct, the total amount of 11 alcoholic beverages shipped to non-licensed persons in New York during 12 the reporting period, the names and addresses of the non-licensed 13 persons to whom the alcoholic beverages were shipped, the date of deliv- 14 ery, the name and license number of the licensee on whose behalf the 15 alcoholic beverages were delivered, and the quantity and value of each 16 shipment. 17 8. The authority and the department of taxation and finance may 18 promulgate rules and regulations necessary to effectuate the purposes 19 of this section. 20 9. The authority may enforce the requirements of this section by 21 administrative proceedings to suspend or revoke a trucking permit and 22 the authority may accept payment of an administrative fine in lieu of 23 suspension. In addition, the authority or the attorney general of the 24 state of New York shall report violations of this section, where appro- 25 priate, to the department of taxation and finance, to other state 26 licensing authorities, and/or the United States department of treas- 27 ury, tax and trade bureau, for administrative action to suspend or 28 revoke the federal basic permit. 29 § 3. Section 96 of the alcoholic beverage control law is amended by 30 adding three new subdivisions 4, 5 and 6 to read as follows: 31 4. Any person holding a valid warehouse permit pursuant to this 32 section may apply to the authority for an additional permit to operate 33 as a fulfillment warehouse. The fulfillment warehouse permit holder may 34 package and ship alcoholic beverages sold by licensed New York retailers 35 and/or New York manufacturers and/or direct shipper licensees to non-li- 36 censed persons within this state. The fee for a fulfillment warehouse 37 permit shall be two thousand one hundred dollars for three years. 38 (a) Fulfillment warehouses shall report twice annually to the New York 39 State liquor authority in such manner and form as the authority may 40 direct: 41 (i) a current list of all licensed retailers, licensed manufacturers, 42 licensed wholesalers, and direct shipper licensees on whose behalf the 43 fulfillment warehouse ships or allows to be shipped alcoholic beverages 44 to non-licensed persons in this state; and 45 (ii) the total gallons of each type of alcoholic beverages shipped to 46 non-licensed persons from the fulfillment warehouse during the reporting 47 period, categorized in accordance with the state's tax classification 48 for alcoholic beverages; and 49 (iii) the name, business address, and license number of each licensed 50 retailer and direct shipper on whose behalf the fulfillment warehouse 51 packages or ships or allows to be shipped alcoholic beverages to non-li- 52 censed persons in this state, with each licensee's name stated as it 53 appears on the retailer's or direct shipper's license; and 54 (iv) the names and addresses of the non-licensed persons to whom the 55 alcoholic beverages were shipped, the date of delivery, the name and 56 license number of the retailer or direct shipper licensee on whose 
 S. 9005 37 A. 10005 1 behalf the alcoholic beverages were delivered, and the quantity and 2 value of each shipment. 3 (b) A fulfillment warehouse may ship alcoholic beverages to a non-li- 4 censed person within this state only if the package containing the alco- 5 holic beverages is conspicuously labeled with the words "CONTAINS ALCO- 6 HOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR 7 DELIVERY - NOT FOR RESALE", or with other language specifically approved 8 by the New York State liquor authority, and clearly indicates on the 9 shipping label the name and address of the fulfillment warehouse as well 10 as the name and address of the non-licensed person within this state as 11 the intended recipient; and the name and license number of the licensed 12 retailer or direct shipper licensee that provided the alcoholic beverag- 13 es to the fulfillment warehouse; and the shipment is authorized under 14 this chapter. 15 5. The authority and the department of taxation and finance may 16 promulgate rules and regulations to effectuate the purposes of this 17 section. 18 6. The authority may enforce the requirements of this section, by 19 administrative proceedings to suspend or revoke a warehouse permit or 20 fulfillment warehouse permit and the authority may accept payment of an 21 administrative fine in lieu of suspension. In addition, the authority or 22 the attorney general of the state of New York shall report violations of 23 this section, where appropriate, to the New York State department of 24 taxation and finance, to other state licensing authorities, and/or the 25 United States department of treasury, tax and trade bureau, for 26 administrative action to suspend or revoke the federal basic permit. 27 § 4. Paragraph (d) of subdivision 3 of section 35 of the alcoholic 28 beverage control law, as added by chapter 226 of the laws of 2024, is 29 amended to read as follows: 30 (d) shall [maintain records] report twice annually to the New York 31 State liquor authority in such manner and form as the authority may 32 direct, showing the total amount of mead and/or braggot shipped into the 33 state each calendar year; the names and addresses of the purchasers to 34 whom the mead and/or braggot was shipped, the date purchased, the name 35 of the common carrier used to deliver the mead and/or braggot, and the 36 quantity and value of each shipment; 37 § 5. Paragraph (d) of subdivision 3 of section 59-b of the alcoholic 38 beverage control law, as added by chapter 226 of the laws of 2024, is 39 amended to read as follows: 40 (d) shall [maintain records] report twice annually to the New York 41 State liquor authority in such manner and form as the authority may 42 direct, showing the total amount of cider shipped into the state each 43 calendar year; the names and addresses of the purchasers to whom the 44 cider was shipped, the date purchased, the name of the common carrier 45 used to deliver the cider, and the quantity and value of each shipment; 46 § 6. Paragraph (d) of subdivision 3 of section 68 of the alcoholic 47 beverage control law, as added by chapter 226 of the laws of 2024, is 48 amended to read as follows: 49 (d) shall [maintain records] report twice annually to the New York 50 State liquor authority in such manner and form as the authority may 51 direct, showing the total amount of liquor shipped into the state each 52 calendar year; the names and addresses of the purchasers to whom the 53 liquor was shipped, the date purchased, the name of the common carrier 54 used to deliver the liquor, and the quantity and value of each shipment; 
 S. 9005 38 A. 10005 1 § 7. Paragraph (d) of subdivision 3 of section 79-c of the alcoholic 2 beverage control law, as amended by chapter 226 of the laws of 2024, is 3 amended to read as follows: 4 (d) shall [maintain records] report twice annually to the New York 5 State liquor authority in such manner and form as the authority may 6 direct, showing the total amount of wine shipped into the state each 7 calendar year; the names and addresses of the purchasers to whom the 8 wine was shipped, the date purchased, the name of the common carrier 9 used to deliver the wine, and the quantity and value of each shipment; 10 § 8. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law. 12 SUBPART F 13 Section 1. Section 5 of part CC of chapter 55 of the laws of 2024 14 amending the alcoholic beverage control law, relating to alcohol in 15 certain motion picture theatres, is amended to read as follows: 16 § 5. This act shall take effect immediately [and shall expire and be 17 deemed repealed 3 years after such date]. 18 § 2. This act shall take effect immediately. 19 SUBPART G 20 Section 1. Subdivision 9 of section 106 of the alcoholic beverage 21 control law is REPEALED. 22 § 2. This act shall take effect immediately. 23 SUBPART H 24 Section 1. Subdivision 6 of section 64-a of the alcoholic beverage 25 control law, as amended by section 2 of part CC of chapter 55 of the 26 laws of 2024, is amended to read as follows: 27 6. No special on-premises license shall be granted except for premises 28 in which the principal business shall be (a) the sale of food or bever- 29 ages at retail for consumption on the premises [or], (b) the operation 30 of a legitimate theatre, including a motion picture theatre that is a 31 building or facility which is regularly used and kept open primarily for 32 the exhibition of motion pictures for at least five out of seven days a 33 week, or on a regular seasonal basis of no less than six contiguous 34 weeks, to the general public where all auditorium seating is permanently 35 affixed to the floor and at least sixty-five percent of the motion 36 picture theatre's annual gross revenues is the combined result of admis- 37 sion revenue for the showing of motion pictures and the sale of food and 38 non-alcoholic beverages, (c) a bona-fide hotel, or such other lawful 39 adult entertainment or recreational facility as the liquor authority, 40 giving due regard to the convenience of the public and the strict avoid- 41 ance of sales prohibited by this chapter, shall by regulation classify 42 for eligibility. 43 § 2. This act shall take effect on the one hundred eightieth day 44 after it shall have become a law. Effective immediately, the addition, 45 amendment and/or repeal of any rule or regulation necessary for the 46 implementation of this act on its effective date are authorized to be 47 made and completed on or before such effective date. 48 SUBPART I 
 S. 9005 39 A. 10005 1 Section 1. Section 51 of the alcoholic beverage control law is amended 2 by adding a new subdivision 5-b to read as follows: 3 5-b. (a) A brewer licensed pursuant to this section that qualifies for 4 the micro-brewery fee pursuant to section fifty-six of this article may, 5 at the licensed premises, sell at retail for consumption on or off the 6 licensed premises: 7 (i) beer manufactured by the licensee; 8 (ii) New York state labeled beer, wine, cider, spirits and mead manu- 9 factured by a person licensed to manufacture such product under this 10 chapter. 11 (b) A micro-brewery licensee may conduct tastings of alcoholic bever- 12 ages and sell alcoholic beverages at retail for consumption on or off 13 the licensed premises pursuant to this subdivision; provided, however, 14 that for tastings and sales for on-premises consumption, the licensee 15 shall regularly keep food available for sale or service to its retail 16 customers for consumption on the premises. A licensee providing the 17 following shall be deemed in compliance with this provision: (i) sand- 18 wiches, soups or other such foods, whether fresh, processed, pre-cooked 19 or frozen; and/or (ii) food items intended to complement the tasting of 20 alcoholic beverages, which shall mean a diversified selection of food 21 that is ordinarily consumed without the use of tableware and can be 22 conveniently consumed while standing or walking, including but not 23 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards 24 and crackers. 25 (c) A micro-brewery licensee may sell beer manufactured by the licen- 26 see or any other brewer licensed pursuant to this chapter at retail for 27 consumption off the premises at the state fair, at recognized county 28 fairs and at farmers markets operated on a not-for-profit basis, subject 29 to such rules and regulations as the authority may prescribe. 30 (d) A micro-brewery license shall authorize the holder thereof to 31 manufacture, bottle and sell food condiments and products such as 32 mustards, sauces, hop seasonings, beer nuts, and other hops and beer 33 related foods in addition to beer and to store and sell gift items in a 34 tax-paid room upon the licensed premises incidental to the sale of beer. 35 Such gift items shall be limited to the categories authorized for a farm 36 brewery pursuant to subdivision seven of section fifty-one-a of this 37 chapter. 38 (e) The holder of a license authorized by this subdivision may operate 39 up to five branch offices located away from the licensed premises. Such 40 locations shall be considered part of the licensed premises and all 41 activities allowed at and limited to the micro-brewery may be conducted 42 at the branch offices. Such branch offices shall not be located within, 43 share a common entrance and exit with, or have any interior access to 44 any other business, including premises licensed to sell alcoholic bever- 45 ages at retail. Prior to commencing operation of any such branch office, 46 the licensee shall notify the authority of the location of such branch 47 office and the authority may issue a permit for the operation of same. 48 § 2. Subdivision 1-a of section 61 of the alcoholic beverage control 49 law, as amended by chapter 431 of the laws of 2014, is amended to read 50 as follows: 51 1-a. (a) A class A-1 distiller's license shall authorize the holder 52 thereof to operate a distillery which has a production capacity of no 53 more than seventy-five thousand gallons per year for the manufacture of 54 liquors by distillation or redistillation at the premises specifically 55 designated in the license. Such a license shall also authorize the sale 56 in bulk by such licensee from the licensed premises of the products 
 S. 9005 40 A. 10005 1 manufactured under such license to any person holding a winery license, 2 farm winery license, distiller's class A license, a distiller's class B 3 license or a permittee engaged in the manufacture of products which are 4 unfit for beverage use. It shall also authorize the sale from the 5 licensed premises and from one other location in the state of New York 6 of liquors manufactured by such licensee to a wholesale or retail liquor 7 licensee or permittee in sealed containers of not more than one quart 8 each. In addition, it shall authorize such licensee to sell from the 9 licensed premises New York state labelled liquors to licensed farm 10 wineries, farm breweries, farm distilleries and farm cideries in sealed 11 containers of not more than one quart for retail sale for off-premises 12 consumption. Such license shall also include the privilege to operate a 13 rectifying plant under the same terms and conditions as the holder of a 14 class B-1 distiller's license without the payment of any additional fee. 15 (b) A distiller licensed pursuant to this subdivision that qualifies 16 for the micro-distillery fee pursuant to section sixty-six of this arti- 17 cle may, at the licensed premises, sell at retail for consumption on or 18 off the licensed premises: 19 (i) liquor manufactured by the licensee; 20 (ii) New York state labeled beer, wine, cider, spirits and mead manu- 21 factured by a person licensed to manufacture such product under this 22 chapter. 23 (c) A micro-distillery licensee may conduct tastings of alcoholic 24 beverages and sell alcoholic beverages at retail for consumption on or 25 off the licensed premises pursuant to this subdivision; provided, howev- 26 er, that for tastings and sales for on-premises consumption, the licen- 27 see shall regularly keep food available for sale or service to its 28 retail customers for consumption on the premises. A licensee providing 29 the following shall be deemed in compliance with this provision: (i) 30 sandwiches, soups or other such foods, whether fresh, processed, pre- 31 cooked or frozen; and/or (ii) food items intended to complement the 32 tasting of alcoholic beverages, which shall mean a diversified selection 33 of food that is ordinarily consumed without the use of tableware and can 34 be conveniently consumed while standing or walking, including but not 35 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards 36 and crackers. 37 (d) A micro-distillery licensee may sell liquor manufactured by the 38 licensee or any other distiller licensed pursuant to this chapter at 39 retail for consumption off the premises at the state fair, at recognized 40 county fairs and at farmers markets operated on a not-for-profit basis, 41 subject to such rules and regulations as the authority may prescribe. 42 (e) A micro-distillery license shall authorize the holder thereof to 43 manufacture, bottle and sell food condiments and products such as nuts, 44 popcorn, mulling spices and other spirits related food in addition to 45 other such food and crafts on and from the licensed premises. Such 46 license shall authorize the holder thereof to store and sell gift items 47 in a tax-paid room upon the licensed premises incidental to the sale of 48 liquor. These gift items shall be limited to the following categories: 49 (i) non-alcoholic beverages for consumption on or off premises, 50 including but not limited to bottled water, juice and soda beverages; 51 (ii) food items for the purpose of complementing liquor tastings, 52 which shall mean a diversified selection of food that is ordinarily 53 consumed without the use of tableware and can be conveniently consumed 54 while standing or walking. Such food items shall include but not be 55 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards 56 and crackers; 
 S. 9005 41 A. 10005 1 (iii) food items, which shall include locally produced farm products 2 and any food or food product not specifically prepared for immediate 3 consumption upon the premises. Such food items may be combined into a 4 package containing liquor related products; 5 (iv) liquor supplies and accessories, which shall include any item 6 utilized for the storage, serving or consumption of liquor or for deco- 7 rative purposes. These supplies may be sold as single items or may be 8 combined into a package containing liquor; 9 (v) liquor-making equipment and supplies including, but not limited 10 to, filters, bottling equipment, and books or other written material to 11 assist spirits makers to produce and bottle liquor; and 12 (vi) souvenir items, which shall include, but not be limited to 13 artwork, crafts, clothing, agricultural products and any other articles 14 which can be construed to propagate tourism within the region. 15 (vii) Notwithstanding any provision of law to the contrary, another 16 business or other businesses may operate on the licensed premises 17 subject to such rules and regulations as the liquor authority may 18 prescribe. Such rules and regulations shall determine which businesses 19 will be compatible with the policy and purposes of this chapter and 20 shall consider the effect of particular businesses on the community and 21 area in the vicinity of the micro-distillery premises, provided however 22 that a retailer business licensed under this chapter shall not be 23 permitted to operate at a licensed manufacturing premises. 24 (f) The holder of a license authorized by this subdivision may operate 25 up to five branch offices located away from the licensed premises. Such 26 locations shall be considered part of the licensed premises and all 27 activities allowed at and limited to the micro-distillery may be 28 conducted at the branch offices. Such branch offices shall not be 29 located within, share a common entrance and exit with, or have any inte- 30 rior access to any other business, including premises licensed to sell 31 alcoholic beverages at retail. Prior to commencing operation of any such 32 branch office, the licensee shall notify the authority of the location 33 of such branch office and the authority may issue a permit for the oper- 34 ation of same. 35 § 3. Subdivision 2-b of section 61 of the alcoholic beverage control 36 law, as amended by chapter 431 of the laws of 2014, is amended to read 37 as follows: 38 2-b. (a) A class B-1 distiller's license shall authorize the holder 39 thereof to operate a rectifying plant which has a production capacity of 40 no more than seventy-five thousand gallons per year for the manufacture 41 of the products of rectification by purifying or combining alcohol, 42 spirits, wine, or beer and the manufacture of cordials by the redistil- 43 lation of alcohol or spirits over or with any materials. Such a license 44 shall also authorize the holder thereof to blend, reduce proof and 45 bottle on [his] licensed premises or in a United States customs bonded 46 warehouse for which a warehouse permit has been issued under this chap- 47 ter for wholesale liquor licensees or for persons authorized to sell 48 liquor at wholesale pursuant to the laws and regulation of any other 49 state, territorial possession of the United States or foreign country 50 liquor received in bulk by such wholesalers from other states, territo- 51 rial possessions of the United States or a foreign country, and to 52 rebottle or recondition for wholesale liquor or wine licensees or for 53 persons authorized to sell liquor or wine at wholesale pursuant to the 54 laws and regulations of any other state, territorial possession of the 55 United States or foreign country, liquor or wine manufactured outside 56 the state, which was purchased and received by such wholesalers in 
 S. 9005 42 A. 10005 1 sealed containers not exceeding one quart each of liquor or fifteen 2 gallons each of wine. Such a license shall also authorize the sale from 3 the licensed premises of the products manufactured by such licensee to a 4 wholesale or retail licensee in sealed containers of not more than one 5 quart each. In addition, it shall authorize such licensee to sell from 6 the licensed premises New York state labelled liquors to a farm winery 7 licensee in sealed containers of not more than one quart for retail sale 8 for off-premises consumption. 9 (b) A distiller licensed pursuant to this subdivision that qualifies 10 for the micro-rectifier fee pursuant to section sixty-six of this arti- 11 cle may, at the licensed premises, sell at retail for consumption on or 12 off the licensed premises: 13 (i) liquor manufactured by the licensee; 14 (ii) New York state labeled beer, wine, cider, spirits and mead manu- 15 factured by a person licensed to manufacture such product under this 16 chapter. 17 (c) A micro-rectifier licensee may conduct tastings of alcoholic 18 beverages and sell alcoholic beverages at retail for consumption on or 19 off the licensed premises pursuant to this subdivision; provided, howev- 20 er, that for tastings and sales for on-premises consumption, the licen- 21 see shall regularly keep food available for sale or service to its 22 retail customers for consumption on the premises. A licensee providing 23 the following shall be deemed in compliance with this provision: (i) 24 sandwiches, soups or other such foods, whether fresh, processed, pre- 25 cooked or frozen; and/or (ii) food items intended to complement the 26 tasting of alcoholic beverages, which shall mean a diversified selection 27 of food that is ordinarily consumed without the use of tableware and can 28 be conveniently consumed while standing or walking, including but not 29 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards 30 and crackers. 31 (d) A micro-rectifier licensee may sell liquor manufactured by the 32 licensee or any other distiller licensed pursuant to this chapter at 33 retail for consumption off the premises at the state fair, at recognized 34 county fairs and at farmers markets operated on a not-for-profit basis, 35 subject to such rules and regulations as the authority may prescribe. 36 (e) A micro-rectifier license shall authorize the holder thereof to 37 manufacture, bottle and sell food condiments and products such as nuts, 38 popcorn, mulling spices and other spirits related food in addition to 39 other such food and crafts on and from the licensed premises. Such 40 license shall authorize the holder thereof to store and sell gift items 41 in a tax-paid room upon the licensed premises incidental to the sale of 42 liquor. These gift items shall be limited to the following categories: 43 (i) non-alcoholic beverages for consumption on or off premises, 44 including but not limited to bottled water, juice and soda beverages; 45 (ii) food items for the purpose of complementing liquor tastings, 46 which shall mean a diversified selection of food that is ordinarily 47 consumed without the use of tableware and can be conveniently consumed 48 while standing or walking. Such food items shall include but not be 49 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards 50 and crackers; 51 (iii) food items, which shall include locally produced farm products 52 and any food or food product not specifically prepared for immediate 53 consumption upon the premises. Such food items may be combined into a 54 package containing liquor related products; 55 (iv) liquor supplies and accessories, which shall include any item 56 utilized for the storage, serving or consumption of liquor or for deco- 
 S. 9005 43 A. 10005 1 rative purposes. These supplies may be sold as single items or may be 2 combined into a package containing liquor; 3 (v) liquor-making equipment and supplies including, but not limited 4 to, filters, bottling equipment, and books or other written material to 5 assist spirits makers to produce and bottle liquor; and 6 (vi) souvenir items, which shall include, but not be limited to 7 artwork, crafts, clothing, agricultural products and any other articles 8 which can be construed to propagate tourism within the region. 9 (vii) Notwithstanding any provision of law to the contrary, another 10 business or other businesses may operate on the licensed premises 11 subject to such rules and regulations as the liquor authority may 12 prescribe. Such rules and regulations shall determine which businesses 13 will be compatible with the policy and purposes of this chapter and 14 shall consider the effect of particular businesses on the community and 15 area in the vicinity of the micro distillery premises, provided however 16 that a retailer business licensed under this chapter shall not be 17 permitted to operate at a licensed manufacturing premises. 18 (f) The holder of a license authorized by this subdivision may operate 19 up to five branch offices located away from the licensed premises. Such 20 locations shall be considered part of the licensed premises and all 21 activities allowed at and limited to the micro-distillery may be 22 conducted at the branch offices. Such branch offices shall not be 23 located within, share a common entrance and exit with, or have any inte- 24 rior access to any other business, including premises licensed to sell 25 alcoholic beverages at retail. Prior to commencing operation of any such 26 branch office, the licensee shall notify the authority of the location 27 of such branch office and the authority may issue a permit for the oper- 28 ation of same. 29 § 4. Paragraph (g) of subdivision 2-c of section 61 of the alcoholic 30 beverage control law, as added by chapter 431 of the laws of 2014, is 31 amended to read as follows: 32 (g) The holder of a license issued under this subdivision may operate 33 up to [one] five branch [office] offices located away from the licensed 34 farm distillery. Such [location] locations shall be considered part of 35 the licensed premises and all activities allowed at and limited to the 36 farm distillery may be conducted at the branch [office] offices. Such 37 branch [office] offices shall not be located within, share a common 38 entrance and exit with, or have any interior access to any other busi- 39 ness, including premises licensed to sell alcoholic beverages at retail. 40 Prior to commencing operation of any such branch [office] offices, the 41 licensee shall notify the authority of the location of such branch 42 [office] offices and the authority may issue a permit for the operation 43 of same. 44 § 5. This act shall take effect immediately. 45 SUBPART J 46 Section 1. Section 104 of the alcoholic beverage control law is 47 amended by adding a new subdivision 12 to read as follows: 48 12. Notwithstanding any provision of law to the contrary, no whole- 49 saler shall assess any fee, including but not limited to fees for stor- 50 age, interest, collections, attorneys, split cases, breakage and deliv- 51 ery, upon any New York state licensed retailer other than the purchase 52 price of alcoholic beverages, provided, however, that the authority may, 53 by rule or regulation, permit the assessment of one or more categories 
 S. 9005 44 A. 10005 1 of fees or charges and may impose such limitations, conditions, and 2 record keeping requirements it deems appropriate. 3 § 2. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date. 8 SUBPART K 9 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 10 section 101 of the alcoholic beverage control law, as amended by chapter 11 318 of the laws of 2016, is amended to read as follows: 12 Be interested directly or indirectly in any premises where any alco- 13 holic beverage is sold at retail; or in any business devoted wholly or 14 partially to the sale of any alcoholic beverage at retail by stock 15 ownership, interlocking directors, mortgage or lien or any personal or 16 real property, or by any other means, except that nothing in this 17 section shall prohibit a licensed manufacturer or any owner of any out- 18 of-state premises where liquors, wines, or beer are manufactured from 19 owning up to three licensed retail premises for on-premises consumption 20 where such manufacturer is owned by the same person or corporate entity 21 as such retailer or retailers and where such retailer or retailers 22 utilize a substantially similar corporate name and/or d/b/a as the 23 manufacturer. For purposes of this chapter, said licensed manufacturer 24 or owner of any out-of-state premises where liquors, wines, or beer are 25 manufactured shall be deemed to be owned by the same corporate entity as 26 such retailer or retailers if a majority of each class of stock of each 27 such corporation is owned by the same person. The provisions of this 28 paragraph shall not apply to 29 § 2. Paragraph (e) of subdivision 1 of section 101 of the alcoholic 30 beverage control law, as added by chapter 557 of the laws of 1964, is 31 amended to read as follows: 32 (e) The prohibitions and restrictions contained in paragraphs [b, c 33 and d above] (b), (c) and (d) of this subdivision shall not apply to any 34 contractual arrangements between a licensed manufacturer [or wholesaler] 35 or any owner of any out-of-state premises where liquors, wines, or beer 36 are manufactured and [a] up to three licensed [retailer] retail premises 37 for on-premises consumption where such manufacturer [or wholesaler has 38 made a substantial investment, directly or through such retailer, in the 39 construction, capitalization or furnishing of any exhibit, facility or 40 installation in the area leased by the city of New York to New York 41 World's Fair 1964-1965 Corporation, pursuant to chapter four hundred 42 twenty-eight of the laws of nineteen hundred sixty, as amended, and such 43 retailer is conducting his business as a part of such exhibit or instal- 44 lation or is responsible to such corporation for the construction, oper- 45 ation or maintenance of such exhibit, facility or installation. This 46 modification to the prohibitions and restrictions contained in this 47 paragraph shall continue until November first, nineteen hundred sixty- 48 five] is owned by the same person or corporate entity as such retailer 49 or retailers. 50 § 3. The opening paragraph of paragraph (a) of subdivision 13 of 51 section 106 of the alcoholic beverage control law, as amended by chapter 52 453 of the laws of 2018, is amended to read as follows: 53 No retail licensee for on-premises consumption shall be interested, 54 directly or indirectly, in any premises where liquors, wines or beer are 
 S. 9005 45 A. 10005 1 manufactured or sold at wholesale, by stock ownership, interlocking 2 directors, mortgage or lien on any personal or real property or by any 3 other means, except that nothing shall prohibit a licensed manufacturer 4 or any owner of any out-of-state premises where liquors, wines, or beer 5 are manufactured, from holding up to three licensed retail premises for 6 on-premises consumption where such manufacturer is owned by the same 7 person or corporate entity as such retailer or retailers, and except 8 that liquors, wines or beer may be manufactured or sold wholesale by the 9 person licensed as a manufacturer or wholesaler thereof: 10 § 4. This act shall take effect on the ninetieth day after it shall 11 have become a law. 12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 13 sion, section or part of this act shall be adjudged by any court of 14 competent jurisdiction to be invalid, such judgment shall not affect, 15 impair, or invalidate the remainder thereof, but shall be confined in 16 its operation to the clause, sentence, paragraph, subdivision, section 17 or part thereof directly involved in the controversy in which such judg- 18 ment shall have been rendered. It is hereby declared to be the intent of 19 the legislature that this act would have been enacted even if such 20 invalid provisions had not been included herein. 21 § 3. This act shall take effect immediately provided, however, that 22 the applicable effective date of Subparts A through K of this part shall 23 be as specifically set forth in the last section of such Subparts. 24 PART P 25 Section 1. This act enacts into law components of legislation relating 26 to alcoholic beverage licensing. Each component is wholly contained 27 within a Part identified as Subparts A through H. The effective date for 28 each particular provision contained within such Subpart is set forth in 29 the last section of such Subpart. Any provision in any section 30 contained within a Subpart, including the effective date of the Subpart, 31 which makes reference to a section "of this act", when used in 32 connection with that particular component, shall be deemed to mean and 33 refer to the corresponding section of the Subpart in which it is found. 34 Section three of this act sets forth the general effective date of this 35 act. 36 SUBPART A 37 Section 1. The alcoholic beverage control law is amended by adding a 38 new section 64-g to read as follows: 39 § 64-g. License to sell liquor on premises at an adult care facility. 40 1. Any adult care facility licensed by the department of health may make 41 an application to the state liquor authority for an adult care facility 42 license. 43 2. Such application shall be in such form and shall contain such 44 information as shall be required by the liquor authority and shall be 45 accompanied by a check or draft in the amount required by this article 46 for such license. 47 3. Section fifty-four of this chapter shall control so far as applica- 48 ble to the procedure in connection with such application. 49 4. Such adult care facility license shall in form and in substance be 50 a license to the adult care facility to operate one or more food and 51 drinking establishments on its premises as defined by article 52 forty-six-B of the public health law. Such license shall also be deemed 
 S. 9005 46 A. 10005 1 to include a license to sell liquor, wine, beer, cider, mead and/or 2 braggot at retail for consumption on its premises so licensed exclusive- 3 ly to residents and guests of residents of the adult care facility, and 4 also to sell alcoholic beverages for service on its premises for resi- 5 dents and guests of residents in areas designated by the applicant for 6 alcoholic beverage consumption in the manner prescribed by rule or regu- 7 lation of the authority. 8 5. All of the provisions of this chapter relative to licenses to sell 9 liquor, wine, beer, cider, mead and/or braggot at retail for consumption 10 on the premises shall apply as far as applicable to such application. 11 § 2. Section 66 of the alcoholic beverage control law is amended by 12 adding a new subdivision 11 to read as follows: 13 11. The fee for an original and renewal adult care facility on-premis- 14 es license shall be five hundred dollars. Such license shall run for a 15 period of three years. In addition to the license fees provided for in 16 this subdivision, there shall be paid to the authority with each 17 original application a filing fee of two hundred dollars and with each 18 renewal application a filing fee of one hundred dollars. 19 § 3. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law. Effective immediately, the addition, amend- 21 ment and/or repeal of any rule or regulation necessary for the implemen- 22 tation of this act on its effective date are authorized to be made and 23 completed on or before such effective date. 24 SUBPART B 25 Section 1. Section 3 of the alcoholic beverage control law is amended 26 by adding a new subdivision 2-a to read as follows: 27 2-a. "Airline lounge" means and includes any premises located within 28 an airport and such premises is owned, leased, or operated by a United 29 States certificated airline which regularly and in a bona fide manner 30 furnishes provisions and services therein. 31 § 2. Section 106 of the alcoholic beverage control law is amended by 32 adding a new subdivision 8-a to read as follows: 33 8-a. A license issued for premises being conducted as an airline 34 lounge shall authorize the holder thereof to provide alcoholic beverages 35 for on-premises consumption only to persons with lounge access privi- 36 leges as authorized by the airline. Food shall be made regularly avail- 37 able to such persons for consumption on the premises. The availability 38 of sandwiches, soups or other foods, whether fresh, processed, pre- 39 cooked or frozen, shall be deemed compliance with this requirement. The 40 licensed premises shall comply at all times with all the regulations of 41 the local department of health. Nothing contained in this subdivision, 42 however, shall be construed to require that any food be sold or 43 purchased with any liquor, nor shall any rule, regulation or standard be 44 promulgated or enforced requiring that the sale of food be substantial 45 or that the receipts of the business other than from the sale of liquor 46 equal any set percentage of total receipts from sales made therein. 47 § 3. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Effective immediately, the addition, amend- 49 ment and/or repeal of any rule or regulation necessary for the implemen- 50 tation of this act on its effective date are authorized to be made and 51 completed on or before such effective date. 52 SUBPART C 
 S. 9005 47 A. 10005 1 Section 1. Section 3 of the alcoholic beverage control law is amended 2 by adding a new subdivision 7-aa to read as follows: 3 7-aa. "Cafe" means a place which is regularly and in a bona fide 4 manner open for the service of light fare but not necessarily full 5 entrees to guests for compensation and featuring adequate food prepara- 6 tion facilities for keeping of food on said premises in compliance with 7 all the regulations of the local department of health, and where food is 8 prepared and served for consumption on the premises in such quantities 9 as to satisfy the liquor authority that the sale of alcoholic beverages 10 intended is incidental to and not the prime source of revenue from the 11 operation of such premises. For the purposes of a cafe, "guests" means 12 persons who, during the hours when meals are regularly served therein, 13 come to a cafe for the purpose of obtaining, and actually order and 14 obtain at such time, in good faith, freshly prepared light fare therein. 15 Nothing contained in this subdivision shall be construed to require that 16 any food be sold or purchased with any beverage. 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law. Effective immediately, the addition, amend- 19 ment and/or repeal of any rule or regulation necessary for the implemen- 20 tation of this act on its effective date are authorized to be made and 21 completed on or before such effective date. 22 SUBPART D 23 Section 1. The alcoholic beverage control law is amended by adding a 24 new section 64-h to read as follows: 25 § 64-h. Higher education on-premises license. 1. Any college, univer- 26 sity, or other institution for higher education authorized to confer 27 degrees by the board of regents or the commissioner of education may 28 make an application to the state liquor authority for a higher education 29 license. 30 2. Such application shall be in such form and shall contain such 31 information as shall be required by the liquor authority and shall be 32 accompanied by a check or draft in the amount required by this section 33 for such license. 34 3. Section fifty-four of this chapter shall control so far as applica- 35 ble to the procedure in connection with such application. 36 4. Such higher education license shall in form and in substance be a 37 license to the college, university, or other institution for higher 38 education to periodically provide food and beverages for events held on 39 its campus as defined by section two of the education law, and to sell 40 liquor, wine, beer and cider at retail for consumption on the premises 41 so licensed. The event spaces so designated need not be contiguous to 42 one another. Upon notice to the authority, a higher education licensee 43 may also host events, meetings, seminars, or conferences where food and 44 alcoholic beverages are served or available to attendees and where the 45 alcoholic beverages are incidental to the event, at locations on its 46 campus other than those designated as food and drinking establishments 47 in the application, such events may be catered by a licensed caterer. 48 All of the provisions of this chapter relative to licenses to sell 49 liquor, wine, beer, cider, mead and/or braggot at retail for consumption 50 on the premises shall apply so far as applicable to such application. 51 5. Such license shall also be deemed to include a license to manufac- 52 ture liquor, wine, beer, cider, mead and/or braggot on the premises 53 specifically licensed, under the same terms and without payment of any 54 additional fee. Provided, however, that no such licensee shall manufac- 
 S. 9005 48 A. 10005 1 ture annually in excess of ten thousand barrels of beer, seventy-five 2 thousand gallons of wine, seventy-five thousand gallons of cider, or 3 thirty-seven thousand five hundred gallons of distilled spirits. 4 6. A higher education licensee may conduct tastings of any alcoholic 5 beverages it produces: 6 (a) upon its licensed premises; 7 (b) at the state fair, at recognized county fairs and at farmers 8 markets operated on a not-for-profit basis; and 9 (c) at outdoor or indoor gatherings, functions, occasions or events, 10 within the hours fixed by or pursuant to subdivision fourteen of section 11 one hundred five of this chapter, sponsored by a bona fide charitable 12 organization. For the purposes of this paragraph, a bona fide charitable 13 organization shall mean and include any bona fide religious or charita- 14 ble organization or bona fide educational, fraternal or service organ- 15 ization or bona fide organization of veterans or volunteer firefighters, 16 which by its charter, certificate of incorporation, constitution, or act 17 of the legislature, shall have among its dominant purposes one or more 18 of the lawful purposes as defined in subdivision five of section one 19 hundred eighty-six of the general municipal law. 20 7. Notwithstanding any other provision of law to the contrary, all 21 alcoholic beverages produced by a higher education licensee and sold on 22 the premises of said higher education licensee, or utilized for tastings 23 as otherwise provided for by this section, shall be exempt from the 24 provisions of sections fifty-five-b, one hundred seven-a, one hundred 25 one-aa, and one hundred one-aaa of this chapter. 26 8. A higher education licensee may sell alcoholic beverages produced 27 by the licensee to another retail licensee where such other license is 28 held by the college, university, or other institution for higher educa- 29 tion. 30 9. For purposes of sections one hundred one and one hundred six of 31 this chapter, the licensee under this section shall be considered a 32 "retailer" as that term is defined within section three of this chapter. 33 Provided, however, that the provisions of subdivision one of section one 34 hundred one and subdivision thirteen of section one hundred six of this 35 chapter shall only apply to the licensee's alcoholic beverage officer, 36 as designated pursuant to subdivision four of section one hundred twen- 37 ty-six of this chapter. 38 10. A higher education licensee shall report to the authority no less 39 than five days prior to all events featuring sales or tastings of alco- 40 holic beverages conducted pursuant to their license during the license 41 period in such manner and format as the authority shall direct. 42 § 2. Subdivision 1 of section 101 of the alcoholic beverage control 43 law is amended by adding a new paragraph (g) to read as follows: 44 (g) In the case of a college, university, or other institution for 45 higher education authorized to confer degrees by the board of regents or 46 the commissioner of education holding a retail license under this chap- 47 ter, the provisions and restrictions contained in paragraphs (b) and (d) 48 of this subdivision shall only apply to such licensee's alcoholic bever- 49 age officer, as designated pursuant to subdivision four of section one 50 hundred twenty-six of this article. 51 § 3. Paragraph (a) of subdivision 1 of section 110 of the alcoholic 52 beverage control law is amended by adding a new clause (iv) to read as 53 follows: 54 (iv) If the applicant is a college, university, or other institution 55 for higher education authorized to confer degrees by the board of 56 regents or the commissioner of education, the corporate name of the 
 S. 9005 49 A. 10005 1 applicant, its place of incorporation, its main business address (and if 2 such main business address is not within the state, the address of its 3 main place of business within the state), other names by which it has 4 been known or has conducted business at any time, its telephone number, 5 its federal employer identification number, and the name of its alcohol- 6 ic beverage officer. 7 § 4. Subdivision 4 of section 126 of the alcoholic beverage control 8 law, as amended by chapter 669 of the laws of 2022, is amended to read 9 as follows: 10 4. A copartnership or a corporation, unless each member of the part- 11 nership, or each of the principal officers and directors of the corpo- 12 ration, is a citizen of the United States or a noncitizen lawfully 13 admitted for permanent residence in the United States, not less than 14 twenty-one years of age, and has not been convicted of any felony or any 15 of the misdemeanors, specified in section eleven hundred forty-six of 16 the former penal law as in force and effect immediately prior to Septem- 17 ber first, nineteen hundred sixty-seven, or of an offense defined in 18 section 230.20 or 230.40 of the penal law, or if so convicted has 19 received, subsequent to such conviction, an executive pardon therefor 20 removing this disability a certificate of good conduct granted by the 21 department of corrections and community supervision, or a certificate of 22 relief from disabilities granted by the department of corrections and 23 community supervision or a court of this state pursuant to the 24 provisions of article twenty-three of the correction law to remove the 25 disability under this section because of such conviction; provided 26 however: that a corporation which otherwise conforms to the requirements 27 of this section and chapter may be licensed if each of its principal 28 officers and more than one-half of its directors are citizens of the 29 United States or noncitizens lawfully admitted for permanent residence 30 in the United States; and provided further that a corporation organized 31 under the not-for-profit corporation law or the education law which 32 otherwise conforms to the requirements of this section and chapter may 33 be licensed if each of its principal officers and more than one-half of 34 its directors are not less than twenty-one years of age and none of its 35 directors are less than eighteen years of age; and provided further that 36 a corporation organized under the not-for-profit corporation law or the 37 education law and located on the premises of a college as defined by 38 section two of the education law which otherwise conforms to the 39 requirements of this section and chapter may be licensed if each of its 40 principal officers and each of its directors are not less than eighteen 41 years of age; and that a college, university, or other institution for 42 higher education authorized to confer degrees by the board of regents or 43 the commissioner of education may be licensed if it appoints an alcohol- 44 ic beverage officer from among its officers who otherwise conforms to 45 the requirements of this section and chapter and who shall be responsi- 46 ble for filing all applications and other documents required to be 47 submitted to the authority. 48 § 5. Section 66 of the alcoholic beverage control law is amended by 49 adding a new subdivision 12 to read as follows: 50 12. The fee for an original and renewal higher education on-premises 51 license shall be one thousand five hundred dollars. Such license shall 52 run for a period of three years. In addition to the license fees 53 provided for in this subdivision, there shall be paid to the authority 54 with each original application a filing fee of two hundred dollars and 55 with each renewal application a filing fee of one hundred dollars. 
 S. 9005 50 A. 10005 1 § 6. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law. Effective immediately, the addition, amend- 3 ment and/or repeal of any rule or regulation necessary for the implemen- 4 tation of this act on its effective date are authorized to be made and 5 completed on or before such effective date. 6 SUBPART E 7 Section 1. The alcoholic beverage control law is amended by 8 adding a new section 79-e to read as follows: 9 § 79-e. Hotel concessionaire license. 1. Any person may apply to the 10 authority for a license to sell unopened alcoholic beverages to go from 11 a shop or concession stand located within a hotel. 12 2. (a) Such hotel concessionaire license shall in form and in 13 substance enable the person specifically licensed to sell wine, beer, 14 cider, mead, braggot, and wine products at not more than fifteen percent 15 alcohol by volume and in sealed containers not to exceed seven hundred 16 fifty milliliters. 17 (b) Any person holding a hotel concessionaire license shall only sell 18 alcoholic beverages described in paragraph (a) of this subdivision above 19 at retail exclusively to registered overnight guests staying at the 20 hotel at the time of the sale. 21 3. A license issued under this section shall be confined to a clearly 22 defined area within a hotel as disclosed to the authority. Provided, 23 however, that a hotel concessionaire licensee may use space shared with 24 the hotel in which the licensed premises is located to keep and maintain 25 any books and records required by this chapter and to store alcoholic 26 beverages. Such shared space shall be disclosed to and approved by the 27 authority. 28 4. The holder of a hotel concessionaire license shall take the follow- 29 ing actions to prevent the occurrence of prohibited sales as described 30 in section sixty-five of this chapter: 31 (a) The hotel shop or concession stand licensed under this section 32 must be directly supervised by the licensee, a hired manager, or an 33 employee of the licensee during all hours of operation; 34 (b) All sales of alcoholic beverages in the licensed hotel shop or 35 concession stand must be made by a person holding a certificate of 36 completion issued by an alcohol training awareness program pursuant to 37 subdivision twelve of section seventeen or subdivision ten of section 38 eighteen of this chapter; 39 (c) The holder of a hotel concessionaire license must obtain an age 40 verification scanner and keep it in the hotel shop or concession stand 41 licensed under this section; 42 (d) The persons making the sale of alcohol in the licensed hotel shop 43 or concession stand must use a scanner to verify the age of customers 44 before completing the transaction; and 45 (e) All other preventative measures as deemed necessary by the author- 46 ity. 47 5. Every hotel concessionaire licensee shall regularly keep food 48 available for sale in the shop or concession stand located within the 49 hotel. The availability of sandwiches, soups or other foods, whether 50 fresh, processed, pre-cooked or frozen, shall be deemed compliance with 51 this requirement. 52 6. (a) Any person receiving a hotel concessionaire license under this 53 section shall be subject to the provisions of sections one hundred five 
 S. 9005 51 A. 10005 1 and one hundred five-b of this chapter, unless determined otherwise by 2 the authority pursuant to subdivision ten of this section. 3 (b) Any premises licensed under this section and any space shared with 4 a hotel in which said premises is located shall be subject to inspection 5 by any peace officer described in subdivision four of section 2.10 of 6 the criminal procedure law acting pursuant to their special duties, or 7 police officer or any duly authorized representative of the state liquor 8 authority, during the hours when said premises are open for the trans- 9 action of business. 10 7. Not withstanding any other provisions of this chapter, any hotel 11 business operator with a license issued under this chapter to sell alco- 12 holic beverages at retail for consumption on the premises at such hotel 13 may apply to the authority for a hotel concessionaire license. 14 8. The fee for a hotel concessionaire license shall be one thousand 15 nine hundred twenty dollars in the counties of New York, Kings, Bronx, 16 and Queens; nine hundred sixty dollars in the county of Richmond and in 17 cities having a population of more than one hundred thousand and less 18 than one million; and four hundred thirty-five dollars elsewhere. Said 19 license shall run for a period of three years. In addition to the 20 license fees provided for in this subdivision, there shall be paid to 21 the authority with each initial application a non-refundable filing fee 22 of one hundred dollars and with each renewal application a non-refunda- 23 ble filing fee of twenty-five dollars. 24 9. Such application shall be in such form and shall contain such 25 information as shall be required by the rules of the authority and shall 26 be accompanied by a check or draft in the amount required by subdivision 27 eight of this section. 28 10. The authority may promulgate such rules and regulations as may be 29 deemed necessary to carry out the provisions of this section. 30 § 2. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law. Effective immediately, the addition, amend- 32 ment and/or repeal of any rule or regulation necessary for the implemen- 33 tation of this act on its effective date are authorized to be made and 34 completed on or before such effective date. 35 SUBPART F 36 Section 1. The alcoholic beverage control law is amended by adding a 37 new section 99-i to read as follows: 38 § 99-i. Early morning sports bar on-premises permit. 1. Notwithstand- 39 ing any provision of law or rule to the contrary, anyone licensed pursu- 40 ant to this chapter with the privilege of selling alcoholic beverages at 41 retail for on-premises consumption may make an application to the 42 authority for an early morning sports bar on-premises permit. 43 2. Such application shall be in such form as the authority shall 44 prescribe and shall contain such information as shall be required by the 45 authority and shall be accompanied by a check or draft in the amount of 46 one thousand dollars for such permit. A filing fee of twenty dollars 47 shall be assessed for permits issued pursuant to this section. If 48 approved, such permit term shall run for the same license period as the 49 underlying on-premises retail license. 50 3. Such permit shall authorize the operation of the underlying 51 licensed premises for on-premises retail sales during the hours of seven 52 o'clock a.m. to eight o'clock a.m. Monday through Saturday, and seven 53 o'clock a.m. to ten o'clock a.m. on Sundays, on days when a live tele- 54 vised major professional or international sporting event is played 
 S. 9005 52 A. 10005 1 during those hours in the eastern daylight time/eastern standard time 2 time zone on that date. 3 4. Section fifty-four of this chapter shall control so far as applica- 4 ble to the procedure in connection with such application. 5 5. An applicant for a permit under this section shall provide notice 6 to the local municipality of such application as provided in section one 7 hundred ten-b of this chapter. 8 6. Such permit and the exercise of the privileges granted thereunder 9 shall be subject to such rules that the authority may deem necessary. 10 § 2. Paragraphs (a) and (b) of subdivision 5 of section 106 of the 11 alcoholic beverage control law, paragraph (a) as amended by chapter 160 12 of the laws of 2024 and paragraph (b) as amended by section 1 of part FF 13 of chapter 55 of the laws of 2020, are amended to read as follows: 14 (a) Except as provided in paragraph (c) of this subdivision, on 15 Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to 16 a permit issued under section ninety-nine-h [or], subdivision five of 17 section ninety-seven [of this chapter] or a permit issued under section 18 ninety-nine-i of this chapter. 19 (b) Except as provided in paragraph (c) of this subdivision, on any 20 other day between four ante meridiem and eight ante meridiem, except 21 pursuant to a permit issued under section ninety-nine-i of this chapter. 22 § 3. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law. Effective immediately, the addition, amend- 24 ment and/or repeal of any rule or regulation necessary for the implemen- 25 tation of this act on its effective date are authorized to be made and 26 completed on or before such effective date. 27 SUBPART G 28 Section 1. Section 53 of the alcoholic beverage control law, as 29 amended by chapter 3 of the laws of 2021, is amended to read as follows: 30 § 53. Wholesaler's license. Any person may apply to the liquor author- 31 ity for a license to sell beer at wholesale. Such application shall be 32 in writing and verified and shall contain such information as the liquor 33 authority shall require. Such application shall be accompanied by a 34 check or draft for the amount required by this article for such license. 35 If the liquor authority shall grant the application it shall issue a 36 license in such form as shall be determined by its rules. Such a license 37 shall contain a description of the licensed premises and in form and in 38 substance shall be a license to the person therein specifically desig- 39 nated to sell beer at wholesale in the premises therein specifically 40 licensed to duly licensed wholesalers, retailers and permittees in this 41 state, and to sell or deliver beer to persons outside the state pursuant 42 to the laws of the place of such sale or delivery. A wholesaler's 43 license [issued or renewed prior to July first, nineteen hundred sixty, 44 and thereafter renewed or transferred,] shall authorize the holder ther- 45 eof to sell beer at retail [to a person for consumption in his home; 46 provided, however, that regardless of the date issued, renewed or trans- 47 ferred, a wholesaler's license issued to a brewer or to the wholly-owned 48 subsidiary of a brewer, shall authorize the holder thereof to sell beer 49 at retail to a person for consumption in his home] for off-premises 50 consumption. 51 § 2. This act shall take effect immediately and shall apply to all 52 applications submitted to the authority on or after such effective date. 53 Effective immediately, the addition, amendment and/or repeal of any rule 54 or regulation necessary for the implementation of this act on its effec- 
 S. 9005 53 A. 10005 1 tive date are authorized to be made and completed on or before such 2 effective date. 3 SUBPART H 4 Section 1. Subdivision 3 of section 17 of the alcoholic beverage 5 control law, as separately amended by section 4 of chapter 342 and 6 section 2 of chapter 656 of the laws of 2025, is amended to read as 7 follows: 8 3. To revoke, cancel or suspend for cause any license or permit issued 9 under this chapter and/or to impose a civil penalty for cause against 10 any holder of a license or permit issued pursuant to this chapter. Any 11 civil penalty so imposed shall not exceed the sum of ten thousand 12 dollars as against the holder of any retail permit issued pursuant to 13 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, nine- 14 ty-nine-i, and paragraph f of subdivision one of section ninety-nine-b 15 of this chapter, and as against the holder of any retail license issued 16 pursuant to sections fifty-three-a, fifty-four, fifty-four-a, fifty- 17 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 18 sixty-four-c, sixty-four-d, sixty-four-e, sixty-four-f, sixty-four-g, 19 sixty-four-h, seventy-six-f, seventy-nine, eighty-one and eighty-one-a 20 of this chapter, and the sum of thirty thousand dollars as against the 21 holder of a license issued pursuant to sections thirty, thirty-one, 22 thirty-five, fifty-three, fifty-nine-b, sixty-one-a, sixty-one-b, 23 sixty-one-c, sixty-eight, seventy-six, seventy-six-a, [and] 24 seventy-six-c, seventy-six-d, seventy-six-f, seventy-seven, seventy- 25 eight and seventy-nine-c of this chapter, provided that the civil penal- 26 ty against the holder of a wholesale license issued pursuant to section 27 fifty-three of this chapter shall not exceed the sum of ten thousand 28 dollars where that licensee violates provisions of this chapter during 29 the course of the sale of beer at retail to a person for consumption at 30 home, and the sum of one hundred thousand dollars as against the holder 31 of any license issued pursuant to sections fifty-one, sixty-one, and 32 sixty-two of this chapter. Any civil penalty so imposed shall be in 33 addition to and separate and apart from the terms and provisions of the 34 bond required pursuant to section one hundred twelve of this chapter. 35 Provided that no appeal is pending on the imposition of such civil 36 penalty, in the event such civil penalty imposed by the division remains 37 unpaid, in whole or in part, more than forty-five days after written 38 demand for payment has been sent by first class mail to the address of 39 the licensed premises, a notice of impending default judgment shall be 40 sent by first class mail to the licensed premises and by first class 41 mail to the last known home address of the person who signed the most 42 recent license application. The notice of impending default judgment 43 shall advise the licensee: (a) that a civil penalty was imposed on the 44 licensee; (b) the date the penalty was imposed; (c) the amount of the 45 civil penalty; (d) the amount of the civil penalty that remains unpaid 46 as of the date of the notice; (e) the violations for which the civil 47 penalty was imposed; and (f) that a judgment by default will be entered 48 in the supreme court of the county in which the licensed premises are 49 located, or other court of civil jurisdiction or any other place 50 provided for the entry of civil judgments within the state of New York 51 unless the division receives full payment of all civil penalties due 52 within twenty days of the date of the notice of impending default judg- 53 ment. If full payment shall not have been received by the division with- 54 in thirty days of mailing of the notice of impending default judgment, 
 S. 9005 54 A. 10005 1 the division shall proceed to enter with such court a statement of the 2 default judgment containing the amount of the penalty or penalties 3 remaining due and unpaid, along with proof of mailing of the notice of 4 impending default judgment. The filing of such judgment shall have the 5 full force and effect of a default judgment duly docketed with such 6 court pursuant to the civil practice law and rules and shall in all 7 respects be governed by that chapter and may be enforced in the same 8 manner and with the same effect as that provided by law in respect to 9 execution issued against property upon judgments of a court of record. A 10 judgment entered pursuant to this subdivision shall remain in full force 11 and effect for eight years notwithstanding any other provision of law. 12 § 2. Subdivision 6 of section 64-a of the alcoholic beverage control 13 law, as amended by section 2 of part CC of chapter 55 of the laws of 14 2024, is amended to read as follows: 15 6. No special on-premises license shall be granted except for premises 16 in which the principal business shall be (a) the sale of food or bever- 17 ages at retail for consumption on the premises; (b) an airline lounge; 18 (c) a cafe or [(b)] (d) the operation of a legitimate theatre, including 19 a motion picture theatre that is a building or facility which is regu- 20 larly used and kept open primarily for the exhibition of motion pictures 21 for at least five out of seven days a week, or on a regular seasonal 22 basis of no less than six contiguous weeks, to the general public where 23 all auditorium seating is permanently affixed to the floor and at least 24 sixty-five percent of the motion picture theatre's annual gross revenues 25 is the combined result of admission revenue for the showing of motion 26 pictures and the sale of food and non-alcoholic beverages, or such other 27 lawful adult entertainment or recreational facility as the liquor 28 authority, giving due regard to the convenience of the public and the 29 strict avoidance of sales prohibited by this chapter, shall by regu- 30 lation classify for eligibility. 31 § 3. Subdivision 6 of section 64-a of the alcoholic beverage control 32 law, as amended by chapter 475 of the laws of 2011, is amended to read 33 as follows: 34 6. No special on-premises license shall be granted except for premises 35 in which the principal business shall be (a) the sale of food or bever- 36 ages at retail for consumption on the premises; (b) an airline lounge; 37 (c) a cafe or [(b)] (d) the operation of a legitimate theatre or such 38 other lawful adult entertainment or recreational facility as the liquor 39 authority, giving due regard to the convenience of the public and the 40 strict avoidance of sales prohibited by this chapter, shall by regu- 41 lation classify for eligibility. Nothing contained in this subdivision 42 shall be deemed to authorize the issuance of a license to a motion 43 picture theatre, except those meeting the definition of restaurant and 44 meals, and where all seating is at tables where meals are served. 45 § 4. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law; provided however, that the amendments to 47 subdivision 3 of section 17 of the alcoholic beverage control law made 48 by section one of this act shall be subject to the expiration of such 49 subdivision and shall expire and be deemed repealed therewith; provided 50 further, however, that the amendments to subdivision 6 of section 64-a 51 of the alcoholic beverage control law made by section two of this act 52 shall be subject to the expiration and reversion of such subdivision 53 pursuant to section 5 of part CC of chapter 55 of the laws of 2024, as 54 amended, when upon such date the provisions of section three of this act 55 shall take effect. Effective immediately, the addition, amendment 56 and/or repeal of any rule or regulation necessary for the implementation 
 S. 9005 55 A. 10005 1 of this act on its effective date are authorized to be made and 2 completed on or before such effective date. 3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 4 sion, section or part of this act shall be adjudged by any court of 5 competent jurisdiction to be invalid, such judgment shall not affect, 6 impair, or invalidate the remainder thereof, but shall be confined in 7 its operation to the clause, sentence, paragraph, subdivision, section 8 or part thereof directly involved in the controversy in which such judg- 9 ment shall have been rendered. It is hereby declared to be the intent of 10 the legislature that this act would have been enacted even if such 11 invalid provisions had not been included herein. 12 § 3. This act shall take effect immediately, provided, however, that 13 the applicable effective date of Subparts A through H of this act shall 14 be as specifically set forth in the last section of such Subparts. 15 PART Q 16 Section 1. The alcoholic beverage control law is amended by adding a 17 new section 64-g to read as follows: 18 § 64-g. Dine and dance license. 1. Any person may make an application 19 to the state liquor authority for a license to sell liquor at retail to 20 be consumed on the premises of a dine and dance licensee. Such licenses 21 shall be issued except for good cause shown and shall in form and in 22 substance be a license to the person specifically licensed to sell 23 liquors at retail, to be consumed upon the premises. Such license shall 24 also be deemed to include a license to sell wine, beer, cider, mead 25 and/or braggot at retail to be consumed under the same terms and condi- 26 tions, without the payment of any additional fee. All of the provisions 27 of this chapter relative to licenses to sell liquor, wine, beer, cider, 28 mead and/or braggot at retail for consumption on the premises shall 29 apply so far as applicable to such application. 30 2. Such application shall be in such form and shall contain such 31 information as shall be required by the liquor authority and shall be 32 accompanied by a check or draft in the amount required by this chapter 33 for such licenses. 34 3. Section fifty-four of this chapter shall control, so far as appli- 35 cable, the procedure in connection with such application. 36 4. Under this section, permissible methods of operation include live 37 and/or recorded and/or DJ music and shall also specifically provide for 38 patron and/or employee dancing, provided that such dancing shall not 39 include exotic dancing. The liquor authority may promulgate such rules 40 and regulations as deemed necessary to carry out the provisions of this 41 section. 42 5. Every dine and dance licensee shall keep food available for sale to 43 its customers for consumption on the premises. The availability of sand- 44 wiches, soups or comparable foods, whether fresh, processed, pre-cooked 45 or frozen, during such hours of operation shall be deemed compliance 46 with this requirement. Nothing contained in this subdivision, however, 47 shall be construed to require that any food be sold or purchased with 48 any liquor. 49 6. The authority may consider any or all of the following in determin- 50 ing whether public convenience and advantage and the public interest 51 will be promoted by the granting of licenses under this section: 52 (a) the number, classes and character of licenses in proximity to the 53 location and in the particular municipality or subdivision thereof; 
 S. 9005 56 A. 10005 1 (b) evidence that applicants have secured all necessary licenses and 2 permits from the state and all other governing bodies; 3 (c) the effect that the granting of the license will have on vehicular 4 traffic and parking in the proximity of the location; 5 (d) the existing noise level at the location and any increase in noise 6 level that would be generated by the proposed premises; 7 (e) the history of liquor violations and reported criminal activity at 8 the proposed premises; and 9 (f) any other factors specified by law or regulation that are relevant 10 to determine the public convenience or advantage and necessary to find 11 that the granting of such license shall be in the public interest. 12 7. No restaurant dine and dance license shall be granted for any prem- 13 ises which shall be: 14 (a) on the same street or avenue and within two hundred feet of a 15 building occupied exclusively as a school, church, synagogue or other 16 place of worship; or 17 (b) in a city, town or village having a population of twenty thousand 18 or more within five hundred feet of three or more existing premises 19 licensed and operating pursuant to this section and sections sixty-four, 20 sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty- 21 four-f of this article; 22 (c) the measurements in paragraphs (a) and (b) of this subdivision are 23 to be taken in straight lines from the center of the nearest entrance of 24 the premises sought to be licensed to the center of the nearest entrance 25 of such school, church, synagogue or other place of worship or to the 26 center of the nearest entrance of each such premises licensed and oper- 27 ating pursuant to this section and sections sixty-four, sixty-four-a, 28 sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this 29 article; except, however, that no renewal license shall be denied 30 because of such restriction to any premises so located which were main- 31 tained as a bona fide hotel, restaurant, catering establishment or club 32 on or prior to December fifth, nineteen hundred thirty-three; and, 33 except that no license shall be denied to any premises at which a 34 license under this chapter has been in existence continuously from a 35 date prior to the date when a building on the same street or avenue and 36 within two hundred feet of said premises has been occupied exclusively 37 as a school, church, synagogue or other place of worship; and except 38 that no license shall be denied to any premises, which is within five 39 hundred feet of three or more existing premises licensed and operating 40 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 41 four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article, 42 at which a license under this chapter has been in existence continuously 43 on or prior to November first, nineteen hundred ninety-three. The liquor 44 authority, in its discretion, may authorize the removal of any such 45 licensed premises to a different location on the same street or avenue, 46 within two hundred feet of said school, church, synagogue or other place 47 of worship, provided that such new location is not within a closer 48 distance to such school, church, synagogue or other place of worship. 49 (d) within the context of this subdivision, the word "entrance" shall 50 mean a door of a school, of a house of worship, or of premises licensed 51 and operating pursuant to this section and sections sixty-four, sixty- 52 four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of 53 this article or of the premises sought to be licensed, regularly used to 54 give ingress to students of the school, to the general public attending 55 the place of worship, and to patrons or guests of the premises licensed 56 and operating pursuant to this section and sections sixty-four, sixty- 
 S. 9005 57 A. 10005 1 four-a, sixty-four-b, sixty-four-c, sixty-four-d and/or sixty-four-f of 2 this article or of the premises sought to be licensed, except that where 3 a school or house of worship or premises licensed and operating pursuant 4 to this section and sections sixty-four, sixty-four-a, sixty-four-b, 5 sixty-four-c, sixty-four-d, and/or sixty-four-f of this article or the 6 premises sought to be licensed is set back from a public thoroughfare, 7 the walkway or stairs leading to any such door shall be deemed an 8 entrance; and the measurement shall be taken to the center of the walk- 9 way or stairs at the point where it meets the building line or public 10 thoroughfare. A door which has no exterior hardware, or which is used 11 solely as an emergency or fire exit, or for maintenance purposes, or 12 which leads directly to a part of a building not regularly used by the 13 general public or patrons, is not deemed an "entrance". 14 (d-1) within the context of this subdivision, a building occupied as a 15 place of worship does not cease to be "exclusively" occupied as a place 16 of worship by incidental uses that are not of a nature to detract from 17 the predominant character of the building as a place of worship, such 18 uses which include, but which are not limited to: the conduct of legally 19 authorized games of bingo or other games of chance held as a means of 20 raising funds for the not-for-profit religious organization which 21 conducts services at the place of worship or for other not-for-profit 22 organizations or groups; use of the building for fund-raising perform- 23 ances by or benefitting the not-for-profit religious organization which 24 conducts services at the place of worship or other not-for-profit organ- 25 izations or groups; the use of the building by other religious organiza- 26 tions or groups for religious services or other purposes; the conduct of 27 social activities by or for the benefit of the congregants; the use of 28 the building for meetings held by organizations or groups providing 29 bereavement counseling to persons having suffered the loss of a loved 30 one, or providing advice or support for conditions or diseases includ- 31 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral 32 palsy, Parkinson's disease, or Alzheimer's disease; the use of the 33 building for blood drives, health screenings, health information meet- 34 ings, yoga classes, exercise classes or other activities intended to 35 promote the health of the congregants or other persons; and use of the 36 building by non-congregant members of the community for private social 37 functions. The building occupied as a place of worship does not cease to 38 be "exclusively" occupied as a place of worship where the not-for-profit 39 religious organization occupying the place of worship accepts the 40 payment of funds to defray costs related to another party's use of the 41 building. 42 8. Any license issued pursuant to this section shall be subject to 9 43 NYCRR §48.3. 44 § 2. Subdivision 4 of section 66 of the alcoholic beverage control 45 law, as amended by chapter 703 of the laws of 2022, is amended to read 46 as follows: 47 4. The annual fee for a license, under section sixty-four [or], 48 sixty-four-a, sixty-four-b, sixty-four-d, or sixty-four-g of this arti- 49 cle, to sell liquor at retail to be consumed on the premises where sold 50 shall be twenty-one hundred seventy-six dollars in the counties of New 51 York, Kings, Bronx and Queens; fifteen hundred thirty-six dollars in the 52 county of Richmond and in cities having a population of more than one 53 hundred thousand and less than one million; twelve hundred sixteen 54 dollars in cities having a population of more than fifty thousand and 55 less than one hundred thousand; and the sum of eight hundred ninety-six 56 dollars elsewhere; except that the license fees for catering establish- 
 S. 9005 58 A. 10005 1 ments and off-premises catering establishments shall be two-thirds the 2 license fee specified herein and for clubs, except luncheon clubs and 3 golf clubs, shall be seven hundred fifty dollars in counties of New 4 York, Kings, Bronx and Queens; five hundred dollars in the county of 5 Richmond and in cities having a population of more than one hundred 6 thousand and less than one million; three hundred fifty dollars in 7 cities having a population of more than fifty thousand and less than one 8 hundred thousand; and the sum of two hundred fifty dollars elsewhere. 9 The annual fees for luncheon clubs shall be three hundred seventy-five 10 dollars, and for golf clubs in the counties of New York, Kings, Bronx, 11 Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and 12 elsewhere one hundred eighty-seven dollars and fifty cents. Notwith- 13 standing any other provision of law to the contrary, there shall be no 14 annual fee for a license, under section sixty-four, to sell liquor at 15 retail to be consumed on the premises where the applicant is an organ- 16 ization organized under section two hundred sixty of the military law 17 and incorporated pursuant to the not-for-profit corporation law. 18 Provided, however, that where any premises for which a license is issued 19 pursuant to section sixty-four [or], sixty-four-a, or sixty-four-g of 20 this article remain open only within the period commencing April first 21 and ending October thirty-first of any one year, or only within the 22 period commencing October first and ending the following April thirti- 23 eth, the liquor authority may, in its discretion, grant a summer or 24 winter license effective only for such appropriate period of time, for 25 which a license fee shall be paid to be pro-rated for the period for 26 which such license is effective, at the rate provided for in the city, 27 town or village in which such premises are located, except that no such 28 license fee shall be less than one-half of the regular annual license 29 fee; provided further that where the premises to be licensed are a race 30 track or a golf course or are licensed pursuant to section sixty-four or 31 sixty-four-a of this article, the period of such summer license may 32 commence March first and end November thirtieth. 33 Where a hotel, restaurant, club, golf course or race track is open 34 prior to April first and/or subsequent to October thirty-first by reason 35 of the issuance of a caterer's permit or permits issued by the authori- 36 ty, such fact alone shall not affect the eligibility of the premises or 37 the person owning or operating such hotel, restaurant, club, golf course 38 or race track for a summer license. 39 § 3. Section 67 of the alcoholic beverage control law, as amended by 40 chapter 523 of the laws of 2023, is amended to read as follows: 41 § 67. License fees, duration of licenses; fee for part of year. 42 Effective April first, nineteen hundred eighty-three, licenses issued 43 pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four, 44 sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this arti- 45 cle shall be effective for three years at three times that annual fee, 46 except that, in implementing the purposes of this section, the liquor 47 authority shall schedule the commencement dates, duration and expiration 48 dates thereof to provide for an equal cycle of license renewals issued 49 under each such section through the course of the fiscal year. Effective 50 December first, nineteen hundred ninety-eight, licenses issued pursuant 51 to sections sixty-four, sixty-four-a [and], sixty-four-b, sixty-four-d, 52 sixty-four-f, and sixty-four-g of this article shall be effective for 53 two years at two times that annual fee, except that, in implementing the 54 purposes of this section, the liquor authority shall schedule the 55 commencement dates, duration and expiration dates thereof to provide for 56 an equal cycle of license renewals issued under each such section 
 S. 9005 59 A. 10005 1 through the course of the fiscal year. Notwithstanding the foregoing, 2 commencing on December first, nineteen hundred ninety-eight and conclud- 3 ing on July thirty-first, two thousand two, a licensee issued a license 4 pursuant to section sixty-four, sixty-four-a or sixty-four-b of this 5 article may elect to remit the fee for such license in equal annual 6 installments. Such installments shall be due on dates established by the 7 liquor authority and the failure of a licensee to have remitted such 8 annual installments after a due date shall be a violation of this chap- 9 ter. For licenses issued for less than the three-year licensing period, 10 the license fee shall be levied on a pro-rated basis. The entire license 11 fee shall be due and payable at the time of application. The liquor 12 authority may make such rules as shall be appropriate to carry out the 13 purpose of this section. 14 § 4. Subdivision 1 of section 110-a of the alcoholic beverage control 15 law, as added by chapter 77 of the laws of 1999, is amended to read as 16 follows: 17 1. Every person applying for a license to sell alcoholic beverages 18 pursuant to subdivision four of section fifty-one, or section fifty- 19 five, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, 20 sixty-four-d, sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of 21 this chapter shall publish notice thereof pursuant to subdivision two of 22 this section. 23 § 5. Subdivision 1 of section 110-b of the alcoholic beverage control 24 law, as amended by chapter 342 of the laws of 2025, is amended to read 25 as follows: 26 1. Not more than two hundred seventy days before filing any of the 27 following applications, an applicant shall notify the municipality in 28 which the premises is located of such applicant's intent to file such an 29 application: 30 (a) for a license issued pursuant to section fifty-five, fifty-five-a, 31 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, 32 sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter; 33 (b) for a renewal under section one hundred nine of this chapter of a 34 license issued pursuant to section fifty-five, fifty-five-a, sixty-four, 35 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g, 36 eighty-one or eighty-one-a of this chapter if the premises is located 37 within the city of New York; 38 (c) for approval of an alteration under section ninety-nine-d of this 39 chapter if the premises is located within the city of New York and 40 licensed pursuant to section fifty-five, fifty-five-a, sixty-four, 41 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g, 42 eighty-one or eighty-one-a of this chapter; 43 (d) for approval of a substantial corporate change under section nine- 44 ty-nine-d of this chapter if the premises is located within the city of 45 New York and licensed pursuant to section fifty-five, fifty-five-a, 46 sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, 47 sixty-four-g, eighty-one or eighty-one-a of this chapter; or 48 (e) for a temporary retail permit issued under paragraph (b) of subdi- 49 vision one of section ninety-seven-a of this chapter where the estab- 50 lishment is to be licensed pursuant to section fifty-five, fifty-five-a, 51 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, 52 sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter 53 located in a city with a population of one million or more people. If an 54 applicant subject to this paragraph shall, after filing an application 55 for a retail license and providing proper notice for such application 56 pursuant to paragraph (a) of this subdivision, subsequently file an 
 S. 9005 60 A. 10005 1 application for a temporary retail permit pursuant to section ninety- 2 seven-a of this chapter at the same premises, such applicant must file 3 additional notice pursuant to this paragraph; provided, however, such 4 notice will be effective at the later of its proper service under this 5 section or thirty days from the date proper notice was served under 6 paragraph (a) of this subdivision for the license at the same premises. 7 § 6. This act shall take effect on the one hundred eightieth day after 8 it shall have become a law and shall apply to all applications received 9 by the authority on or after such effective date; provided, however, 10 that if chapter 342 of the laws of 2025 shall not have taken effect on 11 or before such date then section five of this act shall take effect on 12 the same date and in the same manner as such chapter of the laws of 2025 13 takes effect. Effective immediately, the addition, amendment, and/or 14 repeal of any rule or regulation necessary for the implementation of 15 this act on its effective date are authorized to be made and completed 16 on or before such effective date. 17 PART R 18 Section 1. Subdivisions 2 and 3 of section 17-212 of the election law, 19 as added by chapter 226 of the laws of 2022, are amended to read as 20 follows: 21 2. (a) Any person, political committee, labor organization, corpo- 22 ration, or other entity, whether acting under color of law or otherwise, 23 who knowingly violates subdivision one of this section is guilty of a 24 class A misdemeanor. 25 (b) Any attempt to commit an offense described in subdivision one of 26 this section, in accordance with the applicable provision of the penal 27 law, is a class B misdemeanor. 28 3. Standing. Any aggrieved persons, organization whose membership 29 includes aggrieved persons or members of a protected class, organization 30 whose mission, in whole or in part, is to ensure voting access and such 31 mission would be hindered by a violation of this section, or the attor- 32 ney general may file an action pursuant to this section in the supreme 33 court of the county in which the alleged violation of this section 34 occurred. 35 [3.] 4. Remedies. (a) The provisions of article twenty and article one 36 hundred five of the penal law, relating to criminal liability for 37 conduct of another and conspiracy, shall apply to prosecutions under 38 this section. 39 (b) Notwithstanding any other provision of law, the attorney general 40 shall have concurrent jurisdiction with any district attorney in the 41 prosecution of any offenses under this section relating to deceptive 42 practices as well as any offenses arising out of such prosecution. 43 (c) Upon a finding of a violation of any provision of this section, 44 the court shall implement appropriate remedies that are tailored to 45 remedy the violation, including but not limited to providing for addi- 46 tional time to cast a ballot that may be counted in the election at 47 issue. Any party who shall violate any of the provisions of the forego- 48 ing section or who shall aid the violation of any of said provisions 49 shall be liable to any prevailing plaintiff party for damages, including 50 nominal damages for any violation, and compensatory or punitive damages 51 for any intentional violation. 52 § 2. Section 17-166 of the election law is amended to read as follows: 53 § 17-166. Penalty. Any person convicted of a misdemeanor under this 54 article shall for a first offense be punished by a sentence of imprison- 
 S. 9005 61 A. 10005 1 ment for not more than one year, or by a fine of not less than one 2 hundred dollars nor more than five hundred dollars, or by both such fine 3 and imprisonment, unless otherwise provided by law. Any person who, 4 having been convicted of a misdemeanor under this article, shall there- 5 after be convicted of another misdemeanor under this article, shall be 6 guilty of a class E felony. For any subsequent conviction under this 7 article, such person shall be guilty of a class D felony. 8 § 3. This act shall take effect immediately. 9 PART S 10 Section 1. Subdivision 5 of section 14-106 of the election law, as 11 added by section 1 of subpart B of part MM of chapter 58 of the laws of 12 2024 and paragraph (b) as amended by chapter 169 of the laws of 2024, is 13 amended to read as follows: 14 5. (a) For purposes of this subdivision: 15 (i) "Materially deceptive media" means any image, video, audio, text, 16 or any technological representation of speech or conduct fully or 17 partially created or modified that: 18 (1) exhibits a high level of authenticity or convincing appearance 19 that is visually or audibly indistinguishable from reality to a reason- 20 able person; 21 (2) depicts a scenario that did not actually occur or that has been 22 altered in a significant way from how [they] it actually occurred; and 23 (3) is created by or with software, machine learning, artificial 24 intelligence, or any other computer-generated or technological means, 25 including adapting, modifying, manipulating, or altering a realistic 26 depiction. 27 (ii) "Information content provider" means any person or entity that is 28 responsible, in whole or in part, for the creation or development of 29 information provided through the Internet or any other interactive 30 computer service. 31 (iii) "Provenance data" has the same meaning as defined in section 32 fifteen hundred thirty of the general business law except that for the 33 purposes of this section, to the extent it is technically feasible and 34 reasonable, "provenance data" shall include unique device, system, or 35 service information that is reasonably capable of being associated with 36 a particular user who created or modified such digital content. 37 (b) (i) A person, firm, association, corporation, campaign, committee, 38 or organization that distributes or publishes any political communi- 39 cation that was produced by or includes materially deceptive media and 40 has actual knowledge that it is materially deceptive shall be required 41 to disclose this use. To the extent it is technically feasible and 42 reasonable, such materially deceptive media shall contain provenance 43 data. 44 (ii) (1) For visual media the disclosure shall be printed or typed in 45 a legible font size easily readable by the average viewer that is no 46 smaller than other text appearing in the visual media and in the same 47 language used on the communication to read as follows: "This (image, 48 video, or audio) has been manipulated". 49 (2) For communication that is auditory, such as radio or automated 50 telephone calls, clearly speaking the statement at the beginning of the 51 audio, at the end of the audio, and, if the audio is greater than two 52 minutes in length, interspersed within the audio at intervals of not 53 greater than two minutes each and in the same language as the rest of 54 the audio used in the communication, and in a pitch that can be easily 
 S. 9005 62 A. 10005 1 heard by the average listener satisfies the requirements of clause one 2 of this subparagraph. 3 (c) A person, firm, association, corporation, campaign, committee, or 4 organization shall not distribute or publish materially deceptive media 5 or enter into a contract or other agreement to distribute or publish 6 materially deceptive media if such person, firm, association, corpo- 7 ration, campaign, committee, or organization knows or reasonably should 8 know that the item being disseminated is materially deceptive media and 9 distribution: 10 (i) takes place within ninety days before an election; 11 (ii) is made without the express written consent of any depicted indi- 12 vidual; and 13 (iii) is made with the intent to influence the result of an election. 14 [(iii) This paragraph] (d) Paragraphs (b) and (c) of this subdivision 15 shall not apply to the following: 16 [(1)] (i) materially deceptive media that constitutes satire or paro- 17 dy; 18 [(2)] (ii) materially deceptive media distributed by a bona fide news 19 reporting entity for the purpose of news reporting or coverage, if the 20 reporting clearly acknowledges through content or a disclosure, in a 21 manner that can be easily read or heard by the average listener or view- 22 er, that there are questions about the authenticity of the materially 23 deceptive media; 24 [(3)] (iii) a radio or television broadcasting station, including a 25 cable television, satellite television or streaming service operator, 26 programmer, producer or other similar entity, that broadcasts a poli- 27 tical communication when the station or streaming service is paid to 28 broadcast the political communication if the station or streaming 29 service can show that it has disclaimer requirements that are consistent 30 with the requirements provided in [this] paragraph (b) of this subdivi- 31 sion and that it provided those disclaimer requirements to each person 32 or entity that purchased the broadcast or streaming of the advertise- 33 ment; or 34 [(4)] (iv) initial dissemination by a platform or service including, 35 but not limited to, a website, regularly published newspaper, or maga- 36 zine, where the content disseminated is materially deceptive media 37 provided by another information content provider. 38 [(iv)] (e)